Prosecution Insights
Last updated: July 17, 2026
Application No. 18/930,356

TANK HAVING OUTLET POSITIONED IN PROTRUDING CHAMBER BELOW LIQUID STORAGE CHAMBER, AND LIQUID-CONSUMING DEVICE INCLUDING THE SAME

Non-Final OA §102§103
Filed
Oct 29, 2024
Priority
Nov 07, 2023 — JP 2023-190440
Examiner
VO, ANH T N
Art Unit
Tech Center
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1364 granted / 1516 resolved
+30.0% vs TC avg
Minimal +5% lift
Without
With
+4.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
14 currently pending
Career history
1525
Total Applications
across all art units

Statute-Specific Performance

§103
62.0%
+22.0% vs TC avg
§102
26.6%
-13.4% vs TC avg
§112
2.5%
-37.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1516 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Acknowledgement is made of the receipt of Preliminary Amendment filed 08 December 2009. Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement            The references cited on a Form PTO 1449 have been considered. Specification The specification has been checked to the extent necessary to determine the presence of all possible minor errors. However, the applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2, 6, 11, 13-14 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takagi et al. (US Pat. 7,350,909). Takagi et al. disclose in Figures 1-4 an ink cartridge for using in an ink jet printer comprising: Regarding claim 1, a storage chamber (31) for storing liquid (ink) therein (Figure 4); a bottom wall (lower part) extending in a lateral direction crossing an up-down direction, the bottom wall (lower part) having an inner surface including: a flat part (30) extending in the lateral direction and defining a bottom (lower part) of the storage chamber (20) (Figure 4); and a protruding part (36) protruding downward from the flat part (30) and defining an extra space (32) in communication with the storage chamber (20) (Figure 4); a top wall (upper part that has a cap member 35) positioned above the bottom wall (lower part) and extending in the lateral direction (Figures 3-4); a peripheral wall extending in the up-down direction and connecting the bottom wall (lower part) to the top wall (upper part that has a cap member 35) (Figures 3-4); and an outlet (39) for discharging the liquid (ink) in the storage chamber (31), the outlet being positioned in the extra space (32), wherein either one of the bottom wall (lower part) and the top wall (upper part that has a cap member 35) is integrally molded with the peripheral wall to constitute an integrally-molded wall structure (3) having an aperture (40, 41), and a remaining one (38) of the bottom wall (lower part) and the top wall (upper part that has a cap member 35) is liquid-tightly connected to the integrally-molded wall structure (3) while covering the aperture (40, 41) to define the storage chamber (31) (Figures 1-4). Regarding claim 2, wherein the remaining one (38) of the bottom wall (lower part) and the top wall (upper part that has a cap member 35) is liquid-tightly welded to the integrally-molded wall structure (Figures 1-4). Regarding claim 6, wherein the outlet (38) is positioned in the extra space (32) such that the outlet (38) is spaced apart from the protruding part (36) of the inner surface defining the extra space (32) (Figure 4). Regarding claim 11, a sensor (14) configured to detect a level of the liquid stored in the storage chamber (31), the sensor (14) comprising a light-emitting element (14a) configured to emit light; and a light-receiving element (14b) configured to output a first signal when not receiving the light from the light-emitting element (14a) and output a second signal when receiving the light from the light-emitting element (14a), wherein the light-emitting element (14a) is covered by a first cover (60) made of silicone, and wherein the light-receiving element is covered by a second cover made of silicone (Figure 4, paragraph 58). Regarding claim 13, a sensor (14) configured to detect a level of the liquid (ink) stored in the storage chamber (31), the sensor (14) comprising: a pivoting member positioned inside the storage chamber (31); a float (61) provided at one end of the pivoting member; and a detection part (34) provided at another end of the pivoting member, the pivoting member being configured to pivot according to the level of the liquid in the storage chamber (31) (Figure 4, paragraph 55). Regarding claim 14, a sensor (14) configured to detect a level of the liquid stored in the storage chamber (31), the sensor (14) comprising: a light-emitting element (14a) configured to emit light; and a light-receiving element (14b) configured to output a first signal when not receiving the light from the light-emitting element and output a second signal when receiving the light from the light-emitting element (14a), wherein the peripheral wall includes a front wall (unmarked side wall that has a protrusion 34) defining a front end of the storage chamber (31), the front wall having a viewing surface through which the storage chamber (31) is visible, and wherein the light-emitting element and the light-receiving element are covered by a light-shielding member capable of shielding the light emitted from the light-emitting element (Figures 3-4, paragraphs 55-58). Regarding claim 19, a liquid-consuming device (1) comprising: a housing (unmarked house that is covered by dash lines); the tank (3) positioned in an internal space of the housing at one side in a left-right direction orthogonal to the up-down direction; and a head (2) comprising a nozzle (2a) configured to eject the liquid (ink) supplied from the tank (3), the head (2) being positioned in the internal space of the housing at an other side opposite the one side in the left-right direction, the outlet (12) being positioned offset toward the one side from a center of the storage chamber in the left-right direction (Figure 1). Claim 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Igarashi (US Pub. 2015/0360474). Igarashi discloses in Figures 1A-11B an ink tank for using in an ink jet printer comprising: Regarding claim 16, a storage chamber (111B) for storing liquid therein; a top wall (101B, 104) defining a top of the storage chamber (111B) in an up-down direction; a bottom wall (105) positioned below the top wall (101B, 104) and defining a bottom of the storage chamber (111B) in the up-down direction; a peripheral wall defining an end of the storage chamber (111B) in a lateral direction crossing the up-down direction; and an injection opening (112B) penetrating the top wall to allow liquid to be introduced into the storage chamber (111B), wherein the top wall (101B, 104) and the peripheral wall are integrally molded to constitute an integrally-molded wall structure, the bottom wall (105) being liquid-tightly connected to the integrally-molded wall structure to define the storage chamber (111B). Claim Rejections - 35 USC § 103 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. 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. Claims 3-5, 10 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Takagi et al. (US Pat. 7,350,909) in view of Igarashi (US Pub. 2015/0360474). Takagi et al. disclose in Figures 1-4 an ink cartridge for using in an ink jet printer comprising: Regarding claim 4, wherein the top wall (upper part that has a cap member 35) is integrally molded with the peripheral wall to constitute the integrally-molded wall structure (3), wherein the integrally-molded wall structure has an injection opening (38) through which liquid (ink) is to be introduced into the storage chamber (31), and wherein the bottom wall (lower part) is liquid-tightly connected to the integrally-molded wall structure (Figures 1-4). Regarding claim 18, wherein the outlet (38) is positioned frontward of a center of the extra space (32) in the front-rear direction. However, Takagi et al. do not disclose the peripheral wall that includes a front wall defining a front end of the storage chamber, the front wall having: a first mark indicative of a first level of the liquid in the storage chamber in the up-down direction; and a second mark indicative of a second level of the liquid in the storage chamber in the up-down direction, the second level being lower than the first level, and wherein the remaining one of the bottom wall and the top wall is liquid-tightly connected to the integrally-molded wall structure at a position outside of a region between the first mark and the second mark in the up-down direction; wherein the bottom wall is liquid-tightly connected to the integrally-molded wall structure at a position below the second mark in the up-down direction; a second storage chamber for storing liquid therein, wherein the peripheral wall includes a partition wall partitioning the second storage chamber from the storage chamber in a left-right direction orthogonal to the up-down ; and a housing; the tank positioned in an internal space of the housing; and a head comprising a nozzle configured to eject the liquid supplied from the tank, the head being positioned rearward of the tank in the internal space of the housing in a front-rear direction orthogonal to the up-down direction, the outlet being positioned frontward of a center of the storage chamber in the front-rear direction. Igarashi discloses in Figures 1A-11B an ink tank for using in an ink jet printer comprising: Regarding claim 3, wherein the peripheral wall includes a front wall (101) defining a front end of the storage chamber (111B), the front wall (101A) having: a first mark (139B) indicative of a first level of the liquid (ink) in the storage chamber(111B) in the up-down direction; and a second mark (142B) indicative of a second level of the liquid (ink) in the storage chamber (111B) in the up-down direction, the second level (142B) being lower than the first level (139B), and wherein the remaining one of the bottom wall (105) and the top wall (101B, 104) is liquid-tightly connected to the integrally-molded wall structure at a position outside of a region between the first mark (139B) and the second mark (142B) in the up-down direction (Figures 11A-11B). Regarding claim 5, wherein the bottom wall (105) is liquid-tightly connected to the integrally-molded wall structure at a position below the second mark (142B) in the up-down direction (Figures 11A-11B). Regarding claim 10, a second storage chamber (111M) for storing liquid (ink) therein, wherein the peripheral wall includes a partition wall (107) partitioning the second storage chamber (111M) from the storage chamber (111B) in a left-right direction orthogonal to the up-down direction (Figure 9A). Regarding claim 17, a liquid-consuming device (11) comprising: a housing (10); the tank (100) positioned in an internal space of the housing (10); and a head (24) comprising a nozzle (40) configured to eject the liquid (ink) supplied from the tank (100), the head (24) being positioned rearward of the tank (100) in the internal space of the housing (10) in a front-rear direction orthogonal to the up-down direction, the outlet (115) being positioned frontward of a center of the storage chamber (111B) in the front-rear direction (Figure 9A). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Igarashi in the Takagi et al.’s ink jet printer for the purpose of supplying to a liquid consuming section. Citation of Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These prior art references (US Pat. 7,192,128; US Pub. 2017/0282578; US Pub. 2018/0345673) cited in the PTO 892 form show an ink cartridge which is deemed to be relevant to the present invention. These references should be reviewed. Allowable Subject Matter Claim7-8 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. These claims would be allowable because the prior art references of record fail to teach or suggest a tank comprising a top wall that has a through-hole penetrating therethrough, the tank further comprising: an outflow tube extending in the up-down direction and having a bottom end in which the outlet is formed, the outflow tube defining therein an outflow channel in communication with the storage chamber through the outlet, the outflow channel being in communication with the through-hole to allow the liquid to flow from the storage chamber to an outside of the tank through the outlet and the through-hole in the combination as claimed. Claim 9 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. This claim would be allowable because the prior art references of record fail to teach or suggest a tank comprising the inner surface of the bottom wall further includes a sloped part connected to the protruding part, the sloped part sloping relative to a direction orthogonal to the up-down direction such that the sloped part extends diagonally downward toward the extra space in the combination as claimed. Claim 12 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. This claim would be allowable because the prior art references of record fail to teach or suggest a tank comprising a bottom wall that has a first accommodating part that is recessed upward toward the storage chamber and that is open on an outer surface of the bottom wall, the first accommodating part defining therein a first accommodation space in which the light-emitting element is accommodated; and a second accommodating part opposing the first accommodating part, the second accommodating part being recessed upward toward the storage chamber and being open on the outer surface of the bottom wall, the second accommodating part defining therein a second accommodation space in which the light-receiving element is accommodated, wherein the first cover covers the first accommodating part in the storage chamber, and wherein the second cover covers the second accommodating part in the storage chamber in the combination as claimed. Claim 15 is allowed because none of the prior art references of record teaches a tank comprising a top wall that has a through-hole; and an outflow tube positioned in a storage chamber and extending in the up-down direction to have an outlet at a bottom thereof, the outflow tube defining therein an outflow channel in communication with the storage chamber through the outlet, the outflow channel being in communication with an outside of the tank through the through-hole to allow the liquid in the storage chamber to flow to the outside of the tank through the outlet and the through-hole, wherein the bottom wall has an inner surface including: a flat part extending in a lateral direction crossing the up-down direction and defining a bottom of the storage chamber; and a protruding part extending downward from the flat part and defining an extra space in communication with the storage chamber, the outlet being positioned in the extra space in the combination as claimed. CONCLUSION Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Anh Vo whose telephone number is (571) 272-2262. The examiner can normally be reached on Monday to Friday from 9:30 A.M.to 6:00 P.M.. If attempts to reach the examiner by telephone are unsuccessful, the examiner'ssupervisor, Douglas Rodriguez can be reached on (571) 431-0716. The fax phonenumber for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from thePatent Application Information Retrieval (PAIR) system. Status information forpublished applications may be obtained from either Private PAIR or Public PAIR.Status information for unpublished applications is available through Private PAIR only.For more information about the PAIR system, see http://pair-direct.uspto.gov. Shouldyou have questions on access to the Private PAIR system, contact the ElectronicBusiness Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from aUSPTO Customer Service Representative or access to the automated informationsystem, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANH T VO/ Primary Examiner, Art Unit 2853
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Prosecution Timeline

Oct 29, 2024
Application Filed
Jun 09, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
90%
Grant Probability
95%
With Interview (+4.6%)
2y 0m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1516 resolved cases by this examiner. Grant probability derived from career allowance rate.

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