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.
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Claims 1 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 10 of U.S. Patent No. 12137191 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because Patent 12137191 B2 is narrower than independent claims since it includes the information being obtained of the main body information indicates sheet characteristics for each of the one or more feed trays while the current claim only claims the information related to the one or more feed trays of the printer without more detail.
Application 18903056
Patent 12137191 B2
Claim 1.
A non-transitory computer-readable storage medium storing computer-readable instructions that are executable by a processor of an information processing device and compatible with a printer connected with the information processing device,
the printer having one or more feed trays,
the instructions supporting a general-purpose printing program incorporated in advance in an operating system of the information processing device, the instructions being configured to, when executed by the processor, cause the information processing device to perform:
obtaining,
from the printer,
information related to the one or more feed trays of the printer;
obtaining print settings from the general-purpose printing program, the general-purpose printing program being configured to handle data for displaying a print setting screen on a display, the print setting screen being configured to accept, as the print settings, specified values set for a plurality of settable items including items related to the one or more feed trays;
generating notification data based on the obtained information related to the one or more feed trays,
the notification data being related to a specified feed tray set in the obtained print settings; and
providing the generated notification data to the general-purpose printing program, thereby enabling the notification data to be displayed on the print setting screen.
Claim 11.
A method implementable on a processor of an information processing device that executes a support program supporting a general-purpose printing program incorporated in advance in an operating system of the information processing device, the support program being compatible with a printer that is connected with the information processing device and has one or more feed trays, the method comprising:
obtaining, from the printer, information related to the one or more feed trays of the printer;
obtaining print settings from the general-purpose printing program, the general-purpose printing program being configured to handle data for displaying a print setting screen on a display, the print setting screen being configured to accept, as the print settings, specified values set for a plurality of settable items including items related to the one or more feed trays;
generating notification data based on the obtained information related to the one or more feed trays, the notification data being related to a specified feed tray set in the obtained print settings; and
providing the generated notification data to the general-purpose printing program, thereby enabling the notification data to be displayed on the print setting screen.
Claim 1.
A non-transitory computer-readable storage medium storing computer-readable instructions that are executable by a processor of an information processing device and compatible with a printer connected with the information processing device,
the instructions supporting a general-purpose printing program incorporated in advance in an operating system of the information processing device, the instructions being configured to, when executed by the processor, cause the information processing device to perform:
obtaining main body information stored in the printer, the printer having one or more feed trays and
storing the main body information indicating sheet characteristics for each of the one or more feed trays;
obtaining print settings from the general-purpose printing program, the general-purpose printing program being configured to handle data for displaying a print setting screen on the display, the print setting screen being configured to accept, as the print settings, specified values set for a plurality of settable items including items of
sheet characteristics and an item of feed tray;
generating notification data based on the obtained main body information,
the notification data including sheet information indicating the sheet characteristics for a specified feed tray set in the obtained print settings; and
providing the generated notification data to the general-purpose printing program, thereby enabling the notification data to be displayed on the print setting screen.
Claim 10.
A method implementable on a processor of an information processing device that executes a support program supporting a general-purpose printing program incorporated in advance in an operating system of the information processing device, the support program being compatible with a printer connected with the information processing device, the method comprising:
obtaining main body information stored in the printer, the printer having one or more feed trays and storing the main body information indicating sheet characteristics for each of the one or more feed trays;
obtaining print settings from the general-purpose printing program, the general-purpose printing program being configured to handle data for displaying the print setting screen on the display, the print setting screen being configured to accept, as the print settings, specified values set for a plurality of settable items including items of sheet characteristics and an item of feed tray;
generating notification data based on the obtained main body information, the notification data including sheet information indicating the sheet characteristics for a specified feed tray set in the obtained print settings; and
providing the generated notification data to the general-purpose printing program, thereby enabling the notification data to be displayed on the print setting screen.
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, 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.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hosomizo (US 20200249881 A1) in view of Shimakawa (US 2023/0128864 A1).
With respect to Claim 1, Hosomizo’881 shows a non-transitory computer-readable storage medium storing computer-readable instructions that are executable by a processor of an information processing device and compatible with a printer connected with the information processing device (paragraph [0007] non-transitory computer-readable recording medium for an information processing apparatus the recording medium containing computer-executable instructions realize a supporting program corresponding to a printer connected to the information processing apparatus. The supporting program causes, when executed by the controller, the information processing apparatus to perform a capability information obtaining process of obtaining capability information concerning a capability of the printer),
the printer having one or more feed trays (paragraph [0038] main unit capability value includes, for example, information concerning types of printing that the printer can execute and information concerning process units and sheet feed trays that are mounted to the printer), the instructions supporting a general-purpose printing program incorporated in advance in an operating system of the information processing device, the instructions being configured to, when executed by the processor (paragraph [0007]), cause the information processing device to perform:
obtaining, from the printer, information related to the one or more feed trays of the printer obtaining process of obtaining capability information concerning a capability of the printer (paragraph [0007] obtaining process of obtaining capability information concerning a capability of the printer, paragraph [0038] obtains a main unit capability value indicating all the capabilities that the printer can handle. The main unit capability value includes, for example, information concerning types of printing that the printer can execute and information concerning process units and sheet feed trays that are mounted to the printer);
obtaining print settings from the general-purpose printing program (paragraph [0033] obtaining print settings), the general-purpose printing program being configured to handle data for displaying a print setting screen on a display, the print setting screen being configured to accept, as the print settings, specified values set for a plurality of settable items (paragraphs [0035], [0047], [0058] when an instruction to display a list of printers for the selection of a printer is received (arrow b), the editing APP 43 obtains information of a list of selectable printers from the general-use printing program 41, Figures 2 and 6) including items related to the one or more feed trays (paragraph [0059] display the additional sheet feed tray in the setting screen 61 as an option of the sheet tray and receive a selection of the additional sheet feed tray);
generating notification data based on the obtained information (paragraphs [0062]-[0063] delivers a print execution notification indicating contents of received print instruction ) [ ]; and
providing the generated notification data to the general-purpose printing program, thereby enabling the notification data to be displayed on the print setting screen (Figure 2 displaying print setting screen n).
Hosomizo’881 does not specifically show the notification data based on the obtained information related to the one or more feed trays, the notification data being related to a specified feed tray set in the obtained print settings.
Shimakawa’864 shows notification data based on the obtained information related to the one or more feed trays, the notification data being related to a specified feed tray set in the obtained print settings (paragraph [0088] figures 10-13 showing a screen indicating completion of the sheet setting provided by the sheet setting application, and corresponds to a screen for displaying the setting contents in case of pressing the button 310 for “type B-C of B express” to perform the sheet setting for the manual feed tray according to the settings of the application).
At the time of the invention, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify Hosomizo’881 to include notification data based on the obtained information related to the one or more feed trays, the notification data being related to a specified feed tray set in the obtained print settings method taught by Shimakawa’864. The suggestion/motivation for doing so would have been to improve the system’s ability to be able to improving usability by allowing the users to see the displayed tray information (paragraph [0109]).
With respect to Claim 2, the combination of Hosomizo’881 and Shimakawa’864 shows the non-transitory computer-readable storage medium according to claim 1, wherein the notification data causes the information processing device to display an object related to a sheet settable in the specified feed tray (in Shimakawa’864: figures 7 and 8).
With respect to Claim 3, the combination of Hosomizo’881 and Shimakawa’864 shows the non-transitory computer-readable storage medium according to claim 2, wherein the object includes an image of the specified feed tray (in Shimakawa’864: figures 7 and 8).
With respect to Claim 4, the combination of Hosomizo’881 and Shimakawa’864 shows the non-transitory computer-readable storage medium according to claim 2, wherein the object includes a character string (in Shimakawa’864: figures 12-13).
With respect to Claim 5, the combination of Hosomizo’881 and Shimakawa’864 shows the non-transitory computer-readable storage medium according to claim 2, wherein the specified feed tray is a manual feed tray (in Shimakawa’864: figures 12 displaying manual feed tray).
With respect to Claim 6, the combination of Hosomizo’881 and Shimakawa’864 shows the non-transitory computer-readable storage medium according to claim 1, wherein the instructions are further configured to, when executed by the processor, cause the information processing device to: perform said obtaining the information related to the one or more feed trays of the printer via the general-purpose printing program (in Hosomizo’881: figure 2 providing request h and obtaining environment information i).
With respect to Claim 7, the combination of Hosomizo’881 and Shimakawa’864 shows the non-transitory computer-readable storage medium according to claim 1, wherein the instructions are further configured to, when executed by the processor, cause the information processing device to: in response to a request from the general-purpose printing program after the printer is selected, perform said obtaining the information related to the one or more feed trays of the printer (in Hosomizo’881: figure 2 selection of printer c, providing request h ), and storing the obtained information in a memory (in Hosomizo’881: figure 3 storing capability value S105); and perform, in said generating, reading out the information stored in the memory and generating the notification data based on the read information (in Hosomizo’881: figure 2 displaying print setting screen n after receiving capability value m).
With respect to Claim 8, the combination of Hosomizo’881 and Shimakawa’864 shows the non-transitory computer-readable storage medium according to claim 7, wherein the instructions are further configured to, when executed by the processor, cause the information processing device to: perform said obtaining the print settings after said obtaining the information related to the one or more feed trays of the printer in response to the request from the general-purpose printing program after the printer is selected (in Hosomizo’881: in figure 2 displaying print setting screen n ).
With respect to Claim 9, the combination of Hosomizo’881 and Shimakawa’864 shows the non-transitory computer-readable storage medium according to claim 1, wherein the notification data includes error information of the specified feed tray set in the obtained print settings (in Shimakawa’864: paragraph [0110] displays the sheet setting screen in the operation unit 116 to indicate how to set sheets such as the orientation of the sheets as shown in FIGS. 7 and 8. Thus, it is possible to prevent printing errors caused by sheet settings such as setting of sheets in a wrong orientation).
With respect to Claim 10, the combination of Hosomizo’881 and Shimakawa’864 shows the non-transitory computer-readable storage medium according to claim 1, wherein the instructions are further configured to, when executed by the processor, cause the information processing device to perform: in response to a request from the general-purpose printing program after a print instruction to print a target image is output from an application program incorporated in the information processing device to the general-purpose printing program, obtaining image data representing the target image from the general-purpose printing program, and sending to the printer a print command based on the obtained image data (in Shimakawa’864: figure 6 print command (print data) N).
With respect to Claim 11, rejection analogous to those presented for claim 1, are applicable.
With respect to Claim 12, rejection analogous to those presented for claim 2, are applicable.
With respect to Claim 13, rejection analogous to those presented for claim 3, are applicable.
With respect to Claim 14, rejection analogous to those presented for claim 4, are applicable.
With respect to Claim 15, rejection analogous to those presented for claim 5, are applicable.
With respect to Claim 16, rejection analogous to those presented for claim 6, are applicable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRIANA CRUZ whose telephone number is (571)270-3246. The examiner can normally be reached 10-6.
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/IRIANA CRUZ/Primary Examiner, Art Unit 2681
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