Prosecution Insights
Last updated: July 17, 2026
Application No. 18/273,620

Container Holder, Analyzer, and Method for Manufacturing Container Holder

Non-Final OA §103
Filed
Jul 21, 2023
Priority
Feb 19, 2021 — JP 2021-024854 +1 more
Examiner
LE, AUSTIN Q
Art Unit
1796
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Hitachi Ltd.
OA Round
3 (Non-Final)
49%
Grant Probability
Moderate
3-4
OA Rounds
8m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allowance Rate
78 granted / 160 resolved
-16.2% vs TC avg
Strong +34% interview lift
Without
With
+34.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
33 currently pending
Career history
214
Total Applications
across all art units

Statute-Specific Performance

§103
86.4%
+46.4% vs TC avg
§102
6.0%
-34.0% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 160 resolved cases

Office Action

§103
CTNF 18/273,620 CTNF 95199 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-42-04 AIA 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/25/2026 has been entered. Information Disclosure Statement The information disclosure statement (IDS) submitted on 4/1/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Amendment The amendments and remarks, filed on 2/26/2026, has been entered. The previous prior art rejection is withdrawn and a new prior art rejection is applied to address the claim amendments. Claim Status Claims 14-26 are pending with claims 14-16 and 22 being examined and claims 17- 21 and 23-26 are withdrawn. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 14-16 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (US 20180235838 A1; hereinafter “Kawamura”; already of record) in view of Narvekar et al (EP 3381828 A1; hereinafter “Narvekar”; FOR attached) . Regarding claim 14, Kawamura teaches a container holder that holds a columnar container (Kawamura; Abstract; a container holding member that is capable of simply, surely, and stably holding a plurality of medical containers), comprising a hole portion that houses the container (Kawamura; Fig. 12, 14; para [66]; a medical container 1 is housed in the tubular housing section 40), wherein the hole portion includes a bottom portion (Kawamura; Fig. 12, 14; para [67]; the tubular housing section 40 is preferably provided with a flange portion 43 at the lower side opening end 42 ) and an opening portion through which the container is inserted (Kawamura; Fig. 12; para [50]; a flat-shaped substrate section 20 having a plurality of through holes 30), the hole portion includes an inner wall that includes a first wall (Kawamura; Fig. 12; para [67]; an inner circumferential wall surface 40 a in the tubular housing section 40) and a second wall (Kawamura; Fig. 12; para [76]; The tubular housing section 40 is preferably provided with a hole portion 45), the first wall is inclined with respect to a depth direction of the hole portion by a first angle, and the second wall is inclined with respect to the depth direction by a second angle different from the first angle (Kawamura; Fig. 12; the first wall, interpreted as the inner circumferential wall surface 40 a , is round whereas the second wall, interpreted as the hole portion 45, is rigid both structures extend towards the bottom portion, interpreted as the flange), the first wall has a shape that expands the hole portion from the opening portion toward the bottom portion (Kawamura; Fig. 12; the first wall, interpreted as the inner circumferential wall surface 40 a , extends toward the bottom portion, interpreted as the flange), the second wall has a shape that expands the hole portion from the bottom portion toward the opening portion (Kawamura; Fig. 12; the second wall, interpreted as the hole portion 45, extends toward the bottom portion, interpreted as the flange), and the bottom portion, the opening portion, the first wall, and the second wall are integrally molded (Kawamura; para [52]; The substrate section 20 and the tubular housing section 40 may be formed with different materials but are preferably formed integrally with the same material such as the same resin), the first wall forms a first circumferential region of the inner wall (Kawamura; Image 1), and the second wall forms a second circumferential region of the inner wall (Kawamura; Image 1), and in the first circumferential region, the hole portion narrows toward the opening portion such that the container is supported at an upper part of the hole portion by the inner wall (Kawamura; Image 1; para [74]; the tubular housing section 40 is preferably provided with a projection portion 44 at a portion of the inner circumferential wall surface 40 a ). PNG media_image1.png 668 773 media_image1.png Greyscale Image 1. Annotated Figure 8 of Kawamura. Kawamura does not teach wherein, in the second circumferential region, the hole portion narrows toward the bottom portion such that the container is supported at a lower part of the hole portion by the inner wall, so that the container is supported at the upper part and the lower part of the hole portion and held in a non-tilted manner. However, Narvekar teaches an analogous art of a supporting structure for containers (Narvekar; Abstract) comprising a hole portion that houses a container (Narvekar; para [33]; a plurality of vials in cup-shaped receptacles 13), wherein the hole portion includes a bottom portion (Narvekar; Fig. 1c; examiner interprets the bottom portion to be the bottom surface of the receptacle as seen in Fig. 1c), a first wall has a shape that expands the hole portion from the opening portion toward the bottom portion (Narvekar; para [34]; The cup-shaped receptacles 13 are formed by side walls 15), a second wall has a shape that expands the hole portion from the bottom portion toward the opening portion (Narvekar; Fig. 1c, 1e; para [40]; the axial slots 17 are disposed at equiangular distances along the side walls 15, and are aligned with rectangular recesses formed in the annular retaining protrusions 22; the examiner notes the axial slots are analogous to the hole portion), the second wall forms a second circumferential region of the inner wall (Narvekar; Fig. 1c), wherein, in the second circumferential region, the hole portion narrows toward the bottom portion such that the container is supported at a lower part of the hole portion by the inner wall (Narvekar; Fig. 2d, 2e; para [42]; The upper ends of the resilient webs 18 are slanted at an acute angle of e.g. 15 to 26 degrees relative to the vertical side walls 15 and form slanted insertion surfaces 19). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the second wall to slant inward toward the bottom surface as taught by Narvekar, because Narvekar teaches that the resilient webs centers and prevents rattling of the vials (Narvekar; para [46]). Thus, modified Kawamura teaches the container is supported at the upper part and the lower part of the hole portion and held in a non-tilted manner (Kawamura; para 74; Narvekar; Fig. 2d, 2e). The hole portion of Kawamura, interpreted as the second wall is modified to comprise the resilient webs which narrow towards the bottom as taught by Narvekar secures the lower part of the container, and the protrusion of Kawamura, interpreted as part of the first wall, secures the upper part of the container. Regarding claim 15, modified Kawamura teaches the container holder according to claim 14, wherein a part of an outer shape of the opening portion is formed by the first wall, and a different part from the part of the outer shape is formed by the second wall (Kawamura; Fig. 12). As seen in Fig. 12, the first wall, interpreted as the inner circumferential wall surface 40 a , is round whereas the second wall, interpreted as the hole portion 45, is rigid. Regarding claim 16, modified Kawamura teaches the container holder according to claim 15, wherein the opening portion has a circular shape, and the part of the circular shape is disposed at a position to which the different part of the circular shape is rotated along a circumferential direction of the circular shape having a center of the circular shape as a rotational center (Kawamura; Fig. 12). As seen in Fig. 12, the first wall, interpreted as the inner circumferential wall surface 40 a , is part of the opening portion and circular shape. The “different part” of the circular shape is interpreted as either the hole portion 45 or projection portions 44 as it is rotated along the circumferential direction. Regarding claim 22, modified Kawamura teaches the container holder according to claim 14, wherein the container holder is formed of a resin (Kawamura; para [52]; The substrate section 20 and the tubular housing section 40 may be formed with different materials but are preferably formed integrally with the same material such as the same resin). Response to Arguments Applicant’s arguments filed, 2/26/2026, have been considered and some of the arguments are found to be persuasive. However, those arguments are directed towards the claim amendments. The examiner notes that the previous prior art rejection is withdrawn and a new prior art rejection is applied to address the claim amendments. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin Q Le whose telephone number is (571)272-7556. The examiner can normally be reached Monday - Friday 9am - 5pm. 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, Curtis Mayes can be reached at (571) 272-1234. 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. /A.Q.L./Examiner, Art Unit 1796 /MATTHEW D KRCHA/Primary Examiner, Art Unit 1796 Application/Control Number: 18/273,620 Page 2 Art Unit: 1796 Application/Control Number: 18/273,620 Page 3 Art Unit: 1796 Application/Control Number: 18/273,620 Page 4 Art Unit: 1796 Application/Control Number: 18/273,620 Page 5 Art Unit: 1796 Application/Control Number: 18/273,620 Page 6 Art Unit: 1796 Application/Control Number: 18/273,620 Page 7 Art Unit: 1796 Application/Control Number: 18/273,620 Page 8 Art Unit: 1796
Read full office action

Prosecution Timeline

Jul 21, 2023
Application Filed
May 12, 2025
Non-Final Rejection mailed — §103
Jul 22, 2025
Response Filed
Dec 02, 2025
Final Rejection mailed — §103
Feb 26, 2026
Response after Non-Final Action
Mar 25, 2026
Request for Continued Examination
Mar 28, 2026
Response after Non-Final Action
Jun 05, 2026
Non-Final Rejection mailed — §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
49%
Grant Probability
83%
With Interview (+34.1%)
3y 7m (~8m remaining)
Median Time to Grant
High
PTA Risk
Based on 160 resolved cases by this examiner. Grant probability derived from career allowance rate.

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