Prosecution Insights
Last updated: October 25, 2026
Application No. 19/089,377

SOLE STRUCTURE FOR ARTICLE OF FOOTWEAR

Non-Final OA §112
Filed
Mar 25, 2025
Priority
May 31, 2020 — provisional 63/032,662 +2 more
Examiner
NGUYEN, BAO-THIEU L
Art Unit
3732
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nike Inc.
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
478 granted / 715 resolved
-3.1% vs TC avg
Strong +24% interview lift
Without
With
+24.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
34 currently pending
Career history
758
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
39.8%
-0.2% vs TC avg
§102
21.0%
-19.0% vs TC avg
§112
26.7%
-13.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 715 resolved cases

Office Action

§112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08-27-2026 has been entered. Drawings The drawings were received on 08-27-2026. These drawings are accepted. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 1, 3-4, 6-11, 13-14, and 16-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1 and 11 are rejected because of the limitations “a carriage … including a first frame having a first aperture … the chassis extending into the first aperture” lacks support in the original specification which filed 03-25-2025; therefore such lack of detailed support in the original disclosure constitutes new matter. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 1, 3-4, 6-11, 13-14, and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1 and 11 are rejected because of the limitations “a carriage … including a first frame having a first aperture … the chassis extending into the first aperture”. It is not clear how the chassis extending onto the aperture since the specification does not discloses any aperture of the frame. In addition, the specification only teaches a dock 118 extends into an opening of the first frame. Any remaining claims are rejected as depending from a rejected base claim. In the art rejections below the claims have been treated as best understood by the examiner. Response to Arguments Applicant's arguments, dated 08-27-2026, with respect to the rejection of claims under 35 U.S.C 12(a) and 12(b) have been fully considered, but they are not persuasive applicant argues that the para 0097 teaches the limitations. However, the examiner respectfully disagrees because para 0097 teaches "the opening 176a in an upper one of the frames 168a is configured to receive the dock 118 of the chassis 106", but not the chassis itself. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-3pm. 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, KHOA D. HUYNH can be reached at (571)272-4888. 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. BAO-THIEU L. NGUYEN Primary Examiner Art Unit 3732 /BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732
Read full office action

Prosecution Timeline

Show 1 earlier event
Feb 05, 2026
Non-Final Rejection mailed — §112
Mar 18, 2026
Applicant Interview (Telephonic)
Mar 18, 2026
Examiner Interview Summary
May 05, 2026
Response Filed
May 27, 2026
Final Rejection mailed — §112
Aug 27, 2026
Request for Continued Examination
Sep 02, 2026
Response after Non-Final Action
Oct 09, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12765630
GOLF SHOE SOLE WITH LOCALIZED SIDEWALLS REINFORCEMENT STRUCTURE
1y 6m to grant Granted Oct 20, 2026
Patent 12757976
ARTICLE OF FOOTWEAR INCLUDING A SOLE STRUCTURE
2y 7m to grant Granted Oct 13, 2026
Patent 12751521
ARTICLE OF FOOTWEAR INCLUDING A SOLE STRUCTURE
2y 6m to grant Granted Oct 06, 2026
Patent 12742264
AUTOMATED YARN PACKAGE HANDLING SYSTEM AND METHOD
1y 12m to grant Granted Sep 22, 2026
Patent 12740619
ARTICLE OF FOOTWEAR WITH CLOSURE SYSTEM
1y 4m to grant Granted Sep 22, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
91%
With Interview (+24.3%)
2y 4m (~9m remaining)
Median Time to Grant
High
PTA Risk
Based on 715 resolved cases by this examiner. Grant probability derived from career allowance rate.

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