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 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.
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.
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: separation data creation unit, conversion rule generation unit, conversion rule correction unit, platemaking editing data creation unit in claims 12-20.
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.
The published specification in paragraphs [0170]-[0172] mentions the units are performed by the CPU.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 5-6, 8-14, 16-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sugiyama (JP 2019155771 A1).
With respect to Claim 1, Sugiyama’771 shows a can manufacturing method (paragraphs [0007] and [0009] can printing device with a manufacturing printed cans proofing operation), comprising:
creating separation data by separating platemaking editing data for each ink color of a printing machine that performs printing on a surface of a can (paragraph [0025] step S01 plate-making data corresponding to each of a plurality of special color inks is created based on image data of a sample pattern); and
manufacturing a proof can by outputting an image corresponding to the platemaking editing data by an ink-jet printer (inker unit 20, paragraph [0025] inkjet printer) based on the platemaking editing data or the separation data and a predetermined conversion rule, and arranging the image on a can surface (paragraph [0025] test print pattern film S02 forming a test print pattern film on which a test print pattern is printed by an inkjet printer based on the plate making data calibration can manufacturing S03),
wherein the conversion rule has a rule to reproduce, by ink of the ink-jet printer, the ink color of the printing machine printed based on the separation data (paragraphs [0025]-[0026] plate making data respectively corresponding to a plurality of special color inks ).
With respect to Claim 2, Sugiyama’771 shows the can manufacturing method according to claim 1, wherein the manufacturing a proof can is manufacturing a proof can by outputting the image corresponding to the platemaking editing data by the ink-jet printer based on the separation data and the conversion rule (paragraphs [0026]-[0027] plate making data creation step S01 image data of a sample pattern printed in full color is separated into spot color data and halftone pattern data corresponding to a plurality of spot color inks used for printing metal cans, creating plate-making data corresponding to each), and arranging the image on the can surface, and the conversion rule is a rule to convert a color of separation color data which is color data of the ink color of the printing machine into a color of IJ color data which is color data of an ink color of the ink-jet printer (paragraph [0029] after the trial printing pattern film forming step S02 its reproduced and printed using the plate-making data pattern corresponding to each special color ink printing of the can using the inkjet printer).
With respect to Claim 3, Sugiyama’771 shows the can manufacturing method according to claim 2, wherein the separation color data includes a first association between the ink color of the printing machine and color coordinates in a color space of a color of a printed material printed in the ink color of the printing machine, the IJ color data includes a second association between the ink color of the ink-jet printer and color coordinates in a color space of a color of a printed material printed in the ink color of the ink-jet printer, and the method further comprises generating the conversion rule based on the separation color data and the IJ color data (paragraph [0009] calibrating a printed can with plate-making data creation of decomposing spot-color data and halftone pattern data corresponding to a plurality of spot-color inks used in printing the metal cans creating/coordinating plate-making data corresponding to each of the plurality of spot color inks with inkjet colors).
With respect to Claim 5, Sugiyama’771 shows the can manufacturing method according to claim 1, wherein the manufacturing the proof can is manufacturing the proof can by outputting the image corresponding to the platemaking editing data by the ink-jet printer based on the platemaking editing data and the conversion rule, and arranging the image on the can surface, and the conversion rule is a rule to convert a color of platemaking editing color data which is color data of an ink color of the platemaking editing data into a color of IJ color data which is color data of an ink color of the ink-jet printer (paragraphs [0025]-[0029] steps S01-S05).
With respect to Claim 6, Sugiyama’771 shows the can manufacturing method according to claim 5, wherein the platemaking editing color data includes a third association between the ink color of the platemaking editing data and color coordinates in a color space of a color of a printed material printed in the ink color of the printing machine based on the separation data, the IJ color data includes a fourth association between the ink color of the ink-jet printer and color coordinates in a color space of a color of a printed material printed in the ink color of the ink-jet printer, and the method further comprises generating the conversion rule based on the platemaking editing color data and the IJ color data (paragraphs [0029]-[0030] trial printing pattern film forming step S02 forming the test pattern, the color of the special color ink is changed by overcoating four color components CMYB using the inkjet to print desired colors, digital proof is produced in S03 with comparison in step S04 and digital calibration compared, step S05 prepress data adjustment everything is adjusted/associated).
With respect to Claim 8, Sugiyama’771 shows the can manufacturing method according to claim 1, further comprising: creating the platemaking editing data from an image data (paragraphs [0025]-[0029] and [0034] ).
With respect to Claim 9, Sugiyama’771 shows the can manufacturing method according to claim 8, wherein the image data includes a color selected from a color sample showing the ink color of the printing machine, and the color sample is a color sample that is printed on a metal plate to be used for the can (paragraphs [0029]-[0030] trial printing pattern film forming step S02 forming the test pattern, the color of the special color ink is changed by overcoating four color components CMYB using the inkjet to print desired colors, digital proof is produced in S03 with comparison in step S04 and digital calibration compared, step S05 prepress data adjustment everything is adjusted/associated).
With respect to Claim 10, Sugiyama’771 shows the can manufacturing method according to claim 1, further comprising: proofing the platemaking editing data using the proof can (paragraphs [0025]-[0029] proofreading method).
With respect to Claim 11, Sugiyama’771 shows the can manufacturing method according to claim 9, further comprising: proofing the platemaking editing data using the proof can, wherein the proofing includes comparing the color sample of the color selected on the image data with a color on the proof can (paragraphs [0025]-[0029] proofreading method).
With respect to Claim 12, Sugiyama’771 shows a can manufacturing system (paragraphs [0007] and [0009] can printing device with a manufacturing printed cans proofing operation), comprising:
a printing machine which performs printing on a surface of a can (inker unit 20, paragraph [0025] inkjet printer);
a separation data creation unit which creates separation data by separating platemaking editing data for each ink color of the printing machine (paragraph [0025] step S01 plate-making data corresponding to each of a plurality of special color inks is created based on image data of a sample pattern);
an ink-jet printer which outputs an image corresponding to the platemaking editing data based on the platemaking editing data or the separation data and a predetermined conversion rule to manufacture a proof can on which the image is arranged on a can surface (paragraph [0025] test print pattern film S02 forming a test print pattern film on which a test print pattern is printed by an inkjet printer based on the plate making data calibration can manufacturing S03),
wherein the conversion rule has a rule to reproduce, by ink of the ink-jet printer, the ink color of the printing machine printed based on the separation data (paragraphs [0025]-[0026] plate making data respectively corresponding to a plurality of special color inks ).
With respect to Claim 13, rejection analogous to those presented for claim 2, are applicable.
With respect to Claim 14, rejection analogous to those presented for claim 3, are applicable.
With respect to Claim 16, rejection analogous to those presented for claim 5, are applicable.
With respect to Claim 17, rejection analogous to those presented for claim 6, are applicable.
With respect to Claim 19, rejection analogous to those presented for claim 8, are applicable.
With respect to Claim 20, rejection analogous to those presented for claim 9, are applicable.
Allowable Subject Matter
Claims 4, 7, 15 and 18, 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.
Morikawa et al. (US 2022/0321741 A1): paragraph [0006] a color chart creation step of creating a color chart in which a plurality of color patches are arranged, the color patches being based on the specified color acquired by the acquisition step and having a color within a color gamut that is based on print settings of a printer, the color chart creation step including creating a first color chart and a second color chart.
Arizono et al. (US 2016/0023472 A1): paragraph [0005] When carrying out color printing with such inkjet printer, color charts are printed for use in color correction. Such a color chart has, arranged thereon, a plurality of color patches combining ink color types and dot size types, paragraph [0012] object is fulfilled, according to this invention, by a color chart creating method for creating a color chart having a plurality of color patches arranged thereon for color correction of an inkjet printer, the method comprising an ink amount setting step for setting an upper limit to ink amount per unit area that can be supplied to a printing medium, based on amounts of ink consumption when printing is done beforehand with the inkjet printer; and a printing step for printing with the inkjet printer the color chart having the plurality of color patches arranged thereon and formed of different colors on the printing medium using ink amounts smaller than the upper limit set in the ink amount setting step.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRIANA CRUZ whose telephone number is (571)270-3246. The examiner can normally be reached 10-6.
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/IRIANA CRUZ/Primary Examiner, Art Unit 2681