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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities: The description of the arrangement direction the first frame 32 and the second frame 33 being arranged in direction D1 seems to contradict Figure 4 in which the first and second frames seem to be arranged in direction D2.
Appropriate correction is required.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toya et al. (2022/0258470) (hereinafter Toya et al.).
Regarding Claim 1, Toya et al. teaches a recording device (11, Fig. 1) comprising: a recording section (29, Fig. 1) extending in one direction intersecting the vertical direction, the recording section (29) configured to eject liquid across an entire width of a medium (13, Fig. 1) [Paragraph 0026]; a mounting section (43, Fig. 1) on which a container (35, Fig. 1) containing a liquid is mounted [Paragraphs 0028-0029]; a flow path (42, 47 Fig. 1) coupled to the recording section (29) and the mounting section (43) [Paragraphs 0028-0030, 0071]; and a housing (12, Fig. 1) that houses the recording section (29), the mounting section (43), and the flow path (42, 47) [Paragraphs 0022 and 0026-0030], wherein the housing (12) defines a discharge space (18, Fig. 1) to which the medium (13) recorded by the recording section (29) is discharged, the discharge space (18) is a space outside the housing (12), and the flow path (42, 47) overlaps with the discharge space (18) when viewed from the one direction [Paragraphs 0022 and 0070].
Recording Claim 2, Toya et al. teaches the recording device (11), wherein the recording section (29) is positioned below the discharge space (18) [See Fig. 1].
Recording Claim 3, Toya et al. teaches the recording device (11), wherein the flow path (42, 47) includes a first end portion (see Fig. 1) coupled to the mounting section (43) and a second end portion (see Fig. 1) coupled to the recording section (29) [Paragraphs 0027-0030] and when viewed from the one direction, a center of the mounting section (43) in the horizontal direction is located between the first end portion (see Fig. 1) and the second end portion (see Fig. 1) [See Fig. 1].
Recording Claim 4, Toya et al. teaches the recording device (11), wherein the flow path (42, 47) overlaps with the mounting section (43) when viewed from the one direction [Paragraphs 0027-0030, see Figs. 1 and 4].
Recording Claim 5, Toya et al. teaches the recording device (11), further comprising: a support section (27, Fig. 1) facing the recording section (29), wherein the support section (27) supports a medium (13) and the recording section (29) is displaced between a recording position (see Fig. 1) at which liquid is ejected onto the medium (13) supported by the support section (27) and a retreat position (not shown in Figures) that is further away from the support section (27) than the recording position [Paragraphs 0025-0026, 0034-0036, 0064-0065, 0073, see Fig. 1 also].
Recording Claim 6, Toya et al. teaches the recording device (11), wherein the recording section (29) has an ejection surface (29a, Fig. 1) from which liquid is ejected [Paragraph 0026], the mounting section (43) includes a reserve section (not shown in Figures) configured to store the liquid supplied from the container (35), and the reserve section (not shown in Figures) stores the liquid so that a liquid level reaches a position lower than the ejection surface (29a) [Paragraph 0071].
Allowable Subject Matter
Claims 7-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for the allowance of claims 7-16 is the inclusion of the limitation of a recording device that includes a flow path having an upper portion above a stacking surface of a stacking section, and the upper portion does not overlap the stacking surface when view from a vertical direction. It is these limitations found in the claims, as it is claimed in the combination, that has not been found, taught, or suggested by the prior art of record, which makes these claims allowable over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA SOLOMON whose telephone number is (571)272-1701. The examiner can normally be reached Monday - Friday, 9:30am -6pm, EST.
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 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.
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.
/LISA SOLOMON/Primary Examiner, Art Unit 2853