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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 8/25/2023. It is noted, however, that applicant has not filed a certified copy of the Japanese application as required by 37 CFR 1.55.
Please note that the attempt to electronically retrieve the priority document failed on 1/25/2025.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/8/2024 and 8/8/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 3, 5, and 14 are objected to because of the following informalities: the commas are incorrectly disposed at the beginning of a sentence/phrase. Appropriate correction is required.
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 1-17 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 claim 1:
This claim requires the restriction portion to be “provided at the housing portion at a location upstream in the insertion direction.” It is not clear which locations fall within the scope of this limitation, because there is no reference point from which the location is “upstream in the insertion direction.” From what is the restriction portion provided at a location upstream of?
Because an artisan would not be able to determine the location at which the restriction portion must be provided, the artisan would neither be able to determine the point of infringement.
Regarding claims 2-17:
These claims fail to remedy the deficiencies of claim 1, and therefore also fail to meet the requirements of this statute.
Further regarding claim 16:
The scope of the limitation that “the cover portion includes a protruding portion that contacts a protruding shape provided at a cartridge different from the corresponding cartridge to prevent attachment of the different cartridge” is not clear. Specifically, the instant claims are directed towards a printing apparatus that does not expressly include either of the corresponding cartridge or the different cartridge. Because an apparatus/system claim must be differentiated over the prior art structurally, the claim must present sufficient information for an artisan to determine whether a given cover portion would be able to perform the claimed attachment prevention. However, the claims fail to defined any particular details about the protruding shape so as to enable an artisan to determine whether a given cover portion would infringe on the claim.
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) 1-4, 6-10, 13, 15, and 17 is/are rejected under 35 U.S.C. 102(a)(1/2) as being anticipated by Iwata et al. (US 2009/0278902 A1).
In view of the questions in claim scope, please note that the absence of a claim rejection under this heading does not necessarily constitute an indication of allowable subject matter.
Regarding claim 1:
Iwata et al. disclose a printing apparatus comprising:
a housing portion (carriage 12) for detachably housing a cartridge (11) having an element substrate (ejecting portion 11a) that ejects liquid (Fig. 2B); and
a restriction portion (e.g. unreferenced sidewalls of carriage: Fig. 3) configured to restrict movement of the cartridge in a horizontal direction (left-right, in Fig. 3) intersecting with an insertion direction (left-right, in Fig. 7) in which the cartridge is inserted to the housing portion (Figs. 3, 7),
wherein the restriction portion is provided at the housing portion at a location upstream in the insertion direction (Fig. 3).
Regarding claim 2:
Iwata et al. disclose all the limitations of claim 1, and also that the apparatus further comprises a cover portion (set cover 13) configured to be movable between a first position for fixing the cartridge to the housing (Fig. 5) and a second position for allowing the cartridge to be attached to and detached from the housing portion (one of Figs. 6-7).
Regarding claim 3:
Iwata et al. disclose all the limitations of claim 2, and also that, in a state where the cover portion is at the second position, a vertical distance from an upper edge portion of the restriction portion and a rear edge portion of the cover portion (e.g. of rear end 13c) is shorter than a distance from a bottom surface to a top surface of the cartridge (Figs. 3, 6-7).
Regarding claim 4:
Iwata et al. disclose all the limitations of claim 1, and also that the housing portion includes a first housing portion (e.g. left protruding portion 14b: Fig. 3) and a second housing portion (right protruding portion 14b: Fig. 3) arranged in the horizontal direction (Fig. 3), and at least a part of the restriction portion is provided between the first housing portion and the second housing portion (Fig. 3).
Regarding claim 6:
Iwata et al. disclose all the limitations of claim 2, and also that the cover portion has a press portion (at least presser portion 15) that, at the first position, presses the cartridge inserted in the housing portion (paragraph 33 & Fig. 4).
Regarding claim 7:
Iwata et al. disclose all the limitations of claim 6, and also that the press portion includes a biasing member (presser portion 15) that biases the cartridge (paragraph 33).
Regarding claim 8:
Iwata et al. disclose all the limitations of claim 2, and also that the housing portion, the restriction portion, and the cover portion are mounted at a carriage configured to move in the printing apparatus (paragraph 20 & Fig. 1).
Regarding claim 9:
Iwata et al. disclose all the limitations of claim 8, and also that the carriage has a push portion (at least release guide 17) by which, in a state where the cover portion is at the second position, the cartridge to be housed into the housing portion is biased in a direction opposite from the insertion direction (paragraph 42 & Fig. 6) and which is, in a state where the cover portion is at the first position, located apart from the cartridge housed in the housing portion (paragraph 42 & Fig. 5).
Regarding claim 10:
Iwata et al. disclose all the limitations of claim 9, and also that the push portion is biased by a push spring (by elastic body 18: paragraph 42).
Regarding claim 13:
Iwata et al. disclose all the limitations of claim 10, and also that the carriage has a lock unit (lock lever 14) configured to lock the cover portion to the first position by bringing part of the cover portion and part of the housing portion into engagement (paragraph 28 & Fig. 3).
Regarding claim 15:
Iwata et al. disclose all the limitations of claim 4, and also that the apparatus comprises a cover portion (set cover 13) for each of the first housing portion and the second housing portion (Fig. 3), the cover portion being movable between a first position for fixing the cartridge to the housing portion (Fig. 5) and a second position for allowing the cartridge to be attached to and detached from the housing portion (Figs. 6-7).
Regarding claim 17:
Iwata et al. disclose all the limitations of claim 1, and also that the housing portion includes an opening (for contact portion 12b) configured to allow electrical connection between the cartridge and a board (12b) that the printing apparatus has (Figs. 3, 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Muhl (US 2010/0007700 A1) disclose a carriage housing comprising first and second housing portions (Fig. 2), and a plurality of restriction portions (122, 120) that extend higher than an upper surface of a cartridge (Fig. 2).
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