DETAILED ACTION
The following is a final office action in response to the amendment filed February 20, 2026. Claims 1-10 and 16-25 are currently pending and have been examined.
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 .
Response to Arguments
Applicant's prior art arguments have been fully considered but they are not persuasive.
Applicant contends that Synder does not disclose receiving, from a user device, an identifier of a printing device consumable item captured by the user device. Synder, though does indeed teach receiving, from a user device, an identifier of a printing device consumable item captured by the user device (Synder: paragraph [0033[]] - Based on customer or printer identification information received from the printer driver, the marketplace server may determine what printer capabilities may be offered to the customer in the marketplace, Figure 5 - status info). Synder thereby teaches the claimed limitation.
Claim Rejections - 35 USC § 102
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.
Claims 1-9, 16, 18, and 20-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Synder (US 2009/0094135 A1).
Regarding claim 1, Synder discloses A non-transitory computer-readable data storage medium storing program code executable by a processor to perform processing comprising:
receiving, from a user device, an identifier of a printing device consumable item captured by the user device; identifying a feature associated with the consumable item or an offer associated with the consumable item (Synder: Synder: paragraph [0033[]] - Based on customer or printer identification information received from the printer driver, the marketplace server may determine what printer capabilities may be offered to the customer in the marketplace, Figure 5 - use status information to determine what information to display in the online marketplace 310);
transmitting, to the user device, the feature or the offer for display on the user device (Synder: Figure 5 - the online marketplace displays one or more printing capabilities which can be purchased 315);
receiving acceptance of the feature or the offer (Synder: Figure 5 - printer capability requested from the online marketplace 320);
in response to receiving the acceptance of the feature or the offer, turning on the feature or fulfilling the offer (Synder: Figure 5 - associate printer capability with customers computing device 335).
Regarding claim 2, Synder discloses all of the limitations as noted above in claim 1. Synder further discloses:
wherein identifying the feature or the offer comprises identifying the feature, (Synder: Figure 5 - use status information to determine what information to display in the online marketplace 310);
wherein receiving the acceptance of the feature or the offer comprises receiving the acceptance of the feature (Synder: Figure 5 - printer capability requested from the online marketplace 320);
wherein turning on the feature or fulfilling the offer comprises turning on the feature (Synder: Figure 5 - Figure 5 - associate printer capability with customers computing device 335).
Regarding claim 3, Synder discloses all of the limitations as noted above in claim 2. Synder further discloses:
wherein turning on the feature comprises: receiving, from a printing device associated with a user of the user device, the identifier of the consumable item, indicating that the consumable item has been installed within the printing device (Synder: paragraph [0032] - In one embodiment, the association may include, but is not limited to downloading and installing software such as an updated printer driver to the customer's computer to enable the printer capability on the printing device. In one embodiment, the printer capability will be displayed on the customer's printer driver screen on their computing device.);
in response to receiving the identifier, identifying the feature associated with the consumable item based on the identifier; and transmitting, to the printing device, an instruction to enable the feature on the printing device (Synder: paragraph [0033] - After the photo mode printer capability is purchased, the printer driver inside the customer's computer may be associated with the photo mode by downloading and installing the software activating it. The photo mode option may be enabled when the customer is using the printing device. The photo mode may be enabled only for the customer who purchased the printer capability in the marketplace).
Regarding claim 4, Synder discloses all of the limitations as noted above in claim 2. Synder further discloses:
wherein identifying the feature comprises identifying one or multiple printing devices associated with a user account of a user of the user device and in which the consumable item can be installed, wherein receiving the acceptance of the feature comprises receiving, from the user device, identification of one or multiple user-selected printing devices on which the feature is to be enabled, from the printing devices associated with the user account, and wherein turning on the feature comprises transmitting, to each user-selected printing device, an instruction to enable the feature on the user- selected printing device (Synder: paragraph [0034] - In one embodiment, the printer capability may be available only to the customers who purchased the capability. For example, returning to FIG. 1, customer1, customer2, customer3, and customer4 may all be using different computing devices 31, 41, 51, 61 within a network. Furthermore, each customer may have a printer driver in their computing device which is linked to a common printing device 40. If customer1 purchases printer capabilities such as color printing 11 and use of color ink 12 (such as through color "clicks" in a cost-per-click sales model in which color ink is delivered in an predetermined or unlimited supply, but charges are made for each print or "click") from the online marketplace 60, these printer capabilities may be associated only with customer1's computing device 31. Therefore, the color printing option may be available only to customer1, and customer1 may make as many prints or "clicks" using color ink as were purchased for the printing device 40. If customer2 later becomes interested in color printing, customer2 may have to access the marketplace 60 to purchase the color printing option 11 and add color clicks in order to use the color printing feature. If customer2 purchases the color printing option, it then may be associated with customer2's computing device 41).
Regarding claim 5, Synder discloses all of the limitations as noted above in claim 2. Synder further discloses:
wherein the feature is associated with the consumable item in that the feature extends functionality of the consumable item when the consumable item is installed within a printing device (Synder: paragraph [0028] - Features that a customer can buy may include, but are not limited to, faster printing, photo mode, quality adjustments, and duplex or networking options.).
Regarding claim 6, Synder discloses all of the limitations as noted above in claim 2. Synder further discloses:
wherein the feature is associated with the consumable item in that the feature extends functionality of a printing device (Synder: paragraph [0028] - Features that a customer can buy may include, but are not limited to, faster printing, photo mode, quality adjustments, and duplex or networking options.).
Regarding claim 7, Synder discloses all of the limitations as noted above in claim 1. Synder further discloses:
wherein identifying the feature or the offer comprises identifying the offer; ,wherein receiving the acceptance of the feature or the offer comprises receiving the acceptance of the offer (Synder: Figure 5 - printer capability requested from the online marketplace 320.);
wherein turning on the feature or fulfilling the offer comprises fulfilling the offer (Synder: Figure 5 - associate printer capability with customers computing device 335).
Regarding claim 8, Synder discloses all of the limitations as noted above in claim 7. Synder further discloses:
wherein the identifier of the consumable item is received from the user device and the offer is transmitted to the user device prior to sale of the consumable item (Synder: paragraph [0025] - The database may also contain information as to what printer capabilities were previously purchased and which ones may still be purchased. This server may use this status information to determine what supplies, functions or other options to offer the customer via the online marketplace 310. The status information allows the customer to view one or more printer capabilities in the marketplace that correspond to the customer's printing device 315)
Regarding claim 9, Synder discloses all of the limitations as noted above in claim 7. Synder further discloses:
wherein identifying the offer comprises identifying the offer based on one or multiple of: the identifier of the consumable item; a location of the user device; a printing device in which the consumable item can be installed; and an identity of a user of the user device (Synder: paragraph [0025] - The database may also contain information as to what printer capabilities were previously purchased and which ones may still be purchased. This server may use this status information to determine what supplies, functions or other options to offer the customer via the online marketplace 310. The status information allows the customer to view one or more printer capabilities in the marketplace that correspond to the customer's printing device 315).
Regarding claim 16, Synder discloses all of the limitations as noted above in claim 1. Synder further discloses:
wherein the user device is the printing device in which the consumable item has been installed (Synder: paragraph [0020] - A networked computing device may be associated with one or more printing devices 40. A printing device may include, but is not limited to, a printer, copier, and/or scanner. A printing device may also contain a combination of functions.).
Regarding claim 18, Synder discloses all of the limitations as noted above in claim 1. Synder further discloses:
wherein the user device is a device other a printing device in which the consumable item has been installed or in which the consumable item is installable (Synder: paragraph [0033] - After the photo mode printer capability is purchased, the printer driver inside the customer's computer may be associated with the photo mode by downloading and installing the software activating it.).
Regarding claim 20, Synder discloses all of the limitations as noted above in claim 1. Synder further discloses:
wherein the consumable item is a supply of print material that a print device in which the consumable item is installed or in which the consumable item is installable uses for printing (Synder: Figure 4 - paper).
Regarding claim 21, Synder discloses all of the limitations as noted above in claim 1. Synder further discloses:
wherein identifying the feature associated with the consumable item or the offer associated with the consumable item comprises identifying the feature associated with the consumable item, (Synder: Figure 5 - use status information to determine what information to display in the online marketplace 310);
wherein transmitting the feature or the offer for display on the user device comprises transmitting the feature for display on the user device (Synder: Figure 5 - the online marketplace displays one or more printing capabilities which can be purchased 315);
wherein receiving acceptance of the feature or the offer comprises receiving acceptance of the feature, and wherein turning on the feature or fulfilling the offer comprises turning on the feature (Synder: Figure 5 - printer capability requested from the online marketplace 320).
Regarding claim 22, Synder discloses all of the limitations as noted above in claim 21. Synder further discloses:
wherein the feature extends functionality of the consumable item when or as installed in a printing device and that is available while a useful remaining life of the consumable item has not been exhausted by the printing device for printing (Synder: paragraph [0028] - Features that a customer can buy may include, but are not limited to, faster printing, photo mode, quality adjustments, and duplex or networking options.).
Regarding claim 23, Synder discloses all of the limitations as noted above in claim 21. Synder further discloses:
wherein the feature extends functionality of a printing device with which the consumable item is compatible (Synder: paragraph [0028] - Features that a customer can buy may include, but are not limited to, faster printing, photo mode, quality adjustments, and duplex or networking options.).
Regarding claim 24, Synder discloses all of the limitations as noted above in claim 23. Synder further discloses:
wherein the feature is not dependent on installation of the consumable item in any printing device with which the consumable item is compatible (Synder: paragraph [0033] - After the photo mode printer capability is purchased, the printer driver inside the customer's computer may be associated with the photo mode by downloading and installing the software activating it.).
Regarding claim 25, Synder discloses all of the limitations as noted above in claim 23. Synder further discloses:
wherein the feature remains available within the printing device with which the consumable item is compatible, even when a useful remaining life of the consumable item has been exhausted by the printing device for printing (Synder: paragraph [0033] - After the photo mode printer capability is purchased, the printer driver inside the customer's computer may be associated with the photo mode by downloading and installing the software activating it.).
Claim Rejections - 35 USC § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Synder (US 2009/0094135 A1) in view of Mukherjee et al (US 2023/0030686 A1).
Regarding claim 10, Synder discloses all of the limitations as noted above in claim 9. Synder does not expressly disclose wherein identifying the offer comprises identifying the offer using machine learning, and wherein the processing further comprises retraining the machine learning based on whether the offer was accepted or declined. Mukherjee discloses wherein identifying the offer comprises identifying the offer using machine learning, and wherein the processing further comprises retraining the machine learning based on whether the offer was accepted or declined (Mukherjee: paragraph [0042] - can be used in improving and modifying engines for dynamically selecting offers across multiple products. Training of machine learning algorithms can use both history data to improve the function of the algorithms in dynamic selection and organization of offers from among sets of available offers for a merchant).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method and apparatus of Synder to have included wherein identifying the offer comprises identifying the offer using machine learning, and wherein the processing further comprises retraining the machine learning based on whether the offer was accepted or declined, as taught by Mukherjee because it would improve the function of the algorithms in dynamic selection and organization of offers from among sets of available offers for a merchant (Mukherjee: paragraph [0042]).
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Synder (US 2009/0094135 A1) in view of Weaver (US 2003/0160992 A1).
Regarding claim 17, Synder discloses all of the limitations as noted above in claim 16. Synder does not expressly disclose wherein receiving, from the user device, the identifier of the consumable item comprises: receiving the identifier of the consumable item that is on the consumable item or that is on packaging of the consumable item, as has been: optically captured by an optical sensor of the user device as a quick response (QR) code, other type of two-dimensional (2D) or one-dimensional (1 D) bar code, or other type of optically scannable or readable code, orelectrically or electronically read or retrieved by a sensor of the user device as a radio frequency identifier (RFID), a near-field communication (NFC) tag, or a Bluetooth low energy (BLE) identifier. Weaver discloses wherein receiving, from the user device, the identifier of the consumable item comprises: receiving the identifier of the consumable item that is on the consumable item or that is on packaging of the consumable item, as has been: optically captured by an optical sensor of the user device as a quick response (QR) code, other type of two-dimensional (2D) or one-dimensional (1 D) bar code, or other type of optically scannable or readable code, or electrically or electronically read or retrieved by a sensor of the user device as a radio frequency identifier (RFID), a near-field communication (NFC) tag, or a Bluetooth low energy (BLE) identifier (Weaver: paragraph [0039] - As shown in FIG. 3, a feature-enabling system 100 also can be included in the printing device. In such an embodiment, feature-enabling system 100 preferably communicates with identification reader system 320. In particular, the identification reader system can be used to determine whether a user has provided appropriate information, e.g., feature authorization information 160 provided by an RFID tag, to the printing device so that printing can be enabled with the associated feature(s)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method and apparatus of Synder to have included wherein receiving, from the user device, the identifier of the consumable item comprises: receiving the identifier of the consumable item that is on the consumable item or that is on packaging of the consumable item, as has been: optically captured by an optical sensor of the user device as a quick response (QR) code, other type of two-dimensional (2D) or one-dimensional (1 D) bar code, or other type of optically scannable or readable code, or electrically or electronically read or retrieved by a sensor of the user device as a radio frequency identifier (RFID), a near-field communication (NFC) tag, or a Bluetooth low energy (BLE) identifier, as taught by Weaver because it would reduce the need for purchasing a new printing device (Weaver: paragraph [0005]).
Regarding claim 19, Synder discloses all of the limitations as noted above in claim 18. Synder does not expressly disclose wherein receiving, from the user device, the identifier of the consumable item comprises: receiving the identifier of the consumable item stored in a security-hardened integrated circuit (IC) of the consumable item, in a RFID of the consumable item, a NFC tag of the consumable item, or as a BLE identifier of the consumable item, and as has been electrically or electronically read or retrieved by control circuitry of the printing device. Weaver discloses wherein receiving, from the user device, the identifier of the consumable item comprises: receiving the identifier of the consumable item stored in a security-hardened integrated circuit (IC) of the consumable item, in a RFID of the consumable item, a NFC tag of the consumable item, or as a BLE identifier of the consumable item, and as has been electrically or electronically read or retrieved by control circuitry of the printing device (Weaver: paragraph [0039] - As shown in FIG. 3, a feature-enabling system 100 also can be included in the printing device. In such an embodiment, feature-enabling system 100 preferably communicates with identification reader system 320. In particular, the identification reader system can be used to determine whether a user has provided appropriate information, e.g., feature authorization information 160 provided by an RFID tag, to the printing device so that printing can be enabled with the associated feature(s)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method and apparatus of Synder to have included wherein receiving, from the user device, the identifier of the consumable item comprises: receiving the identifier of the consumable item stored in a security-hardened integrated circuit (IC) of the consumable item, in a RFID of the consumable item, a NFC tag of the consumable item, or as a BLE identifier of the consumable item, and as has been electrically or electronically read or retrieved by control circuitry of the printing device, as taught by Weaver because it would reduce the need for purchasing a new printing device (Weaver: paragraph [0005]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN G PALAVECINO whose telephone number is (571)270-1355. The examiner can normally be reached M-F 9-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Smith can be reached at (571) 272-6763. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KATHLEEN GAGE PALAVECINO
Primary Examiner
Art Unit 3688
/KATHLEEN PALAVECINO/Primary Examiner, Art Unit 3688
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