Prosecution Insights
Last updated: October 25, 2026
Application No. 18/293,389

HATCH FOR CAPSULE UNIT

Non-Final OA §103§112
Filed
Mar 06, 2024
Priority
Jul 30, 2021 — JP 2021-126088 +1 more
Examiner
HERRING, BRENT W
Art Unit
3633
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Nine Hours Inc.
OA Round
3 (Non-Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
916 granted / 1327 resolved
+17.0% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
36 currently pending
Career history
1369
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
21.1%
-18.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1327 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/16/26 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 4 recites “the frame member”. However, only frame members (plural) is claimed. It is unclear what is being referenced. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 3-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over JP 6884455 in view of Lehnert et al., US 4,811,538. Regarding claim 1: JP ‘455 discloses a hatch for a capsule unit (refer to Fig. 1), configured to open an close an opening of a sleeping capsule unit, the hatch comprising: a plate-shaped member (100) configured to cover the entire opening (120); and the plate-shaped member (70) including a plate-like core (73) member; an inward-opening mechanism (70a) that movably supports the plate-shaped member (70) between a position in which the plate-shaped member is housed inside the capsule unit and the opening (120) is in an open state (Fig. 2b), and a position at which the plate-shaped member covers the entirety of the opening (refer to Figs. 1 and 2a), and the opening is in a closed state. ‘455 does not expressly disclose wherein the plate-shaped member includes a plurality of frame members provided in a region narrower than the core member when viewed in a direction perpendicular to a plate surface of the core member. Lehnert discloses a door comprising a plate-shaped member (10) including a plate-like core member (28) and a plurality of frame members (16, 36 38) provided in a region narrower than the core member when viewed in a direction perpendicular to a plate surface of the core member. Before the effective filing date of the invention, it would have been obvious to provide a frame as suggested by Lehnert to the hatch construction of ‘455 in order to provide stiffening and reinforcement of the plate shaped member. Regarding claim 3: JP ‘455 discloses wherein the plate-shaped member has a cushioning material (annular gasket 75), the cushioning material provided at a portion corresponding to an edge of the opening when the plate-shaped member covers the entire opening. Regarding claim 4: ‘455 modified in view of Lehnert discloses wherein the inward opening mechanism is a hinge (70a in ‘455) rotatably supporting the plate-shaped member, and the frame member is connected to the hinge (the frame member is about the exterior of the door/hatch). Regarding claim 5: ‘455 discloses wherein the inward opening mechanism (70a) is configured to rotatably support the plate-shaped member about a vertical axis positioned at a lateral side of the opening. Regarding claim 6: ‘455 discloses wherein the inward opening mechanism includes a force applicator (51) that applies to the plate-shaped member a force to move the plate-shaped member in a direction toward a position wherein the plate-shaped member is accommodated inside the capsule unit and the opening is opened, and the plate-shaped member includes a closed state locking member that locks the plate-shaped member with respect to the opening at a position wherein the plate-shaped member covers the entirety of the opening, and the opening is closed. Regarding claim 8: ‘455 discloses wherein the plurality of frame members include frame members extending in first and second directions. Allowable Subject Matter Claim 7 is allowable. Claim 9 is 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. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 9, the most relevant prior art discloses a cushioning material along the edge of a hatch/door. Modifying the prior art to include cushioning material provided over substantially an entirety of an outer surface and an inner surface of the core member would require improper hindsight reasoning and piecemeal reconstruction. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT. 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, Brian Glessner can be reached at (571)272-6754. 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. /BRENT W HERRING/Primary Examiner, Art Unit 3633
Read full office action

Prosecution Timeline

Show 1 earlier event
Mar 06, 2024
Response after Non-Final Action
Sep 29, 2025
Non-Final Rejection mailed — §103, §112
Dec 29, 2025
Response Filed
Jan 16, 2026
Final Rejection mailed — §103, §112
Jun 16, 2026
Response after Non-Final Action
Jul 16, 2026
Request for Continued Examination
Jul 21, 2026
Response after Non-Final Action
Sep 29, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

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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
69%
Grant Probability
86%
With Interview (+16.5%)
2y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1327 resolved cases by this examiner. Grant probability derived from career allowance rate.

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