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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 13 January 2026 is acknowledged.
Claims 3 and 4 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 13 January 2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 13 May 2024 has been considered by the examiner.
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.
(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 and 5-6 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Haga et al. (US 2023/0117107 – hereinafter Haga.)
Regarding claim 1,
Haga discloses a liquid ejection device [11 in figs. 1-2], comprising:
an ejection portion [ejecting head 23 in fig. 2] having a first accommodation space configured to accommodate a liquid [temporarily while it is either ejected or circulated] and eject the liquid accommodated in the first accommodation space from an ejection port [22 in fig. 2] communicating with the first accommodation space [paragraphs 0040 and 0049];
an accommodating portion [35 in fig. 2] having a second accommodation space [68 in fig. 2] below the ejection port [as seen in fig. 2] and configured to accommodate the liquid to be supplied to the ejection portion, wherein in the accommodating portion, a space above a water level of the liquid accommodated in the second accommodation space communicates with the atmosphere [via opening-to-atmosphere portion 69 in fig. 2; paragraphs 0040-0044];
a lowering processing portion [38 in fig. 2] configured to lower the water level of the liquid accommodated in the accommodating portion with respect to the ejection port [by supplying ink to the ejecting head; paragraphs 0076 and 0184-0186]; and
a circulation processing portion [40 / 36 in fig. 2] configured to circulate the liquid along a circulation path [through passage 39 and first reservoir 33 in fig. 2] passing through the ejection portion after the water level of the liquid is lowered by the lowering processing portion [paragraphs 0045, 0053, 0184-0186 and 0190-0191.]
Regarding claim 5,
Haga further discloses wherein
the lowering processing portion lowers the water level of the liquid in a case where an elapsed time since the last ejection of the liquid by the ejection portion exceeds a predetermined reference time, and
the circulation processing portion circulates the liquid along the circulation path in a case where the elapsed time since the last ejection of the liquid by the ejection portion exceeds the predetermined reference time [please note that since the claim is defined by a conditional limitation (by "in a case"), the claim requirements are met at least when the condition is not satisfied.]
Regarding claim 6,
The steps of this method claim are deemed to be inherent in view of the functions of the apparatus disclosed above, since it would be necessary to perform the claimed method steps in order for the apparatus to perform its intended functions.
Allowable Subject Matter
Claim 2 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2,
The primary reason for allowance for this claim is the inclusion of the limitations of claim 1, further including the liquid ejection device comprising a raising and lowering portion configured to raise and lower the accommodating portion, wherein
the lowering processing portion lowers the water level of the liquid using the raising and lowering portion.
It is these limitations, in combination as claimed, that have not been taught, found, or suggested by prior art.
Communication with the USPTO
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANNELLE M LEBRON whose telephone number is (571) 272-2729. The examiner can normally be reached Monday-Friday: 9:00am - 5:00pm.
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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/JANNELLE M LEBRON/Primary Examiner, Art Unit 2853