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 .
Claim Objections
Claim 2 is objected to because of the following informalities: the claim does not end with a period. Appropriate correction is required.
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.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,138,942. Although the claims at issue are not identical, they are not patentably distinct from each other because USP 12,138,942 adds features that are not claimed in the instant application. Nonetheless, the claims are fully covered by USP 12,138,942 as demonstrated below.
Instant Application
US 12,138,942
Claim 1. A printer, comprising: a housing defining a media enclosure configured to receive a media cartridge, the media enclosure having a lower wall to support the media cartridge, opposing side walls, a rear wall and a forward wall defining a media outlet;
Not claimed in claim 1 or any other claims in the instant application.
Claim 1. A printer, comprising: a housing defining a media enclosure configured to receive a media cartridge, the media enclosure having a lower wall to support the media cartridge, opposing side walls, a rear wall and a forward wall defining a media outlet;
an electronic interface at the lower wall, configured to engage with an identification chip of the media cartridge; a contact region protruding from an inner surface of the lid, the contact region configured to exert a downward pressure on a ledge of the media cartridge when the lid is in the closed position; wherein the electronic interface is aligned with the ledge to transfer the downward pressure from the contact region to the electronic interface via the identification chip when the lid is in the closed position.
Claim 1. (continued)
a set of outer walls surrounding the lower wall, the side walls, the rear wall, and the forward wall;
an upper wall joining the outer walls with the side walls of the media enclosure; and
an indentation defined at the intersection of the upper wall and each side wall to facilitate grasping of the media cartridge.
Claim 2. The printer of claim 1, wherein the housing comprises:
a set of outer walls surrounding the lower wall, the side walls, the rear wall, and the forward wall;
an upper wall joining the outer walls with the side walls of the media enclosure; and
an indentation defined at the intersection of the upper wall and each side wall to facilitate grasping of the media cartridge.
Claim 2. The printer of claim 1, further comprising: a lid rotatably coupled to the housing and movable between a closed position to enclose the media enclosure, and an open position;
Claim 1. (continued)
a lid rotatably coupled to the housing and movable between a closed position to enclose the media enclosure, and an open position;
Claim 3. The printer of claim 1, further comprising: at least one of (i) a pin extending from the lower wall adjacent to the electronic interface, for engaging with a hole of the media cartridge, or (ii) a ridge extending from a forward portion of the lower wall for engaging with a slot of the media cartridge.
Claim 3. The printer of claim 1, further comprising: at least one of (i) a pin extending from the lower wall adjacent to the electronic interface, for engaging with a hole of the media cartridge, or (ii) a ridge extending from a forward portion of the lower wall for engaging with a slot of the media cartridge.
Claim 4. The printer of claim 1, further comprising: a rear channel within the housing, the rear channel configured to engage with an alignment spine of the media cartridge.
Claim 4. The printer of claim 1, further comprising: a rear channel within the housing, the rear channel configured to engage with an alignment spine of the media cartridge.
Claim 5. The printer of claim 1, further comprising: a lower channel within the housing configured to align with an alignment ridge of the media cartridge.
Claim 5. The printer of claim 1, further comprising: a lower channel within the housing configured to align with an alignment ridge of the media cartridge.
Claim 6. The printer of claim 1, further comprising: a platen; and a print head configured to press against the platen to create a nip which draws media from the media cartridge.
Claim 6. The printer of claim 1, further comprising: a platen; and a print head configured to press against the platen to create a nip which draws media from the media cartridge.
Claim 7. The printer of claim 1, wherein the contact region on the inner surface of the lid is a pressure bar.
Claim 7. The printer of claim 1, wherein the contact region on the inner surface of the lid is a pressure bar.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 12208612 B2 discloses a media cartridge includes: a base including: a media chamber having a mouth, and a lower portion of a media outlet; first and second wings configured to support a media spool therebetween; and a cover connected between the first and second wings, and including: an upper portion of the media outlet, and a perimeter configured to engage the mouth of the media chamber, to suspend the first and second wings within the media chamber and place the upper portion of the media outlet adjacent to the lower portion of the media outlet.
US 11772395 B2 discloses a printer includes: a body with a set of interior walls defining a media enclosure configured to receive a media cartridge, and a latch recess in one of the interior walls, including a retaining surface, and a ramp surface; a lid rotatably coupled to the body and movable between open and closed positions; and a latch movably supported by the lid between a locked position and an unlocked position, the latch including: a bias member biasing the latch towards the locked position, a hook surface configured to engage the retaining surface when the lid is closed and the latch is in the locked position, and a cam surface configured via the bias member, when the lid is closed and the latch is released to the unlocked position, to slide against the ramp surface and lift the lid to an intermediate position between the open and closed positions.
US 10052895 B2 discloses a media processing device includes a housing defining a media receiving area configured to receive the media; a first media support arm extending from the housing proximate the media receiving area for engaging a first end of the media, wherein the first media support arm is biased to slidably translate along the housing to provide a holding force to the first side of the media, wherein the first media support arm includes a first locking element; a media cover configured to move between a closed position and an open position, the media cover including a second locking element, wherein the first locking element of the first media support arm is configured to engage the second locking element of the media cover when the media cover is in the closed position.
US 20160368290 A1 discloses a tape cartridge to be loaded in an unloadable manner in a tape printing device having an open/close cover to open/close a cartridge loading section where the tape cartridge is loaded. The tape cartridge includes: a tab portion which is provided on a surface of the tape cartridge that faces the open/close cover when loaded in the cartridge loading section, and which is configured to move between a gripping position and a non-gripping position in relation to the surface; and an energizing portion which energizes the tab portion toward the gripping position. The tab portion is pressed by a pressing portion provided on the open/close cover, in a closed state of the open/close cover. The energizing portion is displaced to resist the pressing force of the pressing portion via the tab portion.
US 20110210198 A1 discloses a dispenser suitable for dispensing a rolled product includes a housing having a back plate and a cover openably engaged with the back plate. Each of a pair of roll holder appliances disposed within the housing include a leg having a first end and a second end, and a first side and a second side. The first end has an attachment feature, and the second end has a first roll holder on the first side, and a second roll holder on the second side opposing and different from the first roll holder. The attachment feature of each appliance is removably attached to the back plate, each appliance being oriented with associated roll holders facing each other and suitably spaced apart so as to receive the rolled product therebetween.
US 6089487 teaches a roll of a recording paper is rotatably contained in a paper magazine. The magazine is provided with a mouth through which the recording paper is drawn out and fed to a printer. A leading edge of the recording paper is adapted to come into contact with an outer periphery of the roll by a contacting device. The remainder of the roll is indicated by an indicating device. The mouth of the magazine is opened and closed with a shutter unit. The inside of the magazine tightly closed with the shutter unit is kept at constant humidity by a humidity conditioning paper. On the other hand, the roll is caught between a pair of flanges. One of the flanges is biased by plate springs toward the other of the flanges so that the roll is held in the magazine without looseness.
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.
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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SHARON A. POLK
Primary Examiner
Art Unit 2853
/Sharon Polk/ Primary Examiner, Art Unit 2853