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 .
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.
Claim 1 is 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.
Examiner is unsure as to how a correction value is determined for correcting the temperature of the recording head. Temperature sensors only detect the temperature of an element, a temperature sensor does not correct, change or calculate temperature values. Therefore, the examiner is unsure as to how a correction value is determined. There are no devices claimed to determine such a value.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 & 5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kobayashi Daisuke et al. (JP 7332322).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Kobayashi Daisuke et al. disclose the following claimed limitations:
* Re clm 1, a recording apparatus (Abst., figs 1-12);
* a recording head/101,100/ configured to discharge a liquid onto a recording medium/P/ to form an image (paras 0025, fig 1);
* a heating unit/heater 212,210, 221/ configured to heat the recording medium/P/ (para figs 1, 2a-d);
* a first temperature sensor/temperature detection element, diode sensor Di 203/ disposed in the recording head/100/ and configured to detect a temperature of the recording head/100/;
* a second temperature sensor/diode sensor 214, 215/ configured to detect a temperature around/local temperature changes/ the recording head/101/,
* wherein a correction value/head temperature compensation value/ for correcting the temperature of the recording head/ hardware and software control unit contains components such as a head temperature control circuit, CPU… / is calculated based on results/temperature adjustments/ of detection by the first temperature sensor and the second temperature sensor during a period from when the recording apparatus is powered on to when the heating unit is driven /rejected as best understood by examiner, see 112 rejection above/(paras 0027, 0033-0040, 0049-0052, 0069-0074, figs 2-12).
* Re clm 5, wherein driving of the recording head is controlled based on the temperature of the recording head corrected based on the correction value/head temperature compensation value/(paras 0027, 0033-0040, 0049-0052, 0069-0074, figs 2-12).
Allowable Subject Matter
Claims 2-4 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.
The primary reason for indicating allowable subject matter of claims 2-4 is the inclusion of the limitations of a recording apparatus that includes wherein the heating unit includes a heater configured to heat air, a fan configured to blow the air, and a third temperature sensor configured to detect a temperature of the air heated by the heater and blown by the fan. It is these limitations found in the claims, as they are claimed in the combination of that has not been found, taught or suggested by the prior art of record, which makes these claims allowable over the prior art.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTAL FEGGINS whose telephone number is (571)272-2254. The examiner can normally be reached M-F 930-530pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricardo Magallanes can be reached at 571-272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTAL FEGGINS/Primary Examiner, Art Unit 2853
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