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) 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 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 12,202,258. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 3 of US Patent ‘258 contain all the limitations of claims 1-2 of the present application:
Present Application
US Patent ‘809
1. A printing apparatus comprising:
a print head;
a roll sheet container configured to contain a roll sheet around which a recording sheet is wound;
a first sheet guide configured to make contact with a first surface of the recording sheet;
a second sheet guide configured to make contact with a second surface of the recording sheet and disposed such that the first sheet guide and the second sheet guide form a sheet entrance through the recording sheet passes;
a transport roller configured to transport the recording sheet passing through the sheet entrance; and
a third sheet guide configured to make contact with the second surface of the recording medium and is disposed between the second sheet guide section and the transport roller,
wherein the first sheet guide is configured to move when pressed by the recording sheet transported by the transport roller, and
the second sheet guide includes a projection configured to make contact with the second surface of the recording sheet and a section configured to face in a direction of an outer circumference of the roll sheet, and
a portion of the third sheet guide that contact the second surface of the recording medium is rounded.
2. The printing apparatus according to claim 1, wherein
an edge of the second sheet guide that contact the second surface of the recording medium is rounded.
1. A printing apparatus comprising:
a print head;
a roll sheet container configured to contain a roll sheet around which a recording sheet is wound;
a first sheet guide configured to make contact with a first surface of the recording sheet;
a second sheet guide configured to make contact with a second surface of the recording sheet, and disposed so as to face the first sheet guide to form a sheet route for the recording sheet, an entire sheet route extending from a position of separation of the recording sheet from the roll sheet to a printing site, wherein the second sheet guide includes a projection configured to protrude toward the roll sheet container and is upstream the first sheet guide in the entire sheet route, and a pushing section configured to extend from the projection in a direction away from the first sheet guide, and formed along an outer circumference of the roll sheet;
a transport roller configured to transport the recording sheet that passed along the sheet route; and
a third sheet guide configured to make contact with the second surface of the recording medium, the third sheet guide being elongate with a surface of the third sheet guide configured to make contact with the second surface of the recording medium curving along an outer circumference of the transport roller,
wherein, a surface of the first sheet guide which faces the recording sheet is at least partly curved along a surface of the second sheet guide which faces the recording sheet,
the surface of the second sheet guide which faces the recording a sheet is curved so as to be farther from the transport roller in the horizontal direction on a downstream side in the transport direction compared with an upstream side in the transport direction, and
a surface of a third sheet guide which faces the recording sheet is curved along the outer circumference of the transport roller, the third sheet guide partly covers a surface of the transport roller, the third sheet guide being disposed downstream of the second sheet guide in a transport direction of the recording sheet.
3. The printing apparatus according to claim 1, wherein when making contact with the recording sheet being transported by the transport roller, the first sheet guide moves away from the second sheet guide.
Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-4 of U.S. Patent No. 11,491,809 in view of Oguchi et al. (US 2018/0250962 A1). Claims 1 and 3-4 of US Patent ‘809 contain the limitations of claims 1-2 of the present application:
Present Application
US Patent ‘809
1. A printing apparatus comprising:
a print head;
a roll sheet container configured to contain a roll sheet around which a recording sheet is wound;
a first sheet guide configured to make contact with a first surface of the recording sheet;
a second sheet guide configured to make contact with a second surface of the recording sheet and disposed such that the first sheet guide and the second sheet guide form a sheet entrance through the recording sheet passes;
a transport roller configured to transport the recording sheet passing through the sheet entrance; and
a third sheet guide configured to make contact with the second surface of the recording medium and is disposed between the second sheet guide section and the transport roller,
wherein the first sheet guide is configured to move when pressed by the recording sheet transported by the transport roller, and
the second sheet guide includes a projection configured to make contact with the second surface of the recording sheet and a section configured to face in a direction of an outer circumference of the roll sheet, and
a portion of the third sheet guide that contact the second surface of the recording medium is rounded.
2. The printing apparatus according to claim 1, wherein
an edge of the second sheet guide that contact the second surface of the recording medium is rounded.
1. A printing apparatus comprising:
a roll sheet container configured to contain a roll sheet;
a first sheet guide configured to make contact with a first surface of a recording sheet drawn from the roll sheet;
a second sheet guide configured to make contact with a second surface of the recording sheet and disposed such that the first sheet guide and the second sheet guide form a sheet entrance through which the recording sheet passes,
wherein the second sheet guide includes a projection configured to make contact with the second surface of the recording sheet and a section configured to face in a direction of an outer circumference of the roll sheet; and
a transport roller configured to transport the recording sheet passing through the sheet entrance,
wherein the first sheet guide is configured to move when pressed by the recording sheet transported by the transport roller.
3. The printing apparatus according to claim 1, further comprising a third sheet guide that partly covers a surface of the transport roller, the third sheet guide being disposed downstream of the second sheet guide in a transport direction of the recording sheet.
4. The printing apparatus according to claim 3, wherein a surface of the first sheet guide which faces the recording sheet is at least partly curved along a surface of the second sheet guide which faces the recording sheet,
the surface of the second sheet guide which faces the recording sheet is curved so as to be further from the transport roller on a downstream side in the transport direction compared with an upstream side in the transport direction, and
a surface of the third sheet guide which faces the recording sheet is curved along the outer circumference of the transport roller.
Claims 1 and 3-4 of US Patent ‘809 do not contain a print head. However, Oguchi et al. teach a print head (print head 130; FIG. 21) for the purpose of printing an image using thermal means.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate a print head, as taught by Oguchi et al., into claims 1 and 3-4 of US Patent ‘809 for the purpose of printing an image using thermal means.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oguchi et al. (US 2018/0250962 A1).
Regarding claim 1, Oguchi et al. teach a printing apparatus (printer according to a second embodiment; Figs 1-7 and 21) comprising:
a print head (thermal head 130; FIG. 21);
a roll sheet container configured to contain a roll sheet around which a recording sheet is wound (the recording-paper holder 11 is formed such that rolled recording paper 100 can be placed inside of the recording-paper holder 11; [0034]; Figs 1-4);
a first sheet guide configured to make contact with a first surface of the recording sheet (lower guide 360; FIG. 21);
a second sheet guide configured to make contact with a second surface of the recording sheet and disposed such that the first sheet guide and the second sheet guide form a sheet entrance through the recording sheet passes (holder guide 112; FIG. 21);
a transport roller configured to transport the recording sheet passing through the sheet entrance (the recording paper 100 is conveyed by rotation of the platen roller 140, and the thermal head 130 prints information on the recording paper 100 while the recording paper 100 is being conveyed; [0046]; FIG. 21); and
a third sheet guide configured to make contact with the second surface of the recording medium and is disposed between the second sheet guide section and the transport roller (an upper guide 113 between the holder guide 112 and the platen roller 140 in the horizontal direction; FIG. 21),
wherein the first sheet guide is configured to move when pressed by the recording sheet transported by the transport roller (the printer of the second embodiment includes a lower guide 360 and a coil spring 361 that presses the lower guide 360 toward the holder guide 112; [0053]; FIG. 21; the lower guide 360 is configured to deflect when a force greater than the coil spring 361 force is exerted on the lower guide 360 by the recording paper 100), and
the second sheet guide includes a projection configured to make contact with the second surface of the recording sheet (the curved corner of the holder guide 112 is configured to make contact with the recording paper 100 when the recording paper 100 is conveyed and pressed between the holder guide 112 and the lower guide 360; FIG. 21) and a section configured to face in a direction of an outer circumference of the roll sheet (the recording-paper holder 111; FIG. 21), and
a portion of the third sheet guide that contact the second surface of the recording medium is rounded (curved corner of the upper guide 113; FIG. 21).
Regarding claim 2, Oguchi et al. teach wherein an edge of the second sheet guide that contact the second surface of the recording medium is rounded (the curved corner of the holder guide 112; FIG. 21).
Regarding claim 3, Oguchi et al. teach wherein a recess is formed between the second sheet guide and the third sheet guide in the conveying direction of the recording sheet (the boundary between the holder guide 112 and the upper guide 113; FIG. 21).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENDRICK X LIU whose telephone number is (571)270-3798. The examiner can normally be reached MWFSa 10am-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Douglas X Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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14 September 2026
/KENDRICK X LIU/Examiner, Art Unit 2853
/DOUGLAS X RODRIGUEZ/Supervisory Patent Examiner, Art Unit 2853
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