Prosecution Insights
Last updated: July 17, 2026
Application No. 18/919,511

COLORIMETRIC SHEET PRODUCTION METHOD, COLORIMETRIC SHEET PRODUCTION PROGRAM, PRINTER PRODUCTION METHOD, AND PRINTER PRODUCTION PROGRAM

Non-Final OA §112
Filed
Oct 18, 2024
Priority
Oct 20, 2023 — JP 2023-180757
Examiner
DOTTIN, DARRYL V
Art Unit
Tech Center
Assignee
Seiko Epson Corporation
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
428 granted / 541 resolved
+19.1% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
13 currently pending
Career history
553
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
67.2%
+27.2% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 541 resolved cases

Office Action

§112
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). Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/18/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Status of Claims Claims 1-13 are pending in this application. Oath/Declaration The receipt of Oath/Declaration is acknowledged. Drawings 6. The receipt of Drawings is acknowledged. Claim Rejections - 35 USC § 112 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-13 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. Claim 1 recites the limitation "the same number of patches" in line14. There is insufficient antecedent basis for this limitation in the claim. Please correct as follows: “a same number of patches”. Claim 9 recites the limitation "the same number of patches" in line17. There is insufficient antecedent basis for this limitation in the claim. Please correct as follows: “a same number of patches”. Claim 10 recites the limitation "the same number of patches" in line19. There is insufficient antecedent basis for this limitation in the claim. Please correct as follows: “a same number of patches”. Claim 11 recites the limitation "the same number of patches" in line 16. There is insufficient antecedent basis for this limitation in the claim. Please correct as follows: “a same number of patches”. Claim 12 recites the limitation "the same number of patches" in line 19. There is insufficient antecedent basis for this limitation in the claim. Please correct as follows: “a same number of patches”. Claim 13 recites the limitation "the same number of patches" in line 21. There is insufficient antecedent basis for this limitation in the claim. Please correct as follows: “a same number of patches”. Examiner’s Statement of Reasons for Allowance Claims 1, 9, 10, 11, 12 and 13 are objected to but would be allowable if rewritten to overcome the 35 U.S.C. 112(b) Rejection for insufficient antecedent basis. 16. Claims 2-8 are 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. 17. The following is a statement of reasons for the indication of allowable subject matter: Regarding Independent Claim 1, the prior art(s) searched and of record neither anticipates nor makes obvious nor discloses or suggests the claimed limitations of the claimed subject matter of independent claim 1 as follows: “producing a colorimetric sheet by printing, using a printer, a color chart on the medium having the designated size, wherein when a size of a colorimetry jig in a first direction in which a colorimeter is moved using the colorimetry jig is A, and a value corresponding to a size of the colorimeter is B, and in a case in which the sizes are, in order from largest, the first size, the second size, A-B, and the third size, when the size of the medium in the first direction is the first size and the second size, the color chart is printed in which the same number of patches are arranged in the first direction, and when the size of the medium in the first direction is the third size, the color chart is printed in which the number of the patches arranged in the first direction is smaller than the number in a case of the second size.”, in addition to all the limitations as required by the independent claim 1. In the primary prior art cited but not relied upon, Nakashio (US PG. Pub. 2023/0044272 A1) teaches in Claim 1, An information processing apparatus for verifying a color accuracy of a printer by performing colorimetry of a color patch arranged on a chart output from the printer, the information processing apparatus comprising: a memory that stores a program; and a processor that executes the program to perform: determination processing to check whether it is possible to perform the colorimetry based on chart configuration information indicating the configuration of the chart and specification information indicating specifications of a measuring device that is used for the colorimetry of the color patch; and outputting results of the determination processing. In the secondary prior art cited but not relied upon, Takesue (US PG. Pub. 2024/0106966 A1) discloses in claim 1, a printing unit configured to perform print processing based on image data; an image processing unit configured to perform color adjustment processing for the image data by using color adjustment information in accordance with characteristics of the printing unit; a first generation unit configured to generate the color adjustment information based on scanned data obtained by reading a first chart output from the printing unit by a scan unit; and a second generation unit configured to generate scan correction information in accordance with reading characteristics of the scan unit based on colorimetric data obtained by measuring a second chart output from the printing unit by a colorimetry unit, wherein the image processing unit performs the color adjustment processing for image data of the second chart before the printing unit prints and outputs the second chart, which is a target of the measurement, in a case where the second generation unit generates the scan correction information. In particular, the closest cited reference of Nakashio fails to disclose and would not have rendered obvious the claimed subject matter of independent claim 1. Also, secondary prior art cited of Takesue does not remedy the deficiencies required by claim 1 as follows: “producing a colorimetric sheet by printing, using a printer, a color chart on the medium having the designated size, wherein when a size of a colorimetry jig in a first direction in which a colorimeter is moved using the colorimetry jig is A, and a value corresponding to a size of the colorimeter is B, and in a case in which the sizes are, in order from largest, the first size, the second size, A-B, and the third size, when the size of the medium in the first direction is the first size and the second size, the color chart is printed in which the same number of patches are arranged in the first direction, and when the size of the medium in the first direction is the third size, the color chart is printed in which the number of the patches arranged in the first direction is smaller than the number in a case of the second size.”, since both Nakashio and Takesue fail to provide a colorimetric sheet processing with sheet size setting and designation steps for producing a colorimetric print sheet using a color printer and color chart when a size of a colorimetry jig in a first direction in which a colorimeter is moved using the colorimetry jig is A, and a value corresponding to a size of the colorimeter is B, and in a case in which the sizes are, in order from largest, the first size, the second size, A-B, and the third size for color patch processing and arrangement as suggested by the claim. Regarding Independent Claim 9, the prior art(s) searched and of record neither anticipates nor makes obvious nor discloses or suggests the claimed limitations of the claimed subject matter of independent claim 9 as follows: “receiving designation of a size of a medium from among a plurality of sizes including a first size, a second size, and a third size; and producing a colorimetric sheet by printing, using a printer, a color chart on the medium having the designated size, wherein a size of color measurement in a first direction, in which a colorimeter is moved using a colorimetry jig, when the color measurement is started from one end portion in the first direction and ended at another end portion in the first direction is a threshold value, in a case in which the sizes are, in order from largest, the first size, the second size, the threshold value, and the third size, when the size of the medium in the first direction is the first size and the second size, the color chart is printed in which the same number of patches are aligned in the first direction, and when the size of the medium in the first direction is the third size, the color chart is printed in which the number of the patches arranged in the first direction is smaller than the number in a case of the second size.”, in addition to all the limitations as required by the independent claim 9. In the primary prior art cited but not relied upon, Nakashio (US PG. Pub. 2023/0044272 A1) teaches in claim 1, An information processing apparatus for verifying a color accuracy of a printer by performing colorimetry of a color patch arranged on a chart output from the printer, the information processing apparatus comprising: a memory that stores a program; and a processor that executes the program to perform: determination processing to check whether it is possible to perform the colorimetry based on chart configuration information indicating the configuration of the chart and specification information indicating specifications of a measuring device that is used for the colorimetry of the color patch; and outputting results of the determination processing. In the secondary prior art cited but not relied upon, Takesue (US PG. Pub. 2024/0106966 A1) discloses in claim 1, a printing unit configured to perform print processing based on image data; an image processing unit configured to perform color adjustment processing for the image data by using color adjustment information in accordance with characteristics of the printing unit; a first generation unit configured to generate the color adjustment information based on scanned data obtained by reading a first chart output from the printing unit by a scan unit; and a second generation unit configured to generate scan correction information in accordance with reading characteristics of the scan unit based on colorimetric data obtained by measuring a second chart output from the printing unit by a colorimetry unit, wherein the image processing unit performs the color adjustment processing for image data of the second chart before the printing unit prints and outputs the second chart, which is a target of the measurement, in a case where the second generation unit generates the scan correction information. In particular, the closest cited reference of Nakashio fails to disclose and would not have rendered obvious the claimed subject matter of independent claim 9. Also, secondary prior art cited of Takesue does not remedy the deficiencies required by claim 9 as follows: “receiving designation of a size of a medium from among a plurality of sizes including a first size, a second size, and a third size; and producing a colorimetric sheet by printing, using a printer, a color chart on the medium having the designated size, wherein a size of color measurement in a first direction, in which a colorimeter is moved using a colorimetry jig, when the color measurement is started from one end portion in the first direction and ended at another end portion in the first direction is a threshold value, in a case in which the sizes are, in order from largest, the first size, the second size, the threshold value, and the third size, when the size of the medium in the first direction is the first size and the second size, the color chart is printed in which the same number of patches are aligned in the first direction, and when the size of the medium in the first direction is the third size, the color chart is printed in which the number of the patches arranged in the first direction is smaller than the number in a case of the second size.”, since both Nakashio and Takesue fail to provide a colorimetric sheet processing with sheet size setting and designation steps for producing a colorimetric print sheet using a color printer and color chart a size of color measurement in a first direction, in which a colorimeter is moved using a colorimetry jig, when the color measurement is started from one end portion in the first direction and ended at another end portion in the first direction is a threshold value, in a case in which the sizes are, in order from largest, the first size, the second size, the threshold value, and the third size for color patch processing and alignement as suggested by the claim. Regarding Independent Claim 10, the prior art(s) searched and of record neither anticipates nor makes obvious nor discloses or suggests the claimed limitations of the claimed subject matter of independent claim 10 as follows: “receiving designation of a size of a medium from among a plurality of sizes including a first size, a second size, and a third size; producing a colorimetric sheet by printing, using a printer, a color chart on the medium having the designated size; causing a user to manually perform color measurement on the color chart of the colorimetric sheet; creating adjusted color data based on a result of the color measurement; and storing the adjusted color data in the printer, wherein when a size of a colorimetry jig in a first direction in which a colorimeter is moved using the colorimetry jig is A, and a value corresponding to a size of the colorimeter is B, and in a case in which the sizes are, in order from largest, the first size, the second size, A-B, and the third size, when the size of the medium in the first direction is the first size and the second size, the color chart is printed in which the same number of patches are arranged in the first direction, and when the size of the medium in the first direction is the third size, the color chart is printed in which the number of patches arranged in the first direction is smaller than the number in a case of the second size.”, in addition to all the limitations as required by the independent claim 10. In the primary prior art cited but not relied upon, Nakashio (US PG. Pub. 2023/0044272 A1) teaches in Claim 1, An information processing apparatus for verifying a color accuracy of a printer by performing colorimetry of a color patch arranged on a chart output from the printer, the information processing apparatus comprising: a memory that stores a program; and a processor that executes the program to perform: determination processing to check whether it is possible to perform the colorimetry based on chart configuration information indicating the configuration of the chart and specification information indicating specifications of a measuring device that is used for the colorimetry of the color patch; and outputting results of the determination processing. In the secondary prior art cited but not relied upon, Takesue (US PG. Pub. 2024/0106966 A1) discloses in claim 1, a printing unit configured to perform print processing based on image data; an image processing unit configured to perform color adjustment processing for the image data by using color adjustment information in accordance with characteristics of the printing unit; a first generation unit configured to generate the color adjustment information based on scanned data obtained by reading a first chart output from the printing unit by a scan unit; and a second generation unit configured to generate scan correction information in accordance with reading characteristics of the scan unit based on colorimetric data obtained by measuring a second chart output from the printing unit by a colorimetry unit, wherein the image processing unit performs the color adjustment processing for image data of the second chart before the printing unit prints and outputs the second chart, which is a target of the measurement, in a case where the second generation unit generates the scan correction information. In particular, the closest cited reference of Nakashio fails to disclose and would not have rendered obvious the claimed subject matter of independent claim 10. Also, secondary prior art cited of Takesue does not remedy the deficiencies required by claim 10 as follows: “receiving designation of a size of a medium from among a plurality of sizes including a first size, a second size, and a third size; producing a colorimetric sheet by printing, using a printer, a color chart on the medium having the designated size; causing a user to manually perform color measurement on the color chart of the colorimetric sheet; creating adjusted color data based on a result of the color measurement; and storing the adjusted color data in the printer, wherein when a size of a colorimetry jig in a first direction in which a colorimeter is moved using the colorimetry jig is A, and a value corresponding to a size of the colorimeter is B, and in a case in which the sizes are, in order from largest, the first size, the second size, A-B, and the third size, when the size of the medium in the first direction is the first size and the second size, the color chart is printed in which the same number of patches are arranged in the first direction, and when the size of the medium in the first direction is the third size, the color chart is printed in which the number of patches arranged in the first direction is smaller than the number in a case of the second size.”, since both Nakashio and Takesue fail to provide a colorimetric sheet processing with sheet size setting and designation steps for producing a colorimetric print sheet using a color printer and color chart when a size of a colorimetry jig in a first direction in which a colorimeter is moved using the colorimetry jig is A, and a value corresponding to a size of the colorimeter is B and causing a user to manually perform color measurement on the color chart of the colorimetric sheet; creating adjusted color data based on color measurement results and storing of the adjusted color data in the printer, wherein colorimeter size in order from largest, to smallest with the first size, the second size, A-B, and the third size and when the size of the medium in the first direction is the third size, the color chart is printed in which the number of patches arranged in the first direction is smaller than the number in a case of the second size as suggested by the claim. 18. Therefore, whether taken individually or in combination therof, the prior arts searched, cited and of record to include Nakashio and Takesue fails to explicitly teach the claimed limitation(s) as required by independent claims 1 and 9-13. 19. Independent claims 11, 12 and 13 are essentially the same as Independent claims 1, 9 and 10 refers to “A non-transitory computer-readable storage medium” of Claims 1, 9 and 10 respectively; and would therefore be allowed for the same reasons as applied to Claim 1, 9 and 10 above. 20. It follows that dependent claims 2-8 would be inherently allowable for depending on an allowable base claim. 21. Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance." Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL V DOTTIN whose telephone number is (571)270-5471. The examiner can normally be reached M-F 9am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abderrahim Merouan can be reached on 571-270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DARRYL V DOTTIN/Primary Examiner, Art Unit 2683 /DARRYL V DOTTIN/ Primary Examiner, Art Unit 2683
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Prosecution Timeline

Oct 18, 2024
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
91%
With Interview (+12.3%)
2y 1m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 541 resolved cases by this examiner. Grant probability derived from career allowance rate.

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