DETAILED ACTION
Election/Restrictions
Claim 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/31/2025. In response, the Requirement for Restriction between the invention according to claims 1-19 and the invention according to claim 20 is withdrawn. The Requirement for Election of Species is maintained. While Applicant argues no undue burden would be incurred in allowing all species to be searched, Examiner maintains that all species have patentably distinct configurations that, if searched properly, would entail non-overlapping search, which would result in a serious search burden.
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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “unit” in all claims.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claim 2 is 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. The recitations of upstream and downstream positions is indefinite because the invention is directed to a closed-loop circulation system where any component can be said to be either upstream or downstream of any other component. Clarification is required.
Because claims 3 and 4 depend from claim 2, they are also rejected on this basis.
Claims 3 and 6 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. The claim recites a position “between” the first pump and the second pressure control chamber. Again, because the circulation system is a closed-loop, any component can be said to be “between” any two other components as far as the circulation of liquid goes. Clarification is required.
Because claims 3 and 4 depend from claim 2, they are also rejected on this basis.
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.
Claim(s) 1-11, 14-16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yokota et al. (2010/0085396).
Regarding claim 1, Yokota teaches the liquid ejection apparatus comprising:
a first pressure control chamber (fig. 7, item 120) controlled to have a first negative pressure (see fig. 7, note that pump 152 can operate in both directions, creating either negative or positive pressure in the first control chamber);
a second pressure control chamber (fig. 7, item 130) connected to the first pressure control chamber through a flow path (fig. 7, item 180) and controlled to have a second negative pressure less than the first negative pressure (fig. 7, note that if pump 152 sucks the inside of 130, 130 will have a lower negative pressure than 120);
an ejection unit (fig. 7, item 50) configured to eject, from an ejection opening, liquid supplied from the first pressure control chamber and collect, to the second pressure control chamber, liquid not ejected from the ejection opening ([0071]);
a supply unit (fig. 7, item 102/142) configured to supply stored liquid to the first pressure control chamber and collect liquid from the first pressure control chamber, the second pressure control chamber, and the ejection unit (see fig. 7, note that supply unit 102 supplies all liquid to the system, and liquid that has been in any of the first and second pressure control chambers and the ejection unit can be fed back to the supply unit); and
a circulation control unit (fig. 7, item 152) configured to control circulation of liquid among the first pressure control chamber, the second pressure control chamber, the ejection unit, and the supply unit (see fig. 7), wherein the circulation control unit is configured to execute:
first circulation in which liquid flows from the first pressure control chamber, passes through the ejection unit and the second pressure control chamber, and then returns to the first pressure control chamber by using a pressure difference between the first pressure control chamber and the second pressure control chamber (see fig. 7, note that when pump 152 is driven in a reverse direction to create a negative pressure in pressure control chambers 120, 130, valves 162, 172 are open, valve 182 is closed and pump 142 is not driven, this is the case); and
second circulation in which liquid is collected from the first pressure control chamber, the second pressure control chamber, and the ejection unit to the supply unit without being controlled by negative pressures corresponding to the first pressure control chamber and the second pressure control chamber, respectively, while liquid is supplied to the first pressure control chamber (see fig. 7, Note that when pump 142 is driven in a forward direction to circulate ink through the first chamber 120, the ejection unit 50, second chamber 130 and back to the supply unit 102, the limitation is met).
Furthermore, it should be noted that, according to MPEP 2114, apparatus claims cover what a device is, not what a device does. Here, all structural limitations claimed are taught by Yokota, and thus the first and second circulations cover what the device does, not what it is.
Regarding claim 2, Yokota teaches the liquid ejection apparatus according to claim 1, wherein the flow path connecting the first pressure control chamber to the second pressure control chamber includes a flow path capable of transferring liquid from the first pressure control chamber to the second pressure control chamber by a first pump (fig. 7, item 152), and in the second circulation, liquid in the first pressure control chamber, the second pressure control chamber, and the ejection unit is collected from a predetermined position upstream of the first pump (fig. 7, position in supply unit 102) and downstream of a pressure chamber (fig. 7, pressure chamber of nozzle in head 50) in which liquid is provided with energy to eject liquid from the ejection opening in the ejection unit in a direction of liquid flow in the first circulation (see fig. 7, Note that liquid in the head 50 is ejected with energy).
Regarding claim 3, Yokota teaches the liquid ejection apparatus according to claim 3, wherein the predetermined position is positioned between the first pump and the second pressure control chamber (see fig. 7, Note that when liquid travels from the second pressure control chamber to the predetermined position in supply unit and then through the first pump, the limitation is met).
Regarding claim 4, Yokota teaches the liquid ejection apparatus according to claim 2, wherein, in the second circulation, the supply unit produces a negative pressure to collect liquid, and a negative pressure value applied to the second pressure control chamber by the supply unit in the second circulation is greater than a negative pressure value applied to the second pressure control chamber by the first pump in the first circulation ([0105], see fig. 7, Note that the negative pressure applied by supply nuit pump 142 when driven in reverse to apply negative pressure to the second pressure control chamber 130 is necessarily more than when first pump 152 creates a negative pressure in second pressure control unit because the path between the former is longer than that of the latter).
Regarding claim 5, Yokota teaches the liquid ejection apparatus according to claim 1, wherein the flow path connecting the first pressure control chamber to the second pressure control chamber includes a flow path capable of transferring liquid from the first pressure control chamber to the second pressure control chamber by a first pump (fig. 7, item 142), and in the second circulation, liquid in the first pressure control chamber, the second pressure control chamber, and the ejection unit is collected from a predetermined position downstream of the first pump and upstream of a pressure chamber in which liquid is provided with energy to eject liquid from the ejection opening in the ejection unit in a direction of liquid flow in the first circulation (see fig. 7, Note that when pump 142 is driven in a forward direction to circulate ink through the first chamber 120, the ejection unit 50, second chamber 130 and back to the supply unit 102, the limitation is met).
Regarding claim 6, Yokota teaches the liquid ejection apparatus according to claim 5, wherein the predetermined position is positioned between the first pump and the first pressure control chamber (see fig. 7, Note that when liquid travels from the first pump to the supply unit and back to the first pressure control chamber, the limitation is met).
Regarding claim 7, Yokota teaches the liquid ejection apparatus according to claim 1, wherein the supply unit comprises: a storage unit (fig. 7, item 102) configured to store liquid; and a second pump (fig. 7, item 142) configured to transfer, to the first pressure control chamber, liquid stored in the storage unit and collected liquid (see fig. 7).
Regarding claim 8, Yokota teaches the liquid ejection apparatus according to claim 7, wherein in execution of the first circulation, the supply unit permits transfer of liquid stored in the storage unit to the first pressure control chamber and prohibits inflow of collected liquid ([0128], see fig. 7, note that when valve 154 is closed and valve 146 is open, this is the case), and in execution of the second circulation, the supply unit prohibits transfer of liquid stored in the storage unit to the first pressure control chamber and permits inflow of collected liquid ([0114], see fig. 7, note that when valve 146 is closed and valve 154 is open, this is the case).
Regarding claim 9, Yokota teaches the liquid ejection apparatus according to claim 7, wherein the supply unit further comprises a storage section (fig. 7, item 102) configured to store collected liquid, and in the second circulation, liquid collected and flowing into the supply unit flows into the storage section and is then transferred from the storage section to the first pressure control chamber by the second pump ([0127] see fig. 7).
Regarding claim 10, Yokota teaches the liquid ejection apparatus according to claim 7, wherein in the second circulation, liquid collected and flowing into the supply unit flows into the storage unit and liquid is transferred from the storage unit to the first pressure control chamber by the second pump ([0127] see fig. 7).
Regarding claim 11, Yokota teaches the liquid ejection apparatus according to claim 1, wherein each of the first pressure control chamber and the second pressure control chamber comprises: a pressure control mechanism ([0102], note that gas in the gas chambers 124, 134 is being taken to be the pressure control mechanism) configured to control a pressure inside the chamber controlled to a negative pressure ([0102]); and a change film configured to change a volume of the chamber according to the pressure inside the chamber ([0102]).
Regarding claim 14, Yokota teaches the liquid ejection apparatus according to claim 1, wherein a bubble storage unit (fig. 7, item 144) configured to store a bubble produced in liquid is provided in at least one of a position between the first pressure control chamber and the ejection unit and a position between the second pressure control chamber and the ejection unit (see fig. 7, Note that when counterclockwise circulation is executed, the deaeration unit 144 is between the second pressure control chamber and the ejection unit in the circulation path).
Regarding claim 15, Yokota teaches the liquid ejection apparatus according to claim 1, wherein the first circulation is executed during an operation of ejecting liquid from the ejection opening ([0127]-[0128]).
Regarding claim 16, Yokota teaches the liquid ejection apparatus according to claim 1, wherein the second circulation is executed at a timing at which a period during which an operation of ejecting liquid from the ejection opening is not executed exceeds a predetermined period ([0121]).
Regarding claim 19, Yokota teaches the liquid ejection apparatus according to claim 1, wherein 19. the liquid ejection apparatus is capable of ejecting a plurality of liquids, the first pressure control chamber, the second pressure control chamber, the ejection unit, and the supply unit are provided for each of the liquids, and the circulation control unit executes the first circulation for all the liquids and executes the second circulation for a predetermined liquid ([0004], Note that each of the color inks has a dedicated circulation path as shown in figure 7).
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(s) 12, 13, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yokota in view of Yabe et al. (2023/0406000)
Regarding claim 12, Yokota teaches the liquid ejection apparatus according to claim 11. Yokota does not teach wherein the pressure control mechanism comprises: an orifice to allow liquid to flow into the chamber; a valve which opens the orifice to allow liquid to flow into the chamber in a case where the pressure inside the chamber becomes equal to or less than a predetermined pressure by outflow of liquid from the chamber, and closes the orifice to prevent liquid from flowing into the chamber in a case where the pressure inside the chamber exceeds the predetermined pressure by inflow of liquid into the chamber; and a spring which biases the change film in a direction in which the volume of the chamber increases. Yabe teaches this (Yabe, see fig. 5, Note pressure control chambers 120, 150 with valves, orifices, springs that function in the claimed manner). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the specifics of the pressure control chambers disclosed by Yabe with the circulation system disclosed by Yokota because doing so would amount to combining prior art elements according to known methods to yield predictable results. In other words, the air-regulated pressure control chambers disclosed by Yokota and the valve-controlled units disclosed by Yabe were well known alternatives at the time of invention, and thus to opt for one over the other would have amount to a simple design choice.
Regarding claim 13, Yokota in view of Yabe teaches the liquid ejection apparatus according to claim 12, wherein the volume of the second pressure control chamber in a case where the spring expands corresponds to an amount of liquid capable of eliminating sedimentation of contained material of liquid created between the second pressure control chamber and the first pressure control chamber by liquid flow in the second circulation (Yabe, see fig. 5, Note that this is necessarily the case as the whole circulation system is arranged so as to eliminate such sedimentation. That is, if this was not the case, the prior art would not function as intended).
Regarding claim 17, Yokota teaches the liquid ejection apparatus according to claim 1. Yokota does not teach wherein the first pressure control chamber, the second pressure control chamber, and the ejection unit are integrally provided in a liquid ejection head together with a flow path for liquid circulation. Yabe teaches this (Yabe, see fig. 6, Note that all components listed are part of head 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the listed components on the head itself, as disclosed by Yabe, instead of separately, as described by Yokota, because doing so would amount to the simple substitution of one known head arrangement for another to obtain predictable results.
Regarding claim 18, Yokota in view of Yabe teaches the liquid ejection apparatus according to claim 17, wherein the liquid ejection head ejects liquid from the ejection opening in the ejection unit while moving in a predetermined direction (Yabe, fig. 1, X direction).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEJANDRO VALENCIA whose telephone number is (571)270-5473. The examiner can normally be reached M-F.
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/ALEJANDRO VALENCIA/Primary Examiner, Art Unit 2853