DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
2. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Double Patenting
3. 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.
4. Claims 1-45 are rejected under provisional obvious type non-statutory double patenting over U.S. Patent No. 12,159,065.
Claim 1 of the instant application and Claim 1 of US 12,159,065 are summarized as below:
#
Current Application
18/955,456
#
US 12,159,065
18/460,119
Claim 1
Claim 1
A
An information processing apparatus, comprising:
A
An information processing apparatus, comprising:
B
a controller configured to:
a controller configured to:
C
receive selection of a first function for performing cutting on a center line of a sheet by a printer for dividing the sheet into two sheets at the center line;
C
receive selection of a first function for performing cutting on a center line of a sheet by a printer;
D
receive selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
D
receive selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
D
inhibit selection of at least the second function in a case where the first function is selected.
D
inhibit selection of at least the second function in a case where the first function is selected.
As summarized, claim 1 of the pending application has been less broad terms than the claim 1 of US 12,159,165 and each claim limitation of the pending application is anticipated by US 12,159,165. Thus, it is a non-statutory type (35 U.S.C. 101) Double Patenting rejection.
Claim 2 of the instant application and Claim 2 of US 12,159,065 are summarized as below:
#
Current Application
18/955,456
#
US 12,159,065
18/460,119
Claim 2
Claim 2
A
A control method for an information processing apparatus, the control method comprising:
A
A control method for an information processing apparatus, the control method comprising:
B
receiving selection of a first function for performing cutting on a center line of a sheet by a printer for dividing the sheet into two sheets at the center line;
B
receiving selection of a first function for performing cutting on a center line of a sheet by a printer;
C
receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
C
receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
D
inhibiting selection of at least the second function in a case where the first function is selected.
D
inhibiting selection of at least the second function in a case where the first function is selected.
Claim 3 is similar to claim 3 of prior U.S. Patent No. 12,159,065.
Claim 4 is similar to claim 4 of prior U.S. Patent No. 12,159,065.
Claim 5 is similar to claim 5 of prior U.S. Patent No. 12,159,065.
Claim 6 is similar to claim 6 of prior U.S. Patent No. 12,159,065.
Claim 7 is similar to claim 7 of prior U.S. Patent No. 12,159,065.
Claim 8 is similar to claim 8 of prior U.S. Patent No. 12,159,065.
As summarized, claim 2 of the pending application has been less broad terms than the claim 2 of US 12,159,165 and each claim limitation of the pending application is anticipated by US 12,159,165. Thus, it is a non-statutory type (35 U.S.C. 101) Double Patenting rejection.
Claim 9 of the instant application and Claim 9 of US 12,159,065 are summarized as below:
#
Current Application
18/955,456
#
US 12,159,065
18/460,119
Claim 9
Claim 9
A
A control method for an information processing apparatus, the control method comprising:
A
A control method for an information processing apparatus, the control method comprising:
B
receiving selection of a first function for performing cutting on a center line of a sheet by a printer for dividing the sheet into two sheets at the center line;
B
receiving selection of a first function for performing cutting on a center line of a sheet by a printer;
C
receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
C
receiving selection of a second function for layout of images corresponding to nine pages on one side of the sheet; and
D
performing a predetermined notification in a case where both of the first function and the second function are selected.
performing a predetermined notification in a case where both of the first function and the second function are selected.
Claim 10 is similar to claim 10 of prior U.S. Patent No. 12,159,065.
Claim 11 is similar to claim 11 of prior U.S. Patent No. 12,159,065.
Claim 13 is similar to claim 13 of prior U.S. Patent No. 12,159,065.
Claim 14 is similar to claim 14 of prior U.S. Patent No. 12,159,065.
Claim 15 is similar to claim 15 of prior U.S. Patent No. 12,159,065.
As summarized, claim 9 of the pending application has been less broad terms than the claim 9 of US 12,159,165 and each claim limitation of the pending application is anticipated by US 12,159,165. Thus, it is a non-statutory type (35 U.S.C. 101) Double Patenting rejection.
Claim 16 of the instant application and Claim 16 of US 12,159,065 are summarized as below:
#
Current Application
18/955,456
#
US 12,159,065
18/460,119
Claim 16
Claim 16
A
A control method for an information processing apparatus, the control method comprising:
A
A control method for an information processing apparatus, the control method comprising:
B
causing a display to perform display of a first object for receiving selection of a first function for performing cutting on a center line of a sheet by a printer for dividing the sheet into two sheets at the center line;
B
causing a display to perform display of a first object for receiving selection of a first function for performing cutting on a center line of a sheet by a printer;
C
causing the display to perform display of a second object for receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
C
causing the display to perform display of a second object for receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
D
causing the display to perform display so that the second object is not selected in a case where the first object is selected.
D
causing the display to perform display so that the second object is not selected in a case where the first object is selected.
As summarized, claim 16 of the pending application has been less broad terms than the claim 16 of US 12,159,165 and each claim limitation of the pending application is anticipated by US 12,159,165. Thus, it is a non-statutory type (35 U.S.C. 101) Double Patenting rejection.
Claim 17 is similar to claim 17 of prior U.S. Patent No. 12,159,065.
Claim 18 is similar to claim 18 of prior U.S. Patent No. 12,159,065.
Claim 19 is similar to claim 19 of prior U.S. Patent No. 12,159,065.
Claim 20 is similar to claim 20 of prior U.S. Patent No. 12,159,065.
Claim 21 is similar to claim 21 of prior U.S. Patent No. 12,159,065.
Claim 22 is similar to claim 22 of prior U.S. Patent No. 12,159,065.
Claim 23 of the instant application and Claim 23 of US 12,159,065 are summarized as below:
#
Current Application
18/955,456
#
US 12,159,065
18/460,119
Claim 23
Claim 23
A
A non-transitory computer readable storage medium storing instructions that causes an information processing apparatus to perform a control method, the control method comprising:
A
A non-transitory computer readable storage medium storing instructions that causes an information processing apparatus to perform a control method, the control method comprising:
B
receiving selection of a first function for performing cutting on a center line of a sheet by a printer for dividing the sheet into two sheets at the center line;
B
receiving selection of a first function for performing cutting on a center line of a sheet by a printer;
C
receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
C
receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
D
inhibiting selection of at least the second function in a case where the first function is selected.
D
inhibiting selection of at least the second function in a case where the first function is selected.
As summarized, claim 23 of the pending application has been less broad terms than the claim 23 of US 12,159,165 and each claim limitation of the pending application is anticipated by US 12,159,165. Thus, it is a non-statutory type (35 U.S.C. 101) Double Patenting rejection.
Claim 24 is similar to claim 24 of prior U.S. Patent No. 12,159,065.
Claim 25 is similar to claim 25 of prior U.S. Patent No. 12,159,065.
Claim 26 is similar to claim 26 of prior U.S. Patent No. 12,159,065.
Claim 27 is similar to claim 27 of prior U.S. Patent No. 12,159,065.
Claim 28 is similar to claim 28 of prior U.S. Patent No. 12,159,065.
Claim 29 is similar to claim 29 of prior U.S. Patent No. 12,159,065.
Claim 30 of the instant application and Claim 30 of US 12,159,065 are summarized as below:
#
Current Application
18/955,456
#
US 12,159,065
18/460,119
Claim 30
Claim 30
A
A non-transitory computer readable storage medium storing instructions that causes an information processing apparatus to perform a control method, the control method comprising:
A
A non-transitory computer readable storage medium storing instructions that causes an information processing apparatus to perform a control method, the control method comprising:
B
receiving selection of a first function for performing cutting on a center line of a sheet by a printer for dividing the sheet into two sheets at the center line;
B
receiving a first function for performing cutting on a center line of a sheet by a printer;
C
receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
C
receiving a second function for layout of images corresponding to nine pages on one side of the sheet; and
D
performing a predetermined notification in a case where both of the first function and the second function are selected.
D
performing a predetermined notification in a case where both of the first function and the second function are selected.
As summarized, claim 30 of the pending application has been less broad terms than the claim 30 of US 12,159,165 and each claim limitation of the pending application is anticipated by US 12,159,165. Thus, it is a non-statutory type (35 U.S.C. 101) Double Patenting rejection.
Claim 31 is similar to claim 31 of prior U.S. Patent No. 12,159,065.
Claim 32 is similar to claim 32 of prior U.S. Patent No. 12,159,065.
Claim 33 is similar to claim 33 of prior U.S. Patent No. 12,159,065.
Claim 34 is similar to claim 34 of prior U.S. Patent No. 12,159,065.
Claim 35 is similar to claim 35 of prior U.S. Patent No. 12,159,065.
Claim 36 is similar to claim 36 of prior U.S. Patent No. 12,159,065.
Claim 37 of the instant application and Claim 37 of US 12,159,065 are summarized as below:
#
Current Application
18/955,456
#
US 12,159,065
18/460,119
Claim 37
Claim 37
A
A non-transitory computer readable storage medium storing instructions that causes an information processing apparatus to perform a control method comprising:
A
A non-transitory computer readable storage medium storing instructions that causes an information processing apparatus to perform a control method comprising:
B
causing a display to perform display of a first object for receiving selection of a first function for performing cutting on a center line of a sheet by a printer for dividing the sheet into two sheets at the center line;
B
causing a display to perform display of a first object for receiving selection of a first function for performing cutting on a center line of a sheet by a printer;
C
causing the display to perform display of a second object for receiving a second function for layout of images corresponding to nine pages on one side of a sheet; and
C
causing the display to perform display of a second object for receiving a second function for layout of images corresponding to nine pages on one side of a sheet; and
D
causing the display to perform display so that the second object is not selected in a case where the first object is selected.
D
causing the display to perform display so that the second object is not selected in a case where the first object is selected.
As summarized, claim 37 of the pending application has been less broad terms than the claim 37 of US 12,159,165 and each claim limitation of the pending application is anticipated by US 12,159,165. Thus, it is a non-statutory type (35 U.S.C. 101) Double Patenting rejection.
Claim 38 is similar to claim 36 of prior U.S. Patent No. 12,159,065.
Claim 39 is similar to claim 39 of prior U.S. Patent No. 12,159,065.
Claim 40 is similar to claim 40 of prior U.S. Patent No. 12,159,065.
Claim 41 is similar to claim 41 of prior U.S. Patent No. 12,159,065.
Claim 42 is similar to claim 42 of prior U.S. Patent No. 12,159,065.
Claim 43 is similar to claim 43 of prior U.S. Patent No. 12,159,065.
Claim 44 of the instant application and Claim 44 of US 12,159,065 are summarized as below:
#
Current Application
18/955,456
#
US 12,159,065
18/460,119
Claim 44
Claim 44
A
An information processing apparatus comprising:
A
An information processing apparatus comprising:
B
a controller configured to:
B
a controller configured to:
C
receive selection of a first function for performing cutting on a center line of a sheet by a printer for dividing the sheet into two sheets at the center line;
C
receive selection of a first function for performing cutting on a center line of a sheet by a printer;
D
receive selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
D
receive selection of a second function for layout of images corresponding to nine pages on one side of the sheet; and
E
perform a predetermined notification in a case where both of the first function and the second function are selected.
E
perform a predetermined notification in a case where both of the first function and the second function are selected.
As summarized, claim 44 of the pending application has been less broad terms than the claim 44 of US 12,159,165 and each claim limitation of the pending application is anticipated by US 12,159,165. Thus, it is a non-statutory type (35 U.S.C. 101) Double Patenting rejection.
Claim 45 of the instant application and Claim 45 of US 12,159,065 are summarized as below:
#
Current Application
18/955,456
#
US 12,159,065
18/460,119
Claim 45
Claim 45
A
An information processing apparatus comprising:
A
An information processing apparatus comprising:
B
a controller configured to:
B
a controller configured to:
C
cause a display to perform display of a first object for selecting a first function for performing cutting on a center line of a sheet by a printer for dividing the sheet into two sheets at the center line;
C
cause a display to perform display of a first object for selecting a first function for performing cutting on a center line of a sheet by a printer;
D
cause the display to perform display of a second object for receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
D
cause the display to perform display of a second object for receiving selection of a second function for layout of images corresponding to nine pages on one side of a sheet; and
E
cause the display to perform display so that the second object is not selected in a case where the first object is selected.
E
cause the display to perform display so that the second object is not selected in a case where the first object is selected.
As summarized, claim 45 of the pending application has been less broad terms than the claim 45 of US 12,159,165 and each claim limitation of the pending application is anticipated by US 12,159,165. Thus, it is a non-statutory type (35 U.S.C. 101) Double Patenting rejection.
Cited Art
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
TOMIMATSU (US 2018/0305167) discloses an image forming apparatus that prints an image on paper, comprising: a printing-data-input unit that printing data for printing the image is inputted to; a fold-setting unit that recognizes a folding pattern as a pattern by which the paper is folded after being outputted, and positions of folding lines on the paper that are used in that folding pattern; a positional-relationship-adjusting unit that adjusts at least one of the positions of the folding lines and the printing data so that portions in the image that are not blank and the folding lines do not overlap on the paper; and an output unit that, after adjustment by the positional-relationship-adjusting unit, forms an image on the paper using the printing data, and outputs the paper, wherein the output unit renders folding line marks on the paper indicating the positions of the folding lines on the paper, further comprising a paper-accommodating-body-recognizing unit that recognizes a size of a paper accommodating body that accommodates the paper that is folded after being outputted; and the fold-setting unit recognizes the folding pattern and positions on the paper of the folding lines in that folding pattern from the size of the paper accommodating body and the size of the paper.
Lo et al. (US 7,548,334) discloses a method of creating a layout for a variable data document based upon a template, said method comprising the steps of: setting at least one rectangular container in the template to form said layout; establishing at least one constraint associated with each selected one of at least one non-center location upon horizontal and vertical center-lines of the container; displaying the constraint established by said establishing step in association with the container set by said setting step using a graphical user interface (GUI); and modifying the layout to generate the document by placing text and/or image content into a plurality of containers, wherein at least one width or height dimension of said least one container and a position of said at least one container in said layout are varied based on a property of the placed content on a condition that each constraint in the layout is satisfied, and at least one of the dimensions and position of the container are varied on the condition that, for each center-line having a set constraint, (1) the center-line remains fixed, (2) edges parallel to the center-line can expand or contract symmetrically, and (3) edges perpendicular to the center-line can be located independent of the fixed center-line.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN H NGUYEN whose telephone number is (571)270-1229. The examiner can normally be reached M-F 7 am-4 pm.
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 at (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.
/ALLEN H NGUYEN/Primary Examiner, Art Unit 2683
Prosecution Insights