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 under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/703,011, filed on 4/22/2022.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 9/4/24, 9/10/24, 1/29/25, and 4/11/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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.
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Claims 1-3, and 6-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6-8 of U.S. Patent No. 12,109,816. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No.12,109,816 uses slightly different terminology and are of slightly different form than the claims of the present Application, Nonetheless, it would have been obvious to one having ordinary skill in the art at the time of the invention that the claims of the Application are fully covered by the claims of U.S. Patent No. 12,109,816 as evidences below.
Instant Application
US 12,109,816
1. A printer comprising: a head provided with a nozzle surface intersecting a discharge direction, the head being configured to print an image on a print medium by discharging ink onto the print medium and being configured to move in a main scanning direction intersecting the discharge direction;
a flushing receiving member positioned in the discharge direction with respect to a movement path of the head in the main scanning direction, the flushing receiving member being a member different from the print medium;
a cap configured to closely adhere to the nozzle surface, the cap and the flushing receiving member being arranged in the main scanning direction;
a processor; and
a memory storing computer-readable instructions that, when executed by the processor, instruct the processor to perform processes comprising: performing flushing processing including a first flushing operation of discharging the ink from the head toward the cap, and a second flushing operation of discharging the ink toward the flushing receiving member, and
performing print processing, after the flushing processing, of discharging the ink from the head onto the print medium while moving the head in the main scanning direction.
2. The printer according to claim 1, wherein the computer-readable instructions stored in the memory further instruct the processor to perform a process comprising: performing the first flushing operation and the second flushing operation of the flushing processing, and the print processing in an order of the first flushing operation, the second flushing operation, and the print processing.
3. The printer according to claim 2, wherein the flushing receiving member is positioned between the cap and a platen in the main scanning direction, the platen being on which the print medium is placed, and the computer-readable instructions stored in the memory further instruct the processor to perform processes comprising: performing uncapping processing of separating the cap from the nozzle surface in the discharge direction, from a state of the cap being closely adhered to the nozzle surface, and performing the flushing processing after the uncapping processing.
1. A printer comprising: a head provided with a nozzle surface intersecting a discharge direction, the head being
configured to print an image on a print medium by discharging ink onto the print medium and being configured to move in a main scanning direction intersecting the discharge direction;
a flushing receiving member positioned in the discharge direction with respect to a
movement path of the head in the main scanning direction, the flushing receiving member being a member different from the print medium;
a cap configured to closely adhere to the nozzle surface, the cap and the flushing receiving member being arranged in the main scanning direction;
a processor; and
a memory storing computer-readable instructions that, when executed by the processor, instruct the processor to perform a process comprising:
performing flushing processing including a first flushing operation of discharging
the ink from the head toward the cap, and a second flushing operation of discharging the ink toward the flushing receiving member, the second flushing operation being performed while moving the head in the main scanning direction, wherein the computer-readable instructions stored in the memory further instruct the processor to
perform processes comprising:
performing the second flushing operation after the first flushing operation, in the
flushing processing; and
performing print processing, after the flushing processing, of discharging the ink
from the head onto the print medium while moving the head in the main scanning direction,
wherein
the flushing receiving member is positioned between the cap and a platen in the main
scanning direction, the platen being on which the print medium is placed, and
the computer-readable instructions stored in the memory further instruct the processor to
perform processes comprising:
performing uncapping processing of separating the cap from the nozzle surface in
the discharge direction, from a state of the cap being closely adhered to the nozzle surface, and
performing the flushing processing after the uncapping processing.
6. The printer according to claim 1, wherein the computer-readable instructions stored in the memory further instruct the processor to perform processes comprising: performing capping processing of causing the cap to closely adhere to the nozzle surface, from a state of the cap being separated from the nozzle surface in the discharge direction; and performing pump processing of driving a pump, after the first flushing operation by the flushing processing and before the capping processing, the pump being provided at a waste liquid flow passage connected to the cap.
6. The printer according to claim 1, wherein the computer-readable instructions stored in the memory further instruct the processor to perform processes comprising:
performing capping processing of causing the cap to closely adhere to the nozzle
surface, from a state of the cap being separated from the nozzle surface in the discharge direction; and performing pump processing of driving a pump, after the first flushing operation by the flushing processing and before the capping processing, the pump being provided at a waste liquid flow passage connected to the cap
7. A control method of a printer including a head provided with a nozzle surface intersecting a discharge direction, the head being configured to print an image on a print medium by discharging ink onto the print medium and being configured to move in a main scanning direction intersecting the discharge direction,
a flushing receiving member positioned in the discharge direction with respect to a movement path of the head in the main scanning direction, the flushing receiving member being a member different from the print medium, and
a cap configured to closely adhere to the nozzle surface, the cap and the flushing receiving member being arranged in the main scanning direction, the control method comprising: performing flushing processing including a first flushing operation of discharging the ink from the head toward the cap, and
a second flushing operation of discharging the ink toward the flushing receiving member, and
performing print processing, after the flushing processing, of discharging the ink from the head onto the print medium while moving the head in the main scanning direction.
7. A control method of a printer including a head provided with a nozzle surface intersecting a discharge direction, the head being configured to print an image on a print medium by discharging ink onto the print medium and being configured to move in a main scanning direction intersecting the discharge direction,
a flushing receiving member positioned in the discharge direction with respect to a movement path of the head in the main scanning direction, the flushing receiving member being a member different from the print medium, and
a cap configured to closely adhere to the nozzle surface, the cap and the flushing receiving member being arranged in the main scanning direction, the control method comprising: performing flushing processing including a first flushing operation of discharging the ink from the head toward the cap, and
a second flushing operation of discharging the ink toward the flushing receiving member, the second flushing operation being performed while moving the head in the main scanning direction, wherein the control method further comprising: performing the second flushing operation after the first flushing operation, in the flushing processing; and
performing print processing, after the flushing processing, of discharging the ink from the head onto the print medium while moving the head in the main scanning direction, wherein the flushing receiving member is positioned between the cap and a platen in the main scanning direction, the platen being on which the print medium is placed, and the control method further comprising:
performing uncapping processing of separating the cap from the nozzle surface in the discharge direction, from a state of the cap being closely adhered to the nozzle surface, and performing the flushing processing after the uncapping processing.
8. A non-transitory computer-readable medium storing computer-readable instructions that, when executed by a computer of a printer that includes a head provided with a nozzle surface intersecting a discharge direction, the head being configured to print an image on a print medium by discharging ink onto the print medium and being configured to move in a main scanning direction intersecting the discharge direction,
a flushing receiving member positioned in the discharge direction with respect to a movement path of the head in the main scanning direction, the flushing receiving member being a member different from the print medium, and
a cap configured to closely adhere to the nozzle surface, the cap and the flushing receiving member being arranged in the main scanning direction, cause the computer to perform processes comprising: performing flushing processing including a first flushing operation of discharging the ink from the head toward the cap, and
a second flushing operation of discharging the ink toward the flushing receiving member, and performing print processing, after the flushing processing, of discharging the ink from the head onto the print medium while moving the head in the main scanning direction.
8. A non-transitory computer-readable medium storing computer-readable instructions that, when executed by a computer of a printer that includes a head provided with a nozzle surface intersecting a discharge direction, the head being configured to print an image on a print medium by discharging ink onto the print medium and being configured to move in a main scanning direction intersecting the discharge direction,
a flushing receiving member positioned in the discharge direction with respect to a movement path of the head in the main scanning direction, the flushing receiving member being a member different from the print medium, and
a cap configured to closely adhere to the nozzle surface, the cap and the flushing receiving member being arranged in the main scanning direction, cause the computer to perform a process comprising: performing flushing processing including a first flushing operation of discharging the ink from the head toward the cap, and
a second flushing operation of discharging the ink toward the flushing receiving member, the second flushing operation being performed while moving the head in the main scanning direction, wherein the computer-readable instructions stored in the non-transitory computer readable medium further instruct the processor to perform processes comprising: performing the second flushing operation after the first flushing operation, in the flushing processing; and performing print processing, after the flushing processing, of discharging the ink from the head onto the print medium while moving the head in the main scanning direction, wherein the flushing receiving member is positioned between the cap and a platen in the main scanning direction, the platen being on which the print medium is placed, and the computer-readable instructions stored in non-transitory computer readable medium further instruct the processor to perform processes comprising: performing uncapping processing of separating the cap from the nozzle surface in the discharge direction, from a state of the cap being closely adhered to the nozzle surface, and performing the flushing processing after the uncapping processing.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 12,109,816 in view of US 2008/0143778 to Sugiyama et al. “Sugiyama.” With regard to Claim 4, US 12,109,816 teaches the claimed invention except for performing the first flushing operation, in the flushing processing, in a state of the cap being separated from the nozzle surface in the discharge direction.
However, Sugiyama teaches performing the first flushing operation, in the flushing processing, in a state of the cap being separated from the nozzle surface in the discharge direction [0011]. It would have been obvious to one or ordinary skill in the art before the filing date of the claimed invention to modify US 12.109,816 with the teaches of Sugiyama to avoid at the time of a vacuum purging operation, such a situation in which a large amount of ink containing air bubbles or foreign materials remain on a nozzle surface [0009].
Allowable Subject Matter
Claim 5 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.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for the allowance of Claim 5 is the inclusion of the limitations in the flushing processing, performing the first flushing operation while moving the cap in the discharge direction, and performing the second flushing operation after the first flushing operation. It is these features found in the claim(s) which have not been found, taught or suggested by the prior art of record, which makes this claim allowable over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 12,043,034 discloses a1 printer is provided with a first nozzle surface including a first nozzle row, a second nozzle surface including a second nozzle row positioned with respect to the first nozzle row in a main scanning direction, a receiver having a width smaller than an interval between the first nozzle row and the second nozzle row, and a driver. A processor of the printer causes the driver to perform a discharge driving to discharge ink from at least one of nozzles of one of the first nozzle row or the second nozzle row, and causes the driver to perform a non-discharge driving to not discharge ink from at least one of nozzles of the other of the first nozzle row or the second nozzle row, in a state of one of the first nozzle row or the second nozzle row being caused to face the receiver in a discharge direction.
US 11,141,977 discloses an inkjet printer includes a first ink head, an ink collector, and an intermittent flushing controller. The first ink head includes a first sub-head that includes a first nozzle to discharge first ink, a second sub-head that includes a second nozzle to discharge second ink different from the first ink, and a nozzle surface provided with the first nozzle and the second nozzle. The ink collector collects the ink discharged from the first ink head. The intermittent flushing controller performs an intermittent flushing operation for at least the first sub-head. The intermittent flushing operation involves repeating a first operation and a second operation for a predetermined number of iterations. The first operation involves discharging the first ink into the ink collector from the first nozzle a predetermined number of times. The second operation involves being on standby for a predetermined time without discharging the first ink from the first nozzle.
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.
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SHARON A. POLK
Primary Examiner
Art Unit 2853
/Sharon Polk/Primary Examiner, Art Unit 2853