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 .
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 21-31, 32-42 and 43 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,124,899 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because it is clear that all the elements of the application claims 21-43 are to be found in patent claims 1-23 (as the application claims 21-43 fully encompasses patent claims 1-23). The difference between the application claims 21-43 and the patent claims 1-23 lies in the fact that the patent claims includes many more elements and is thus much more specific. Thus the invention of claims 1-23 of the patent is in effect a “species” of the “generic” invention of the application claims 21-43. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims 21-43 are anticipated by claims 1-23 of the patent, it is not patentably distinct from claims 1-23 of the patent.
Instant 18/889,529
Patent 12,124,899 B2
21. A system that includes at least one server that can obtain information relating to a printing apparatus and that can communicate with a voice device,
the at least one server comprising:
at least one memory and at least one processor which function as:
an obtainment unit configured to obtain information relating to a remaining amount of a consumable item used in the printing apparatus; and
a controlling unit configured to, in a case where a predetermined condition corresponding to a remaining amount of the consumable item becoming low is satisfied based on the information relating to the remaining amount of the consumable item, perform control for causing a specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device.
1. A system that includes a printing apparatus and at least one server which can communicate with [a voice device management server] which manages a voice device,
the at least one server comprising:
at least one memory and at least one processor [and/or at least one circuit] which function as:
an obtainment unit configured to obtain information relating to a remaining amount of a consumable item used in the printing apparatus; and
a controlling unit configured to, in case where a predetermined condition corresponding to a remaining amount of the consumable item becoming low is satisfied based on the information relating to the remaining amount of a consumable item, perform control for causing a specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device.
22. The system according to claim 21,
wherein the controlling unit, in a case where the predetermined condition is not satisfied, does not perform the control for causing the specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device.
2. The system according to claim 1, wherein the controlling unit, in a case where the predetermined condition is not satisfied, does not perform the control for causing the specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device.
23. The system according to claim 21, wherein the control for causing the specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device is a control to transmit specific information to a voice device management server.
3. The system according to claim 1, wherein the control for causing the specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device is a control to transmit specific information to the voice device management server.
24. The system according to claim 23, wherein the specific information is information indicating that notification to a user via the voice device should be performed.
4. The system according to claim 3, wherein the specific information is information indicating that notification to a user via the voice device should be performed.
25. The system according to claim 23, wherein message data indicating a message for the specific notification is transmitted from the voice device management server to the voice device, based on the voice device management server receiving the specific information.
5. The system according to claim 3, wherein message data indicating a message for the specific notification is transmitted from the voice device management server to the voice device, based on the voice device management server receiving the specific information.
26. The system according to claim 25, wherein the message indicated by the message data is output by voice as the specific notification, in response to an inquiry by voice to the voice device from a user after the voice device receives the message data.
6. The system according to claim 5, wherein the message indicated by the message data is output by voice as the specific notification, in response to an inquiry by voice to the voice device from a user after the voice device receives the message data.
27. The system according to claim 26, wherein processing for placing an order for the consumable item is performed based on a voice instruction from a user being accepted by the voice device in response to the message indicated by the message data being output by voice as the specific notification.
7. The system according to claim 6, wherein processing for placing an order for the consumable item is performed based on a voice instruction from a user being accepted by the voice device in response to the message indicated by the message data being output by voice as the specific notification.
28. The system according to claim 21, wherein processing by the obtainment unit and processing by the controlling unit are started at, at least one of a timing at which the printing apparatus has executed print processing and a predetermined time.
8. The system according to claim 1, wherein processing by the obtainment unit and processing by the controlling unit are started at, at least one of a timing at which the printing apparatus has executed print processing and a predetermined time.
29. The system according to claim 21, wherein the predetermined condition includes a condition that the remaining amount of the consumable item becomes lower than a threshold.
9. The system according to claim 1, wherein the predetermined condition includes a condition that the remaining amount of the consumable item becomes lower than a threshold.
30. The system according to claim 21, wherein account information of a voice control service provided by the voice device management server and information of the printing apparatus are associated in advance.
10. The system according to claim 1, wherein account information of a voice control service provided by the voice device management server and information of the printing apparatus are associated in advance.
31. The system according to claim 21, wherein the consumable item is at least one of ink and paper.
11. The system according to claim 1, wherein the consumable item is at least one of ink and paper.
32. A method of controlling a system that includes at least one server, that can obtain information relating to a printing apparatus, and that can communicate with a voice device, the method comprising:
obtaining information relating to a remaining amount of a consumable item used in the printing apparatus; and
in a case where a predetermined condition corresponding to a remaining amount of the consumable item becoming low is satisfied based on the information relating to remaining amount of the consumable item, causing a specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device.
12. A method of controlling a printing apparatus and at least one server which can communicate with [a voice device management server] which manages a voice device, the method comprising:
obtaining information relating to a remaining amount of a consumable item used in the printing apparatus; and
in case where a predetermined condition corresponding to a remaining amount of the consumable item becoming low is satisfied based on the information relating to remaining amount of a consumable item, causing a specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device.
(Note, a printing apparatus and at least one server and a voice device is a system).
33. The method according to claim 32, wherein, in a case where the predetermined condition is not satisfied, the specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device is not performed.
13. The method according to claim 12, wherein, in a case where the predetermined condition is not satisfied, the specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device is not performed.
34. The method according to claim 32, wherein the specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device is a transmission of specific information to a voice device management server.
14. The method according to claim 12, wherein the specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device is a transmission of specific information to the voice device management server.
35. The method according to claim 34, wherein the specific information is information indicating that notification to a user via the voice device should be performed.
15. The method according to claim 14, wherein the specific information is information indicating that notification to a user via the voice device should be performed.
36. The method according to claim 34, wherein message data indicating a message for the specific notification is transmitted from the voice device management server to the voice device, based on the voice device management server receiving the specific information.
16. The method according to claim 14, wherein message data indicating a message for the specific notification is transmitted from the voice device management server to the voice device, based on the voice device management server receiving the specific information.
37. The method according to claim 36, wherein the message indicated by the message data is output by voice as the specific notification, in response to an inquiry by voice to the voice device from a user after the voice device receives the message data.
17. The method according to claim 16, wherein the message indicated by the message data is output by voice as the specific notification, in response to an inquiry by voice to the voice device from a user after the voice device receives the message data.
38. The method according to claim 37, wherein processing for placing an order for the consumable item is performed based on a voice instruction from a user being accepted by the voice device in response to the message indicated by the message data being output by voice as the specific notification.
18. The method according to claim 17, wherein processing for placing an order for the consumable item is performed based on a voice instruction from a user being accepted by the voice device in response to the message indicated by the message data being output by voice as the specific notification.
39. The method according to claim 32, wherein processing of the obtaining and processing of the specific notification is started at, at least one of a timing at which the printing apparatus has executed print processing and a predetermined time.
19. The method according to claim 12, wherein processing is started at, at least one of a timing at which the printing apparatus has executed print processing and a predetermined time.
(Note “obtaining” and “specific notification” are recited in claim 12 above).
40. The method according to claim 32, wherein the predetermined condition includes a condition that the remaining amount of the consumable item becomes lower than a threshold.
20. The method according to claim 12, wherein the predetermined condition includes a condition that the remaining amount of the consumable item becomes lower than a threshold.
41. The method according to claim 32, wherein account information of a voice control service provided by the voice device management server and information of the printing apparatus are associated in advance.
21. The method according to claim 12, wherein account information of a voice control service provided by the voice device management server and information of the printing apparatus are associated in advance.
42. The method according to claim 32, wherein the consumable item is at least one of ink and paper.
22. The method according to claim 12, wherein the consumable item is at least one of ink and paper.
43. A non-transitory computer-readable storage medium storing one or more programs for executing a method for controlling a system that includes at least one server, that can obtain information relating to a printing apparatus, and that can communicate with a voice device, the method comprising:
obtaining information relating to a remaining amount of a consumable item used in the printing apparatus; and
in a case where a predetermined condition corresponding to a remaining amount of the consumable item becoming low is satisfied based on the information relating to remaining amount of the consumable item, performing control for causing a specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device.
23. A non-transitory computer-readable storage medium for controlling a printing apparatus and at least one server which can communicate with [a voice device management server] which manages a voice device, to
obtain information relating to remaining amount of a consumable item used in the printing apparatus; and
in case where a predetermined condition corresponding to a remaining amount of the consumable item becoming low is satisfied based on the information relating to remaining amount of a consumable item, perform control for causing a specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device.
(Note that a non-transitory computer-readable storage medium inherently stores one or more programs and includes a method, and the printing apparatus, server and voice device is a system).
Allowable Subject Matter
Claims 21-43 would be allowable if the double patenting rejection, stated and discussed above, of claims 21-43 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,124,899 B2, is/are overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claim 21, the closest prior art of record, namely, Sakamoto (US 2021/0006673 A1), cited by applicant submitted IDS dated 09/19/2024, discloses a system (see figure 1) that includes at least one server (see figure 1, i.e., printing apparatus management service 300, see paragraph 0023, lines 1-3, i.e., 300 is formed by a server) that can obtain information relating to a printing apparatus (see figure 1, i.e., MFP 400) and that can communicate with a voice device (see figure 1, i.e., voice control device 100), the at least one server (300, see figure 4) comprising: at least one memory (see fig. 4, memory 203, external storage 202 and storage device 210) and at least one processor (CPU 201) which function as.
Sakamoto (US 2021/0006673 A1) further discloses MFP 400 includes printer unit 501 manages ink information including the remaining amount of ink and sheet information including the number of stacked sheets (reads on: a remaining amount of a consumable item, (i.e., sheets or ink), used in the printing apparatus) (see par 0038), and application 507 in the MFP 400 (see fig. 3) access the printer unit 501 to acquire consumable supplies information concerning ink, a sheet and the like (see par 0041).
However, the closest prior art of record, namely, Sakamoto (US 2021/0006673 A1), cited by applicant submitted IDS dated 09/19/2024, discussed above, does not disclose, teach or suggest, the at least one server comprising: at least one memory and at least one processor which function as: an obtainment unit configured to obtain information relating to a remaining amount of a consumable item used in the printing apparatus; and a controlling unit configured to, in case where a predetermined condition corresponding to a remaining amount of the consumable item becoming low is satisfied based on the information relating to the remaining amount of a consumable item, perform control for causing a specific notification corresponding to the remaining amount of the consumable item becoming low to be notified from the voice device, as recited in independent claim 21.
Claims 22-31 are allowable because they are dependent on allowable independent claim 21 discussed above.
Independent claim 32 is directed to a method (see par 1, i.e., method, par 87, i.e., method, and see claim 8, i.e., method) of controlling a system (see figure 1) that includes at least one server (see figure 1, i.e., printing apparatus management service 300, see paragraph 0023, lines 1-3, i.e., 300 is formed by a server), that can obtain information relating to a printing apparatus (see figure 1, i.e., MFP 400), and that can communicate with a voice device (see figure 1, i.e., voice control device 100). Claim 32 recites the same and/or similar claim limitations and/or features, as recited in the analogous system claim of independent claim 21 discussed above. Therefore, independent claim 32 is allowable for the same and/or similar reasons, as discussed above, in independent claim 21, discussed above.
Claims 33-42 are allowable because they are dependent on allowable independent claim 32 discussed above.
Independent claim 43 is directed to a non-transitory computer-readable storage medium (see par 0087, i.e., non-transitory computer-readable storage) storing one or more programs (see par 0087, i.e., one or more programs) for executing a method (see par 1, i.e., method, par 87, i.e., method, and see claim 8, i.e., method) for controlling a system (see figure 1) that includes at least one server (see figure 1, i.e., 300), that can obtain information relating to a printing apparatus (see figure 1, i.e., 400), and that can communicate with a voice device (see figure 1, i.e., 100). Claim 43 recites the same or similar claim limitations or features, as recited in the analogous system claim of independent claim 21 discussed above. Therefore, independent claim 43 is allowable for the same or similar reasons, as discussed above, in independent claim 21 discussed above.
Conclusion
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/DOV POPOVICI/ Primary Examiner, Art Unit 2681
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