I have done many in vitro cleavage assays, always using the protocol from PNA Bio, the company from which we purchased the Cas9. Recently I tried a sample of NEB's Cas9 and used their protocol for the assay. Cleavage was much worse (barely/not detectable), regardless of Cas9 source, and improved using the PNA protocol. Granted I have not had the empty gel issue, but give this a try:
60 ng purified pcr product (target DNA)
150 ng Cas9
100 ng gRNA
1 uL BSA
1 uL NEB buffer 3 (NOT 3.1)
H2O to 10 uL
37 degrees, 1h
65 degrees, 10 min
Run on agarose gel
No RNP incubation necessary. You can try -RNA and/or -Cas9 controls as necessary.