DETAILED ACTION
Allowable Subject Matter
Claim 9 is 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “liquid ejection portion,” “opening/closing member,” liquid collecting portion” in claim 1, “medium support portion,” “storage portion” and “guide portion” in the dependent claims.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-8 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kikkawa et al. (8,770,739).
.
Regarding claim 1, Kikkawa teaches a liquid ejecting apparatus comprising:
a liquid ejecting portion (fig. 1, item 24) that ejects a liquid onto a medium (fig. 1, item 10) which is transported and has an ejection surface (see fig. 1) from which the liquid is ejected and which intersects a horizontal direction (see fig. 1);
a cap (fig. 2, item 92) for maintenance of the liquid ejection portion (cols. 4, 5, lines 62-10);
a transport path (fig. 1, path of item 10) that is disposed upstream of a position facing the liquid ejecting portion and is positioned vertically below the liquid ejecting portion (see fig. 1),
an opening/closing member (fig. 3, item 101/85-87/54/46), that is configured to be opened (fig. 4) and closed (fig. 2) with respect to a side surface of an apparatus body including the liquid ejecting portion (see figs. 1-4), forms the transport path when closed, and at least partially opens the transport path when opened (see figs. 1-4, note transport rollers 85-87), wherein
a liquid collecting portion (fig. 3, item 46) that collects the liquid leaking from the liquid ejecting portion is provided on the opening/closing member at a position vertically below the ejection surface at a printing position (Note that any component vertically below the ejection surface can be said to collect liquid that leaks from the nozzles. As such, the second conveyance guide member 46/45 would overlap the ejecting portion at the printing position. Further, the “opening/closing member” has not been defined in a way so as to preclude the interpretation of item 46 being part of the member and/or “on” the member, as all of the shown components can be said to be on each other, directly or indirectly).
Regarding claim 2, Kikkawa teaches the liquid ejecting apparatus according to claim 1, wherein at least a part of the liquid collecting portion overlaps
Regarding claim 3, Takino in view of Kikkawa teaches the liquid ejecting apparatus according to claim 2, further comprising a medium support portion (fig. 1, item 51) that supports the medium at the position facing the liquid ejecting portion, wherein part of the medium support portion is positioned vertically below the liquid ejecting portion (fig. 1), and
at least a part of the liquid collecting portion overlaps at least a part of the medium support portion
Regarding claim 4, Kikkawa teaches the liquid ejecting apparatus according to claim 1, wherein the transport path includes a path portion that is vertically convex downward, the path portion the medium and inverts the medium upward, and the liquid collecting portion is arranged using an inner region of the path portion (see figs. 1, 3, 4).
Regarding claim 5, Kikkawa teaches the liquid ejecting apparatus according to claim 4, wherein the liquid collecting portion is positioned vertically lower than a downstream end of the path portion (see figs. 1, 3, 4).
Regarding claim 6, Kikkawa teaches the liquid ejecting apparatus according to claim 1, wherein the liquid collecting portion includes a storage portion that stores the liquid and a guide portion that extends outward from the storage portion and guides the liquid to the storage portion (fig. 4, Note that, if second conveyance guide member 64 is taken as the liquid collecting portion, its bottommost extremity would pool leaked ink as a storage portion, and its upward extending arms would guide the ink into the storage portion).
Regarding claim 7, Kikkawa teaches the liquid ejecting apparatus according to claim 6, wherein the liquid collecting portion includes a cover (fig. 4, item 45) that covers the storage portion (Note that 45 “covers” 46. Note that any element that blocks any other element to any degree could be said to “cover” that other element. The claim has not specified that such a covering covers a top of the storage portion).
Regarding claim 8, Kikkawa teaches the liquid ejecting apparatus according to claim 7, wherein the cover has an inclined surface inclined toward the storage portion (fig. 4, Note that cover 45 has inclined surfaces mirroring the bottom of the storage portion, i.e., “toward” the storage portion).
Regarding claim 10, Kikkawa teaches the liquid ejecting apparatus according to claim 6, further comprising a path forming member that forms the transport path, wherein the path forming member has a first portion that forms a part of the transport path and a second portion that receives the liquid and guides the liquid to the guide portion, the second portion has a recess formed at a portion that transfers the liquid to the guide portion, and the guide portion has a rib fitting into the recess (see fig. 4).
Regarding claim 11, Kikkawa teaches the liquid ejecting apparatus according to claim 1, wherein the liquid collecting portion serves as a first liquid collecting portion, and a second liquid collecting portion that collects the liquid leaking from the liquid ejecting portion is provided vertically below the first liquid collecting portion on a lower side of the opening/closing member (see fig. 4, Note that any two portions of second conveyance member 46 meeting the limitations can be said to be a first liquid collecting portion and a second liquid collection portion because “portion” is just that broad).
Regarding claim 12, Kikkawa teaches the liquid ejecting apparatus according to claim 1, wherein the ejection surface intersects both the horizontal direction and a vertical direction (see fig. 1).
Response to Arguments
Applicant's arguments filed 1/1/2026 have been fully considered but they are not persuasive. The claims have been amended to further specify the structure of the device, but the amendments fail to distinguish the claimed invention from the prior art. The rejections above have been updated to reflect the changes to the claims. The standing prior art rejection is maintained.
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.
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/ALEJANDRO VALENCIA/Primary Examiner, Art Unit 2853