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 Group I, claims 1-4 in the reply filed on 19 February 2026 is acknowledged. Claim 5 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 19 February 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The reference cited in the information disclosure statement (IDS) submitted on 01 July 2024, has been considered.
Drawings
The drawings received on 01 July 2024 are accepted.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Examiner’s Note
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Terakado et al. (US 2010/0283808).
With respect to claim 1, Terakado discloses an image forming apparatus, comprising:
an ejection portion (Fig. 1, element 130) which ejects ink (paragraph 0047);
a first ink flow path (Fig. 2 below) which forms a supply path of the ink (Fig. 2, element 230) that reaches the ejection portion (Fig. 2, element 130);
a second ink flow path (Fig. 2 below) which forms a recovery path of waste ink ejected by the ejection portion (Fig. 2, i.e. out of element 130);
a heater (Fig. 2, element 240) which warms the ink at a warming position that is more on an upstream side (Fig. 2 below) of a flowing direction of the ink than the ejection portion on the supply path (paragraph 0061);
an acquisition processing portion (Fig. 1, element 110) which acquires a temperature of the ink in a specific section (Fig. 2, Energy Saving Mode, S101, S102; paragraphs 0064, 0079-0081) from the warming position to the ejection portion on the supply path (Fig. 6, S103; paragraph 0082); and
a flow processing portion (Fig. 1, element 150) which causes, when the temperature of the ink acquired by the acquisition processing portion is smaller than a predetermined threshold value (Fig. 6, element S103 – No), the ink warmed by the heater to flow along the supply path and the recovery path (Fig. 2, element IC1) until the ink reaches the ejection portion (Fig. 6, S201-205; paragraph 0086).
[AltContent: textbox (third ink flow path)]The examiner notes to applicant that the limitations concerning the ink flow paths are broad in scope and would have been obvious to one or ordinary skill in the art in view of Terakado as applied above.
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With respect to claim 2, Terakado discloses the acquisition processing portion (Fig. 1, element 110) acquires, when the image forming apparatus shifts from a first state where image formation is impossible (Fig. 6, S202 – No) to a second state where the image formation is possible (Fig. 6, S204 – Yes), the temperature of the ink in the specific section (Fig. 2, Energy Saving Mode, S101, S102; paragraphs 0079-0081) based on an elapsed time since a previous shift to the first state (paragraph 0064, i.e. waiting phase) and a temperature at an installation position (Fig. 6, S204-Yes) of the image forming apparatus (Fig. 1, element 100).
With respect to claim 3, Terakado discloses a switch processing portion (Fig. 1, element 140) which switches an ink flowing function by the flow processing portion (Fig. 1, element 150) between effective (Fig. 6, S203) and ineffective (Fig. 3, Energy Saving Mode) according to a user operation (Fig. 3, S101 – Yes or No), wherein when the temperature of the ink acquired by the acquisition processing portion (Fig. 1, element 110) is smaller than the threshold value (Fig. 6, element S103 – No), the flow processing portion causes the ink to flow in a case where the ink flowing function is effective (Fig. 6, S204 - Yes) and does not cause the ink to flow in a case where the ink flowing function is ineffective (paragraph 0064).
With respect to claim 4, Terakado discloses an accumulation portion (Fig. 2, element 220) which is provided in the specific section (Fig. 2, Energy Saving Mode, S101, S102; paragraphs 0079-0081) and accumulates the ink (paragraph 0060); and a third ink flow path (Fig. 2 above) which forms a circulation path of the ink that passes through the ejection portion and the accumulation portion together with the first ink flow path (Fig. 2, element IC1), wherein the flow processing portion (Fig. 2, element 150) executes, after the ink warmed by the heater (Fig. 6, S203, Heating By Heater) reaches the accumulation portion by execution of first flow processing for causing the ink to flow along the supply path and the recovery path (Fig. 6, S203, Start Ink Circulation), second flow processing for causing the ink to flow along the circulation path (paragraphs 0079-0087).
Conclusion
In view of the foregoing, the above claims have failed to patentably distinguish over the applied art.
The remaining references listed on forms 892 and 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon in the rejection above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Geoffrey Mruk whose telephone number is (571)272-2810. The examiner can normally be reached M-F 8-4:30 PM.
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, Ricardo Magallanes can be reached at (571) 272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEOFFREY S MRUK/Primary Examiner, Art Unit 2853 04/16/2026
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