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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/26/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Provisional Non-statutory Double Patenting
Claims 1-8 of this application is patentably indistinct from claims 1, 3-9 of Application No. 18/616,241. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 6-8 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 7-9 of copending Application No. 18/616,241 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because Applicant alters the limitations within the claims without making them patentably distinct.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Please see the table below for clarity and comparison.
Instant Application
Application Number 18/616,241
Claim 1: A liquid ejecting apparatus comprising:
a print head that ejects liquid onto a medium;
a liquid storage section that stores the liquid;
a tube that supplies the liquid from the liquid storage
section to the print head;
a duct in which gas flows; and
a fan that forms a flow of the gas in the duct, wherein at least a portion of the tube is disposed in the duct.
Claim 1: A liquid ejecting apparatus comprising:
a print head that ejects liquid onto a medium;
a liquid storage section that stores the liquid;
a tube that supplies the liquid from the liquid storage
section to the print head;
a duct in which gas flows; and
a fan that forms a flow of the gas in the duct, wherein at least a portion of the tube is in contact with the duct.
Applicant altered the limitation of “in contact with” to “disposed in” but this is inherent as the tube will always be in contact with the duct if it is disposed in the duct and not patentably distinct from each other.
Claim 2: further comprising a housing having an air inlet, wherein the fan draws outside air into the duct from the air inlet.
Claim 3: further comprising a housing having an air inlet, wherein the fan draws outside air into the duct from the air inlet.
Claim 3: further comprising a heat generator, wherein the duct supplies the gas to the heat generator.
Claim 4: further comprising a heat generator, wherein the duct supplies the gas to the heat generator.
Claim 4: wherein the duct is provided for collecting mist of the liquid.
Claim 5: wherein the duct is provided for collecting mist of the liquid.
Claim 5: wherein the print head is a line head having a length equal to or longer than a width of the medium.
Claim 6: wherein the print head is a line head having a length equal to or longer than a width of the medium.
Claim 6: wherein at least the portion of the tube that is located in the duct is disposed along the flow of the gas in the duct.
Claim 7: wherein at least the portion of the tube that is in contact with the duct is disposed along the flow of the gas in the duct.
Applicant altered the limitation of “in contact with” to “located in” but this change is not patentably distinct from each other because the tube will always be in contact with the duct if it located in the duct.
Claim 7: wherein the liquid that is supplied to the print head through the tube is a water-based ink.
Claim 8: wherein the liquid is a water-based ink.
Applicant placed “that is supplied to the print head through the tube” into the limitation which is not patentably distinct from each other.
Claim 8: wherein at least the portion of the tube that is located in the duct is in contact with the duct.
Claim 9: wherein at least the portion of the tube is in contact with an outer surface of the duct.
Applicant altered the limitation from “is in contact with an outer surface of the” to “that is located in the duct is in contact with the” which is not patentably distinct from each other due to the tube always being in contact with the outer surface of the duct when the tube that is located in the duct is in contact with the duct.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, and 5-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kida et al. (US 11072195 B2) hereinafter referred to as "Kida".
Regarding claim 1, A liquid ejecting apparatus (printing apparatus 1; Fig. 1) comprising:
a print head (printing head 8; Fig. 1) that ejects liquid onto a medium (print medium on which the print head performs printing; col 17, II. 51-52);
a liquid storage section that stores the liquid (sub-tank 151 in which a certain amount of ink is contained; col. 7, II. 8-9; A main tank 141 is a tank that contains ink which is to be supplied to the subtank 151; col. 7, II. 29-30; Fig. 6; col. 17, II. 40-42);
a tube (a linkage tube 159 is provided for each of the supply flow path C2; col. 10, II. 54-55; Fig. 8) that supplies the liquid from the liquid storage section to the print head (The sub-tank 151 in which a cert a in a mount of ink is contained is connected to a supply flow path C2 for supplying ink to the print head 8; col. 7, II. 8-10; Fig. 6; col. 17, II. 43-44);
a duct in which gas flows (an air passage is formed from the print head 8 to the air discharge fan 163 approximately in the horizontal direction; col. 13, II. 24-26; an air passage is formed from the air supply opening 43 to the print head 8 approximately in the horizontal direction; col. 13, II. 53-54; Fig. 13); and
a fan that forms a flow of the gas in the duct (driving of the air discharge fan 163 causes an air flow in which air (outside air) flows through the air supply openings 43 into the ink supply unit 15 and air inside the printing apparatus (inside air) is discharged through the air discharge opening 44; col. 13, II. 54-59; Fig. 13), wherein at least a portion of the tube is disposed in the duct (the flow path in which ink circulates is formed to extend approximately from the sub-tanks 151 toward the print head 8. Thus, since the air flowing in through the air supply openings 43 moves along the flow path in which ink circulates toward the print head 8, it is possible to provide the heat dissipation effect not only for the ink inside the sub-tanks 151 but also for the ink circulating in the supply flow path C2; col. 14, II. 46-53; col. 15, II. 16-20; Fig. 8-10).
Regarding claim 2, Kida discloses the liquid ejecting apparatus, further comprising a housing having an air inlet (A first housing cover 71 on the left side-face side of the printing
apparatus 1 has first openings (herein after referred to as air supply openings 43); col, 12, II. 55-57; Fig. 12), wherein the fan draws outside air into the duct from the air inlet (In the case where the air discharge fan 163 is driven, negative pressure is generated inside the main body of the printing apparatus 1, causing air to flow through the air supply openings 43 into the main body; col. 14, II. 13-16; Fig. 13).
Regarding claim 5, Kida discloses the liquid ejecting apparatus, wherein the print head is a line head having a length equal to or longer than a width of the medium (The print head 8 of the present embodiment is a full line type color inkjet print head. In the print head 8, a plurality of ejection openings configured to eject ink based on print data are arrayed in they-direction in FIG. 1 so as to correspond to the width of a print medium S; col. 3, II. 30-34).
Regarding claim 6, Kida discloses the liquid ejecting apparatus, wherein at least the portion of the tube that is located in the duct is disposed along the flow of the gas in the duct (the flow path in which ink circulates is formed to extend approximately from the sub-tanks 151 toward the print head 8. Thus, since the air flowing in through the air supply openings 43 moves along the flow path in which ink circulates toward the print head 8, it is possible to provide the heat dissipation effect not only for the ink inside the sub-tanks 151 but also for the ink circulating in the supply flow path C2; col. 14, II. 46-53; col. 15, II. 16-20; Fig. 8-10).
Regarding claim 7, Kida discloses the liquid ejecting apparatus, wherein the liquid that is supplied to the print head through the tube (The linkage tubes 159 are connected to the print head 8; col 10, II. 61-62; Fig. 8) is a water-based ink (water contained in the ink evaporates; col. 1, II. 13-14; col. 12, II. 47-48).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kida in view of Eta
(US 11241881 B2).
Regarding claim 3, Kida teaches the liquid ejecting apparatus according to claim 1, however Kida does not explicitly teach a heat generator, wherein the duct supplies the gas to the heat generator.
Eta teaches a liquid ejection apparatus that includes a duct (The main body housing 54 includes a gutter-shaped member 541; col. 5, II. 3-4; Fig. 6),
a fan that causes air flow in the duct (The fan 55 is arranged in the intake opening 543 of the
main body housing 54; col. 5, II. 20-21; The fan 55 sucks in the air outside the main body housing 54 and feeds the air into the main body housing 54; col. 5, II. 23-25),
and a heat generator being cooled by the air flow (Furthermore, the fan 55 causes air to flow
between the main body housing 54 and the head housing 514. As a result, the control board 513 of the liquid ejection head 51 may be cooled via the head housing 514; col. 5, II. 25-28; Fig. 6; Fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Kida to further include a heat generator
wherein the duct supplies air to the heat generator in order to directly cool the heat generator as taught by Eta. This would have been done to keep the tube's ink temperature controlled, as taught in Eta (col. 5, II. 44-53).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kida in view of Brown et al. (US 20070188546 Al) hereinafter referred to as "Brown".
Regarding claim 4, Kida teaches the liquid ejecting apparatus, however Kida does not teach the duct as provided for collecting mist of the liquid.
Brown teaches an ink-mist control system for a printer for collecting mist of the ink (The ink-mist control system 70 entrains ink mist into an airflow that is pulled from adjacent the print zone 29 into the control system 70 and subsequently through the ink-mist control system 70; [0039]),
with a duct (ink-mist control system 70 comprises a generally T-shaped duct housing 72 formed of a first housing portion 71 and a second housing portion 73; [0040]; Fig. 6),
wherein the duct is used to collect mist (Low pressure at the air inlet 82 pulls air and ink
particles downwardly from the print zone labeled as A1. The air and entrained ink mist A1 move through the air inlet 82 and the first duct leg 84; [0045]; Fig, 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Kida to utilize the duct for collecting mist of the liquid ink, as taught in Brown ([0005]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kida in view of Cruz-Uribe et al. (US 20150124019 Al) hereinafter referred to as "Cruz-Uribe".
Regarding claim 8, Kida teaches the liquid ejecting apparatus according to claim 1, however Kida does not explicitly teach at least the portion of the tube that is located in the duct is in contact with the duct.
Cruz-Uribe teaches a print head with a cooling duct and an ink supply tube (print head 200a
includes one half of a substrate 202a; [0032]; substrate 202a includes an ink inlet 240, ink channels 270a and 270b, an ink outlet 242, a coolant inlet 244, coolant channels 272a and 272b, and a coolant outlet 246; [0033]),
wherein at least the portion of the tube that is located in the duct is in contact with the duct (portion of the tube 270d having a portion located inside cooling duct 270e while being in contact with cooling duct 270e; Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Kida so that at least the portion of the tube that is located in the duct is in contact with the duct, as taught by Cruz-Uribe. This would have been done so that the ink in the tube is cooled down with the most effective heat transfer being while in contact with each other.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SADMAN SAKIB BAKHT whose telephone number is (571)272-0789. The examiner can normally be reached Mon-Fri 9:30am-5pm.
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/SADMAN SAKIB BAKHT/Examiner, Art Unit 2853
/RICARDO I MAGALLANES/Supervisor Patent Examiner, Art Unit 2853