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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “18” has been used to designate both substrate and impression cylinder in Figure 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 3 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.
With respect to claim 3, the phrase “preferably” renders the claim indefinite. It is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Particularly, it is unclear what method or how much of the method is part of the printing unit.
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)(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.
Claims 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto et al. (US Publication 2003/0066447).
With respect to claim 1, Yamamoto et al. teaches a method for calculating the parameters for the pre-inking of a printing unit of an offset printing press with a spot colour comprising the following steps:
a) predetermining a printing unit (100), a spot colour (Paragraphs 0009, 0011, 0043, 0047, Claim 1), a substrate (p) to be printed with the spot colour and a specific ink coverage necessary to achieve predetermined colour coordinates of the spot colour to be achieved on the substrate (Paragraphs 0043, 0066),
b) determining the number of vibrator roller (23) contacts to the ink duct roller () being necessary to obtain (Paragraph 0048, Figure 9), by printing the predetermined spot colour with the predetermined printing unit (100) onto the predetermined substrate (p), the specific ink coverage having been predetermined in step a) from at least two different reference spot colours, wherein each of the at least two different reference spot colours has been printed with the printing unit (100) having been predetermined in step a) onto the substrate (p) having been predetermined in step a) with a different predetermined specific ink coverage (Paragraphs 0065-0071, Figure 3, Claim 1).
With respect to claim 3, in step b) two to ten, preferably two to five, more preferably two to four, still more preferably two or three and most preferably two different reference spot colours are used (refer to 112 rejection above, however note Yamamoto et al. does at least two different reference spot colours in Paragraphs 0065-71).
With respect to claim 4, Yamamoto et al. teaches all reference spot colours used in step b) have the same colour coordinates (Paragraph 0043).
With respect to claim 5, Yamamoto et al. teaches the printing unit (100) predetermined in step a) comprises an inking unit (9), a fountain unit (25), a plate cylinder (1, 2), a blanket cylinder (3, 4) and an impression cylinder (5), wherein the inking unit (9) preferably comprises an ink fountain (21), a vibrator roller (23), an ink duct roller (23) and one or more ink rollers (22, 24).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (US Publication 2003/0066447).
With respect to claim 2, Yamamoto et al. teaches the claimed invention including a difference between the predetermined specific ink coverage of one of the at least two different reference spot colours on the substrate (18) and the predetermined specific ink coverage of another one of the at least two different reference spot colours on the substrate (Paragraphs 0065-0071, Figure 3, Claim 1).
Yamamoto et al. is silent with respect to the predetermined specific ink coverage of another one of the at least two different reference spot colours on the substrate (18) is at least 0.3 g/m2, preferably at least 0.5 g/m2, more preferably at least 0.7 g/m2, even more preferably at least 0.8 g/m2, still more preferably at least 1.0 g/m2 and most preferably at least 1.2 g/m2 of the substrate (18). However, it has been held that where general conditions are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the present application to modify Yamamoto et al. to provide
at least two different reference spot colours on the substrate at least 0.3 g/m2, preferably at least 0.5 g/m2, more preferably at least 0.7 g/m2, even more preferably at least 0.8 g/m2, still more preferably at least 1.0 g/m2 and most preferably at least 1.2 g/m2 of the substrate as claimed since such a modification would ensure a more specific coverage on a substrate.
Allowable Subject Matter
Claims 6-18 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.
With respect to claim 6, the prior art does not teach or render obvious the method for calculating in combination with all the steps as recited and in particularly the step b) of the number of vibrator roller contacts to the ink duct roller being necessary to obtain, by printing the predetermined spot colour with the predetermined printing unit (10) onto the predetermined substrate, the specific ink coverage having been predetermined in step a) comprises for each of the at least two different reference spot colours the consideration of: a) the total area to be inked of all rollers in the inking unit optionally together with the area of the dampening rollers, if a dampening unit is connected during the pre- inking to the inking unit, b) the ink duct roller speed, c) the number of vibrator roller contacts to the ink duct roller and d) the gap of the ink key opening of the ink fountain .
With respect to claim 7, the prior art does not teach or render obvious the method for calculating in combination with all the steps as recited and in particularly the number of vibrator roller contacts to the ink duct roller being necessary to obtain, by printing the spot colour with the printing unit onto the substrate, the specific ink coverage having been predetermined in step a) is determined in step b) from at least two different reference spot colours and preferably from two different reference spot colours each of which having been printed with the printing unit having been predetermined in step a) onto the substrate having been predetermined in step a) with a different predetermined specific ink coverage, with the same predetermined ink duct roller speed and with the same predetermined ink key opening of the ink fountain.
With respect to claim 8, the prior art does not teach or render obvious the method for calculating in combination with all the steps as recited and in particularly i) before printing the at least two different reference spot colours with the printing unit having been predetermined in step a) onto the substrate having been predetermined in step a), predetermining for each of the at least two different reference spot colours an ink coverage being necessary to achieve a predetermined specific ink coverage to be achieved by the printing, a gap of the ink key opening of the ink fountain of the printing unit to be adjusted during the printing and an ink duct roller speed to be adjusted during the printing, wherein the specific ink coverages predetermined for each of the at least two different reference spot colours are different to each other, ii) printing each of the at least two different reference spot colours with the predetermined ink coverage, with the predetermined gap of the ink key opening of the ink fountain of the printing unit, with the predetermined ink duct roller speed and with an arbitrarily selected number of vibrator roller contacts to the ink duct roller with the printing unit having been predetermined in step a) onto the substrate having been predetermined in step a), iii) determining, whether the predetermined specific ink coverage has been achieved on the substrate or not, wherein, if the predetermined specific ink coverage has been achieved on the substrate, the arbitrarily selected number of vibrator roller contacts to the ink duct roller is saved as the appropriate number of vibrator roller contacts to the ink duct roller for the respective reference spot colour, and, if the predetermined specific ink coverage has not been achieved on the substrate, step ii) is repeated for the concerned reference spot colour with one or more other arbitrarily selected numbers of vibrator roller contacts to the ink duct roller so often, until the predetermined specific ink coverage is achieved on the substrate, wherein the numbers of vibrator roller contact being for achieving the predetermined specific ink coverage on the substrate is saved as the appropriate number of vibrator roller contacts to the ink duct roller, and iv) calculating from the appropriate numbers of vibrator roller contacts to the ink duct roller, the predetermined ink coverages, the predetermined gaps for the ink key opening of the ink fountain and the predetermined ink duct roller speeds of each of the at least two reference spot colours the number of vibrator roller contacts to the ink duct roller to be used in step b).
With respect to claim 16, the prior art does not teach or render obvious the determination in step b) of the number of vibrator roller contacts to the ink duct roller being necessary to obtain,by printing the predetermined spot colour with the predetermined printing unit onto the predetermined substrate, the specific ink coverage having been predetermined instep a) comprises for each of the at least two different reference spot colours the consideration of: a) the total area to be inked of all rollers in the inking unit optionally together with the area of the dampening rollers, if a dampening unit is connected during the pre- inking to the inking unit, b) the ink film thickness on the vibrator roller, c) the contact length between the duct roller and the vibrator roller, d) the physical density of the spot colour and d) the ink fountain width.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Albrecht et al. (EP 2762316), Pfeiffer et al. (EP2253472), Fleming (US 8,230,787) and JP5513808 teaches printing presses with ink supply amount adjustments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISSA LIANA FERGUSON SAMRETH whose telephone number is (571)272-2163. The examiner can normally be reached M-F 8 a.m.-5 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Marissa Ferguson-Samreth/Examiner, Art Unit 2853
/CHRISTOPHER E MAHONEY/Primary Examiner, Art Unit 2852
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