Prosecution Insights
Last updated: October 02, 2026
Application No. 18/183,728

LIQUID CARTRIDGE INCLUDING PLATE HAVING ATTENUATING SURFACE CONFIGURED TO ATTENUATE INCIDENT LIGHT

Non-Final OA §102§103
Filed
Mar 14, 2023
Priority
Mar 28, 2022 — JP 2022-051935
Examiner
MCMILLION, TRACEY M
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
3 (Non-Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
569 granted / 647 resolved
+19.9% vs TC avg
Minimal +2% lift
Without
With
+2.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
20 currently pending
Career history
669
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
59.2%
+19.2% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 647 resolved cases

Office Action

§102 §103
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 . Response to Arguments Applicants’ arguments, see pages 7-13, filed 06/22/2026, with respect to claims 31-37 and 39-41 have been fully considered and are persuasive. The rejection of claims 31-37 and 39-41 has been withdrawn. Applicants’ arguments as to claims 21-30 have been fully considered but they are not persuasive. Referring to paragraph 0071 of Okazaki, the protrusion disclosed as protruding upward from the top surface of the cartridge body is labeled as element 43 [locking portion]. It also discloses in paragraph 0072; the locking portion has an inclined surface (175) at a position in the forward direction and faces in the upward direction and the forward direction. Therefore, the argument made is not persuasive. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 21-24 and 27-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okazaki (JP 2017177732). With regard to claim 21 Okazaki discloses a liquid cartridge (30) [Para. 0040] attachable to a case (101) [Para.0041] in an attached posture [Figs. 1, 2], the liquid cartridge comprising: a cartridge body (31, 32) [Para. 0055; Fig. 4] comprising a liquid storage chamber (36) [ink chamber; Para. 0055; Fig. 4] and a cover (32) [front cover; Para. 0055; Fig. 4] covering the liquid storage chamber, the cartridge body having a front surface (140) and a top surface (141) [Upper Surfaces; Para. 0056; Fig. 4]; a liquid supply port (34) [Para. 0045; Figs. 3, 4] provided at the front surface of the cartridge body and configured to supply liquid stored in the liquid storage chamber to an outside of the cartridge body [Para. 0051]; an electronic board (66) [IC Substrate Para. 0054; Fig. 2] provided at the top surface of the cartridge body [Fig. 2] and comprising an electrode group (not illustrated) [plurality of electrodes; Para. 0054] comprising at least three electrodes (not illustrated) [HOT, GND, signal; Para. 0070], the at least three electrodes facing upward [Para. 0070]; a plate (80) [Para. 0069] provided at the top surface of the cartridge body [Figs. 3-4], the plate and the cover being integrally provided [plate of the wall (80) is formed on the upper surface (141) of the front cover; Para. 0069; Fig. 4], the plate being positioned rearward of the electrode group and protruding upward relative to the electrode group [Fig. 4], the plate having an attenuating surface (82) [light shielding portion; Para. 0071; Fig. 4, 6] configured to attenuate incident light traveling leftward or rightward (55, 56) [rightward and leftward direction; Para. 0070]; and a protrusion (43) [locking portion; Para. 0061; Fig. 4] provided at the top surface of the cartridge body [Fig. 4], the protrusion being positioned rearward of the plate and protruding upward from the top surface of the cartridge body [Fig. 4], the protrusion having a positioning surface (175) facing frontward and positioning the liquid cartridge in the attached posture [Para. 0061] as recited in claim 21, wherein when the liquid cartridge is attached to the case, the plate is configured to be detected by an optical sensor (121, 123) [Para. 0016; Fig. 7] configured to emit light traveling leftward or rightward (55, 56) [Para. 0112] [The through hole (83) may not be formed in the plate 81 depending on the type of the ink cartridge. When the through hole 83 is not formed, a light blocking portion 82 is formed along the entire dimension of the plate in an insertion direction (i.e. forward direction 51) is attached to the cartridge attachment section 110, and blocks or attenuates infrared light emitted from the light emitting part of the optical sensor 123; Para. 0071], and wherein the attenuating surface has a detection area (83) immovable relative to the cartridge body [Figs. 7-9], the light emitted from the optical sensor being configured to be incident on the detection area when the liquid cartridge is attached to the case [Fig. 9], the detection area being positioned rearward and upward of the electrode group and positioned frontward and downward of the positioning surface. [Figs. 1, 9] With regard to claim 22, Okazaki discloses wherein, when viewed leftward or rightward, the detection area is positioned in an area defined by: a first imaginary line passing through both a center of the electrode group and a center of the positioning surface; a second imaginary line passing through both a center of the liquid supply port and the center of the electrode group; and a third imaginary line passing through both the center of the liquid supply port and the center of the positioning surface. PNG media_image1.png 488 564 media_image1.png Greyscale With regard to claim 23, Okazaki discloses wherein the plate has a left end and a right end positioned inward relative to a left end and a right end of the electrode group, respectively [Fig. 5]. With regard to claim 24, Okazaki discloses wherein the plate does not contact the liquid stored in the liquid storage chamber [Fig. 4]. With regard to claim 27, Okazaki also discloses further comprising a detection portion (93) provided at the top surface of the cartridge body [Fig. 6] and configured to attenuate the light emitted from the optical sensor [Para. 0090], the detection portion being positioned further rearward relative to the electrode group and further frontward relative to the plate [Fig. 6]. With regard to claim 28, Okazaki discloses wherein an upper end of the plate is positioned further downward relative to the positioning surface. [Fig. 4] With regard to claim 29, Okazaki discloses wherein the electrode group comprises a first electrode, a second electrode, and a third electrode arranged in a left-right direction such that the third electrode is positioned between the first electrode and the second electrode [electrodes include a HOT, GND a signal and the like electrodes are spaced apart in the leftward direction (56) and the rightward direction (55) and electrode arrangement involves only routine skill in the art; Para. 00; Fig. 4], wherein the first electrode, the second electrode, and the third electrode are configured to be electrically connected to the case [Fig. 1], and wherein in the attached posture, an upper end of the plate and one of the first electrode and the second electrode are arranged to intersect an imaginary plane extending both in a front rear direction and in an up-down direction. [Figs. 1, 9] With regard to claim 30, Okazaki discloses wherein the cartridge body comprises: a first cover (141) [upper surface; Para. 0070] supporting the electronic board and covering a portion of the liquid storage chamber; and a second cover (129) comprising the plate and the positioning surface. [Fig. 4] Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Okazaki (JP 2017177732A). With regard to claim 25, Okazaki does not explicitly disclose wherein the plate is made of resin. Okazaki discloses the inner frame (35) is made of resin and the plate protrudes in the upward direction from the upper surface with a through hole (83) [Para. 0087-0088], Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the plate to be made of resin for the purpose of maintain a through hole in a position between the light emitting part and the light receiving part of the optical sensor. With regard to claim 26, Okazaki does not disclose further comprising a light-transmissive member covering at least the attenuating surface, a front portion, and an upper portion of the plate. Okazaki does disclose the detection portion (93) that attenuates the light emitted from the optical sensor may be covered by a cover that allows light from the outside to pass through [Para. 0090]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize light transmissive member covering at least the attenuating surface, a front portion and an upper portion of the plate for the purpose allowing light from the outside to pass through. Allowable Subject Matter Claims 31-37 and 39-41 are allowed. The primary reason for allowance of claims 31-37 and 39-41 is the inclusion of the limitations of the detection portion being positioned further rearward relative to the electrode group and further frontward relative to the plate provided at the top surface of the cartridge body. It is this limitation(s) found in the claims, as it is claimed in the combination of that has not been found, taught or suggested by the prior art of record, which makes these claims allowable over the prior art. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kobayashi (US 10,293,618) discloses a liquid cartridge (30) comprising a cartridge body (31), a liquid supply port (71), an electronic board (64), a plate (67) and a protrusion (63). The detection portion is enclosed in the attachment section and the detection portion being positioned frontward relative to the electrode group and relative to the plate. Therefore, the detection portion being positioned further rearward relative to the electrode group and further frontward relative to the plate is not satisfied. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACEY M MCMILLION whose telephone number is (571)270-5193. The examiner can normally be reached Monday-Friday 6AM-2:30PM EST. 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, Ricardo Magallanes can be reached at 571-272-5960. 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. /TRACEY M MCMILLION/Examiner, Art Unit 2853 /KRISTAL FEGGINS/Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Show 3 earlier events
Mar 25, 2025
Non-Final Rejection mailed — §102, §103
Jul 24, 2025
Response Filed
Jan 15, 2026
Response after Non-Final Action
Jan 27, 2026
Request for Continued Examination
Feb 20, 2026
Response after Non-Final Action
Mar 19, 2026
Non-Final Rejection mailed — §102, §103
Jun 22, 2026
Response Filed
Sep 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

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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
88%
Grant Probability
90%
With Interview (+2.3%)
1y 12m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 647 resolved cases by this examiner. Grant probability derived from career allowance rate.

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