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 .
Response to Arguments
In view of the amendment to the title, the objection to the specification is withdrawn.
In view of the amendment to at least claims 21, 35, 38 and 39, the double patenting rejection is withdrawn.
In view of the amendment to claim 35, the 35 USC 112(a) and 35 USC 112(b) rejection is withdrawn.
In view of the amendment to claim 21, the 35 USC 112(b) rejection is withdrawn.
Applicant’s arguments with respect to claim(s) 21-39 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The Examiner notes the applicant does not explicitly discuss any previously applied prior art regarding its lack of teaching of presently amended limitations.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/27/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claims 21, 24, 26, 38 and 39 recites “effectively set.”
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 23 and 24 is/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.
Claim 23 recites “… wherein the prescribed notification is a notification to display a screen to notify a user that printing by using the color represented by use of at least the specific color ink is infeasible.” It is indefinite as to the application of this limitation. According to claim 21, from which claim 23 depends, two contingency conditions exist: 1) an object is not present though RGB values have been set for which a notification execution occurs to the user or 2) the object is present and RGB values have been set and no notification execution is required. How would the limitation of claim 23 be executed or enacted in view of the contingency 2) above (contingency 1) does not apply)?
Claim 24 recites “… wherein, even though the first setting is effectively set, a different notification from the prescribed notification is executed on the grounds that a width of a prescribed object being included in the print data and corresponding to the first RGB values is smaller than a prescribed value.” It is unclear and indefinite as to how this claim is applied in relation to the limitations of claim 21 from which it depends. According to claim 21, from which claim 23 depends, two contingency conditions exist: 1) an object is not present though RGB values have been set for which a notification execution occurs to the user or 2) the object is present and RGB values have been set and no notification execution is required. Which contingency of claim 21 is this dependent claim directed to? Is the object considered present when its below a prescribed value? If so, what is the intended effect of the claim portion underlined above? For purposes of examination, the Examiner interprets claim 24 to be related to contingency 2) above since an object identified by RGB values is present and the first setting has been set.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21-23, 33-36, 38 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunimi et al., (US Pub No. 20200081669) in view of Tastl et al., (US Pub No. 20180018545).
Claim 21: Kunimi discloses a non-transitory computer-readable storage medium storing a prescribed program to be executed by a computer to perform a method of controlling a control apparatus [Abstract], comprising:
determining whether a first setting is effectively set, the first setting being to print a first print region corresponding to first RGB values in a print data by using a first color represented by use of at least a specific color ink being an ink of a color other than a process color [the user can enable the special color by selecting “enable” from either “enable” or “disable” of selection buttons 601 on the special color settings screen 600 as illustrated in FIG. 6 … the user uses an application to create a character, a graphic, etc., to be printed in the special color such as IR toner by designating a certain RGB value, input the RGB value in the RGB value settings field 602 in the special color settings screen 600, p0086-0087],
executing, in a case where it is determined that the print data does not include an object to which the first RGB values are set even though the first setting is effectively set, a prescribed notification, wherein the prescribed notification is a notification including a message indicating that the print data does not include the object to which the first RGB values corresponding to the effectively set first setting are set [NOTE: this is a contingency limitation. When the “in a case” does not happen, then the remainder of the contingency does not happen either. The primary reference includes sufficient structure to perform the function should the “case” occur. See MPEP 2111.04(II)];
not executing, in a case where it is determined that the first setting is being activated and the print data includes the object to which the first RGB values are set, the prescribed notification [In response, the special color settings information generating unit 422 of the information processing apparatus 110 generates the special color settings information 701 as illustrated in FIG. 7, for example. The generated special color settings information 701 is added to the print data 700 generated by the print data generating unit 421 and transmitted to the image forming apparatus 120, p0088 – NOTE: no notification condition needs to be executed because the tenants of the limitation are present.]; and
displaying a preview image based on the print data.
Kunimi does not appear to disclose a preview image based on the print data.
Tastl discloses in a related system from the same field of endeavor [Abstract] displaying a preview image based on print data [the proof engine 108 may comprise a processor resource to convert the print-ready data to a soft-proof file using the ripped data, the job definition, and the ticket template, p0022].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kunimi the support to display a content to be printed based on print data as disclosed by Tastl because using the print-ready data (e.g., the actual ripped data to be used for production), the soft-proof file may, for example, avoid errors in soft-proofing (such as color conversion errors) by avoiding RIP simulation to create the soft-proof file as discussed by Tastl in at least paragraph 0022.
Claim 22: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 21, wherein the prescribed notification is a notification to display a screen to notify a user that the print data does not include the object corresponding to the first RGB values [NOTE: this is a contingency limitation. When the “in a case” does not happen (this contingency in claim 21 was not present), then the remainder of the contingency and any depending therefrom are not executed either. See MPEP 2111.04(II)].
Claim 23: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 21, wherein the prescribed notification is a notification to display a screen to notify a user that printing by using the color represented by use of at least the specific color ink is infeasible [NOTE: this is a contingency limitation. When the necessary contingency does not happen, then the remainder of the contingency does not happen either. The primary reference includes sufficient structure to perform the function should the “case” occur. See MPEP 2111.04(II)].
Claim 33: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 21.
Kunimi discloses wherein the first color is any of a color represented by using the specific color ink only or a color represented by using both the specific color ink and a process color ink [IR toner printing is an example of invisible printing in which an invisible pattern that is difficult to recognize visually is printed. However, invisible printing is not limited to the use of IR toner, and, for example, printing may be performed using a special toner, ink or the like that becomes visible upon by irradiation with ultraviolet light or black light, p0029].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included support in Kunimi in view of Tastl wherein the first color is any of a color represented by using the specific color ink only as disclosed by Kunimi because it allows the user an easy means to utilize a specific colorant for their printed result.
Claim 34: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 21, wherein activation of the first setting is executed by a printer driver different from the prescribed program [the information processing apparatus 110, by executing the printer driver, displays a special color settings screen for setting red, green and blue (RGB) value of drawing data to be printed in the special color such as IR toner, included in print data to be transmitted to the image forming apparatus 120, p0033].
Claim 35: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 21.
Kunimi does not appear to disclose wherein the content to be printed based on the print data is displayed without executing the prescribed notification in at least any of a case where the first setting is not activated [In response, the special color settings information generating unit 422 of the information processing apparatus 110 generates the special color settings information 701 as illustrated in FIG. 7, for example. The generated special color settings information 701 is added to the print data 700 generated by the print data generating unit 421 and transmitted to the image forming apparatus 120, p0088 – NOTE: no notification condition needs to be executed because the tenants of the limitation are present.].
Tastl discloses wherein the content to be printed based on the print data is displayed without executing the prescribed notification in at least any of a case where the first setting is not activated [the proof engine 108 may comprise a processor resource to convert the print-ready data to a soft-proof file using the ripped data, the job definition, and the ticket template, p0022 – NOTE: no notification condition needs to be executed because the tenants of the limitation are present].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kunimi in view of Tastl to further support to display the content to be printed based on the print data is displayed without executing the prescribed notification in at least any of a case where the first setting is not activated and a case where the print data does not fulfill the prescribed condition even though the first setting is activated as disclosed by Tastl because using the print-ready data (e.g., the actual ripped data to be used for production), the soft-proof file may, for example, avoid errors in soft-proofing (such as color conversion errors) by avoiding RIP simulation to create the soft-proof file as discussed by Tastl in at least paragraph 0022.
Claim 36: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 35, wherein the case where the first setting is not activated is a case of activating a setting to print the first print region by using a different color from the first color, the different color being represented by using a process color ink and without using the specific color ink [when the image forming apparatus 120 can load four color toners of C, M, Y, and K, the standard printing unit 431 performs the color printing using three color toners of C, M, and Y or the monochrome printing … when the print data received from the information processing apparatus 110 does not include the special color settings information indicating the RGB value to be printed in the special color, the printing control unit 433 sends the print data to the standard printing unit 431 to perform standard printing, p0067 & p0072].
Claims 38 & 39: the method and apparatus herein have been executed or performed by the program of claim 21 and are therefore likewise rejected.
Claim(s) 24 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunimi et al., (US Pub No. 20200081669) and in view of Tastl et al., (US Pub No. 20180018545) and in further view of Tonouchi (US Pub No. 20180200958).
Claim 24: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 21.
Neither Kunimi nor Tastl appear to disclose wherein, even though the first setting is being activated, a different notification from the prescribed notification is executed on the grounds that a width of a prescribed object being included in the print data and corresponding to the first RGB values is smaller than a prescribed value.
Tonouchi discloses in a related system [Abstract] a different notification from the prescribed notification is executed on the grounds that a width of a prescribed object being included in the print data is smaller than a prescribed value [if a thin-line region is detected at step S208, the CPU 30A executes the process shown in step S216 to display a warning picture to a user and thereby warn the user that the thin-line region (expected trouble) has been detected … e.g., A user sets a threshold thin-line width for detection of a thin-line region. The thin-line width set value is converted into a threshold pixel number. For example, a thin-line width set value “0.2 mm” is converted into a threshold pixel number “1”, p0147 & p0151 – The Examiner notes that Tonouchi does not exclude any region or color and would therefore necessarily include regions of the first RGB values].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included support in Kunimi in view of Tastl the support for displaying a different notification from the prescribed notification is executed on the grounds that a width of a prescribed object being included in the print data is smaller than a prescribed value (necessarily also include regions of the first RGB values) as disclosed by Tonouchi because it alerts the user of the problem before continuing with processing.
Claim 25: Kunimi in view of Tastl and Tonouchi discloses the non-transitory computer-readable storage medium according to claim 24.
Neither Kunimi nor Tastl appear to explicitly disclose wherein the different notification is a notification to display a screen to notify a user that the prescribed object being small in width is included in the print data.
Tonouchi discloses wherein the different notification is a notification to display a screen to notify a user that the prescribed object being small in width is included in the print data [if a thin-line region is detected at step S208, the CPU 30A executes the process shown in step S216 to display a warning picture to a user and thereby warn the user that the thin-line region (expected trouble) has been detected, p0147 & p0151].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included support in Kunimi in view of Tastl the support for displaying the different notification is a notification to display a screen to notify a user that the prescribed object being small in width is included in the print data as disclosed by Tonouchi because it alerts the user of the problem before proceeding with processing.
Claim(s) 28 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunimi et al., (US Pub No. 20200081669) in view of Tastl et al., (US Pub No. 20180018545) and in further view Tonouchi (US Pub No. 20180200958) and Matsuzaki et al., (US Pub No. 20060044591).
Claim 28: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 21.
Neither Kunimi nor Tastl appear to explicitly disclose wherein the content to be printed based on the print data is controlled to be displayed at a display magnification based on a prescribed object on grounds that a width of the prescribed object being included in the print data and corresponding to the first RGB values is smaller than a prescribed value.
Tonouchi discloses in a related system [Abstract] wherein the content to be printed based on the print data is controlled to be displayed at a display magnification based on a prescribed object on grounds that a width of the prescribed object being included in the print data and corresponding to the first RGB values is smaller than a prescribed value [if a thin-line region is detected at step S208, the CPU 30A executes the process shown in step S216 to display a warning picture to a user and thereby warn the user that the thin-line region (expected trouble) has been detected … e.g., A user sets a threshold thin-line width for detection of a thin-line region. The thin-line width set value is converted into a threshold pixel number. For example, a thin-line width set value “0.2 mm” is converted into a threshold pixel number “1”, p0147 & p0151 – The Examiner notes that Tonouchi does not exclude any region or color and would therefore necessarily include regions of the first RGB values].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included support in Kunimi in view of Tastl the support for wherein the content to be printed based on the print data is controlled to be displayed based on a prescribed object on grounds that a width of the prescribed object being included in the print data and corresponding to the first RGB values is smaller than a prescribed value (necessarily also include regions of the first RGB values) as disclosed by Tonouchi because it alerts the user of the problem before continuing with processing.
Tonouchi does not explicitly disclose at a display magnification.
Matsuzaki discloses in a related system from the same field of endeavor [Abstract] wherein the content to be printed based on the print data is controlled to be displayed at a display magnification when a printing data area is problematic [e.g., region to be warned is a region for which the printing result may have a problem (e.g., region including a character having an excessively small size or a font that cannot be outputted), for example … When the prepared preview image is displayed in Step S308 of FIG. 3, some users desire to enlarge a problematic part in the displayed image. In such a case, the data prior to the resolution conversion processing that was stored as described above (Step S605) is used to prepare an enlarged image of the part. When displaying such an image, the entire image may be enlarged or only a part of the image selected by the user also may be enlarged. Alternatively, only the marked region to be warned specified by the user also may be enlarged, p0046 & p0073].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included support in Kunimi in view of Tastl and Tonouchi the support wherein the content to be printed based on the print data is controlled to be displayed at a display magnification based on a prescribed object being too small as taught by Matsuzaki because it allows the user to recognize the problem before expending resources as discussed by Matsuzaki in at least paragraph 0016.
Claim 29: Kunimi in view of Tastl, Tonouchi and Matsuzaki discloses the non-transitory computer-readable storage medium according to claim 28
Neither Kunimi nor Tastl appear to disclose wherein a setting screen is displayed to enable a user to set the prescribed value.
Tonouchi discloses a setting screen is displayed to enable a user to set the prescribed value [as shown in Figure 14, p0150].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included support in Kunimi in view of Tastl, Tonouchi and Matsuzaki wherein a setting screen is displayed to enable a user to set the prescribed value as disclosed by Tonouchi because it allows the user to customize image data thresholds for processing as well as allowing recognition of the user when an issue may be present that could affect output as discussed by Tonouchi in at least paragraph 0148.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunimi et al., (US Pub No. 20200081669) and in view of Tastl et al., (US Pub No. 20180018545) and in further view of Lin et al., (US Patent 9706085).
Claim 32: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 21.
Kunimi discloses wherein the specific color ink is at least one of a fluorescent pink ink, an orange ink, a violet ink, and a green ink [the user uses an application to create a character, a graphic, etc., to be printed in the special color such as IR toner by designating a certain RGB value … printing may be performed using a special color such as fluorescent color, gold color, silver color, etc., that cannot be obtained with ordinary color toner … the special color settings screen may display colors such as black, cyan, magenta, yellow, red, green, blue, white, etc., and acquire an RGB value of a selected color, p0087 & p0109].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included support in Kunimi in view of Tastl the option to include the specific color ink as taught by Kunimi because it permits the user the ability to utilize an expanded color gamut.
Kunimi nor Tastl appear to explicitly disclose at least one of a fluorescent pink ink, an orange ink, a violet ink, and a green ink.
Lin discloses in a related system from the same field of endeavor [Abstract] utilizing process and non-process colorants to include at least one of a fluorescent pink ink, an orange ink, a violet ink, and a green ink [for extended gamut color modes (e.g., CMYK+Orange, CMYK+Blue, CMYK+Green), selections on the graphical user interface 500 are available for defining the destination profile to be used for CMYK and CMYK+extended color output … a larger number of marking engines 600 can be used for generating extended colorant set images which typically include these four process-color colorant separations (CMYKX) plus one or more additional color separations such as green, orange, violet, red, blue, white, varnish, light cyan, light magenta, gray, dark yellow, metallics, and so forth, col. 13 line 32 – col. 14 line 20 & col. 15 lines 26-32].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included support in Kunimi in view of Tastl the support to further include wherein the specific color ink is least one of a fluorescent pink ink, an orange ink, a violet ink, and a green ink as taught by Lin because enables users to specify the colorants and associated destination profile for each object type within an extended gamut mode as discussed by Lin in at least cols. 1 & 2.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunimi et al., (US Pub No. 20200081669) and in view of Tastl et al., (US Pub No. 20180018545) and in further view of Guay (US Pub No. 20100123911).
Claim 37: Kunimi in view of Tastl discloses the non-transitory computer-readable storage medium according to claim 21.
Kunimi does not appear to disclose wherein the content to be printed based on the print data in a state where the first setting is activated and the content to be printed based on the print data in a state where the first setting is not activated are switchably displayed.
Tastl discloses wherein the content to be printed based on the print data in a state where the first setting is activated and the content to be printed based on the print data in a state where the first setting is not activated are switchably displayed [As an example, the print-ready data may contain only CMYK content, which may be directly encoded for TIFF, PDF, or JPEG file formats, and for PNG file formats the color information can be converted into RGB using an ICC CMYK profile from the ticket template. For another example, the print-ready data may contain CMYK content plus spot color information and production may use customized inks so that the spot colors may be replaced by production values that correspond to color measurements of printed spot colors and the production values can be converted into CMYK or RGB values for the soft-proof file. In some examples, functionalities described herein in relation to any of FIGS. 1-3 may be provided in combination with functionalities described herein in relation to any of FIGS. 4-7, p0023].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kunimi in view of Tastl the support wherein the content to be printed based on the print data in a state where the first setting is activated and the content to be printed based on the print data in a state where the first setting is not activated as further disclosed by Tastl because it allows the user to evaluate the differences prior to expending resources.
Tastl does not appear to explicitly disclose where the content is are switchably displayed.
Guay discloses in a related system from the same field of endeavor [Abstract] wherein the content to be printed based on the print data in a state where the first setting is activated and the content to be printed based on the print data in a state where the first setting is not activated are switchably displayed [The user may change the preview image 61 by selecting a different color scheme icon 74, 76, 78 and 80. Thus, for example, a user previewing an image as it will appear when printed using Default color scheme 74, as shown in FIG. 8, may preview the image as it will appear when printed using the Photo color scheme 76 simply by clicking on the camera icon 76 in color scheme menu 72. In direct response to selecting a different color scheme, Photo scheme 76 in this example, color management programming 42 automatically re-runs print and preview color transforms 52 and 58 using print source profile 44.sub.photo to generate the preview image 61 shown in FIG. 9. Similarly, a user wishing to preview an image as it will appear when printed with a different printer may select another printer from printer menu 70 and, in direct response to selecting the printer, color management programming 42 automatically re-runs print and preview color transforms 52 and 58 using print destination and preview source profiles 46 and 48 associated with the newly selected printer, p0027].
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have included in Kunimi in view of Tastl the support wherein the content to be printed based on the print data in a state where the first setting is activated and the content to be printed based on the print data in a state where the first setting is not activated are switchably displayed as disclosed by Guay because it allows the user to decide the most favorable appearance of a page before expending resources having it printed.
Allowable Subject Matter
Claims 26, 27, 30 and 31 are 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 as previously indicated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shibamori, US Patent No. 12069221, discloses an apparatus capable of inhibiting a spot color printing result from coming out not as intended by a user.
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).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARBARA D REINIER whose telephone number is (571)270-5082. The examiner can normally be reached M-Tu 10am - 6pm.
Examiner interviews are available via telephone 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, Benny Tieu can be reached at 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BARBARA D REINIER/Primary Examiner, Art Unit 2682
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