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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4-6, 8-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1, 5-6, 8 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 6-7, 10 of prior U.S. Patent No. 12,570,090. This is a statutory double patenting rejection.
Instant Application 18/619,401
Patent 12,570,090
Claim 1: An ink jet recording apparatus comprising:
An ink accommodating container having an ink pouring port;
An ink composition; and an ink jet head that discharges the ink composition supplied from the ink accommodating container, where
The ink accommodating container includes a first ink accommodating container and a second ink accommodating container having a lower height from a bottom of the accommodating container to the ink pouring port than the first ink accommodating container,
The ink composition includes a first ink composition accommodated in the first ink accommodating container and a second ink composition accommodated in the second ink accommodating container,
The first ink composition has a higher defoaming property than the second ink composition, [same scope as having a lower foaming property]
The first ink accommodating container and the second ink accommodating container have the same height of the ink pouring port in the ink jet recording apparatus, and
The first ink accommodating container and the second ink accommodating container have overlapping portions when viewed from a vertical direction
Claim 1: An ink jet recording apparatus comprising:
An ink accommodating container having an ink pouring port;
An ink composition; and an ink jet head that discharges the ink composition supplied from the ink accommodating container, where
The ink accommodating container includes a first ink accommodating container and a second ink accommodating container having a lower height from a bottom of the accommodating container to the ink pouring port than the first ink accommodating container,
The ink composition includes a first ink composition accommodated in the first ink accommodating container and a second ink composition accommodated in the second ink accommodating container,
The first ink composition has a lower foaming property than the second ink composition, [same scope as having a higher defoaming property]
The first ink accommodating container and the second ink accommodating container have the same height of the ink pouring port in the ink jet recording apparatus, and
The first ink accommodating container and the second ink accommodating container have overlapping portions when viewed from a vertical direction
Claim 5: wherein the first ink accommodating container has a larger volume than the second ink accommodating container
Claim 6: wherein the first ink accommodating container has a larger volume than the second ink accommodating container
Claim 6: wherein the first ink composition and the second ink composition are each independently any one of a black ink, a cyan ink, a yellow ink, or a magenta ink
Claim 7: wherein the first ink composition and the second ink composition are each independently any one of a black ink, a cyan ink, a yellow ink, or a magenta ink
Claim 8: the method comprising: supplying the first ink composition accommodated in the first ink accommodating container and the second ink composition accommodated in the second ink accommodating container to the ink jet head; and discharging the first ink composition and the second ink composition from the ink jet head and adhering the first ink composition and the second ink composition to a recording medium
Claim 9: the method comprising: supplying the first ink composition accommodated in the first ink accommodating container and the second ink composition accommodated in the second ink accommodating container to the ink jet head; and discharging the first ink composition and the second ink composition from the ink jet head and adhering the first ink composition and the second ink composition to a recording medium
Allowable Subject Matter
Claims 2, 4, 9 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
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 JASON S UHLENHAKE whose telephone number is (571)272-5916. The examiner can normally be reached Monday-Friday, 8:00 am - 5:00 pm.
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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/JASON S UHLENHAKE/Primary Examiner, Art Unit 2853 September 1, 2026
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