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 .
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, 3, 6, 8-13, 15-17, and 20 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 1 recites the limitation "whether to replace the inkjet head unit based on the statistical values and threshold value" in lines 16-17. There is insufficient antecedent basis for this limitation in the claim. Please note that it is no prior recitation of “a threshold value” in the claim, and it is unclear whether the threshold value refers to a previously introduced threshold value, a threshold inherent in the statistical values, or a threshold value known in the art. Also note that, even if the limitation is changed to “a threshold value” it is not clear how a threshold value is used in the determination of whether to replace the inkjet head – i.e., is the statistical value compared to a threshold value, and is the determination made if the statistical value is above or below said statistical value?
Claims 3, 6, 8-13, and 15-17 depend on claim 1, and Claim 20 recites substantially similar limitations and therefore the rejection applies to these claims as well.
Examiner’s Note
Please note that due to the indefiniteness of Claims 1 and 20 as set forth above, the metes and bounds of the claimed subject matter cannot be reasonable ascertained. Accordingly, a comparison of the claimed subject matter with the prior art cannot be made at this time, and no prior art rejection or indication of allowable subject matter is applied to claims 1, 3, 6, 8-13, 15-17, and 20. Applicant is advised that once the 112(b) issues are resolved, an appropriate prior art rejection may be applied.
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.
Communication with the USPTO
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANNELLE M LEBRON whose telephone number is (571) 272-2729. The examiner can normally be reached Monday-Friday: 9:00am - 5:00pm.
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, Douglas X Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANNELLE M LEBRON/ Primary Examiner, Art Unit 2853
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