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
Applicant’s arguments, see pages 5-8, filed 26 May 2026, with respect to the rejection(s) of claims 1-4 and 6-9 under 35 U.S.C. §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a double patenting rejection as being unpatentable over claims 1 and 7-8 of copending Application No. 18/652,213 (allowed but not yet issued) is maintained.
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 and 5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7-8 of copending Application No. 18/652,213 (reference application – allowed on an Office Action mailed on 11 March 2026 but not yet issued). 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 through an opening, which is exposed by detaching the mounting section from the apparatus main body.
4. The printing apparatus according to claim 1, 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 and a retreat position away from the recording position, and
a movement path of the maintenance section overlaps at least a portion of a movement path of the recording section.
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.
The printing apparatus according to claim 1, wherein the maintenance section is configured to be removed in an upward direction from a space 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.
7. The printing apparatus according to claim 1, 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 and a retreat position away from the recording position, and
a movement path of the maintenance section overlaps at least a portion of a movement path of the recording section.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 1-4 and 6-9 would be allowable over the prior art of record. However, claim 1 and 4 are rejected on the ground of non-statutory double patenting rejection as being unpatentable over claims 1 and 7-8 of copending Application No. 18/652,213. Upon the filing and acceptance of a terminal disclaimer in compliance with 37 CFR 1.321(c), the rejection will be withdrawn and the application will be allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1,
The primary reason for allowance for this claim is the inclusion of the limitations of 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 through an opening, which is exposed by detaching the mounting section from the apparatus main body.
It is these limitations, in combination as claimed, that have not been taught, found, or suggested by prior art.
Regarding claims 2-4 and 6-9,
These claims are considered to have allowable subject matter by virtue of their dependency on claim 1.
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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