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 statement (IDS) submitted on 1/22/2025 and 8/5/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
These claims will be examined as best understood.
Regarding claims 1, 8, and 9:
Each of these claims requires the feature that the second seal has “a mountain-like shape” and that “an apex of the mountain-like shape of the second seal portion is positioned such that a distance W2 from the ink supply portion in the direction parallel to the first side is less than W1/2.”
First, the required shape of the second seal is not clear. The term “mountain-like” is a relative term which renders the claim indefinite. The term “mountain-like” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Second, it is not clear how the claimed apex is meant to be positioned, because the distance W2 is not clearly defined. In particular, the distance W2 extends “from the ink supply portion,” but does not extend to another point.
Finally, even if the distance W2 were sufficiently defined, the claims fail to associate the distance W2 to any point of the apex, such that an artisan would recognize the manner in which the apex must be positioned.
In light of the above, an artisan would not be able to determine the point of infringement.
Regarding claims 2-7:
These claims fail to remedy the deficiencies of claim 1, and therefore also fail to meet the requirements of this statute.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 7 is/are rejected under 35 U.S.C. 102(a)(1/2) as being anticipated by Wada (US 2009/0308023 A1).
Regarding claim 1:
Wada discloses an ink container comprising:
an ink storage portion (pouch P) that has flexibility and that is configured to store ink in the interior thereof (paragraphs 2, 40), the ink storage portion including:
a first surface (of front outer sheet OS);
a second surface (of rear outer sheet OS) that is opposite to the first surface (paragraph 40 & Fig. 1); and
a first side (“upper edge portion”) shared by the first surface and the second surface (Fig. 1); and
an ink supply portion (spout S) that is provided at the first side of the ink storage portion (Fig. 1) and that is configured to supply the ink stored in the ink storage portion to outside (paragraphs 2, 40),
wherein at least one seal portion (at least the “edge seal portion” + spot seal PS) between the first surface and the second surface is provided at the first side of the ink supply portion (paragraphs 40, 50 & Figs. 1, 7a),
wherein the at least one seal portion includes:
a first seal portion (a portion of the “edge seal”) that has a rectangular shape parallel to the first side (Fig. 1); and
a second seal portion (a spot seal PS) that is disposed between the first seal portion and the ink supply portion (Fig. 7a) and formed continuously with the first seal portion in a direction parallel to the first side (Figs. 1, 7a), the second seal portion having a mountain-like shape protruding toward the interior of the ink storage portion (paragraph 54 & Fig. 7a-b), and
wherein, when a maximum width of the mountain-like shape is denoted by W1 (2.5mm: paragraph 50) an apex of the mountain-like shape of the second seal portion is positioned such that a distance W2 from the ink supply portion in the direction parallel to the first side is less than W1/2 (paragraph 50 & Fig. 7a).
Regarding claim 2:
Wada discloses all the limitations of claim 1, and also that the ink supply portion includes a first end portion (e.g. the top portion of guide portion GP) that faces the interior of the ink storage portion (Fig. 1) and a second end portion (of mouth portion MP) that faces outward from the ink storage portion (Fig. 1) and that is opposite to the first end portion (Fig. 1), and
wherein the first end portion of the ink supply portion is positioned within 60 mm of the first side of the ink storage portion in a direction perpendicular to the first side (Fig. 7a).
Regarding claim 7:
Wada discloses all the limitations of claim 1, and also that the at least one seal portion includes a plurality of seal portions that are provided on both sides of the ink supply portion at the first side of the ink storage portion such that the ink supply portion is sandwiched between the plurality of seal portions (Figs. 1, 7a).
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.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takagiwa (US 2014/0332558 A1) in view of Wada (US 2009/0308023 A1)
Regarding claim 8:
Takagiwa disclose an ink container that is configured to be attachable and detachable from an apparatus main body of a recording apparatus (paragraph 25 & Fig. 1), the ink container comprising:
an ink storage portion (container member 13) that has flexibility and that is configured to store ink in an interior thereof (paragraph 26), the ink storage portion including:
a first surface (of sheet 130A);
a second surface (of sheet 130B) that is opposite to the first surface (Fig. 3); and
a first side (third edge) shared by the first surface and the second surface (Figs. 2-3); and
an ink supply portion (spout 14) that is provided at the first side of the ink storage portion (Fig. 2) and that is configured to supply the ink stored in the ink storage portion to the apparatus main body (paragraph 40),
wherein a seal portion (third joined portion 136C) between the first surface and the second surface is provided at the first side of the ink supply portion (paragraph 28 & Fig. 5).
Takagiwa does not expressly disclose the particulars of the seal portion.
However, Wada disclose a liquid container that is produced using a smoother and higher speed operation (paragraph 52) by comprising a liquid storage portion (pouch P), a liquid supply member (spout S), and a seal portion (at least the “edge seal portion” + spot seal PS), wherein in the seal portion includes:
a first seal portion (a portion of the “edge seal”) that has a rectangular shape parallel to a first side (Fig. 1); and
a second seal portion (a spot seal PS) that is disposed between the first seal portion and the ink supply portion (Fig. 7a) and formed continuously with the first seal portion in a direction parallel to the first side (Figs. 1, 7a), the second seal portion having a mountain-like shape protruding toward the interior of the liquid storage portion (paragraph 54 & Fig. 7a-b), and
wherein, when a maximum width of the mountain-like shape is denoted by W1 (2.5mm: paragraph 50) an apex of the mountain-like shape of the second seal portion is positioned such that a distance W2 from the liquid supply portion in the direction parallel to the first side is less than W1/2 (paragraph 50 & Fig. 7a).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to produce Takigawa’s liquid container in the manner taught by Wada, so as to utilize first and second seal portions.
Regarding claim 9:
Takagiwa disclose a recording apparatus comprising:
an apparatus main body (housing 101); and
an ink container that is configured to be attachable and detachable from the apparatus main body (paragraph 25 & Fig. 1),
wherein the ink container includes:
an ink storage portion (container member 13) that has flexibility and that is configured to store ink in an interior thereof (paragraph 26), the ink storage portion including:
a first surface (of sheet 130A);
a second surface (of sheet 130B) that is opposite to the first surface (Fig. 3); and
a first side (third edge) shared by the first surface and the second surface (Figs. 2-3); and
an ink supply portion (spout 14) that is provided at the first side of the ink storage portion (Fig. 2) and that is configured to supply the ink stored in the ink storage portion to the apparatus main body (paragraph 40),
wherein a seal portion (third joined portion 136C) between the first surface and the second surface is provided at the first side of the ink supply portion (paragraph 28 & Fig. 5).
Takagiwa does not expressly disclose the particulars of the seal portion.
However, Wada disclose a liquid container that is produced using a smoother and higher speed operation (paragraph 52) by comprising a liquid storage portion (pouch P), a liquid supply member (spout S), and a seal portion (at least the “edge seal portion” + spot seal PS), wherein in the seal portion includes:
a first seal portion (a portion of the “edge seal”) that has a rectangular shape parallel to a first side (Fig. 1); and
a second seal portion (a spot seal PS) that is disposed between the first seal portion and the ink supply portion (Fig. 7a) and formed continuously with the first seal portion in a direction parallel to the first side (Figs. 1, 7a), the second seal portion having a mountain-like shape protruding toward the interior of the liquid storage portion (paragraph 54 & Fig. 7a-b), and
wherein, when a maximum width of the mountain-like shape is denoted by W1 (2.5mm: paragraph 50) an apex of the mountain-like shape of the second seal portion is positioned such that a distance W2 from the liquid supply portion in the direction parallel to the first side is less than W1/2 (paragraph 50 & Fig. 7a).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to produce Takigawa’s liquid container in the manner taught by Wada, so as to utilize first and second seal portions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
JP 2017-178371 disclose a relative container in comprising a first seal portion (56a) and a second seal portion (56b: Fig. 2B).
Communication with the USPTO
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shelby L Fidler whose telephone number is (571)272-8455. The examiner can normally be reached Monday-Friday, 8:30am - 5pm 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.
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SHELBY L. FIDLER
Primary Examiner
Art Unit 2853
/SHELBY L FIDLER/Primary Examiner, Art Unit 2853