Prosecution Insights
Last updated: May 29, 2026
Application No. 18/621,797

ROUND BLOW BOTTLE

Non-Final OA §112
Filed
Mar 29, 2024
Priority
Apr 10, 2023 — JP 2023-063351
Examiner
SMALLEY, JAMES N
Art Unit
3733
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Yoshino Kogyosho Co. Ltd.
OA Round
3 (Non-Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
60%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
921 granted / 1310 resolved
At TC average
Minimal -10% lift
Without
With
+-10.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
29 currently pending
Career history
1346
Total Applications
across all art units

Statute-Specific Performance

§103
51.7%
+11.7% vs TC avg
§102
25.1%
-14.9% vs TC avg
§112
19.4%
-20.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1310 resolved cases

Office Action

§112
DETAILED ACTION Continued Examination Under 37 CFR 1.114 1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 24, 2026 has been entered. Claim Rejections - 35 USC § 112 2. The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. 3. Claims 1-2 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1, from which claim 2 depends, Applicant’s amendment directly contradicts that which is in the instant Specification, and thus lacks written support. Applicant’s amendment defines the connecting portion as protruding “outward in the radial direction”. However, the Specification describes lower connecting portion (25) as protruding “inward in the radial direction” (para. [0019]). Examiner notes that there is support for the lower portion (22) “protruding outward in the radial direction” (para. [0019]); however, such is not what is being claimed by amendment. 4. 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. 5. Claims 1-2 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. Regarding claim 1, from which claim 2 depends, it is not clear how the connecting portion protrudes outward in the radial direction. Examiner notes instant Figure 2 whereby it can be seen that moving from element (25) up to (26), no point is located radially outward of any point to the left of it (in other words, no point moving rightward from 25 to 26 has a negative tangential slope). The contour moving from (25) to (26) maintains a positive tangential slope, and thus never truly protrudes radially outward. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm. 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, Nathan Jenness can be reached at (571) 270-5055. 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. /JAMES N SMALLEY/Examiner, Art Unit 3733
Read full office action

Prosecution Timeline

Mar 29, 2024
Application Filed
May 09, 2025
Non-Final Rejection mailed — §112
Jul 25, 2025
Response Filed
Oct 24, 2025
Final Rejection mailed — §112
Dec 18, 2025
Response after Non-Final Action
Feb 24, 2026
Request for Continued Examination
Mar 02, 2026
Response after Non-Final Action
Apr 01, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12637259
CLOSURE
1y 11m to grant Granted May 26, 2026
Patent 12637264
Tethered Flip Closure
1y 8m to grant Granted May 26, 2026
Patent 12637257
Quick Opening and Closing Container Stopper
1y 7m to grant Granted May 26, 2026
Patent 12623819
CHILD-RESISTANT LID FOR A CONTAINER
2y 2m to grant Granted May 12, 2026
Patent 12605000
NON-SPILL DRINKING CONTAINER ASSEMBLY
1y 9m to grant Granted Apr 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
60%
With Interview (-10.1%)
2y 9m (~7m remaining)
Median Time to Grant
High
PTA Risk
Based on 1310 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month