DETAILED ACTION
This application includes independent claims 1, 12, and 13;and dependent claims 2-11.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 “abutment member jig”, “camera”, “stage”, and “fixture” 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 Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
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 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) 1-3, 5, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon et al. (KR 20120100188 A….see Figs. on last 5 pages).
Regarding independent claim 1, Kwon discloses a liquid ejection head that ejects liquid, including: a liquid ejection member (18) having a print element board including an ejection port surface where an ejection port (“nozzle”) for ejecting liquid is formed and a print element (“. . . each print head 5 and eject ink through the print nozzles”) that generates energy for ejecting the liquid from the ejection port; a positioning member (300) coupled and secured to the liquid ejection member; an adjustment part (328a, 328b, 338a, 338b) for adjusting positions of the positioning member and the liquid ejection member; and a securing part (329a, 329b, 338a, 38b) for coupling and securing the positioning member and the liquid ejection member.
Regarding dependent claims 2, 3, 5, and 10, Kwon discloses that there are three or more of the adjustment parts (328a, 328b, 338a, 338b) for one positioning member. The securing part is disposed on or inside of the sides of a polygon formed by lines connecting the adjustment parts to one another (see Figs. on last 5 pages). The positioning member is provided at each of longitudinal end portions of the liquid ejection member (see Figs. on last 5 pages). The ejection head is a full-line-type liquid ejection head (see Fig. 1).
Claim(s) 1, 2, 9-11, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koga et al. (US 9,233,534).
Regarding independent claim 1, Koga discloses a liquid ejection head that ejects liquid, including: a liquid ejection member (200) having a print element board including an ejection port surface where an ejection port (see at least col. 14, lines 15-20)) for ejecting liquid is formed and a print element (see at least col. 15, lines 10-35) that generates energy for ejecting the liquid from the ejection port; a positioning member (212) coupled and secured to the liquid ejection member; an adjustment part (242, 246, 248) for adjusting positions of the positioning member and the liquid ejection member; and a securing part (248A) for coupling and securing the positioning member and the liquid ejection member.
Regarding independent claim 13, Koga discloses a liquid ejection apparatus including a detachable liquid ejection head (200), wherein the liquid ejection head has a liquid ejection member having a print element board including an ejection port surface (see at east col. 14, lines 15-20) where an ejection port for ejecting liquid is formed and a print element (see at least col. 15, lines 10-35) that generates energy for ejecting the liquid from the ejection port, a positioning member (212) coupled and secured to the liquid ejection member, an adjustment part (242, 246, 248) for adjusting positions of the positioning member and the liquid ejection member, and a securing part (248A) for coupling and securing the positioning member and the liquid ejection member, and in a case where attachment of the liquid ejection head to the liquid ejection apparatus, the positioning member performs positioning of the liquid ejection apparatus to the liquid ejection head in a liquid ejection direction (see at least col. 54, lines 54-60) and in a direction orthogonal to the liquid ejection direction (see at least col. 53, lines 25-30).
Regarding dependent claims 2 and 9-11, there are three (242, 246, 248) or more of the adjustment parts for one positioning member. The adjustment part adjusts a distance between the positioning member and the liquid ejection member in a liquid ejection direction (see at least col. 54, lines 54-60). The liquid ejection head is a full-line-type liquid ejection head (see at least col. 1, lines 35-40). The liquid ejection head is attachable to and detachable from a liquid ejection apparatus, and upon attachment of the liquid ejection head to the liquid ejection apparatus, the positioning member performs positioning of the liquid ejection apparatus to the liquid ejection head in a liquid ejection direction (see at least col. 54, lines 54-60) and in a direction orthogonal to the liquid ejection direction (see at least col. 53, lines 25-30).
Allowable Subject Matter
Claim 12 is allowed.
Claims 4 and 6-8 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Midorikawa et al. (US 10,343,411) and Shinoda (US 8,757,773) disclose liquid ejection heads with positioning members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PATRICK H MACKEY/Primary Examiner, Art Unit 3653