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
Applicants’ arguments with respect to claims 1-9 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.
Election/Restrictions
Newly submitted claims 8 and 9 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Newly added claim 8 recites a case where “the first ink is applied to an area of L consecutive pixels (L is an integer of 1 or more) in a second direction crossing the first direction in a plurality of pixel areas on a recording medium, the control unit controls the recording unit to discharge the second ink to the area of the L pixels and an area of M pixels (M is an odd number of 1 or more) continuous from the area of the L pixels in the second direction”, and newly added claim 9 recites a case where “a second discharge port group in which a plurality of discharge ports for discharging second ink having functionality with respect to the first ink to a recording medium is disposed in the first direction at second intervals corresponding to 1/(an integer) of the first intervals” and “the first application data includes data indicating that the first ink is applied to a predetermined pixel area from a first discharge port, the generation unit generates the second application data such that data indicating that the second ink is applied from, in the second discharge port group, a second discharge port corresponding to the first discharge port in a second direction crossing the first direction and a third discharge port neighboring the second discharge port in the first direction.” These limitations create different embodiments and require further search and consideration.
Since applicants have received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 8 and 9 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicants traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 1-7 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Shimura et al. (US 2015/0184011 – hereinafter Shimura.)
Regarding claim 1,
Shimura discloses a recording apparatus comprising:
a recording unit [24A/24B/24C in fig. 4] including a first discharge port group [nozzle array 28U/28D of head 24A in fig. 4] in which a plurality of first discharge ports [30 in fig. 4] for discharging first ink [black ink] containing color material to a recording medium is disposed in a first direction [paragraphs 0078-0080] and a second discharge port group [nozzle array 28D of head 24C in fig. 4] in which a plurality of second discharge ports for discharging second ink [post-treatment fluid] having functionality with respect to the first ink to a recording medium is disposed in the first direction [paragraphs 0078-0080]; and
a control unit configured to control the recording unit to discharge the first ink and the second ink [paragraphs 0087-0088],
wherein, in a case where the first ink is applied to an area of L consecutive pixels (L: an integer of 1 or more) in the first direction in a plurality of pixel areas on a recording medium, the control unit controls the recording unit to apply the second ink to the area of the L pixels and an area of M pixels (M: an odd number of 1 or more) continuous from the area of the L pixels in the first direction [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 2,
Shimura further discloses wherein, on the recording unit, at least one of the second discharge ports is disposed between two of the first discharge ports, neighboring each other in the first direction, of the plurality of first discharge ports [as seen in fig. 4; paragraphs 0076-0088.]
Regarding claim 3,
Shimura further discloses wherein the plurality of first discharge ports of the first discharge port group is disposed at first certain intervals in the first direction [seen in fig.4.]
Regarding claim 4,
Shimura further discloses wherein the plurality of second discharge ports of the second discharge port group is disposed at the first certain intervals in the first direction [as seen in fig. 4.]
Regarding claim 5,
Shimura further discloses wherein the recording unit further includes a third discharge port group in which the plurality of second discharge ports is disposed at the first certain intervals in the first direction [as seen in fig. 3, there’s a plurality of head units 24C in inkjet head 20C], and
wherein the plurality of second discharge ports of the third discharge port group is disposed respectively at locations corresponding to the plurality of first discharge ports of the first discharge port group in the first direction [as seen in figs. 3 and 4.]
Regarding claim 6,
Shimura further discloses wherein the recording unit is capable of applying, by the first discharge port group, the first ink to a recording medium with a first resolution and capable of applying, by the second discharge port group and the third discharge port group, discharging the second ink to a recording medium with a second resolution higher than the first resolution [implicit and well-known that if the print data causes two discharge port groups to apply the second ink, the resolution will be higher than that of the first ink applied by the first discharge port group.]
Regarding claim 7,
Shimura further discloses wherein, in a case where the first ink is applied to an area of N consecutive pixels (N is an integer of 1 or more) in a second direction crossing the first direction, the control unit controls the recording unit to apply the second ink to the area of the N pixels and an area of P pixels (P is an odd number of 1 or more) continuous from the area of the N pixels in the second direction [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.]
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.
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
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