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 .
2. This office action is responsive to the application Nº 18/811,255 filed on August 21st, 2024 in which claims 1-6 are pending and ready for examination.
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. Claim 3 is objected to because of the following informalities: On line 3 of the claim, it appears Applicant intended “wherein the suppression member has one or more through-holes penetrating from a side of the air supply port to a side of the sir discharge port” to read “wherein the suppression member has one or more through-holes penetrating from a side of the air supply port to a side of the air discharge port”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
7. 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.
8. Claims 1-6 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.
9. Regarding independent claim 1: Claim 1 disclosed the limitation “a suppression member provided between the nozzle surface and the air supply port”. It is unclear what the suppression member is configured to suppress and how the suppression member does the suppressing. For examination purposes, the Examiner will construe the suppression member to be any member disposed inside the cap with a gap between the member and the air supply port and a gap between the member and the nozzle formation surface.
Claims 2-5 are also rejected as being dependent on independent claim 1.
10. Regarding claim 3: Claim 3 disclosed the limitation “wherein the suppression member has one or more through-holes penetrating from a side of the air supply port to a side of the sir discharge port at a position not facing the air supply port”. It is unclear whether the one or more through-holes extend in a thickness direction or in the longitudinal direction of the suppression member.
Claim 4 is also rejected as being dependent on claim 3.
Double Patenting
11. 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).
12. A timely filed terminal disclaimer in compliance with 37 CFR 1.321© 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).
13. 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€ and 714.13.
14. 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.
15. Claims 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 7-9 and 11 of copending Application No. 18/805,275 to Nie et al. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are substantially directed to the same subject matter.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
16. 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.
17. 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.
18. Claims 1, 2 and 6 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Hayakawa et al. (US Pat. Nº 6,481,824).
19. Regarding independent claim 1: Hayakawa et al. disclosed a maintenance device (see Fig. 24) comprising:
a cap (Col. 2, line 48; also see Fig. 24, reference 310) covering a nozzle surface (Fig. 24, reference 307a) of an inkjet head (Fig. 24, reference 307);
an air supply port provided in the cap (Col. 2, lines 53-55; also see Fig. 24, reference 325 is a port that allows air from outside to enter into cap 310); and
a suppression member provided between the nozzle surface and the air supply port (Col. 18, line 32; also see Fig. 24, reference 323), having a first gap from the air supply port and a second gap from the nozzle surface (Fig. 24, member 323 is separate from port 325 and from the nozzle forming surface 307a).
20. Regarding claim 2: Hayakawa et al. disclosed the maintenance device according to claim 1, wherein the cap includes an air discharge port (Col. 2, lines 52-53; also see Fig. 24, reference 324. When the pump is activated, both ink (discharged from the nozzles) and air introduced through the port 325 are discharged through the port 324), and the suppression member is provided along a direction from a side of the air supply port to a side of the air discharge port (see Fig. 24).
21. Regarding claim 6: Hayakawa et al. disclosed an inkjet recording apparatus (see Fig. 22) comprising: the inkjet head (Fig. 22, reference 307), and the maintenance device according to claim 1 (see the rejection of claim 1).
Claim Rejections - 35 USC § 103
22. 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.
23. 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.
24. Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hayakawa et al. (US Pat. Nº 6,481,824), in view of Minemura (JP 2007-069450).
25. Regarding claim 3: Hayakawa et al. disclosed the maintenance device according to claim 1.
Hayakawa et al. are silent about wherein the suppression member has one or more through-holes penetrating from a side of the air supply port to a side of the air discharge port at a position not facing the air supply port.
Minemura disclosed a maintenance device (see Fig. 9) comprising a cap (Fig. 9, reference 80) configured to cover the nozzle opening surface of an inkjet head (Fig. 9, reference 30), a suppression member (Fig. 9, reference 90) and at least one port in the cap (Fig. 9, references 240, 241), wherein the suppression member has one or more through-holes penetrating from a side of the air supply port to a side of the air discharge port at a position not facing the air supply port ([0043], lines 1-2; also see Fig. 9, references 190 which do not oppose the ports 240, 241), and which are bored through from a side of the air supply port to a side of the air discharge port ([0043], lines 8-9).
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 Minemura with those of Hayakawa et al. by providing through holes in the suppression member in order to maintain the suppression member in position and prevent swelling and rising of the suppression member as disclosed by Minemura in paragraph [0035].
26. Regarding claim 4: The combination of Hayakawa et al. and Minemura disclosed the maintenance device according to claim 3, wherein the cap includes an air discharge port (Hayakawa et al. Col. 2, lines 52-53; also see Fig. 24, reference 324. When the pump is activated, both ink (discharged from the nozzles) and air introduced through the port 325 are discharged through the port 324), and the through-hole is provided at a plurality of positions along a direction from the side of the air supply port to the side of the air discharge port (Minemura Fig. 9, references 190 are arranged from end to end in the cap 80 along the length direction. Also see the rejection of claim 3).
27. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hayakawa et al. (US Pat. Nº 6,481,824), in view of Yamanaka et al. (JP 2007-283548).
28. Regarding claim 5: Hayakawa et al. disclosed the maintenance device according to claim 1.
Hayakawa et al. are silent about wherein the suppression member is made of resin.
Yamanaka et al. disclosed a maintenance device (see Fig. 8A), comprising a cap unit (Fig. 8A, reference 212), configured to cover a nozzle opening surface of a print head (Fig. 8A, reference 201), the cap comprising a suppression member (Fig. 8A, reference 212c), wherein the suppression member is made of resin ([0051], lines 1-4; also see Fig. 8A, reference 212c).
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 Yamanaka et al. with those of Hayakawa et al. by making the liquid absorbing member out of rubber/resin in order to prevent its corrosion by the ink as commonly known in the art.
Conclusion
29. 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.
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31. 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.
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/YAOVI M AMEH/Primary Examiner, Art Unit 2853