Prosecution Insights
Last updated: April 19, 2026
Application No. 18/188,088

CONTAINER HAVING SIDE WALL FORMED WITH RECESSED PORTION POSITIONED ABOVE LIQUID SUPPLY OPENING

Non-Final OA §103
Filed
Mar 22, 2023
Examiner
VALENCIA, ALEJANDRO
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
3 (Non-Final)
42%
Grant Probability
Moderate
3-4
OA Rounds
2y 11m
To Grant
48%
With Interview

Examiner Intelligence

Grants 42% of resolved cases
42%
Career Allow Rate
567 granted / 1335 resolved
-25.5% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
151 currently pending
Career history
1486
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1335 resolved cases

Office Action

§103
DETAILED ACTION 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) 1, 3, 4, 6, 7, 9, 11, 12, 17, 18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (2002/0122103) in view of Fukuchi et al. (9,981,477) Regarding claim 1, Yamamoto teaches a container attachable to an image-forming apparatus, the container comprising: a container body (fig. 1, item 14) defining a storage chamber (fig. 5, item 13) configured to store liquid (fig. 5, item 12) therein, the container body having a liquid supply opening (fig. 5, item 28a) that is open frontward (fig. 5, note that “open frontward” can mean anything) and a communication opening (fig. 5, item 28b) that is open to the storage chamber, the container body comprising: a liquid channel (fig. 5, item 45); a front wall (fig. 4, leftmost wall of 14 shown in figure on the same general side as item 21) on which the liquid supply opening is positioned (see fig. 5, note that liquid channel 28a is likely about a centimeter from the front wall 11 on the right, and thus can be said to be “positioned at” the front wall. Further, note that the claim does not require that the liquid supply opening penetrates the front wall or any other more descriptive language, simply that it is “positioned at” the front wall); a rear wall (fig. 4, wall opposite front wall) opposite the front wall in the front-rear direction (see fig. 4, note that the front-rear direction is being taken as left-right on page); a first side wall (fig. 4, unshown, unlabeled large wall shown, fig. 5, wall 11) connecting the front wall to the rear wall, the first side wall having a first outer surface (fig. 5, outer surface of item 11) and a first inner surface (fig. 5, inner surface of first side wall 11); a second side wall (fig. 4, unshown, unlabeled large wall opposite first side wall, fig. 5, wall 11) opposite the first side wall in a left-right direction crossing the front-rear direction, the second side wall having a second outer surface (fig. 5, outer surface of item 11) and a second inner surface (fig. 5, inner surface of second side wall 11); an upper wall (fig. 4, unshown wall facing upward) connecting the front wall to the rear wall in the front-rear direction, the upper wall also connecting the first side wall to the second side wall in the left-right direction (see fig. 4); and a lower wall (fig. 4, unlabeled lower wall opposite upper wall) opposite the upper wall in an up-down direction crossing the front-rear direction and the left-right direction, wherein the first side wall has a first recessed portion (fig. 5, note recessed grooves), the first recessed portion having: an outer surface (fig. 5, lowest point in groove on exterior of container) that is recessed from the first outer surface (see fig. 5); and an inner surface protruding from the first inner surface or the second inner surface (see fig. 5), wherein at least a part of the first recessed portion is positioned above the liquid supply opening in the up-down direction (see fig. 5), and wherein the inner surface of the first recessed portion defines a part of the storage chamber (see fig. 5). (Note that the embodiment according to Figure 1 is being used. Figure 4 has been used in some citations for clarity of element-to-element matching, but Figure 1 is intended as the embodiment used). Yamamoto does not teach wherein the liquid channel extends in a front-rear direction to connect the communication opening to the liquid supply opening. Fukuchi teaches this (Fukuchi, see fig. 4, illustration, Note liquid channel generally indicated by numeral 2 extending in a front-rear direction. Note also that the liquid channel is “positioned at” the front wall, as now amended. Thus, even if Yamamoto did not teach wherein the liquid channel is “positioned at” the front wall, Fukuchi can also be said to teach the amended claim language). It would have been obvious to one of ordinary skill in the art at the time of invention to orient the liquid channel in the manner disclosed by Fukuchi on the cartridge disclosed by Yamamoto because doing so would amount to applying a known liquid introduction port to a known cartridge to yield predictable results. PNG media_image2.png 572 664 media_image2.png Greyscale Regarding claim 3, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the second side wall has a second recessed portion (Yamamoto, see figs. 1, 5), the second recessed portion having: an outer surface that is recessed from the second outer surface; and an inner surface protruding from the second inner surface, and wherein the inner surface of the first recessed portion of the first side wall faces the inner surface of the second recessed portion of the second side wall in the left-right direction (Yamamoto, see fig. 5). Regarding claim 4, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the first inner surface of the recessed portion includes a crossing surface intersecting with the first inner surface Regarding claim 6, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the first recessed portion is positioned to overlap with a center in the front-rear direction between the front wall and the rear wall (Yamamoto, see figs. 1, 5), and wherein the first recessed portion has a length in the front-rear direction that is equal to or greater than one half of a distance in the front-rear direction between the front wall and the rear wall (Yamamoto, see figs. 1, 5). Regarding claim 7, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the first recessed portion is not open to any one of the front wall, the rear wall, the upper wall, and the lower wall (Yamamoto, see fig. 1). Regarding claim 9, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the container body has a dimension in the left-right direction that is smaller than dimensions thereof in the up-down direction and in the front-rear direction (Yamamoto, see fig. 1). Regarding claim 11, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the first inner surface of the recessed portion is connected to the communication opening (Yamamoto, see fig. 5, Note that the entire interior of the container is connected). Regarding claim 12, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the communication opening is open to the part of the storage chamber, the part being defined by the inner surface of the first recessed portion in the left-right direction (Yamamoto, see fig. 5). Regarding claim 17, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the liquid channel has a sloped surface that is inclined diagonally upward toward the communication opening (Fukuchi, fig. 4. Note sloped portion between horizontal liquid channel and vertical communication opening). Regarding claim 18, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the communication opening is open upward in the up-down direction (Yamamoto, see fig. 5). Regarding claim 21, Yamamoto in view of Fukuchi teaches the container according to claim 1, wherein the liquid channel includes a first channel and a second channel connected to each other, the first channel extending in the front-rear direction to the liquid supply opening, the second channel extending in the up-down direction to the communication opening (Fukuchi, fig. 4, Note that channel generally at 2, 3 has a vertical component and a horizontal, front-rear component). Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto in view of Fukuchi as applied to claim 1 above, and further in view of Horade et al. (2020/0307226). Regarding claim 2, Yamamoto in view of Fukuchi teaches the container according to claim 1. Yamamoto in view of Fukuchi does not teach wherein the first side wall and the second side wall have translucency capable of transmitting light therethrough to allow a level of the liquid stored in the storage chamber to be visually observed from an outside of the container body. Horade teaches this (Horade, [0076]). It would have been obvious to one of ordinary skill in the art at the time of invention to apply the translucent walls disclosed by Horade to the cartridge disclosed by Yamamoto in view of Fukuchi because doing so would allow user to visually observe the remaining amount of liquid in the cartridge. Response to Arguments Applicant's arguments filed 10/31/2025 have been fully considered but they are not persuasive. It appears there was confusion in the rejection of claim 1 as to which component of Fukuchi was being taken as the claimed liquid channel. The rejection has been clarified. The standing prior art rejection is maintained. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEJANDRO VALENCIA whose telephone number is (571)270-5473. The examiner can normally be reached M-F. 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, DOUGLAS X. RODRIGUEZ can be reached at 571-431-0716. 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. /ALEJANDRO VALENCIA/Primary Examiner, Art Unit 2853
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Prosecution Timeline

Mar 22, 2023
Application Filed
Mar 24, 2025
Non-Final Rejection — §103
Jun 30, 2025
Response Filed
Jul 29, 2025
Final Rejection — §103
Oct 31, 2025
Request for Continued Examination
Nov 07, 2025
Response after Non-Final Action
Jan 12, 2026
Non-Final Rejection — §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
42%
Grant Probability
48%
With Interview (+5.9%)
2y 11m
Median Time to Grant
High
PTA Risk
Based on 1335 resolved cases by this examiner. Grant probability derived from career allow rate.

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