CTNF 18/774,238 CTNF 66841 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Double Patenting 08-30 AIA 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. 08-31 AIA 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. 12,063,336 . This is a statutory double patenting rejection. Information Disclosure Statement The information disclosure statement (IDS) submitted on 16 July 2024 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the statement(s) (has / have) been considered by the examiner as indicated below. The relevance of the cited document(s), not otherwise indicated below, can be found in US Parent Application No. 18/523,626 and in the European Search Report and/or Written Opinion from the EPO dated 30 April 2024 for EP Application No. 23212304.2 (of record). Information Disclosure Statement The information disclosure statement (IDS) submitted on 29 April 2024 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner as indicated below. Applicant has not provided an explanation of relevance of cited document(s) discussed below. Yamanouchi (20170034399 A1) discloses an image processing apparatus such as printer with data acquiring circuitry for acquiring image formation data, where the image formation data includes an image of a process color as a process color image and an image of a spot color as a spot color image. Image generating circuitry detects an overlapped region (alpha) in which a region of the process color image and a region of the spot color image are overlapped with each other from the image formation data acquired by the data acquiring circuitry, and generates the process color image from an image of the overlapped region. The spot color image is a triangular spot color image (601), a circular spot color image (602, 603), and rectangular spot color image (604). The process color image is a square process color image (605). The apparatus allows for confirmation of a finished state when the spot color image is added to the process color image in an easy manner at reduced cost. Note, in particular the modification disclose in par. 89-91. When the overlapping process color image data D6 (Fig. 18) and the spot color image data D4 (Fig. 9) are to be printed in the overprinting method, the confirmation image data D5 is represented by a plurality of process colors, a process color with a plurality of density, a process color with a plurality of patterns, or any combination thereof, but not by a spot color (special color) to allow the plurality of overlapped regions to be distinguished from one another and to allow the plurality of non-overlapped regions to be distinguished from one another. Pinney (US 20100171992 A1) discloses an image forming system for printing images in cyan, magenta, yellow and black colors on a sheet of paper. The system has a graphics design tool (18) receiving an image to be printed and marking a cutting pattern over the image. The tool applies an image mask to the image to create a modified image. An image printing device (3) applies colorant e.g. ink, only to a portion to be kept of the modified image, which is exposed by the image mask, to create an outputted image with the colorant only on the portion. A sheet cutting device (5) cuts away a portion to be discarded of the modified image, which is hidden by the mask, so that the portion to be discarded is not included in the outputted image. The system enables a user to easily specify areas of the image to be printed, to cut the areas to be discarded, and to automatically prevent printing of the colorants on the areas to be discarded, thus minimizing wastage of the colorants during outputting a printed image while reducing printing costs. However, Pinney does not teach or suggest, as claimed, obtaining process color data for forming a process color using a process color ink and special color data for forming a special color, the process color data and the special color data being data to be printed on a printing medium in an overlapped manner, and executing the test printing of the generated special color area based on the data for the test printing of the process color ink and the special color data. It is also to be emphasized that the claimed test printing forms a test image in the special color area of a process color and a special color unlike what Yamanouchi teaches as indicated above. Cited Art The prior art and other references made of record and not relied upon are considered pertinent to applicant's disclosure. Kurata (US 11934710 B2) disclose an information processing apparatus, control method, and storage medium capable of preventing an unintended print result from being produced. The present executes making a predetermined notification in a case where a spot color printing region set to be printed in a spot color which is a color different from a process color is included in a predetermined region in a region to be printed based on print data, the predetermined region being a region other than a text region in the region to be printed based on the print data. Hori (US 11936832 B2) discloses a control method for an apparatus to control print data obtains color information to be printed in a specific color from the print data, detects a specific location to be printed in the specific color based on the obtained color information, and performs first color conversion to subject the color information included in the print data in accordance with a color conversion instruction. Second color conversion is performed on image data subjected to the first color conversion to turn color information corresponding to the specific location back to color information indicating the specific color before the first color conversion is performed, and a printing unit prints on the specific location by using the second color based on the color information indicating the specific color turned back and prints on a location other than the specific location by using the first color based on color information after the first color conversion. Shibamori (US 12069221 B2) discloses an information processing apparatus capable of inhibiting a spot color printing result from turning out not as intended by a user, as well as a control method and a storage medium. To this end, a pixel region for which spot color printing is specified is identified in print data, and it is determined whether pixels surrounding the identified pixel region include a pixel which is in a color approximating to the spot color and whose color difference from the spot color equals or falls below a predetermined value. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott Rogers whose telephone number is 571-272-7467. The examiner can normally be reached 8 am to 7 pm flex. 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, Abderrahim Merouan can be reached on 571-270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Scott A Rogers/ Primary Examiner, Art Unit 2683 02 April 2026 Application/Control Number: 18/774,238 Page 2 Art Unit: 2683 Application/Control Number: 18/774,238 Page 3 Art Unit: 2683 Application/Control Number: 18/774,238 Page 4 Art Unit: 2683 Application/Control Number: 18/774,238 Page 5 Art Unit: 2683 Application/Control Number: 18/774,238 Page 6 Art Unit: 2683
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