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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 26 July 2024 and 09 October 2024 have been considered by the examiner.
Claim Objections
Claim 9 is objected to because of the following informalities: in lines 1-2, “wherein the apparatus main body having” should be replaced by -- wherein the apparatus main body has --. Also, in line 4, “face each other” should be replaced by -- face each other, and --. Appropriate correction is required.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi et al. (US 2019/0070855 – hereinafter Yamaguchi) in view of Shiraishi et al. (US 2006/0239752 – hereinafter Shiraishi) and Otagiri et al. (US 2017/0129243 – hereinafter Otagiri.)
Regarding claim 1,
Yamaguchi discloses a printing apparatus [1 in fig. 1] comprising:
a recording section [8 in figs. 1-3] that performs recording on a medium [S in figs. 4A-4C] by ejecting a liquid from an ejection surface inclined in an intersecting direction intersecting a vertical direction [as seen in fig. 3; paragraphs 0030 and 0040-0041];
a maintenance section [discharge tray 10 in figs. 1 and 3] that is configured to move between a facing position at which the maintenance section faces the recording section [as seen in fig. 1] and a non-facing position at which the maintenance section retreats from the ejection surface and which is located in a downward direction with respect to the facing position [as seen in fig. 3] and that performs maintenance of the recording section at the facing position [paragraphs 0040-0041]; and
a mounting section [13 in figs. 1 and 3] which is provided in an upward direction with respect to the maintenance section [as seen in figs. 1 and 3] and provided to an apparatus main body [as seen in figs. 1 and 3] and on which the medium discharged is mounted in a state in which the mounting section is attached to the apparatus main body [paragraphs 0029 and 0045.]
However, Yamaguchi fails to expressly disclose the mounting section being detachably provided, and wherein the maintenance section is configured to be removed in a state in which the mounting section is detached from the apparatus main body.
Shiraishi discloses a printing apparatus comprising:
a recording section [52 in fig. 1] that performs recording on a medium by ejecting a liquid from an ejection surface [paragraph 0084]; and
a mounting section [discharge tray 24 in fig. 1] which is detachably provided to an apparatus main body [by being part of front cover 31 in fig. 1; paragraph 0138] and on which the medium discharged is mounted in a state in which the mounting section is attached to the apparatus main body [paragraph 0071], wherein
components of the apparatus are configured to be removed in a state in which the mounting section is detached from the apparatus main body [paragraph 0138; the discharge tray is removed to allow space for replacing/removing consumable articles.]
Even though Shiraishi teaches removing the discharge tray to perform a maintenance operation that would require removing a component of the apparatus, and it is well-known that a maintenance operation may include removing a maintenance section to replace it or clean it, the disclosure does not expressly disclose wherein the component configured to be removed in a state in which the mounting section is detached from the apparatus main body during a maintenance operation is a maintenance section.
Otagiri discloses a printing apparatus comprising:
a recording section [12 in fig. 3] that performs recording on a medium by ejecting a liquid from an ejection surface [paragraph 0043];
a maintenance section [13 in fig. 3] that performs maintenance of the recording section at a facing position [paragraph 0044]; and
a mounting section [discharge tray 17 in fig. 1] on which the medium discharged is mounted in a state in which the mounting section is attached to the apparatus main body [as seen in fig. 1; paragraph 0036], wherein
the maintenance section is configured to be removed during a maintenance operation [paragraphs 0042, 0060, and 0071.]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Yamaguchi invention to include means for detaching the mounting section as taught by Shiraishi for the purpose of preventing the document mounting section from narrowing the working space when an operator is doing a maintenance operation like removing components [paragraph 0138 of Shiraishi], and to include means for removing the maintenance section during a maintenance operation for the purpose of making the maintenance/replacement work effortless [paragraph 0007 of Otagiri.]
Regarding claim 2,
In the obvious combination, Otagiri further discloses the printing apparatus further comprising:
a second maintenance section [14 in fig. 3] that performs maintenance of the recording section [paragraph 0014], wherein
the second maintenance section is configured to be removed in the state in which the mounting section is detached from the apparatus main body [paragraphs 0060 and 0074; as applied to the Yamaguchi/Shiraishi combination.]
Regarding claim 3,
In the obvious combination, Shiraishi further discloses wherein the recording section is configured to be removed in the state in which the mounting section is detached from the apparatus main body [paragraph 0138.]
Regarding claim 4,
In the obvious combination, Yamaguchi further discloses wherein
the recording section is configured to move between a recording position at which the recording section is configured to perform recording on the medium [as seen in fig. 3] and a retreat position away from the recording position [as seen in fig. 1], and
a movement path of the maintenance section overlaps at least a portion of a movement path of the recording section [as seen in fig. 1.]
Regarding claim 5,
In the obvious combination, Shiraishi further discloses wherein the maintenance section is configured to be removed from an opening that is opened when the mounting section is detached from the apparatus main body in a state in which the mounting section is detached from the apparatus main body [paragraph 0138; as applied to the Otagiri reference, which specifies the component being removed being the maintenance section.]
Regarding claim 6,
In the obvious combination, Yamaguchi further discloses the printing apparatus further comprising:
a scanner [3 in fig. 1] fixed to the apparatus main body in the upward direction with respect to the mounting section [as seen in fig. 1] and forming an ejection space with the mounting section [as seen in fig. 1; paragraph 0026], wherein
the maintenance section is configured to be removed in a state where the scanner is fixed to the apparatus main body after the mounting section is removed [as applied to the Shiraishi/Otagiri; note that the Otagiri reference shows a scanner in fig. 1 and does not teach the removing of components requiring removing said scanner.]
Regarding claim 7,
In the obvious combination, Otagiri further discloses the printing apparatus further comprising:
a scanner fixed to the apparatus main body in the upward direction with respect to the mounting section and forming an ejection space with the mounting section [as seen in fig. 1; note that the scanner shown in the figure is very similar to the one taught in the Yamaguchi reference], wherein
the second maintenance section is configured to be removed in a state where the scanner is fixed to the apparatus main body after the mounting section is removed [the disclosure does not teach removing/detaching the scanner; paragraphs 0060 and 0074; as applied to the Yamaguchi/Shiraishi combination.]
Regarding claim 8,
In the obvious combination, Yamaguchi further discloses the printing apparatus further comprising:
a scanner [3 in fig. 1] fixed to the apparatus main body in the upward direction with respect to the mounting section [as seen in fig. 1] and forming an ejection space with the mounting section [as seen in fig. 1; paragraph 0026],
whereas Shiraishi discloses wherein the recording section is configured to be removed in a state where the scanner is fixed to the apparatus main body after the mounting section is removed [paragraph 0138.]
Regarding claim 9,
In the obvious combination, Shiraishi further discloses wherein
the apparatus main body having a first frame and a second frame which respectively have surfaces parallel to the vertical direction and face each other [implicit from figs. 2-3];
the mounting section is configured to be removed toward a direction, which is an in-plane direction of the first frame [as seen in fig. 4; paragraph 0121.]
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/652,213 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Instant application: 18/785,994
Copending application: 18/652,213
1. A printing apparatus comprising:
a recording section that performs recording on a medium by ejecting a liquid from an ejection surface inclined in an intersecting direction intersecting a vertical direction;
a maintenance section that is configured to move between a facing position at which the maintenance section faces the recording section and a non-facing position at which the maintenance section retreats from the ejection surface and which is located in a downward direction with respect to the facing position and that performs maintenance of the recording section at the facing position; and
a mounting section which is detachably provided in an upward direction with respect to the maintenance section and provided to an apparatus main body and on which the medium discharged is mounted in a state in which the mounting section is attached to the apparatus main body, wherein
the maintenance section is configured to be removed in a state in which the mounting section is detached from the apparatus main body.
1. A printing apparatus comprising:
a recording section that performs recording on a medium by ejecting a liquid from an ejection surface inclined in an intersecting direction intersecting a vertical direction;
a maintenance section that is configured to move between a facing position at which the maintenance section faces the recording section and a non-facing position at which the maintenance section retreats from the ejection surface and which is located in a downward direction with respect to the facing position and that performs maintenance of the recording section at the facing position; and
a mounting section which is detachably provided in an upward direction with respect to the maintenance section and provided to an apparatus main body and on which the medium discharged is mounted in a state in which the mounting section is attached to the apparatus main body, wherein
the maintenance section is configured to be removed in an upward direction in a state in which the mounting section detached from the apparatus main body.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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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/JANNELLE M LEBRON/Primary Examiner, Art Unit 2853