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 .
Vacated Office Action
The Office Action mailed December 15, 2025 has been vacated in favor of the Office Action below.
Double Patenting
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.
Claims 8 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of U.S. Patent No. 10,829,329. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that Claims 8 and 10 are included in and/or can be gleaned from Claim 1 of U.S. Patent No. 10,829,329.
Specifically, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the printing apparatus, comprising: a printing unit configured to perform printing on a sheet supplied from a roll sheet; a driving unit configured to rotate the roll sheet in a first direction to supply the sheet to the printing unit and a second direction opposite to the first direction; and a detecting unit configured to detect the sheet separated from an outer circumference of the roll sheet, an acquiring unit configured to acquire a rotational angle of the roll sheet, and a display unit configured to display a message for urging a user to perform a manual sheet feeding in a case that the detecting unit cannot detect the sheet of the roll sheet rotating in the second direction as set forth in Claim 8 of the instant invention; and the first rotational angle acquired by the acquiring unit at the time of detection of the sheet by the detecting unit and a second rotational angle acquired by the acquiring unit at the time of subsequent detection of the sheet by the detecting unit are equal to or less than a predetermined value, the driving unit rotates the roll sheet in the first direction as set forth in Claim 10 of the instant invention corresponds to the sheet supplying apparatus, comprising: a driving unit configured to cause a roll including a wound consecutive sheet to rotate in a first direction for feeding the sheet or a second direction opposite to the first direction; a sensor that detects a leading end portion of the sheet separated from an outer circumferential surface of the roll; a contact body that presses the outer circumferential surface of the roll; and an acquiring unit configured to acquire a rotational angle of the roll, wherein, before the sheet is fed, in a state in which the contact body presses the outer circumferential surface of the roll, the driving unit causes the roll to continuously rotate in the second direction until, in repetitive detection of the leading end portion by the sensor, a phase difference between a first rotational angle acquired by the acquiring unit when first detection is performed, and a second rotational angle acquired by the acquiring unit when second detection subsequent to the first detection is performed is less than a predetermined value as set forth in Claim 1 of U.S. Patent No. 10,829,329.
Claims 8-9, 11, 16, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-2, 7-8, 12-13 and 18 of U.S. Patent No. 11,577,927. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that Claims 8-9, 11, 16, and 18 are included in and/or can be gleaned from Claims 1-2, 7-8, 12-13, and 18 of U.S. Patent No. 11,577,927.
Specifically, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the printing apparatus, comprising: a printing unit configured to perform printing on a sheet supplied from a roll sheet; a driving unit configured to rotate the roll sheet in a first direction to supply the sheet to the printing unit and a second direction opposite to the first direction; and a detecting unit configured to detect the sheet separated from an outer circumference of the roll sheet, an acquiring unit configured to acquire a rotational angle of the roll sheet, and a display unit configured to display a message for urging a user to perform a manual sheet feeding in a case that the detecting unit cannot detect the sheet of the roll sheet rotating in the second direction; and the printing unit comprises an ejection unit configured to eject ink while moving in a direction intersecting with a conveyance direction of the sheet as set forth in Claims 8 and 18 respectively, of the instant invention corresponds to the inkjet printing apparatus, comprising: a holding unit configured to hold a roll sheet on which a sheet is wound; an ejection unit configured to eject ink on the sheet fed from the roll sheet; a driving unit configured to rotate the roll sheet in a first direction for feeding the sheet from the roll sheet to the ejection unit and a second direction opposite to the first direction; an acquiring unit configured to acquire a rotational angle of the roll sheet; and a detecting unit configured to detect a leading end portion of the roll sheet, wherein the driving unit rotates the roll sheet in the second direction until a phase difference between a first rotational angle when the detecting unit detects the leading end portion of the roll sheet and a second rotational angle when the detecting unit detects the leading end portion of the roll sheet following the detection of the first rotational angle is less than a predetermined value as set forth in Claim 1 of U.S. Patent No. 11,577,927.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the detecting unit detecting the sheet while the roll sheet is rotated by the driving unit in the second direction, the driving unit rotates the roll sheet in the first direction as set forth in Claim 9 of the instant invention corresponds to the leading end portion is not detected by the detecting unit even when the roll sheet performs more than one rotation in the second direction, the driving unit stops the rotation of the roll sheet in the second direction as set forth in Claim 2 of U.S. Patent No. 11,577,927.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the printing unit configured to perform printing on a sheet supplied from a roll sheet; a driving unit configured to rotate the roll sheet in a first direction to supply the sheet to the printing unit and a second direction opposite to the first direction; and a detecting unit configured to detect the sheet separated from an outer circumference of the roll sheet, an acquiring unit configured to acquire a rotational angle of the roll sheet, and a display unit configured to display a message for urging a user to perform a manual sheet feeding in a case that the detecting unit cannot detect the sheet of the roll sheet rotating in the second direction; and the ejection unit configured to eject ink while moving in a direction intersecting with a conveyance direction of the sheet as set forth in Claims 8 and 18, respectively, of the instant invention corresponds to the inkjet printing apparatus, comprising: a holding unit configured to hold a roll sheet on which a sheet is wound; an ejection unit configured to eject ink on the sheet fed from the roll sheet a driving unit configured to rotate the roll sheet in a first direction for feeding the sheet from the roll sheet to the ejection unit and a second direction opposite to the first direction; and a detecting unit configured to detect a leading end portion of the roll sheet, wherein an output of the detecting unit varies in accordance with a distance between the detecting unit and a portion of the sheet on an outer circumferential surface of the roll sheet, and wherein the driving unit rotates the roll sheet in the second direction until a phase difference between a first rotational angle when the detecting unit detects the leading end portion of the roll sheet and a second rotational angle when the detecting unit detects the leading end portion of the roll sheet following the detection of the first rotational angle is less than a predetermined value; and the acquiring unit configured to acquire a rotational angle of the roll sheet as set forth in Claims 7 and 8, respectively, of U.S. Patent No. 11,577,927.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the printing apparatus, comprising: a printing unit configured to perform printing on a sheet supplied from a roll sheet; a driving unit configured to rotate the roll sheet in a first direction to supply the sheet to the printing unit and a second direction opposite to the first direction; and a detecting unit configured to detect the sheet separated from an outer circumference of the roll sheet, an acquiring unit configured to acquire a rotational angle of the roll sheet, and a display unit configured to display a message for urging a user to perform a manual sheet feeding in a case that the detecting unit cannot detect the sheet of the roll sheet rotating in the second direction; and the holding unit configured to rotatably hold the roll sheet in a predetermined position as set forth in Claims 8 and 11, respectively, of the instant invention corresponds to the inkjet printing apparatus, comprising: a holding unit configured to hold a roll sheet on which a sheet is wound; an ejection unit configured to eject ink on the sheet fed from the roll sheet; a driving unit configured to rotate the roll sheet in a first direction for feeding the sheet from the roll sheet to the ejection unit and a second direction opposite to the first direction; and an acquiring unit configured to acquire a rotational angle of the roll sheet, wherein based on information related to setting of the roll sheet in the holding unit, the driving unit rotates the roll sheet in the second direction to wind the roll sheet tightly and thereafter rotates the roll sheet in the first direction as set forth in Claim 12 of U.S. Patent No. 11,577,927.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the detecting unit detects the sheet while the roll sheet is rotated by the driving unit in the second direction, the driving unit rotates the roll sheet in the first direction as set forth in Claim 9 of the instant invention corresponds to the detecting unit configured to detect a leading end portion of the roll sheet, wherein based on an output from the detecting unit, the driving unit switches the rotation of the roll sheet from the second direction to the first direction as set forth in Claim 13 of U.S. Patent No. 11,577,927.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the guide unit configured to guide from below the sheet supplied from the roll sheet to the printing unit; and a contact unit supported by the guide unit and in contact with the outer circumference of the roll sheet rotating in the second direction as set forth in Claim 16 of the instant invention corresponds to the guide that supports the sheet fed from the roll sheet as set forth in Claim 18 of U.S. Patent No. 11,577,927.
Claims 8, 11-13, 15-17, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 12 and 13 of U.S. Patent No. 11,577,927 to Suzuki et al, hereinafter “Suzuki ‘927”, in view of Suzuki et al (U.S. Patent Application Publication No. 2016/0136981), hereinafter “Suzuki ‘981”.
With respect to Claim 8, Suzuki ‘927, Figures 1-11, teaches a printing apparatus, comprising:
a printing unit configured to perform printing on a sheet supplied from a roll sheet;
a driving unit configured to rotate the roll sheet in a first direction to supply the sheet to the printing unit and a second direction opposite to the first direction; and
a detecting unit configured to detect the sheet separated from an outer circumference of the roll sheet,
an acquiring unit configured to acquire a rotational angle of the roll sheet.
Suzuki ‘927 teaches all the elements of the printing apparatus except for
a display unit configured to display a message for urging a user to perform a manual sheet feeding in a case that the detecting unit cannot detect the sheet of the roll sheet rotating in the second direction.
However, Suzuki ‘981, teaches a display unit 20 configured to display a message for urging a user to perform a manual sheet feeding in a case that the detecting unit cannot detect the sheet of the roll sheet rotating in the second direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Suzuki ‘927 with a display unit, as taught by Suzuki ‘981, for the purpose of allowing a user to determine the current status of the printing apparatus.
With respect to Claim 11, Suzuki ‘927 further teaches a holding unit configured to rotatably hold the roll sheet in a predetermined position.
With respect to Claim 12, Suzuki ‘927 further teaches a sensor configured to detect setting of the holding unit, wherein after the sensor detects the setting of the holding unit, the driving unit rotates the roll sheet in the second direction. See Claim 12.
With respect to Claim 13, Suzuki ‘981 further teaches wherein the holding unit is provided in upper and lower stages.
With respect to Claim 15, Suzuki ‘981 further teaches wherein before the message is displayed on the display unit, the roll sheet rotates three or more rotations in the second direction.
With respect to Claim 16, Suzuki ‘981 further teaches a guide unit configured to guide from below the sheet supplied from the roll sheet to the printing unit; and a contact unit supported by the guide unit and in contact with the outer circumference of the roll sheet rotating in the second direction.
With respect to Claim 17, Suzuki ‘981 further teaches wherein the detecting unit 301 is provided on the guide unit.
With respect to Claim 19, Suzuki ‘981 further teaches wherein the printing unit comprises a full line print head 15 configured to eject ink while the sheet is continuously conveyed.
Claims 8-12, 14, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-5, 7, and 10 of U.S. Patent No. 12,049,374. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that Claims 8-11, 14, and 18 are included in and/or can be gleaned from Claims 1-4, 7, and 10 of U.S. Patent No. 12,049,374.
Specifically, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the printing apparatus, comprising: a printing unit configured to perform printing on a sheet supplied from a roll sheet; a driving unit configured to rotate the roll sheet in a first direction to supply the sheet to the printing unit and a second direction opposite to the first direction; and a detecting unit configured to detect the sheet separated from an outer circumference of the roll sheet, an acquiring unit configured to acquire a rotational angle of the roll sheet, and a display unit configured to display a message for urging a user to perform a manual sheet feeding in a case that the detecting unit cannot detect the sheet of the roll sheet rotating in the second direction; a holding unit configured to rotatably hold the roll sheet in a predetermined position; and the sensor configured to detect setting of the holding unit, wherein after the sensor detects the setting of the holding unit, the driving unit rotates the roll sheet in the second direction as set forth in Claim 8 and 11-12 of the instant invention corresponds to the printing apparatus, comprising: a printing unit configured to perform printing on a sheet supplied from a roll sheet; a driving unit configured to rotate the roll sheet in a first direction to supply the sheet to the printing unit and a second direction opposite to the first direction; a detecting unit configured to detect the sheet separated from an outer circumference of the roll sheet; an acquiring unit configured to acquire a rotational amount of the roll sheet; and a control unit configured to control the printing unit and the driving unit, wherein a message is controlled to be displayed by the control unit in a case in which the detecting unit cannot detect the sheet separated from the roll sheet rotated in the second direction until a rotation amount acquired by the acquiring unit reaches a predetermined rotation amount; and the manipulation panel provided above the holding unit and configured to display a message as set forth in Claims 1 and 5 of U.S. Patent No. 12,049,374.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the detecting unit detects the sheet while the roll sheet is rotated by the driving unit in the second direction, the driving unit rotates the roll sheet in the first direction as set forth in Claim 9 of the instant invention corresponds to the wherein in a case in which the detecting unit detects the sheet while the roll sheet is rotated in the second direction, the driving unit rotates the roll sheet in the first direction as set forth in Claim 2 of U.S. Patent No. 12,049,374.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the first rotational angle acquired by the acquiring unit at the time of detection of the sheet by the detecting unit and a second rotational angle acquired by the acquiring unit at the time of subsequent detection of the sheet by the detecting unit are equal to or less than a predetermined value, the driving unit rotates the roll sheet in the first direction as set forth in Claim 10 of the instant invention corresponds to the first rotation amount acquired by the acquiring unit at the time of detection of the sheet by the detecting unit and a second rotation amount acquired by the acquiring unit at the time of subsequent detection of the sheet by the detecting unit are equal to or less than a predetermined value, the driving unit rotates the roll sheet in the first direction as set forth in Claim 3 of U.S. Patent No. 12,049,374.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the holding unit configured to rotatably hold the roll sheet in a predetermined position as set forth in Claim 11 of the instant invention corresponds to the holding unit configured to rotatably hold the roll sheet in a predetermined position as set forth in Claim 4 of U.S. Patent No. 12,049,374.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the wherein the user can input a size of the sheet through the display unit as set forth in Claim 14 of the instant invention corresponds to the manipulation panel configured to input a size of the roll sheet as set forth in Claim 7 of U.S. Patent No. 12,049,374.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the ejection unit configured to eject ink while moving in a direction intersecting with a conveyance direction of the sheet as set forth in Claim 18 of the instant invention corresponds to the ejection unit configured to eject ink as set forth in Claim 10 of U.S. Patent No. 12,049,374.
Claims 13, 15-17, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-5, 7, and 10 of U.S. Patent No. 12,049,374 to Suzuki et al, hereinafter “Suzuki ‘374”, in view of Suzuki et al (U.S. Patent Application Publication No. 2016/0136981), hereinafter “Suzuki ‘981”.
With respect to Claim 13, Suzuki ‘374 is advanced above.
Suzuki ‘374 teaches all the elements of the printing apparatus except for
wherein the holding unit is provided in upper and lower stages.
However, Suzuki ‘981, Figures 1-11, teaches
wherein the holding unit is provided in upper 200 and lower 200 stages. See Figure 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Suzuki ‘374 with upper and lower stages, as taught by Suzuki ‘981, for the purpose of having a roll on standby as the other roll is depleted thereby minimizing the time the printer is down.
With respect to Claim 15, Suzuki ‘981 further teaches wherein before the message is displayed on the display unit, the roll sheet rotates three or more rotations in the second direction.
With respect to Claim 16, Suzuki ‘981 further teaches a guide unit configured to guide from below the sheet supplied from the roll sheet to the printing unit; and a contact unit supported by the guide unit and in contact with the outer circumference of the roll sheet rotating in the second direction.
With respect to Claim 17, Suzuki ‘981 further teaches wherein the detecting unit 301 is provided on the guide unit.
With respect to Claim 19, Suzuki ‘981 further teaches wherein the printing unit comprises a full line print head 15 configured to eject ink while the sheet is continuously conveyed.
Conclusion
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/WILLIAM A. RIVERA/Primary Examiner, Art Unit 3654