Prosecution Insights
Last updated: July 17, 2026
Application No. 18/810,943

PRINTING DEVICE, CONTROL METHOD OF PRINTING DEVICE, AND NON-TRANSITORY COMPUTER READABLE STORAGE MEDIUM

Non-Final OA §103
Filed
Aug 21, 2024
Priority
Aug 31, 2023 — JP 2023-140977
Examiner
AMEH, YAOVI M
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
847 granted / 928 resolved
+23.3% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 8m
Avg Prosecution
26 currently pending
Career history
953
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
88.1%
+48.1% vs TC avg
§102
6.8%
-33.2% vs TC avg
§112
0.7%
-39.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 928 resolved cases

Office Action

§103
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 . Election/Restrictions Claims 2 and 6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/16/2026. Information Disclosure Statement 3. Acknowledgment is made of Applicant’s Information Disclosure Statement (IDS) form PTO-1449. These IDS have been considered. Priority 4. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Drawings 5. The examiner contends that the drawings submitted on 08/21/2024 are acceptable for examination proceedings. Claim Objections 6. The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not). The claim missing a number has been renumbered 4. Misnumbered claim 5 has been renumbered 6. Misnumbered claim 6 has been renumbered 7. Claim Rejections - 35 USC § 103 7. 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 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. 8. 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 of this title, 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. 9. Claims 1 and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Nishida et al. (US Pub. Nº 2017/0282565), in view of Ogasahara (US Pub. Nº 2020/0016899). 10. Regarding independent claim 1: Nishida et al. disclosed a printing device ([0023], line 1) comprising: an inkjet head ([0028], line 1; also see Fig. 7, reference 110) including a nozzle surface (Fig. 7, reference 111) on which a nozzle configured to eject ink is opened ([0029], lines 1-2; also see Fig. 7, references 121 to 124); a cap configured to be in contact with the nozzle surface ([0051], lines 1-3; also see Fig. 7, reference 67); a cleaning liquid tank ([0062], line 1; also see Fig. 7, reference 705) configured to be connected to the cap through a cleaning liquid flow path (Fig. 7, references 701, 702), the cleaning liquid tank being configured to store a cleaning liquid ([0062], line 1; also see Fig. 7, reference 92); a waste liquid tank ([0065], line 4; also see Fig. 7, reference 706) configured to be connected to the cap through a waste liquid flow path ([0065], lines 1-3; also see Fig. 7, references 761, 762 and 763), the waste liquid tank being configured to store a waste liquid including at least one of the ink or the cleaning liquid supplied to the cap ([0065], line 4); and a controller ([0025], line 1). Nishida et al. are silent about wherein the controller is configured to selectively perform: first maintenance processing of the nozzle using the cleaning liquid; and second maintenance processing of the nozzle using the cleaning liquid, the second maintenance processing having a smaller amount of the waste liquid than the first maintenance processing. Ogasahara disclosed a printing device (Fig. 1, reference 1), comprising an inkjet head (Fig. 3, reference 51), having a nozzle opening surface (Fig. 3, reference 51) on which a plurality of nozzles are provided (Fig. 3, reference 511N) and a cap ([0054], line 2; also see Fig. 9, reference 72), and a controller ([0057], line 1), wherein the controller is configured to selectively perform: first maintenance processing of the nozzle using the cleaning liquid ([0076], lines 1-3); and second maintenance processing of the nozzle using the cleaning liquid ([0074], lines 1-2), the second maintenance processing having a smaller amount of the waste liquid than the first maintenance processing (the second maintenance processing does not involve ink discharge from ink ejection nozzles and therefore produces a smaller amount of the waste liquid than the first maintenance processing which involves both ink discharge and cleaning liquid discharge). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ogasahara with those of Nishida et al. by selectively performing the first or second maintenance processing in order to effectively clean the nozzle surface depending on the time elapsed since the last maintenance processing as disclosed by Ogasahara in paragraph [0081]. 11. Regarding claim 3: The combination of Nishida et al. and Ogasahara disclosed the printing device according to claim 1, further comprising: a pump configured to be provided in the waste liquid flow path, the pump configured to suction an inside of the cap (Nishida et al. [0072], lines 8-9; also see Fig. 7, reference 708), wherein the controller is configured to perform, as the first maintenance processing: a first cleaning liquid introduction operation of suctioning the inside of the cap in a state where the cap is in contact with the nozzle surface and the cleaning liquid flow path is opened, to introduce the cleaning liquid into the cap (Nishida et al. [0069], line 5; [0072], lines 1-2 and [0074], lines 1-4; also see the rejection of claim 1), and the controller is configured to perform, as the second maintenance processing: in a driving period of the pump shorter than a driving period of the first cleaning liquid introduction operation (Nishida et al. [0116], lines 2-4 and [0115], lines 4-6), a second cleaning liquid introduction operation of suctioning the inside of the cap in the state where the cap is in contact with the nozzle surface (Nishida et al. [0069], line 5) and the cleaning liquid flow path is opened, to introduce the cleaning liquid into the cap (Nishida et al. [0116], lines 2-9). 12. Regarding claim 4: The combination of Nishida et al. and Ogasahara disclosed the printing device according to claim 1, wherein the controller is configured to perform: determination processing of determining whether an ink ejection condition satisfies a non-ejection condition (Ogasahara [0081], lines 1-6; a non-ejection condition corresponds to the situation when a long time has elapsed since the last maintenance processing); in a case where the ink ejection condition satisfies the non-ejection condition in the determination processing, the first maintenance processing (Ogasahara [0076], lines 1-3; when the elapsed time since the last maintenance processing has reached a predetermined time); and in a case where the ink ejection condition does not satisfy the non-ejection condition in the determination processing, the second maintenance processing (Ogasahara [0074], lines 1-2). 13. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nishida et al. (US Pub. Nº 2017/0282565), in view of Ogasahara (US Pub. Nº 2020/0016899) as applied to claims 1 and 3-4 above, and further in view of Sasaki et al. (US Pub. Nº 2018/0037022). 14. Regarding claim 5: The combination of Nishida et al. and Ogasahara disclosed the printing device according to claim 4. The combination of Nishida et al. and Ogasahara is silent about wherein, in a case where a number of printed mediums printed with the ink is equal to or greater than a predetermined number, or in a case where an amount of the ink used for printing the printed mediums is equal to or greater than a predetermined amount, the controller is configured to determine that the ink ejection condition satisfies the non-ejection condition in the determination processing. Sasaki et al. disclosed determining that an ink ejection condition satisfies a non-ejection condition in a case where a number of printed mediums printed with the ink is equal to or greater than a predetermined number ([0002], lines 2-4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Sasaki et al. with those of the combination of Nishida et al. and Ogasahara by performing a maintenance processing when a number of printed mediums printed with the ink is equal to or greater than a predetermined number in order to prevent clogging of the nozzle as commonly known in the art. 15. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Nishida et al. (US Pub. Nº 2017/0282565), in view of Ogasahara (US Pub. Nº 2020/0016899). 16. Regarding independent claim 8: Nishida et al. disclosed a control method () of a printing device ([0023], line 1), the printing device including: an inkjet head ([0028], line 1; also see Fig. 7, reference 110) including a nozzle surface (Fig. 7, reference 111) on which a nozzle configured to eject ink is opened ([0029], lines 1-2; also see Fig. 7, references 121 to 124); a cap configured to be in contact with the nozzle surface ([0051], lines 1-3; also see Fig. 7, reference 67); a cleaning liquid tank ([0062], line 1; also see Fig. 7, reference 705) configured to be connected to the cap through a cleaning liquid flow path (Fig. 7, references 701, 702), the cleaning liquid tank being configured to store a cleaning liquid ([0062], line 1; also see Fig. 7, reference 92); and a waste liquid tank ([0065], line 4; also see Fig. 7, reference 706) configured to be connected to the cap through a waste liquid flow path ([0065], lines 1-3; also see Fig. 7, references 761, 762 and 763), the waste liquid tank being configured to store a waste liquid including at least one of the ink or the cleaning liquid supplied to the cap ([0065], line 4). Nishida et al. are silent about the control method comprising selectively performing: first maintenance processing of the nozzle using the cleaning liquid; and second maintenance processing of the nozzle using the cleaning liquid, the second maintenance processing having a smaller amount of the waste liquid than the first maintenance processing. Ogasahara disclosed in a printing device (Fig. 1, reference 1), comprising an inkjet head (Fig. 3, reference 51), having a nozzle opening surface (Fig. 3, reference 51) on which a plurality of nozzles are provided (Fig. 3, reference 511N) and a cap ([0054], line 2; also see Fig. 9, reference 72), and a controller ([0057], line 1), a control method comprising selectively perform: first maintenance processing of the nozzle using the cleaning liquid ([0076], lines 1-3); and second maintenance processing of the nozzle using the cleaning liquid ([0074], lines 1-2), the second maintenance processing having a smaller amount of the waste liquid than the first maintenance processing (the second maintenance processing does not involve ink discharge from ink ejection nozzles and therefore produces a smaller amount of the waste liquid than the first maintenance processing which involves both ink discharge and cleaning liquid discharge). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ogasahara with those of Nishida et al. by selectively performing the first or second maintenance processing in order to effectively clean the nozzle surface depending on the time elapsed since the last maintenance processing as disclosed by Ogasahara in paragraph [0081]. 17. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nishida et al. (US Pub. Nº 2017/0282565), in view of Ogasahara (US Pub. Nº 2020/0016899). 18. Regarding independent claim 9: Nishida et al. disclosed a non-transitory computer readable storage medium storing a computer program ([0006], line 7) executed by a printing device ([0023], line 1), the printing device includes: an inkjet head ([0028], line 1; also see Fig. 7, reference 110) including a nozzle surface (Fig. 7, reference 111) on which a nozzle configured to eject ink is opened ([0029], lines 1-2; also see Fig. 7, references 121 to 124); a cap configured to be in contact with the nozzle surface ([0051], lines 1-3; also see Fig. 7, reference 67); a cleaning liquid tank ([0062], line 1; also see Fig. 7, reference 705) configured to be connected to the cap through a cleaning liquid flow path (Fig. 7, references 701, 702), the cleaning liquid tank being configured to store a cleaning liquid ([0062], line 1; also see Fig. 7, reference 92); a waste liquid tank ([0065], line 4; also see Fig. 7, reference 706) configured to be connected to the cap through a waste liquid flow path ([0065], lines 1-3; also see Fig. 7, references 761, 762 and 763), the waste liquid tank being configured to store a waste liquid including at least one of the ink or the cleaning liquid supplied to the cap ([0065], line 4); and the computer program comprising an instruction that causes the printing device to execute processes ([0006], line 7). Nishida et al. are silent about wherein the executed instruction causes the printing device to selectively perform: first maintenance processing of the nozzle using the cleaning liquid; and second maintenance processing of the nozzle using the cleaning liquid, the second maintenance processing having a smaller amount of the waste liquid than the first maintenance processing. Ogasahara disclosed a printing device (Fig. 1, reference 1), comprising an inkjet head (Fig. 3, reference 51), having a nozzle opening surface (Fig. 3, reference 51) on which a plurality of nozzles are provided (Fig. 3, reference 511N) and a cap ([0054], line 2; also see Fig. 9, reference 72), and a controller ([0057], line 1), wherein the executed instruction causes the printing device to selectively perform: first maintenance processing of the nozzle using the cleaning liquid ([0076], lines 1-3); and second maintenance processing of the nozzle using the cleaning liquid ([0074], lines 1-2), the second maintenance processing having a smaller amount of the waste liquid than the first maintenance processing (the second maintenance processing does not involve ink discharge from ink ejection nozzles and therefore produces a smaller amount of the waste liquid than the first maintenance processing which involves both ink discharge and cleaning liquid discharge). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ogasahara with those of Nishida et al. by selectively performing the first or second maintenance processing in order to effectively clean the nozzle surface depending on the time elapsed since the last maintenance processing as disclosed by Ogasahara in paragraph [0081]. Allowable Subject Matter 19. Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 20. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAOVI M. AMEH whose telephone number is (571)272-4578. The examiner can normally be reached M-F: 9:00 AM - 6:00 PM. 21. 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. 22. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RICARDO MAGALLANES can be reached at (571)272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 23. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YAOVI M AMEH/Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Aug 21, 2024
Application Filed
May 04, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+8.2%)
1y 8m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 928 resolved cases by this examiner. Grant probability derived from career allowance rate.

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