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 .
Amendment received 5/22/26 was entered into the record.
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: a printing device, a transport device, a post-processing device, a control unit, all first appearing in claim 1.
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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the transport device that transports the printed matter output by the printing device in a loaded state (claim 7), the transport device is configured not to be presented at a position where printed matter is loaded (claim 8), the output of printed matter (claims 1, 3, and 11-14), transport of printed matter (claims 1, 5, 7, 13, and 14), post-processing on printed matter (claims 1-14), control unit determination of a position of the transport device claims (1, 13, and 14), must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-14 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.
Claims 1, 13, and 14 recite that a control unit is configured to determine a position of the transport device. This phrase is not understood. The structure required for a control unit to determine a position of the transport device is not disclosed. Are there sensors sensing the position of a transport device? None were illustrated nor were described within the Specification. The dependent claims are similarly indefinite by virtue of their dependency.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-5, 7-8, 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2022070211 (“JP ‘211”) in view of JP 2009113936 (“JP ‘936”).
Regarding claims 1, 13, and 14, JP ‘211 disclosed a printing system, associated method and control device, comprising:
a printing device (3) that performs printing on the basis of a given instruction and outputs a printed matter;
a transport device (20) that transports the printed matter output by the printing device;
a post-processing device (including 5) that performs post-processing on the printed matter transported by the transport device; and
a control unit (210) that grasps a transport situation of the transport device and controls a process in the post-processing device from the grasped transport situation including a position of the transport device (see at least paragraphs 0098 and 0103).
JP ‘211 did not appear to teach pausing printing based on a loading capacity being filled. JP ‘936 teaches a printing device that is configured to pause printing after performing printing up to a capacity of the printed matter that is capable of being loaded on a transport device (see at least S21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of JP ‘936 within JP ‘211 to stop processing of new papers which would result in failures as taught by JP ‘936 and well known in the art.
Regarding claim 2, JP ‘211 disclosed the control unit controls a start of the post-processing in the post-processing device (via 205).
Regarding claim 3, JP ‘211 disclosed the control unit acquires the number of transport operations required to start the post-processing in a case in which the printed matter output by the printing device is transported in a plurality of parts by the transport device and starts the post-processing in a case in which the printed matter has been transported the required number of times (see at least paragraphs 0106 - 0108).
Regarding claims 4 and 5, JP ‘211 disclosed the control unit starts the post-processing in a case in which it is possible to start the post-processing even in a stage in which only a part of the printed matter has been transported, or the control unit starts the post-processing after all of the printed matter is transported paragraphs (see at least paragraphs 0102 - 0107).
Regarding claim 7, JP ‘211 disclosed the transport device transports the printed matter output by the printing device in a loaded state (see at least Figure 6).
Regarding claim 8, the control unit may stop the printing by the printing device (at the end of a job) even in a case in which the transport device is not present at a position where the printed matter is loaded.
Regarding claim 10, JP ‘211 disclosed the control unit calculates a capacity of the printed matter that is capable of being loaded on the transport device and directs the printing device to perform the printing up to the capacity of the printed matter that is capable of being loaded on the transport device and to pause the printing in a case in which an output amount of the printed matter output by the printing device is larger than the capacity of the printed matter that is capable of being loaded on the transport device. And, the control unit directs the printing device to resume the printing in a case in which a new transport device that is capable of transporting the printed matter is present at the position where the printed matter is loaded in a state in which the printing by the printing device is paused (see Modification 5).
Regarding claims 11 and 12, JP ‘211 disclosed the control unit controls an output order in which the printing device outputs the printed matter. The control unit may direct the printing device to output the printed matter in descending order of a paper size of the printed matter (see at least paragraphs 0080 - 0081).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because of the new ground of rejection necessitated by the amendment.
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).
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 HOWARD J SANDERS whose telephone number is (571)270-3096. The examiner can normally be reached M-F 8:00-5:00.
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, Michael McCullough can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOWARD J SANDERS/Primary Examiner, Art Unit 3653
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