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.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 7/30/24, 9/12/24, 11/21/24 and 11/25/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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.
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Claim1-2 and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 19-20 of U.S. Patent No. 12,115,792. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of USP 12,115,792 use slightly different terminology and are of slightly different form than the claims of the present Application, it would have been obvious to one having ordinary skill in the art at the time of the invention that the claims of the Application are fully covered by the claims of USP 12,115,792 as shown below.
Instant Application
US 12,115,792
1. A liquid ejection apparatus comprising: a liquid ejection head having a nozzle configured to eject liquid;
a signal output circuit configured to, when inspection driving is performed by the liquid ejection head, output a determination signal indicating whether the nozzle is an abnormal nozzle, the inspection driving being driving the liquid ejection head to eject liquid from the nozzle for checking whether the nozzle is the abnormal nozzle;
a recovery device configured to perform a recovery operation of discharging liquid from the nozzle;
a memory; and
a controller configured to: receive a first signal different from a signal responsive to a user operation of the liquid ejection apparatus; in response to receiving the first signal,
perform the inspection driving and, in response to determining that the determination signal transmitted from the signal output circuit indicates that the abnormal nozzle exists,
store flag information in the memory, the flag information indicating that the recovery operation needs to be performed; after storing the flag information in the memory,
receive a second signal that is the signal responsive to the user operation of the liquid ejection apparatus;
and in response to receiving the second signal and determining that the memory stores the flag information, control the recovery device to perform the recovery operation.
19. A liquid ejection apparatus comprising: a liquid ejection head having a nozzle configured to eject liquid;
a signal output circuit configured to, when inspection driving is performed by the liquid ejection head, output a determination signal indicating whether the nozzle is an abnormal nozzle, the inspection driving being driving the liquid ejection head to eject liquid from the nozzle for checking whether the nozzle is the abnormal nozzle;
a recovery device configured to perform a recovery operation of discharging liquid from the nozzle;
a memory configured to store time information indicating a particular time of day; and
a controller configured to: in response to receiving a first signal
perform the inspection driving and, in response to determining that the determination signal transmitted from the signal output circuit indicates that the abnormal nozzle exists,
store flag information in the memory, the flag information indicating that the recovery operation needs to be performed;
and in response to receiving a second signal different from the first signal and determining that the memory stores the flag information, control the recovery device to perform the recovery operation.
2. The liquid ejection apparatus according to claim 1, further comprising a clock configured to output a time signal indicating time, wherein the first signal is the time signal indicating a particular time.
(from claim 1) a clock configured to keep time of day, that the time of day indicated by the clock reaches the particular time of day indicated by the time information stored in the memory,
4. The liquid ejection apparatus according to claim 1, wherein the second signal is a print instruction by a user .
20. The liquid ejection apparatus according to claim 19, wherein the second signal is a print instruction by a user.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 19-20 of U.S. Patent No. 12,115,792 in view of JP 2017-1777659 A to Yamazaki.
With regard to claim 3, US 12,115,792 does not teach, wherein the second signal is a power-on signal indicating that power of the liquid ejection apparatus is turned on.
However, Yamazaki teaches the second signal is a power-on signal indicating that power of the liquid ejection apparatus is turned on [0051]. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify US 12,115,792 with the teachings of Yamazaki to have the power source supply power to the printer and reads the control program stored in the ROM to control the printer [0051].
Allowable Subject Matter
Claims 5-8 allowed.
The following is an examiner’s statement of reasons for allowance: The primary reason for the allowance of Claims 5-8 is the inclusion of the limitations in response to determining that the determination signal transmitted from the signal output circuit indicates that the abnormal nozzle exists, not perform a recovery operation in response to the inspection driving being completed. It is these features found in the claim(s) which have not been found, taught or suggested by the prior art of record, which makes these claims allowable over the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Communication with the PTO
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARON A POLK whose telephone number is (571)270-7910. The examiner can normally be reached M-F, 7-3.
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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.
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SHARON A. POLK
Primary Examiner
Art Unit 2853
/Sharon Polk/Primary Examiner, Art Unit 2853