Prosecution Insights
Last updated: October 01, 2026
Application No. 19/067,619

TREADMILL WITH VERTICALLY DISPLACEABLE PLATFORM

Non-Final OA §102
Filed
Feb 28, 2025
Priority
May 31, 2017 — provisional 62/512,770 +4 more
Examiner
KOBYLARZ, ANDREW M
Art Unit
Tech Center
Assignee
Nike Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
276 granted / 361 resolved
+16.5% vs TC avg
Strong +20% interview lift
Without
With
+20.1%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
18 currently pending
Career history
382
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
33.4%
-6.6% vs TC avg
§102
36.3%
-3.7% vs TC avg
§112
25.6%
-14.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 361 resolved cases

Office Action

§102
CTNF 19/067,619 CTNF 94743 DETAILED ACTION This is the first Office Action on the merits based on the 19/067,619 application filed on 02/28/2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims 1-20, as originally filed, are currently pending and considered below. Information Disclosure Statement 06-52 The information disclosure statements (IDS) submitted on 08/27/2025 and 05/23/2025 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: The claim limitation “ displacement-based lighting system ” present in claim 8 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f): a) Uses the generic placeholder “ system ” for performing the claimed function; b) The term “ system ” is modified by the functional language “ to illuminate different colors ”; c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions. With the invocation of 35 U.S.C. 112(f) to the claim limitation “ displacement-based lighting system ” present in claim 8, this limitation is taken to describe “three linear encoders 402a/402b, a rear linear encoder 402b mounted to and adjacent a rear edge 418 of the plate 22, horizontally extending elongated lighting arrangements 422” (Para. [0062]-[0063]). Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 1, 4-7, 9, and 12-13 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by French (US Patent No. 7,241,250; DP: 07/10/2007) . PNG media_image1.png 872 830 media_image1.png Greyscale Regarding claim 1 , French discloses a treadmill (Treadmill 8; Figure 1), comprising: a base (Base of the tank 2; Figure 1); and a platform (Platform 10; Figure 1) supported by a pair of scissor frameworks (Rigid members 32 and 34; Figure 1) connected to the base, each scissor framework comprising: a first scissor arm (Rigid member 34; Figure 1), comprising: a first end coupled to the platform, and a second end coupled to the base (i.e., the first scissor arm/rigid member 34 is slidably connected to the base at point 46 in channel 118 and the pivotably connected to the platform at point 44); and a second scissor arm (Rigid member 32; Figure 1), comprising: a first end coupled to the base, and a second end coupled to the platform (i.e., the second scissor arm/rigid member 32 is pivotably connected to the base at point 40 and slidably connected to the platform at point 42 in channel 119), wherein an intermediate portion (Center 38 of rigid member 32; Figure 1) of the first scissor arm is pivotally coupled to an intermediate portion (Center 38 of rigid member 34; Figure 1) of the second scissor arm such that the first scissor arm and the second scissor arm can pivot relative to each other. Regarding claim 4 , French discloses the first end of the first scissor arm is pivotally connected to the platform, and wherein the second end of the first scissor arm is slidably mounted to the base (i.e., the first scissor arm/rigid member 34 is slidably connected to the base at point 46 in channel 118 and the pivotably connected to the platform at point 44) Regarding claim 5 , French discloses the first end of the second scissor arm is pivotally connected to the base, and wherein the second end of the second scissor arm is slidably mounted to the platform (i.e., the second scissor arm/rigid member 32 is pivotably connected to the base at point 40 and slidably connected to the platform at point 42 in channel 119). Regarding claim 6 , French discloses the pair of scissor frameworks each comprise a pivot/bearing mounting bracket (Pulleys 60 and 52 Figure 3). Regarding claim 7 , French discloses the pair of scissor frameworks each comprises a slide arrangement (Channels 118 and 119; Figure 3). Regarding claim 9 , French discloses displacement apparatus for a treadmill (Treadmill 8; Figure 1) with a base (Base of the tank 2; Figure 1) and a platform (Platform 10; Figure 1), the displacement apparatus comprising: a pair of scissor frameworks (Rigid members 32 and 34; Figure 1), each comprising: a first scissor arm (Rigid member 34; Figure 1), comprising: a first end that couples to the platform, and a second end that couples to the base (i.e., the first scissor arm/rigid member 34 is slidably connected to the base at point 46 in channel 118 and the pivotably connected to the platform at point 44); and a second scissor arm (Rigid member 32; Figure 1), comprising: a first end that couples to the base, and a second end that couples to the platform (i.e., the second scissor arm/rigid member 32 is pivotably connected to the base at point 40 and slidably connected to the platform at point 42 in channel 119), wherein each scissor framework is configured to be pivotable and slidable between the base and the platform (i.e., the first scissor arm/rigid member 34 is slidably connected to the base at point 46 in channel 118 and the pivotably connected to the platform at point 44 and the second scissor arm/rigid member 32 is pivotably connected to the base at point 40 and slidably connected to the platform at point 42 in channel 119). Regarding claim 12 , French discloses the first end of the first scissor arm comprises a pivot connection (Point 44; Figure 1), and wherein the second end of the first scissor arm comprises a sliding connection (Point 46; Figure 1). Regarding claim 13 , French discloses the first end of the second scissor arm comprises a sliding connection (Point 42; Figure 1), and wherein the second end of the second scissor arm comprises a pivot connection (Point 40; Figure 1) . Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim s 14-20 are allowed. 12-151-08 AIA 07-43 12-51-08 Claim s 2-3, 8, and 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art of record Jafari (US Patent Pub. No. 20190/0366152; PD: 12/05/2019), Hou (US Patent Pub. No. 2013/0130869; PD: 05/23/2013), Chen (US Patent Pub. No. 2019/0134457; PD: 05/09/2019), Corbalis (US Patent Pub. No. 2018/0361194; PD: 12/20/2018), Chang (US Patent Pub. No. 2003/0224910; PD: 12/04/2003), Beard (US Patent Pub. No. 2014/0274577; PD: 09/18/2014), French (US Patent No. 7,241,250; DP: 07/10/2007), Lu (US Patent Pub. No. 2021/0252334; PD: 08/19/2021), D’ Alesio (US Patent No. 10,850,163; DP: 12/01/2020), and (US Patent No.; EFD:) fail to teach or render obvious claims 2-3, 8, 10-11, and 14-20. The Office notes that the combination of materials in claim 14 is not specifically taught within the prior art of record. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 Notice of References Cited for additional pertinent prior art . Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANDREW M KOBYLARZ/Examiner, Art Unit 3784 Application/Control Number: 19/067,619 Page 2 Art Unit: 3784 Application/Control Number: 19/067,619 Page 3 Art Unit: 3784 Application/Control Number: 19/067,619 Page 4 Art Unit: 3784 Application/Control Number: 19/067,619 Page 5 Art Unit: 3784 Application/Control Number: 19/067,619 Page 6 Art Unit: 3784 Application/Control Number: 19/067,619 Page 7 Art Unit: 3784 Application/Control Number: 19/067,619 Page 8 Art Unit: 3784
Read full office action

Prosecution Timeline

Feb 28, 2025
Application Filed
Jun 01, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
97%
With Interview (+20.1%)
1y 11m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 361 resolved cases by this examiner. Grant probability derived from career allowance rate.

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