Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
2. 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.
3. Claim 1 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. Examiner is unsure as to how a blade slide. There is no structural features or devices claimed to provide the blade the capability or the function of of sliding. A blade alone does not have the capability of sliding or to travel, if so, such device to provide such feature has not been claimed.
Also, the Examiner is unsure as to how the blade tip portion is utilized along the nozzle surface when there is no structure claimed to tilt the blade. There is no device claimed to tilt the blade as it slides or travels along the surface of the nozzles. A blade cannot tilt itself. A blade has four edges. To utilize an edge it must be tilted by a device or structure for it to slide or travel along the surface of the nozzles.
4. Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are the structural features to provide the blade the capability of sliding/traveling along the nozzle surface of an inkjet head and to provide the blade the capability of utilizing the tip portion of the blade.
5. Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: The structural devices that provide sliding or traveling of a blade and there are not devices claimed to provide a tilted blade. The structural relationship between the two are not claimed. In other words., the relationship as to how these device work together to provide a tilted sliding/traveling blade along the nozzle surface face.
The remaining claims are objected to due to its dependency on the rejected claims.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claim(s) 1- 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawamata et al. (2024/0173979).
Kawamata et al. discloses the following claimed limitations:
* Re clm 1, an inkjet recording apparatus (Abst., figs 1-25);
* a blade/82, wiping unit, 80/ sliding in a predetermined traveling direction along a nozzle surface of an inkjet head/head unit 11, inkjet head 12// in a state where a tip end portion is pressed against the nozzle surface/12F/, and a receiving member/84/ provided at a sliding end position of the blade/82/ and receiving a waste liquid discharged from the blade (paras 0049. 0051-0061, 0076-0077, figs 11-14, 21-25).
* Re clm 2, wherein the receiving member/84/ has a front part facing the blade on a front side in the traveling direction (paras 0051-0061, 0076-0077, 0084, figs 11-14, 21-25).
* Re clm 3, wherein the receiving member/84/ has a surrounding part which surrounds at least one side of lateral sides and an upper side of the blade/82/ positioned at the sliding end position (paras 0051-0061, 0076-0077, 0084, figs 11-14, 21-25).
* Re clm 4, a receptacle/protruding member 91 receiving the waste liquid fallen from the receiving member/84/ (paras 0051-0061, 0076-0077, 0084, figs 11-14, 21-25)./
* Re clm 5, wherein a lower side of the receiving member /is opened. (paras 0051-0061, 0059, 0076-0077, 0084, figs 11-14, 21-25).
* Re clm 6, a lifting mechanism which lifts and lower the inkjet head/12/ relatively with respect to a conveyance path along which a sheet is conveyed (para 0052, 0071, fig 16-18
* a wipe sliding mechanism which slides the receptacle/91/ to a maintenance position below the inkjet head relatively lifted by the lifting mechanism and a home position on a lateral side of the maintenance position (paras 0072, 0052, 0071-0073, figs 16-22);
* wherein the receiving member is supported by the receptacle, and the wipe sliding mechanism retracts the receptacle to the home position when an image forming operation is performed (paras 0052, 0071-0079, figs 16-22).
* Re clm 7, wherein the blade is bending-deformed by being pressed against the nozzle surface, and the bending deformation is released when the blade is separated from the nozzle surface at the sliding end position (paras 0052, 0058-0059-0079, figs 11-25).
* Re clm 8, wherein the receiving member is in contact with the inkjet head/12/ except for the nozzle surface/12F/ when the receptacle is moved the maintenance position and then the inkjet head is lowered(paras 0052, 0058-0059-0079, figs 11-25).
Double Patenting
9. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
10. Claims 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 & 7 of copending Application No.18/523817 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 of the instant application are anticipated by claims 1 & 7 of the co pending application 18/523817. The remaining claims are objected to due to its dependency on the rejected claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTAL FEGGINS whose telephone number is (571)272-2254. The examiner can normally be reached M-F 930-530pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Douglas 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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/KRISTAL FEGGINS/Primary Examiner, Art Unit 2853