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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1, 12, and 13 are objected to because of the following grammatical informalities:
Claim 1: "absorber configured to holds a liquid" should be corrected to “hold”
Claim 13: "one absorber chambers" to “one absorber chamber”
Appropriate correction is required.
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.
Claims 1-3 & 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinada et al. (JP 2001121715 A; herein referred to as “Shinada”).
With respect to Claim 1, Shinada teaches a cartridge (Shinada: Abstract; Fig. 4 & 8B) comprising:
an absorber (i.e., “porous material 6”; Shinada: ¶0006-0011, Fig. 4 & 8B) configured to holds a liquid;
a tank (i.e., “container body 3”; Shinada: ¶0006-0011, Fig. 4 & 8B) including an opening (opening of “container body 3”; Shinada: ¶0006-0011, Fig. 4 & 8B) and an absorber chamber (i.e., “ink chamber 2”; Shinada: ¶0006-0011, Fig. 4 & 8B),
the absorber (i.e., “porous material 6”; Shinada: ¶0006-0011, Fig. 4 & 8B) is accommodated in the absorber chamber (i.e., “ink chamber 2”; Shinada: ¶0006-0011, Fig. 4 & 8B);
a lid member (i.e., “cover body 4”; Shinada: ¶0006-0011, Fig. 4 & 8B) joined (i.e., “lid 4…sealing the opening of the container body 3”; Shinada: ¶0006) to the opening of the tank (i.e., “container body 3”; Shinada: ¶0006-0011, Fig. 4 & 8B); and
a partition member (i.e., “spacer 30”; Shinada: ¶0014-0019, Fig. 4 & 8A-B) disposed between the absorber (i.e., “porous material 6”; Shinada: ¶0006-0011, Fig. 4 & 8B) and the lid member (i.e., “cover body 4”; Shinada: ¶0006-0011, Fig. 4 & 8B) located inside the absorber chamber (i.e., “ink chamber 2”; Shinada: ¶0006-0011, Fig. 4 & 8B),
and including a protruding portion (i.e., “ribs 34 and 35”; Shinada: ¶0014-0019, Fig. 4 & 8B), wherein the protruding portion (i.e., “ribs 34 and 35”; Shinada: ¶0014-0019, Fig. 4 & 8B) of the partition member (i.e., “spacer 30”; Shinada: ¶0014-0019, Fig. 4 & 8A-B) abuts on the absorber (i.e., “porous material 6”; Shinada: ¶0006-0011, Fig. 4 & 8B), and
the lid member (i.e., “cover body 4”; Shinada: ¶0006-0011, Fig. 4 & 8B) and the partition member (i.e., “spacer 30”; Shinada: ¶0014-0019, Fig. 4 & 8A-B) are separate members.
With respect to Claim 2, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 1, wherein the lid member (i.e., “cover body 4”; Shinada: ¶0006-0011 & ¶0014-0019, Fig. 4 & 8B) exerts a force on the partition member (i.e., “spacer 30”; Shinada: ¶0014-0019, Fig. 4 & 8A-B) in order to press the absorber (i.e., the “porous material 6” is “compressed by the lid 4 via the spacer 30”; Shinada: ¶0014-0019, Fig. 4 & 8B).
With respect to Claim 3, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 1, wherein a welding rib (i.e., “seals the opening 4 of the container body 3 by joining the lid 4 by welding or the like”; Shinada: ¶0006-0011, Fig. 4 & 8B) is formed on the lid member (i.e., “cover body 4”; Shinada: ¶0006-0011, Fig. 4 & 8B) and the lid member (i.e., “cover body 4”; Shinada: ¶0006-0011, Fig. 4 & 8B) and the tank (i.e., “container body 3”; Shinada: ¶0006-0011, Fig. 4 & 8B) are welded to each other (i.e., “seals the opening 4 of the container body 3 by joining the lid 4 by welding or the like”; Shinada: ¶0006-0011, Fig. 4 & 8B). Note that “welding or the like” (Shinada: ¶0006-0011) includes welding the lid member to the tank via a welding rib on the lid member.
With respect to Claim 13, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 1, wherein the tank (i.e., “container body 3”; Shinada: ¶0006-0011, Fig. 4 & 8B) consists of one absorber chamber (i.e., “ink chamber 2”; Shinada: ¶0006-0011, Fig. 4 & 8B), and the cartridge consists of one absorber (i.e., “porous material 6”; Shinada: ¶0006-0011, Fig. 4 & 8B) accommodated in the absorber chamber (i.e., “ink chamber 2”; Shinada: ¶0006-0011, Fig. 4 & 8B).
With respect to Claim 14, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 1, wherein the tank (i.e., “container body 3”; Shinada: ¶0006-0011, Fig. 9) has a plurality of the absorber chambers (i.e., “ink chamber 2”; Shinada: ¶0006-0011, Fig. 9), and the number of the absorbers (i.e., “porous material 6”; Shinada: ¶0006-0011, Fig. 9) accommodated in each of the plurality of absorber chambers (i.e., “ink chamber 2”; Shinada: ¶0006-0011, Fig. 9) is two or more (Shinada: Fig. 9). Shinada teaches this alternative embodiment of the cartridge, having a plurality of absorber chambers and corresponding absorbers (Shinada: Fig. 9).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Shinada in view of Putman (US 7384137 B2).
With respect to Claim 4, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 1.
Shinada is silent on wherein
a columnar member is formed on the lid member, and
a fitting member is formed on the partition member.
Putman teaches wherein
a columnar member (i.e., one of the “connecting posts” “47”-“52”; Putman: ¶0038; Fig. 6) is formed on the lid member (i.e., “container lid 18”; Putman: ¶0038; Fig. 6), and
a fitting member (i.e., one of the “holes or openings” “36”-“41”; Putman: ¶0031, ¶0038, Fig. 2 & 6) is formed on the partition member (i.e., “spacing member 16”; Putman: ¶0031, ¶0038, Fig. 2 & 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 cartridge taught by Shinada to include a columnar member on the lid member and fitting member on the partition member, because doing so enables the lid member to be connected to the partition member “in a nonhermetic fashion”. This is beneficial as Putnam teaches: “In a preferred embodiment of the invention, this is accomplished by forming within each connecting post at least one gas flow channel 53-58, respectively, as shown in FIGS. 6 and 7. The gas flow channels provide for gas flow communication between the first and second sides of the spacing member while the container lid is fixedly connected to the spacing member… Due to the gas flow channels, the pressure inside the cavities of the ink container remains substantially equal to that outside of the container even after a substantial portion of the ink volume has been used and consumed. Thus there are fewer problems with ink flow due to pressure inequalities inside and outside of the ink container body 12. The gas flow channels are dimensioned to be large enough to equalize the gas pressure inside the cavities of the container body 12 and are small enough to minimize leakage, spillage or evaporation of ink through the gas flow channels” (emphasis added; Putnam: ¶0040-0041).
With respect to Claim 5, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 4.
Shinada is silent on wherein the lid member and the partition member are combined together by being fitted to each other with the columnar member and the fitting member.
Putman teaches wherein the lid member (i.e., “container lid 18”; Putman: ¶0038; Fig. 6) and the partition member (i.e., “spacing member 16”; Putman: ¶0031, ¶0038, Fig. 2 & 6) are combined together by being fitted to each other with the columnar member (i.e., one of the “connecting posts” “47”-“52”; Putman: ¶0038; Fig. 6) and the fitting member (i.e., one of the “holes or openings” “36”-“41”; Putman: ¶0031, ¶0038, Fig. 2 & 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 cartridge taught by Shinada to include a columnar member and fitting member enabling the lid member to be connected to the partition member because this connection occurs “in a nonhermetic fashion” (Putnam: ¶0040). Putnam teaches that this form of connection is beneficial in the following quote: “In a preferred embodiment of the invention, this is accomplished by forming within each connecting post at least one gas flow channel 53-58, respectively, as shown in FIGS. 6 and 7. The gas flow channels provide for gas flow communication between the first and second sides of the spacing member while the container lid is fixedly connected to the spacing member… Due to the gas flow channels, the pressure inside the cavities of the ink container remains substantially equal to that outside of the container even after a substantial portion of the ink volume has been used and consumed. Thus there are fewer problems with ink flow due to pressure inequalities inside and outside of the ink container body 12. The gas flow channels are dimensioned to be large enough to equalize the gas pressure inside the cavities of the container body 12 and are small enough to minimize leakage, spillage or evaporation of ink through the gas flow channels” (emphasis added; Putnam: ¶0040-0041).
With respect to Claim 6, Shinada teaches the cartridge according to claim 5 (Shinada: Abstract; Fig. 4 & 8B).
Shinada is silent on wherein
the columnar member is a riveting pin,
the fitting member is a catch portion,
the riveting pin is thermally riveted to form a riveted portion, and
the riveted portion and the catch portion are fitted to each other.
Putman teaches wherein
the columnar member (i.e., one of the “connecting posts” “47”-“52”; Putman: ¶0038; Fig. 6) is a riveting pin (Putman Fig. 6 depicts the connecting posts “47”-“52” to be a riveting pin with a flange; Putman: ¶0038 & ¶0040; Fig. 6),
the fitting member (i.e., one of the “holes or openings” “36”-“41”; Putman: ¶0038; Fig. 6) is a catch portion (i.e., one of the “holes or openings” “36”-“41” which engages with one of the connecting posts “47”-“52”; Putman: ¶0031, ¶0038, Fig. 2 & 6),
the riveting pin (Putman Fig. 6 depicts the connecting posts “47”-“52” as a riveting pin; Putman: ¶0038; Fig. 6) is thermally riveted (i.e., “infrared welding”; Putman: ¶0043 & ¶0033) to form a riveted portion (i.e., “flange” “60”-“65”; Putman: ¶0040, Fig. 2 & 6). Putman teaches that the riveting pins (which include a riveted portion i.e., “flange”; Putman: ¶0040, Fig. 2 & 6) “may be formed…by a variety of methods similar to those described for the ink container body 12 and the spacer 16” (Putman: ¶0043), such as the thermal method of “infrared welding” (Putman: ¶0033).
the riveted portion (i.e., “flange” “60”-“65”; Putman: ¶0040, Fig. 2 & 6) and the catch portion (i.e., one of the “holes or openings” “36”-“41” which engages with one of the connecting posts “47”-“52”; Putman: ¶0031, ¶0038, Fig. 2 & 6) are fitted to each other.
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 cartridge taught by Shinada to include a riveting pin on the lid member and a catch portion on the partition member as doing so enables the lid member to be connected to the partition member “in a nonhermetic fashion” as Putnam teaches: “In a preferred embodiment of the invention, this is accomplished by forming within each connecting post at least one gas flow channel 53-58, respectively, as shown in FIGS. 6 and 7. The gas flow channels provide for gas flow communication between the first and second sides of the spacing member while the container lid is fixedly connected to the spacing member… Due to the gas flow channels, the pressure inside the cavities of the ink container remains substantially equal to that outside of the container even after a substantial portion of the ink volume has been used and consumed. Thus there are fewer problems with ink flow due to pressure inequalities inside and outside of the ink container body 12. The gas flow channels are dimensioned to be large enough to equalize the gas pressure inside the cavities of the container body 12 and are small enough to minimize leakage, spillage or evaporation of ink through the gas flow channels” (emphasis added; Putnam: ¶0040-0041).
Claims 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Shinada.
With respect to Claim 7, Shinada teaches the cartridge according to claim 1 (Shinada: Abstract; Fig. 4 & 8B), wherein
an atmosphere communication port (i.e., “11”; Shinada: ¶0006-0011; Fig. Fig. 4 & 8B) through which the absorber chamber (i.e., “ink chamber 2”; Shinada: ¶0006-0011, Fig. 4 & 8B) may communicate with an atmosphere outside the cartridge (Shinada: Abstract; Fig. 4 & 8B) is provided substantially at a center of the lid member (i.e., “cover body 4”; Shinada: ¶0006-0011, Fig. 4 & 8B), and
a circular recess is formed around the atmosphere communication port (i.e., “11”; Shinada: ¶0006-0011; Fig. Fig. 4 & 8B). Shinada is silent on the shape of the recess however Figures 4 and 8B imply that the recessed shape formed around the atmosphere communication port is circular. Moreover, in cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, applicant must show that the chosen dimensions are critical. As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, although dimensions are unstated in the applied prior art, this does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553, 555, 188 USPQ 7, 9 (CCPA 1975).
With respect to Claim 8, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 7, wherein
a lid member wall rib (i.e., “rib 9”; Shinada: ¶0006-0011, Fig. 4 & 8B) is formed on the lid member (i.e., “cover body 4”; Shinada: ¶0006-0011, Fig. 4 & 8B) so as to surround the atmosphere communication port (i.e., “11”; Shinada: ¶0006-0011; Fig. Fig. 4 & 8B), and
a partition member wall rib (i.e., “43”; Shinada: ¶0028, Fig. 8B) is formed on the partition member (i.e., “spacer 30”; Shinada: ¶0014-0019, Fig. 4 & 8A-B).
With respect to Claim 9, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 8, wherein a notch (i.e., any of the notches formed in “43”; Shinada: Fig. 8A) is formed at a portion of the partition member wall rib (i.e., “43”; Shinada: ¶0028, Fig. 8B).
With respect to Claim 10, Shinada teaches the cartridge according to claim 8 (Shinada: Abstract; Fig. 4 & 8B), wherein the lid member wall rib (i.e., “rib 9”; Shinada: ¶0006-0011, Fig. 4 & 8B) and the partition member wall rib (i.e., “43”; Shinada: ¶0028, Fig. 8B) abut on each other (Shinada: ¶0006-0011, ¶0028; Fig. 8B).
With respect to Claim 11, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 7, wherein the atmosphere communication port (i.e., “11”; Shinada: ¶0006-0011; Fig. Fig. 4 & 8B) communicates with a print head configured to eject liquid (i.e., “recording head 20” which communicates with the cartridge (including the “atmosphere communication port 11”) via “ink supply port 5”; Shinada: ¶0006-0011, Fig. 6 & Fig. 8B). Note that Fig. 6 shows the atmosphere communication port of the cartridge communicating with a printhead, however in this figure the cartridge is using an alternate embodiment with a different partition member (whereas Fig. 8B shows the partition member discussed throughout this report). The cartridge in Fig. 8B, and its atmosphere communication port therein, would communicate with the printhead in a similar manner as depicted in Fig. 6.
With respect to Claim 12, Shinada teaches the cartridge (Shinada: Abstract; Fig. 4 & 8B) according to claim 1, the cartridge (Shinada: Abstract; Fig. 4 & 8B) comprising a member (an additional one of the “plurality of spacers 30”; Shinada: ¶0014-0019, Fig. 4 & 8A-B) disposed between the lid member (i.e., “cover body 4”; Shinada: ¶0006-0011, Fig. 4 & 8B) and the partition member (i.e., “spacer 30”; Shinada: ¶0014-0019, Fig. 4 & 8A-B). Shinada teaches: “For providing rigidity for maintaining the entire shape of the spacer 30, and a plurality of spacers 30 are provided as necessary” (Shinada: ¶0014-0019).
Shinada is silent on a tubular member, only teaching the member and not its shape.
It would have been an obvious matter of design choice to shape the member to be tubular, since the applicant has not disclosed that the member’s shape solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the member shaped as depicted in Fig. 8A, element “30”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Young et al. (US 2003058315 A1) teaches: An ink cartridge including an ink storage chamber in which ink is stored, a cover to cover the upper portion of the ink storage chamber and a head to eject ink droplets in the ink storage chamber onto a recording medium, wherein the cover includes an inner cover to cover the upper portion of the ink storage chamber and an outer cover that seals the ink storage chamber and the inner cover, and is positioned at a predetermined distance above the inner cover. Also provided are plates to form zigzag air passages by blocking a space between the inner cover and the outer cover. With the ink cartridge according to the present invention, it is possible to satisfactorily suppress the backward flow of ink contained in an ink storage chamber due to overheating of or careless treatment of the ink cartridge. Even if ink flows backward from the ink storage chamber, it is stored in an ink storage space, thus preventing the clogging of an air passage. Further, air entering the ink storage space is filtered, passing through the air passage, and additional components are not required to seal up an opening to which ink is supplied. For this reason, manufacturing costs can be reduced and a manufacturing process can be simplified.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHLOMIT CHELST whose telephone number is (571)272-0832. The examiner can normally be reached on M-F from 8:30 am to 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, Ricardo Magallanes, can be reached at telephone number 571-272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/RICARDO I MAGALLANES/ Supervisor Patent Examiner, Art Unit 2853
/SHLOMIT CHELST/ Examiner, Art Unit 2853