Prosecution Insights
Last updated: October 04, 2026
Application No. 19/232,346

MEASURING CONTAINER

Non-Final OA §102
Filed
Jun 09, 2025
Priority
Apr 23, 2019 — JP 2019-081980 +3 more
Examiner
KUMAR, RAKESH
Art Unit
Tech Center
Assignee
Nippon Shinyaku Co., Ltd.
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
1y 7m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
585 granted / 1023 resolved
-2.8% vs TC avg
Strong +28% interview lift
Without
With
+28.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
42 currently pending
Career history
1072
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
53.0%
+13.0% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
26.4%
-13.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1023 resolved cases

Office Action

§102
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 § 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)(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 8-17 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Dalpian (US 2014/0339250 A1). Referring to claim 8. Dalpian discloses a measuring container (400; Figure 7) for dispensing a plurality of predetermined contents (8; Figure 7), comprising: a storage container (container 400) including storage sections (article containing section of 310D) each configured to store the plurality of predetermined contents; and a storage section selector including a take-out path (through the top of 300; Figure 5) which selectively connects one of the storage sections to an outside of the measuring container (through opening 444; Figure 8); wherein: each of the storage sections (article containing section of 310D) extends in an axial direction parallel to a central axis (direction of central axis through member 446; Figure 8) and the storage sections (article containing section of 310D) are arranged in a circumferential direction around the central axis (see Figure 6); the storage container (container 400) includes an outer cylinder (cylinder 310; Figure 6) and an inner cylinder (cylinder 300; Figure 5), the inner cylinder (cylinder 300; Figure 5) being disposed radially inward from the outer cylinder (cylinder 310; Figure 6) and detachably attached to the outer cylinder (the inner cylinder 300 can be removed from 310); and a part (342) of the outer cylinder (cylinder 310; Figure 6) and a part (302) of the inner cylinder (cylinder 300; Figure 5) configure the storage sections (article containing section of 310D; see Figure 6). Referring to claims 9 and 15. Dalpian discloses a measuring container (400; Figure 7) for dispensing a plurality of predetermined contents (8; Figure 7), wherein: the outer cylinder (cylinder 310; Figure 6) includes a plurality of ribs (342) each protruding radially inward from a radially inner surface of the outer cylinder (protruding from the inner surface of cylinder 310; Figure 6) and extending in the axial direction (direction of central axis through member 446; Figure 8); and the plurality of ribs (342) and the part (302) of the inner cylinder (cylinder 300; Figure 5) engage with each other and configure the storage sections (article containing section of 310D; see Figure 6). Referring to claims 10 and 16. Dalpian discloses a measuring container (400; Figure 7) for dispensing a plurality of predetermined contents (8; Figure 7), wherein the plurality of ribs (342) and the part (302) of the inner cylinder (cylinder 300; Figure 5) engage with each other to restrict rotation of the outer cylinder (cylinder 310; Figure 6) in the circumferential direction with respect to the inner cylinder (the outer and the inner cylinders are locked in place; Figure 6). Referring to claims 11,14 and 17. Dalpian discloses a measuring container (400; Figure 7) for dispensing a plurality of predetermined contents (8; Figure 7), wherein the plurality of ribs (342) is configured to slide in the part (302) of the inner cylinder (cylinder 300; Figure 5) in the axial direction (member 300 slides into housing 310; Figure 6). Referring to claim 12. Dalpian discloses a measuring container (400; Figure 7) for dispensing a plurality of predetermined contents (8; Figure 7), wherein: the inner cylinder (cylinder 300; Figure 5) includes a plurality of grooves (342) extending in the axial direction (direction of central axis through member 446; Figure 8); and the part (302) of the outer cylinder (cylinder 310; Figure 6) and the plurality of grooves (342) engage with each other and configure the storage sections (article containing section of 310D; see Figure 6). Referring to claim 13. Dalpian discloses a measuring container (400; Figure 7) for dispensing a plurality of predetermined contents (8; Figure 7), wherein: the part of the outer cylinder (342) and the plurality of grooves (302) engage with each other to restrict rotation of the outer cylinder (cylinder 310; Figure 6) in the circumferential direction with respect to the inner cylinder (the outer and the inner cylinders are locked in place; Figure 6). Referring to claim 14. Dalpian discloses a measuring container (400; Figure 7) for dispensing a plurality of predetermined contents (8; Figure 7), wherein: 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 RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM 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, Gene Crawford can be reached at (571) 272-6911. 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. /RAKESH KUMAR/Primary Examiner, Art Unit 3651
Read full office action

Prosecution Timeline

Jun 09, 2025
Application Filed
Aug 24, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
57%
Grant Probability
85%
With Interview (+28.2%)
2y 11m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1023 resolved cases by this examiner. Grant probability derived from career allowance rate.

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