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 .
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1)/(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 are 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 are disposed in the first direction [paragraphs 0078-0080], at least one of the second discharge ports being disposed between two 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];
a generation unit configured to generate second application data for applying the second ink from the second discharge port group based on first application data for applying the first ink from the first discharge port group [paragraphs 0087-0088]; and
a control unit configured to control the recording unit to apply the second ink based on the second application data [paragraphs 0087-0088],
wherein the generation unit generates the second application data such that pixels indicating, in the second application data, that the second ink is applied become consecutive in (L + M) pixels (M is an odd number of 1 or more) in the first direction so as to correspond to pixels indicating that the first ink is applied in the first application data and are L consecutive pixels (L is an integer of 1 or more) in the first direction [paragraphs 0087-0088; as seen in fig. 2, color ink droplets are ejected in a 4x4 pattern and the post-processing liquid is ejected in a 5x5 pattern.]
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,083,805. This is a statutory double patenting rejection.
The claims are not patentably distinct from each other because of the following:
Instant application: 18/774,067
US Patent 12,083,805
A recording apparatus comprising:
a recording unit including a first discharge port group in which a plurality of first discharge ports for discharging first ink containing color material to a recording medium are disposed in a first direction and a second discharge port group in which a plurality of second discharge ports for discharging second ink having functionality with respect to the first ink to a recording medium are disposed in the first direction, at least one of the second discharge ports being disposed between two first discharge ports, neighboring each other in the first direction, of the plurality of first discharge ports;
a generation unit configured to generate second application data for applying the second ink from the second discharge port group based on first application data for applying the first ink from the first discharge port group; and
a control unit configured to control the recording unit to apply the second ink based on the second application data,
wherein the generation unit generates the second application data such that pixels indicating, in the second application data, that the second ink is applied become consecutive in (L + M) pixels (M is an odd number of 1 or more) in the first direction so as to correspond to pixels indicating that the first ink is applied in the first application data and are L consecutive pixels (L is an integer of 1 or more) in the first direction.
A recording apparatus comprising:
a recording unit including a first discharge port group in which a plurality of first discharge ports for discharging first ink containing color material to a recording medium are disposed in a first direction and a second discharge port group in which a plurality of second discharge ports for discharging second ink having functionality with respect to the first ink to a recording medium are disposed in the first direction, at least one of the second discharge ports being disposed between two first discharge ports, neighboring each other in the first direction, of the plurality of first discharge ports;
a generation unit configured to generate second application data for applying the second ink from the second discharge port group based on first application data for applying the first ink from the first discharge port group; and
a control unit configured to control the recording unit to apply the second ink based on the second application data,
wherein the generation unit generates the second application data such that pixels indicating, in the second application data, that the second ink is applied become consecutive in (L+M) pixels (M is an odd number of 1 or more) in the first direction so as to correspond to pixels indicating that the first ink is applied in the first application data and are L consecutive pixels (L is an integer of 1 or more) in the first direction.
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.
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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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/JANNELLE M LEBRON/Primary Examiner, Art Unit 2853