Prosecution Insights
Last updated: July 17, 2026
Application No. 19/390,957

RUNNING SHOE SOLE COMPRISING A SOFT-ELASTIC MIDSOLE

Non-Final OA §102§112§DP
Filed
Nov 17, 2025
Priority
Nov 27, 2018 — CH 01463/18 +3 more
Examiner
SMITH, HALEY ANNE
Art Unit
3732
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
On Clouds GmbH
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
1y 10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
133 granted / 234 resolved
-13.2% vs TC avg
Strong +58% interview lift
Without
With
+58.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
31 currently pending
Career history
267
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
79.6%
+39.6% vs TC avg
§102
7.9%
-32.1% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 234 resolved cases

Office Action

§102 §112 §DP
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 . Claim Objections Claims 20-22 are objected to because of the following informalities: “direction, , wherein” in the second to last line of Claim 20 should read “direction, wherein” “The midsole according to Claim 20” in Claims 21 and 22 should read “The sole according to Claim 20” so as to have a consistent preamble Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 9 recites “wherein the channels of the first horizontal plane are horizontally in the longitudinal direction offset from the channels of the second horizontal plane” which is identical to the limitation “wherein the channels of the first horizontal plane are horizontally in the longitudinal direction offset from the channels of the second horizontal plane” as recited in Claim 1. For at least these reasons, Claim 9 fails to further limit the subject matter of Claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 102 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 – (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. Claim(s) 10-12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boudreau et al. (US 2011/0232130). Regarding Claim 10, Boudreau et al. teaches a sole (200) for a running shoe (400) having a soft-elastic midsole (202) which has an underside which comes at least partially into contact with the ground during running (fig. 8 shows the midsole (202) having an underside coming into contact with the ground; paragraph [0044] teaches “material for midsole 202 must be sufficiently flexible to allow the buckling and distortions described above so as to provide adequate cushioning,” therein the midsole is clearly soft and elastic), the midsole comprising: a plurality of channels (210, 212) extending in a transverse direction and arranged in a lateral area of the midsole in at least a first and a second horizontal plane, wherein the first and second horizontal plane are vertically offset from one another (fig. 8 shows the channels (210, 212) being arranged in a lateral area of the midsole in a first and second vertically offset horizontal plane), wherein the channels of the first horizontal plane are horizontally in the longitudinal direction offset from the channels of the second horizontal plane and longitudinally adjacent channels are alternatingly offset both vertically and horizontally (fig. 8 shows the first horizontal plane channels being horizontally in the longitudinal direction offset, and alternatingly offset vertically and horizontally), and wherein the channels are vertically and/or horizontally in the longitudinal direction deformable until their closure under the action of forces occurring during running, acting vertically and/or in the longitudinal direction (paragraph [0043] teaches “As each trough 206 contacts or engages the ground a compressive force is exerted causing distortion of the shape of gap 210 located above trough 206 as a result of vertical buckling of walls 208 connected to trough 206. The compressive forces can also distort the shape of gaps 212 on either side of trough 206 to increase the distance between the trough 206 contacting or engaging the ground and those adjacent to it. Shear forces exerted on midsole 202 may have the same effect of buckling walls 208 and distorting the shape of gaps 210 and 212,” therein the channels can clearly being deformable until their closure under the actions of force during running), and wherein the channels in a medial area of the midsole are delimited on one side by an elastic incompressible plate (300) extending over at least one of a heel area, a midfoot area and a forefoot area (fig. 1 shows the channels being delimited on one side by an elastic incompressible plate (300) extending over the heel, midfoot, and forefoot areas). Regarding Claim 11, Boudreau et al. teaches all of the limitations of the sole of Claim 10, as discussed in the rejections above. Boudreau et al. further teaches wherein the channels (210, 212) have an elongated shape in cross-section (fig. 8 shows the channels having an elongated shape in cross section). Regarding Claim 12, Boudreau et al. teaches all of the limitations of the sole of Claim 10, as discussed in the rejections above. Boudreau et al. further teaches wherein the midsole (202) has a groove (218) extending longitudinally from a heel area to at least a midfoot area (fig. 9 shows the midsole (202) having a groove (218) extending longitudinally from a heel to a midfoot area). Regarding Claim 14, Boudreau et al. teaches all of the limitations of the sole of Claim 10, as discussed in the rejections above. Boudreau et al. further teaches wherein at least one channel (210, 212) has an inclination in the vertical direction (fig. 8 shows the channels (210, 212) having an upward incline along the rear wall of each channel). Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-5 and 7-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6, and 9-11 of U.S. Patent No. 12599194. Although the claims at issue are not identical, they are not patentably distinct from each other because the differences are minor. See comparison table below: Instant App 19/360957 US PN 12599194 1 A sole for a running shoe having a soft-elastic midsole having an underside, 1 A sole for a running shoe having a soft-elastic midsole having an underside, the midsole comprising: a plurality of channels extending in a transverse direction, the channels being arranged in a lateral area of the midsole in at least a first and a second horizontal plane, wherein the first and second horizontal plane are vertically offset from one another, the midsole comprising: a plurality of channels extending in a transverse direction , the channels being arranged in a lateral area of the midsole in at least a first and a second horizontal plane, wherein the first and second horizontal plane are vertically offset from one another, wherein the channels of the first horizontal plane are horizontally in the longitudinal direction offset from the channels of the second horizontal plane and wherein longitudinally adjacent channels are alternatingly offset both vertically and horizontally, wherein the channels of the first horizontal plane are horizontally in the longitudinal direction offset from the channels of the second horizontal plane and wherein longitudinally adjacent channels are alternatingly offset both vertically and horizontally, such that in the vertical direction there is no overlap between the channels of the first horizontal plane and the channels of the second horizontal plane, and wherein the channels are each delimited in a longitudinal direction by a front wall and a rear wall and wherein the channels in the lateral area of the midsole are completely delimited by the soft-elastic midsole, and wherein the channels are each delimited in a longitudinal direction by a front wall and a rear wall and wherein the channels in the lateral area of the midsole are completely delimited by the soft-elastic midsole wherein the channels in a medial area of the midsole are delimited on one side by an elastic incompressible plate extending over at least one of the heel area, the midfoot area and the forefoot area. wherein the channels in a medial area of the midsole are delimited on one side by an elastic incompressible plate extending over at least one of the heel area, the midfoot area and the forefoot area. 2 The sole according to Claim 1, wherein in the vertical direction there is no overlap between the channels of the first horizontal plane and the channels of the second horizontal plane. 1 ... such that in the vertical direction there is no overlap between the channels of the first horizontal plane and the channels of the second horizontal plane… 3 The sole according to Claim 1, wherein the channels have lateral openings in the lateral area of the midsole, and wherein the channels are vertically and/or horizontally in the longitudinal direction deformable under the action of forces occurring during running acting vertically and/or in the longitudinal directional until the lateral openings are closed. 2 The sole according to claim 1, wherein the channels have lateral openings in the lateral area of the midsole. 3 The sole according to claim 2, wherein the channels are vertically and/or horizontally in the longitudinal direction deformable under the action of forces occurring during running acting vertically and/or in the longitudinal direction until the lateral openings are closed. 4 The sole according to Claim 1, wherein the channels have an elongated shape in cross-section. 6 The sole according to claim 1, wherein the channels have an elongated shape in cross-section. 5 The sole according to Claim 1, wherein the midsole has a groove extending longitudinally from a heel area to at least a midfoot area. 9 The sole according to claim 1, wherein the midsole has a groove extending longitudinally from the heel area to at least the midfoot area. 7 The sole according to Claim 1, wherein at least one channel has an inclination in the vertical direction. 10 The sole according to claim 1, wherein at least one channel has an inclination in the vertical direction. 8 The sole according to Claim 1, wherein a width of the soft-elastic midsole between at least one channel and the underside is thinner in the lateral area of the midsole than in a medial area of the midsole. 11 The sole according to claim 1, wherein a width of the soft- elastic midsole between at least one channel and the underside is thinner in the lateral area of the midsole than in the medial area of the midsole. 9 The sole according to Claim 1, wherein the channels of the first horizontal plane are horizontally in the longitudinal direction offset from the channels of the second horizontal plane. 1 wherein the channels of the first horizontal plane are horizontally in the longitudinal direction offset from the channels of the second horizontal plane Claims 1, 3-5, 7-12, and 14-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6-12, and 16 of U.S. Patent No. 12064005. Although the claims at issue are not identical, they are not patentably distinct from each other because the differences are minor. See comparison table below: Instant App 19/360957 US PN 12064005 1 A sole for a running shoe having a soft-elastic midsole having an underside, 1 A sole for a running shoe having a soft-elastic midsole (1) which has an underside (2)… the midsole comprising: a plurality of channels extending in a transverse direction, the channels being arranged in a lateral area of the midsole in at least a first and a second horizontal plane, wherein the first and second horizontal plane are vertically offset from one another, ...the midsole (1) comprising: a plurality of channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) extending in a transverse direction (Q), the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) being arranged in a lateral area of the midsole (1) in at least a first and a second horizontal plane, wherein the first and second horizontal plane are vertically offset from one another, wherein the channels of the first horizontal plane are horizontally in the longitudinal direction offset from the channels of the second horizontal plane and wherein longitudinally adjacent channels are alternatingly offset both vertically and horizontally, wherein the channels (3a, 3b, 3c, 3d, 3e) of the first horizontal plane are horizontally in the longitudinal direction offset from the channels (4a, 4b, 4c) of the second horizontal plane and longitudinally adjacent channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) are alternatingly offset both vertically and horizontally, and wherein the channels are each delimited in a longitudinal direction by a front wall and a rear wall and wherein the channels in the lateral area of the midsole are completely delimited by the soft-elastic midsole, and wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) are each delimited in a longitudinal direction (L) by a front wall (31) and a rear wall (32) and the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) in the lateral area of the midsole (1) are completely delimited by the soft-elastic midsole (1)... wherein the channels in a medial area of the midsole are delimited on one side by an elastic incompressible plate extending over at least one of the heel area, the midfoot area and the forefoot area. ... wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) in a medial area of the midsole (1) are delimited on one side by a layer extending over at least one of a heel area (FB), a midfoot area (MB) and a forefoot area (VB), the layer (5) comprising an elastic incompressible plate. 3 The sole according to Claim 1, wherein the channels have lateral openings in the lateral area of the midsole, and wherein the channels are vertically and/or horizontally in the longitudinal direction deformable under the action of forces occurring during running acting vertically and/or in the longitudinal directional until the lateral openings are closed. 2 The sole according to claim 1, wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) have lateral openings in the lateral area of the midsole (1), and wherein the channels (3a, 3b, 3c, 3d, 3e 4a, 4b, 4c) are vertically and/or horizontally in the longitudinal direction deformable under the action of forces occurring during running acting vertically and/or in the longitudinal directional until the lateral openings are closed. 4 The sole according to Claim 1, wherein the channels have an elongated shape in cross-section. 3 The sole according to claim 1, wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) have an elongated shape in cross-section. 5 The sole according to Claim 1, wherein the midsole has a groove extending longitudinally from a heel area to at least a midfoot area. 6 The sole according to claim 1, wherein the midsole (1) has a groove (6) extending longitudinally from a heel area (FB) to at least a midfoot area (MB). 7 The sole according to Claim 1, wherein at least one channel has an inclination in the vertical direction. 7 The sole according to claim 1, wherein at least one channel (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) has an inclination (8) in the vertical direction. 8 The sole according to Claim 1, wherein a width of the soft-elastic midsole between at least one channel and the underside is thinner in the lateral area of the midsole than in a medial area of the midsole. 8 The sole according to claim 1, wherein a width of the soft-elastic midsole (1) between at least one channel (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) and the underside is thinner in the lateral area of the midsole than in a medial area of the midsole. 9 The sole according to Claim 1, wherein the channels of the first horizontal plane are horizontally in the longitudinal direction offset from the channels of the second horizontal plane. 9 The sole according to claim 1, wherein the channels (3a, 3b, 3c, 3d, 3e) of the first horizontal plane are horizontally in the longitudinal direction offset from the channels (4a, 4b, 4c) of the second horizontal plane. 10 A sole for a running shoe having a soft-elastic midsole (1) which has an underside (2) which comes at least partially into contact with the ground (B) during running, 1 A sole for a running shoe having a soft-elastic midsole (1) which has an underside (2) which has an underside (2) which comes at least partially into contact with the ground (B) during running, the midsole (1) comprising: a plurality of channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) extending in a transverse direction (Q) and arranged in a lateral area of the midsole (1) in at least a first and a second horizontal plane, wherein the first and second horizontal plane are vertically offset from one another, the midsole (1) comprising: a plurality of channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) extending in a transverse direction (Q), the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) being arranged in a lateral area of the midsole (1) in at least a first and a second horizontal plane, wherein the first and second horizontal plane are vertically offset from one another, wherein the channels (3a, 3b, 3c, 3d, 3e) of the first horizontal plane are horizontally in the longitudinal direction offset from the channels (4a, 4b, 4c) of the second horizontal plane and longitudinally adjacent channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) are alternatingly offset both vertically and horizontally, wherein the channels (3a, 3b, 3c, 3d, 3e) of the first horizontal plane are horizontally in the longitudinal direction offset from the channels (4a, 4b, 4c) of the second horizontal plane and longitudinally adjacent channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) are alternatingly offset both vertically and horizontally... and wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) are vertically and/or horizontally in the longitudinal direction (L) deformable until their closure under the action of forces occurring during running, acting vertically (V) and/or in the longitudinal direction, ...and wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) are vertically and/or horizontally in the longitudinal direction (L) deformable until their closure under the action of forces occurring during running, acting vertically (V) and/or in the longitudinal direction and wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) in a medial area of the midsole (1) are delimited on one side by an elastic incompressible plate extending over at least one of a heel area (FB), a midfoot area (MB) and a forefoot area (VB). wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) in a medial area of the midsole (1) are delimited on one side by a layer extending over at least one of a heel area (FB), a midfoot area (MB) and a forefoot area (VB), the layer (5) comprising an elastic incompressible plate. 11 The sole according to Claim 10, wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) have an elongated shape in cross-section. 3 The sole according to claim 1, wherein the channels (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) have an elongated shape in cross-section. 12 The sole according to Claim 10, wherein the midsole (1) has a groove (6) extending longitudinally from a heel area (FB) to at least a midfoot area (MB). 6 The sole according to claim 1, wherein the midsole (1) has a groove (6) extending longitudinally from a heel area (FB) to at least a midfoot area (MB). 14 The sole according to Claim 10, wherein at least one channel (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) has an inclination (8) in the vertical direction. 7 The sole according to claim 1, wherein at least one channel (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) has an inclination (8) in the vertical direction. 15 The sole according to Claim 10, wherein a width of the soft-elastic midsole (1) between at least one channel (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) and the underside is thinner in the lateral area of the midsole than in a medial area of the midsole. 8 The sole according to claim 1, wherein a width of the soft-elastic midsole (1) between at least one channel (3a, 3b, 3c, 3d, 3e, 4a, 4b, 4c) and the underside is thinner in the lateral area of the midsole than in a medial area of the midsole. 16 The sole according to Claim 10, wherein the channels (3e) in a forefoot area (VB) are arranged in a single horizontal plane only. 10 The sole according to claim 1, wherein the channels (3e) in a forefoot area (VB) are arranged in a single horizontal plane only. 17 The sole according to Claim 10, wherein the channels (3a, 3b, 3c, 3d, 3e ,4a, 4b, 4c) have a hexagonal and/or pentagonal cross-section. 11 The sole according to claim 1, wherein the channels (3a, 3b, 3c, 3d, 3e ,4a, 4b, 4c) have a hexagonal and/or pentagonal cross-section. 18 The sole according to Claim 10, wherein a front wall (31) of at least one channel (3a, 3b) in the first horizontal plane in a heel area (FB) has a folding edge (33) and a rear wall (32) of the at least one channel (3a, 3b) in the first horizontal plane in the heel area (FB) is formed as a stable wall. 12 The sole according to claim 1, wherein the front wall (31) of at least one channel (3a, 3b) in the first horizontal plane in a heel area (FB) has a folding edge (33) and the rear wall (32) of the at least one channel (3a, 3b) in the first horizontal plane in the heel area (FB) is formed as a stable wall. 19 The sole according to Claim 10, wherein the channels (3a, 3b, 3c, 3d, 4a, 4b, 4c) in a heel area (FB) and midfoot area (MB) have an inclination (8) in the vertical direction and the channels (3e) in a forefoot area (VB) have no inclination in the vertical direction. 16 The sole according to claim 1, wherein the channels (3a, 3b, 3c, 3d, 4a, 4b, 4c) in a heel area (FB) and midfoot area (MB) have an inclination (8) in the vertical direction and the channels (3e) in a forefoot area (VB) have no inclination in the vertical direction. Allowable Subject Matter Claims 13 and 15-19 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. Claims 20-22 are allowed. The following is an examiner’s statement of reasons for allowance: Claim 20 recites a sole with a soft elastic midsole which comes at least partially into contact with the ground, including a plurality of channels, in a first and a second horizontal plane that are vertically offset from one another, wherein the channels are each completely delimited by the soft elastic midsole in the lateral area of the midsole, wherein the channels are vertically deformable until their closure under the action of forces during running, wherein at least one channel has an inclination in the vertical direction, and wherein the midsole has a groove extending longitudinally from the heel to the midfoot area. None of the prior art alone or in combination discloses, teaches, or suggests these limitations. To modify the prior art in the manner as disclosed would be impermissible hindsight reconstruction of the Applicant' s invention without any discloses, teaching, or suggestion from the prior art of record, as is presently the case. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HALEY A SMITH whose telephone number is (571)272-6597. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm. 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 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. /HALEY A SMITH/Primary Examiner, Art Unit 3732
Read full office action

Prosecution Timeline

Nov 17, 2025
Application Filed
Jun 24, 2026
Non-Final Rejection mailed — §102, §112, §DP
Jul 09, 2026
Examiner Interview Summary
Jul 09, 2026
Applicant Interview (Telephonic)

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Prosecution Projections

1-2
Expected OA Rounds
57%
Grant Probability
99%
With Interview (+58.2%)
2y 6m (~1y 10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 234 resolved cases by this examiner. Grant probability derived from career allowance rate.

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