Prosecution Insights
Last updated: April 17, 2026
Application No. 18/381,954

Spout Fitment With Removable Portion

Non-Final OA §112
Filed
Oct 19, 2023
Examiner
THOMAS, KAREEN KAY
Art Unit
3736
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BERRY GLOBAL, INC.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
94%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
1015 granted / 1323 resolved
+6.7% vs TC avg
Strong +17% interview lift
Without
With
+17.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
30 currently pending
Career history
1353
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
35.2%
-4.8% vs TC avg
§102
37.4%
-2.6% vs TC avg
§112
23.1%
-16.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1323 resolved cases

Office Action

§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 . 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. Claims 4-23 are 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. Claims 4-23 require about. It is not clear how close in parameter, something has to be in order to be considered about. Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 4, the last 5 lines of claim 4 are allowable, in light of the other limitations of claim 4. Regarding claim 12, the last 5 lines of claim 12 are allowable, in light of the other limitations of claim 12. Regarding claim 18, lines 12-21 of claim 18 are allowable, in light of the other limitations of claim 18. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEN KAY THOMAS whose telephone number is (571)270-5611. The examiner can normally be reached 9:00am-5:00pm. 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, Gregory Pickett can be reached on (571) 272-4560. 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. /KAREEN K THOMAS/Primary Examiner, Art Unit 3736
Read full office action

Prosecution Timeline

Oct 19, 2023
Application Filed
Feb 16, 2024
Response after Non-Final Action
Jan 16, 2025
Non-Final Rejection — §112
Aug 05, 2025
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600561
Fluid Storage Tank Including a Flexible Bladder Supported on a Collapsible Rigid Frame
2y 5m to grant Granted Apr 14, 2026
Patent 12600562
Waste Bin Arrangement
2y 5m to grant Granted Apr 14, 2026
Patent 12600556
INSULATING CONTAINER FOR TAKEAWAY PIZZA
2y 5m to grant Granted Apr 14, 2026
Patent 12600530
CAP
2y 5m to grant Granted Apr 14, 2026
Patent 12589915
DISPENSING TAP EQUIPPED WITH FLEXIBLE INTERNAL VALVE
2y 5m to grant Granted Mar 31, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
94%
With Interview (+17.1%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1323 resolved cases by this examiner. Grant probability derived from career allow rate.

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