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 .
Final Rejection
The applicant's amendment of 10/07/2025 necessitated a new ground of rejection as
follows below:
Claim Rejections
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 1, 3-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura (US
Pat. 2015/0375513) in view of Hunt (US Pat. 6,609,789).
Nishimura disclose in Figures 1-6 an ink container (21K) comprising:
Regarding a part of claim 1, a cushioning member (60) comprising:
a first member (70) having a first recess (unmarked first recess that has a number 71)
shaped along a lower portion (71) of an ink-filled ink pack (50) (Figure 4); and
a second member (80) having a second recess (unmarked second recess that has a
number 81) shaped along an upper portion (81) of the ink-field ink pack (50) (Figure 4);
wherein the ink-filled ink pack (50) is stored in a space formed by facing the first recess and the
second recess, and the ink-filled ink pack (50) is attached to an ink supply device (20, 23) in a state where
the ink-filled ink is placed on the first member (70) (Figures 2 and 4).
Regarding claim 3, wherein the first member (70) and the second member (80) can be
joined in a state where the ink pack (50) is stored in the space (Figures 4 and 6).
Regarding a part of claim 4, a first member (70) having a first recess shaped along a
lower portion of an ink-filled ink pack (50); and a second member (80) having a second recess (unmarked
second recess that has a number 81) shaped along an upper portion of the ink-filled ink pack (50), wherein the ink-filled ink pack (50) is stored in a space formed by facing the first recess and the second recess, and the ink-filled ink pack (50) is attached to an ink supply device (20, 23) in a state where the ink-filled ink pack is placed on the first member.
Regarding claim 6, an ink supply device (20, 23) comprising: an attachment part (20)
shaped along an outer surface of the first member (70) of the cushioning member (60) (Figures 4
and 2), and
when the first member (70) on which the ink-filled ink pack (50) is place is attached to the attachment part (20), the pack connection part (55) of the ink-filled ink pack (50) is connected to the ink supply device (20, 23) (Figures 4and 2).
However, Nishimura does not disclose an edge part provided around the first recess and projecting outward in a horizontal direction; an edge part provided around the second recess and projecting outward in a horizontal direction; the edge part of the first member and the edge part of the second member are brought into contact with each other and joined.
Nevertheless, Hunt discloses in Figures 1-2 and 6 an ink cartridge comprising:
Regarding a part of claim 4, an edge part (62) provided around the first recess
(unmarked first recess that contains a number 56) and projecting (62) outward in a horizontal
direction (Figures 1-2); and
an edge part (42) provided around the second recess (unmarked second recess that contains a
number 36) and projecting outward in a horizontal direction (Figures 1-2);
the edge part (62) of the first member (26) and the edge part (42) of the second member (24) are
brought into contact with each other and joined (Figure 1 and 6).
Response to Applicant’s Arguments
The applicant’s arguments with respect to the prior art rejection have been carefully considered but are moot in view of the new grounds of rejection.
Allowable Subject Matter
Claim 5 allowed because none of the prior art references of record teaches a cushioning member for an ink pack including a spout for discharging ink and a pack connection part provided at a tip of the spout and connectable to an ink supply device, the cushioning member comprising a reinforcing rib provided on a lower surface of an edge part, provided around a first recess of a first member, and connecting an outer surface of the first recess and an outer surface of the connection part storage part, and a second member having a second recess shaped along an upper portion of the ink- filled ink pack, an edge part provided around the second recess and projecting outward in a horizontal direction, a spout storage part shaped along an upper portion of the spout, a connection part storage part shaped along an upper portion of the pack connection part, and a reinforcing rib provided on an upper surface of the edge part and connecting an outer surface of the second recess and an outer surface of the connection part storage part, the ink pack is stored in a space formed by facing the first recess and the second recess, and the ink pack is attached to the ink supply device in a state where the ink-filled ink pack is placed on the first member in the combination as claimed.
Claim 7 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 an ink supply device comprising an attachment part shaped along an outer surface of a first member of a cushioning member for an ink pack including a spout for discharging ink and a pack connection part provided at a tip of the spout and connectable to an ink supply device, wherein a pack connection part of an ink-filled ink pack has a convex part and a hole part, and the ink supply device includes a hole part into which a convex part of the ink pack is inserted and a pin which is inserted into the hole part of the ink pack when the first member on which the ink pack is placed is attached to the attachment part in the combination as claimed.
CONCLUSION
Applicant's amendment necessitated the new ground(s) of rejection presented in this
Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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's
supervisor, Douglas Rodriguez can be reached on (571) 431-0716. The fax phone number 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 the Patent
Application Information Retrieval (PAIR) system. Status information for published 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 Should
you have questions on access to the Private PAIR system, contact the Electronic Business Center
(EBC) at 866-217-9197 (toll-free). If you would like assistance from USPTO Customer Service
Representative or access to the automated information system, call 800-786-9199 (IN USA OR
CANADA) or 571-272-1000.
/ANH T VO/Primary Examiner, Art Unit 2853