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) 7, 10-12 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.
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimizu et al (U.S. Pub. 2002/0105560)
Regarding claim 7, an ink jet printer comprising: a head to eject ink from an ejection port on a lower surface (Figure 1; Paragraph 0044)
A wiper (11) to wipe an ejection surface of the head (Figures 7-11; Paragraph 0070)
A wiper moving mechanism (wiper will be moved in vertical direction) to move the wiper to a wiping position (set state) of the ejection surface and a standby position (reset state) separated from the lower surface of the head (Figures 7-11; Paragraphs 0070, 0075)
A lifting mechanism (actuator) to lift and lower the wiper at both of the wiping position and the standby position (Figures 7-11; Paragraph 0070)
An absorber (12; Paragraph 0050) held at a position at least above the standby position (12 is above the reset position of the wiper; Figures 6, 11) by an absorber holder (held on the capping device) at the standby position or in a vicinity of the standby position in order to, when an upper surface of the wiper is brought into contact with the absorber in a state where the wiper is moved to the standby position (reset position; Figures 10-11; Paragraph 0076) by the wiper moving mechanism and is lifted by the lifting mechanism (the wiper well be moved vertically up then down throughout the wiping process), absorb and remove wiper ink adhering to the upper surface of the wiper (Figures 6-11; Paragraphs 0070, 0075-0079)
Wherein the wiper wipes the ejection surface by the head scanning in a main scanning direction while the wiper is in contact with the head at the wiping position (Figures 1, 7-11; Paragraphs 0070, 0075; the carriage is moved toward the print region [main scanning direction] when the wiping member slidably comes in contact with the nozzle surface)
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The primary reason for the allowance of claims 10-11 is the inclusion of the limitation of the absorber has a sheet shape, and is held by the absorber holder to be deployed at least above the standby position; and the absorber holder includes a receiver to support a lower surface of the absorber deployed in a horizontal direction, in a region other than a contact region with the wiper, and a lid openably/closably attached to the receiver and operatable to cover an upper surface of the absorber at least in the contact region with the wiper. It is this limitation found in each of the claims, as it is claimed in the combination, that has not been found, taught or suggested by the prior art of record which makes these claims allowable over the prior art.
The primary reason for the allowance of claim 12 is the inclusion of the limitation of a movable ink receiving container to communicate from the wiping position to the standby position, including an opened upper portion, and operable to be lifted and lowered by the lifting mechanism; and a wiper holder housed in the movable ink receiving container to be movable in a communication direction of the movable ink receiving container and to hold the wiper; wherein the wiper moving mechanism is operable to move the wiper between the wiping position and the standby position by moving the wiper holder in the communication direction; and the lifting mechanism is operable to lift and lower the wiper by lifting and lowering the movable ink receiving container. It is this limitation found in each of the claims, as it is claimed in the combination, that has not been found, taught or suggested by the prior art of record which makes these claims allowable over the prior art.
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.
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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 May 6, 2026
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