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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 05/08/2026 has been entered.
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.
Claims 1, 6, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi (US 2019/0283431) in view of Fujimori et al (US 2018/0370240).
Regarding claim 1, Kikuchi teaches a wiping device (700 figs.2-8) comprising:
a first wiping member (701 figs.4-8) configured to windable; and
a second wiping member (702 figs.4-8), the wiping device is configured to wipe out a nozzle surface (lower faces/nozzle faces of discharge heads 221 figs.4-6) on a liquid discharge head and including a plurality of nozzle holes (paragraphs 0048,0063,0069);
a control circuit (510 fig.24) configured to
wipe out the nozzle surface (lower faces/nozzle faces of discharge heads 221) by at least the first wiping member (701 figs.4-8) based on the remaining amount of the first wiping member being present, and
wipe out the nozzle surface (lower faces/nozzle faces of discharge heads 221) by the second wiping member (702 figs.4-8) based on there not being the remaining amount of the first wiping member (figs.4-8; paragraphs 0072,0074,0075,0077,0079-0085, teaches the first wiping member and the second wiping member are configured to independently driven to wipe the nozzle surface).
Kikuchi does not explicitly teach a remaining amount detector configured to detect a remaining amount of the first wiping member after wiping out the nozzle surface.
However, Fujimori et al teaches similar wiping device (figs.6-8,10) including a remaining amount detector (62 including 64,67,66,63 in figs.6-8; 83 in fig.10) configured to detect a remaining amount of the first wiping member after wiping out the nozzle surface (figs.6-10, paragraphs 0074,0080,0081,0085,0094,0097).
Therefore, it would have been obvious for a person of ordinary skill in the art, as of the effective filing date of the claimed invention, to include remaining amount detector in the wiping device of Kikuchi based on the teachings of Fujimori et al for instance to enable timely replacement of a wiping member and/or enable better management of wiping operation based on availability of wiping elements.
The claim language “… there not being the remaining amount of the first wiping member” has been construed as functional language. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch&Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). Therefore, the claim language “… there not being the remaining amount of the first wiping member” has not been given patentable weight.
Regarding claim 6, Kikuchi as modified by Fujimori et al further teaches a liquid discharge apparatus (figs.1-3) comprising: a wiping device (700 figs.2-8) according to claim 1; and a liquid discharge head (221 figs.1-4).
Regarding claim 12, Kikuchi as modified by Fujimori et al further teaches wherein the second wiping member (702 figs.4-8) is vertically moveable (figs.4-8. The wiping member is configured to be moved from vertically lower position to vertically higher position).
Regarding claim 13, Kikuchi as modified by Fujimori et al further teaches wherein the remaining amount detector (62 including 64,67,66,63 in figs.6-8; 83 in fig.10 of Fujimori et al as applied above) is configured to detect the remaining amount of the first wiping member after wiping out the nozzle surface (figs.6-10, paragraphs 0074,0080,0081,0085,0094,0097 of Fujimori et al. The detection is performed after usage of the wiping member 54 during wiping operation/s).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi as modified by Fujimori et al above and further in view of Asano et al. (US 2019/0255854).
Regarding claim 2, Kikuchi as modified by Fujimori et al substantially teaches the claimed invention including a wiping device (700 figs.2-8) comprising: a first wiping member (701 figs.4-8); and a second wiping member (702 figs.4-8).
Kikuchi does not explicitly disclose wherein the second wiping member is provided to be exchangeable integrally with the first wiping member (i.e. wherein the wiping device 70 is exchangeable which includes the first and second wiping member are provided).
However, Asano et al teaches similar wiping device (30 figs.1,2,6,12) including a first wiping member (4) and a second wiping member (24), where the wiping device (30) provided with the wiping members is exchangeable/detachable (paragraphs 0036, 0079).
Therefore, it would have been obvious for a person of ordinary skill in the art, as of the effective filing date of the claimed invention, to modify the wiping device of Kikuchi as modified by Fujimori et al as such based on the teachings of Asano et al for instance to enable easy exchanges of the wiping device and/or the wiping members.
Allowable Subject Matter
Claims 3-5,7-11 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENOK D LEGESSE whose telephone number is (571)270-1615. The examiner can normally be reached General Schedule 9:00 am- 5:00 pm, IFP.
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/HENOK D LEGESSE/Primary Examiner, Art Unit 2853
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