Prosecution Insights
Last updated: May 29, 2026
Application No. 18/472,827

PRINTING CASSETTE INCLUDING GUIDE CASE HAVING ENGAGEMENT SURFACE PROTRUDING FROM SIDE SURFACE, AND PRINTING DEVICE USING THE SAME

Final Rejection §103
Filed
Sep 22, 2023
Priority
Mar 24, 2021 — JP 2021-050351 +1 more
Examiner
MCMILLION, TRACEY M
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
3 (Final)
88%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
549 granted / 627 resolved
+19.6% vs TC avg
Minimal +2% lift
Without
With
+2.4%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
25 currently pending
Career history
659
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
84.3%
+44.3% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
2.5%
-37.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 627 resolved cases

Office Action

§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 Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive. IN response to Applicant’s argument that there is no suggestion to combine the references, the Examiner recognizes that references cannot be arbitrarily combined and that there must be some reason why one skilled in the art would be motivated to make the proposed combination of primary and secondary references. In re Nomiya, 184 USPQ 607 (CCPA 1975). However, there is no requirement that a motivation to make the modification be expressly articulated. The test for combining references is what the combination of disclosures taken as a whole would suggest to one of ordinary skill in the art. In re McLaughlin, 170 USPQ 209 (CCPA 1971) references are evaluated by what they suggest to one versed in the art, rather than by their specific disclosures. In re Bozek, 163 USPQ 545 (CCPA 1969). In this case, the structure features of Ukai teaches a printing cassette to be accommodated within a cassette accommodating portion. The structure features of Murata teaches engaged portions engaging with engaging portions. There is clear motivation, with a reasonable expectation of success, to implement Murata’s engaging portion in the cassette accommodating portion and an engagement surface engageable with the first engaging portion, yielding the claimed structure to be in a storing state wherein the cassette is loaded in the loading portion securely Under section 103, the combination renders claim 1 obvious in view of Ukai and Murata. 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) 1-6, 8-9 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ukai (JP 2020168722) and further in view of Murata (US 2009/0196669). With regard to claim 1, Ukai discloses a printing cassette (10) attachable to a printer body [Para. 0023; Fig. 20] including a cassette accommodating portion (112) [Para. 0047], the printing cassette comprising: a printing tape roll (26) configured of a printing tape (22) [Para. 0049]; and a guide case (16) [third case member; Para. 0045] arranged at a position different from a position of the printing tape roll in a first direction [vertical direction; Para. 0081] parallel to an axial direction of the printing tape roll [Figs. 3, 19], the guide case having: a guide portion (not labeled) configured to guide the printing tape paid out from the printing tape roll; a first side surface (16a) overlapped with the guide portion in a direction perpendicular to the first direction. Ukai does not disclose a first engaging portion provided in the cassette accommodating portion; and a first engagement surface engageable with the first engaging portion, the first engagement surface extending from the first side surface and crossing the first side surface. However, Murata teaches a first engaging portion (K2) provided in the cassette accommodating portion; a first engagement surface (V1) engageable with the first engaging portion [Fig. 26], the first engagement surface extending from the first side surface and crossing the first side surface. [Fig. 21] 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 cassette accommodating portion of Ukai with a first engaging portion engaging a first engagement surface and configure the printing cassette with a first engagement surface in order to accurately set inside the cassette accommodating portion. With regard to claim 2, Ukai's modified printing cassette discloses all the limitations of claim 1 and Ukai also discloses wherein the guide case further has: a second side surface (16c) [Para. 0016] overlapped with the guide portion in the direction perpendicular to the first direction [Fig. 14]; and Murata also disclose a second engagement surface (V2) engageable with the second engaging portion [Fig. 26], wherein at least a part of the second side surface is at a position the same as a position of the first side surface in the first direction [Fig. 21], and Murata also discloses wherein the second engagement surface extends from a second side surface and crosses the second side surface [Fig 23]. Ukai does not disclose wherein the cassette accommodating portion is further provided with a second engaging portion. However, Murata teaches the cassette accommodating portion is further provided with a second engaging portion (K2) [Fig. 25]. 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 cassette accommodating portion of Ukai with a second engagement portion engaging a second engagement surface and configure the printing cassette with a second engagement surface in order to accurately set inside the cassette accommodating portion. With regard to claim 3, Ukai's modified printing cassette discloses all the limitations of claim 2, and Ukai modified also discloses wherein a first imaginary straight line is defined in the printing cassette, the first imaginary straight line passing through the first engagement surface and the second engagement surface and being overlapped with the printing tape roll as viewed in the first direction. With regard to claim 4, Ukai's modified printing cassette discloses all the limitations of claim 3, and Ukai modified also discloses wherein a second imaginary straight line is defined in the printing cassette, the second imaginary straight line passing through a geometric centroid of the first engagement surface and a geometric centroid of the second engagement surface and being overlapped with the printing tape roll as viewed in the first direction. With regard to claim 5, Ukai's modified printing cassette discloses all the limitations of claim 3 and Ukai also discloses further comprising an auxiliary tape roll (72) [Para. 0030] configured of an auxiliary tape (68) [Fig. 0032] to be used for printing on the printing tape [Para. 0023], wherein the auxiliary tape roll is accommodated in the guide case [Fig. 17], and wherein the first imaginary straight line is overlapped with the auxiliary tape roll as viewed in the first direction [Fig. 17]. With regard to claim 6, Ukai's modified printing cassette discloses all the limitations of claim 3, and Ukai also discloses wherein the guide case further comprises a first abutment portion, a second abutment portion, and a third abutment portion each configured to abut on the printer body in the first direction in a state where the guide case is accommodated in the cassette accommodating portion [Fig. 19], wherein the first abutment portion, the second abutment portion, and the third abutment portion are positioned to be spaced away from each other [Fig. 19], and wherein an imaginary triangle is defined in the printing cassette, the imaginary triangle being defined by three vertexes included respectively in the first abutment portion, the second abutment portion, and the third abutment portion and being overlapped with the first imaginary straight line as viewed in the first direction [Fig. 19]. With regard to claim 8, Ukai's modified printing cassette according to claim 2, wherein the guide case further comprises a discharge portion (130) [Fig. 19] through which the printing tape is to be discharged to an outside of the guide case, and Murata discloses wherein the first side surface faces the second side surface in a discharging direction of the printing tape at the discharge portion [Fig. 17]. With regard to claim 9, Ukai's modified printing cassette discloses all the limitations of claim 2, and Murata also discloses wherein at least a part of the first engagement surface is at a position the same as the position of the second engagement surface in the first direction [Fig. 21]. With regard to claim 11, Ukai's modified printing cassette discloses all the limitations of claim 1, and Murata also discloses wherein the first engagement surface protrudes outward of the guide case from the first side surface [Fig. 21]. With regard to claim 12, Ukai's modified printing cassette discloses all the limitations of claim 1, and further comprising an auxiliary tape roll (72) [ink ribbon roll; Para. 0030] configured of an auxiliary tape (68) [Para. 0032] to be used for printing on the printing tape, wherein the auxiliary tape roll is accommodated in the guide case [Fig. 17], and wherein the printing tape roll, the first engagement surface, and the auxiliary tape roll are arranged in the first direction in an order of the printing tape roll, the first engagement surface, and the auxiliary tape roll [Fig. 3]. With regard to claim 13, Ukai's modified printing cassette discloses all the limitations of claim 1, and Ukai also discloses wherein the first engagement surface faces in a direction opposite a direction of insertion of the guide case into the cassette accommodating portion [Figs. 17 & 20]. With regard to claim 14, Ukai's modified printing cassette discloses all the limitations of claim 13, and Ukai also discloses wherein the first engagement surface is a flat plane perpendicular to the direction of insertion [Figs. 17 & 20]. With regard to claim 15, Ukai's modified printing cassette discloses all the limitations of claim 1, and further comprising: an auxiliary tape roll (72) [ink ribbon roll; Para. 0030] configured of an auxiliary tape (68) [Para. 0032] to be used for printing on the printing tape; and a spool (70) [supply spool; Para. 0035] over which the auxiliary tape is to be wound, wherein the auxiliary tape roll and the spool are accommodated in the guide case [Fig. 17], wherein the guide case comprises a wall section (18) rotatably supporting the spool [Fig. 3], and wherein at least a part of the first engagement surface is at a position the same as a position of the wall section in the first direction [Fig. 3]. With regard to claim 16, Ukai's modified printing cassette discloses all the limitations of claim 1 and Ukai also discloses a printing device (102) comprising: a printer body [Fig. ] a cassette accommodating portion (112) [Para. 0047] provided with a first engaging portion (K1) as disclosed by Murata. Allowable Subject Matter Claims 7 and 10 are 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. Claim 7 is objected to because the prior art does not teach or make obvious "wherein the imaginary triangle has a center of gravity that is overlapped with the first imaginary straight line as viewed in the first direction." Claim 10, is objected to because the prior art does not teach or make obvious "wherein the cassette accommodating portion is further provided with a third engaging portion, wherein the guide case further has a third engagement surface engageable with the third engaging portion, and wherein the third engagement surface extends from the second side surface and crosses the second side surface." Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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 /RICARDO I MAGALLANES/Supervisor Patent Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Sep 22, 2023
Application Filed
Jun 13, 2025
Non-Final Rejection mailed — §103
Sep 15, 2025
Response Filed
Nov 28, 2025
Non-Final Rejection mailed — §103
Mar 02, 2026
Response Filed
Apr 21, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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1y 7m to grant Granted May 19, 2026
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LIQUID SUPPLY APPARATUS AND LIQUID APPLICATION APPARATUS
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
88%
Grant Probability
90%
With Interview (+2.4%)
1y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 627 resolved cases by this examiner. Grant probability derived from career allowance rate.

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