Prosecution Insights
Last updated: August 30, 2026
Application No. 18/994,962

USAGE CONTROL FOR CONSUMABLES OF A PRINT APPARATUS

Non-Final OA §102
Filed
Jan 15, 2025
Priority
Jul 21, 2022 — nonprovisional of PCTUS2022037881
Examiner
VO, ANH T N
Art Unit
Tech Center
Assignee
HP Inc.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1366 granted / 1518 resolved
+30.0% vs TC avg
Minimal +5% lift
Without
With
+4.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
20 currently pending
Career history
1525
Total Applications
across all art units

Statute-Specific Performance

§103
43.2%
+3.2% vs TC avg
§102
44.6%
+4.6% vs TC avg
§112
5.7%
-34.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1518 resolved cases

Office Action

§102
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 . DETAILED ACTION Priority The instant claims find support in the provisional application and therefore receive thebenefit to the filing date of 07/21/2022. Information Disclosure Statement            The references cited on a Form PTO 1449 have been considered. Specification The specification has been checked to the extent necessary to determine the presence of all possible minor errors. However, the applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections 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. (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. Claims 1, 8 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rapkin et al. (US Pat. 8,582,988). Note: The method steps are inherently taught in the apparatus device/limitations in the rejections as follow: Rapkin et al. disclose in Figures 4-6 a multi-printer system comprising: Regarding claim 1, monitoring usage of each of a plurality of consumables within a replaceable element (490, 492) of a print apparatus (column 19, lines 58-62); determining, for an action of the print apparatus, whether the plurality of consumables can be used interchangeably (column 23, lines 51-57); in response to determining that the plurality of consumables can be used interchangeably: controlling the print apparatus to select a less used consumable from the plurality of consumables for the action, based on the monitored usage (column 23, lines 51-64); Regarding claim 8, a usage tracking module (430), to track usage of each of a plurality of consumables (490, 492) within a replaceable element of the print apparatus (column 17, lines 37-46 and column 19, lines 58-62); and a controller (inherent but not shown), wherein the controller is to select, for an action of the print apparatus, which of the plurality of consumables (490, 492) to use; wherein, for actions where more than one of the plurality of consumables can be used, the controller is to select a less used consumable of the plurality of consumables, based on the tracked usage (column 19, lines 58-65 and column 23, lines 51-64). Regarding claim 14, determine a usage level of a first consumable (490) and a second consumable (492) of a replaceable element of a print apparatus (printer); for an action of the print apparatus that can use either the first consumable or the second consumable, determine whether to use the first consumable or the second consumable based on the determined usage levels (Figures 2-4, column 17, lines 37-46, column 19, lines 58-62, column 21, lines 19-38, and column 23, lines 51-64). Citation of Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These prior art references (US Pub. 2005/0253887; US Pub. 2012/0076517; US Pub. 2018/0167520; US Pub. 2020/0094568) cited in the PTO 892 form show an ink jet printer which is deemed to be relevant to the present invention. These references should be reviewed. Allowable Subject Matter Claims 2-7 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. These claims would be allowable because the prior art references of record fail to teach or suggest a method comprising a step of providing a replaceable element that is a maintenance cartridge in the combination as claimed. Claims 9-13 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. These claims would be allowable because the prior art references of record fail to teach or suggest a print apparatus comprising a replaceable element that is a maintenance and an action is a print fluid waste action in the combination as claimed. Claim 15 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. This claim would be allowable because the prior art references of record fail to teach or suggest a non-transitory machine readable medium, storing instructions which, when executed by a processing resource, cause the processing resource to determine usage levels that comprises retrieving a tracking counter associated with each of the first and second consumables; and wherein the non-transitory machine readable medium further comprises instructions to control the print apparatus to perform the action using the determined consumable, and update the tracking counter associated with the determined consumable in the combination as claimed. CONCLUSION Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Anh Vo whose telephone number is (571) 272-2262. The examiner can normally be reached on Monday to Friday from 9:30 A.M.to 6:00 P.M.. If attempts to reach the examiner by telephone are unsuccessful, the examiner'ssupervisor, Douglas Rodriguez can be reached on (571) 431-0716. The fax phonenumber for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from thePatent Application Information Retrieval (PAIR) system. Status information forpublished applications may be obtained from either Private PAIR or Public PAIR.Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Shouldyou have questions on access to the Private PAIR system, contact the ElectronicBusiness Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from aUSPTO Customer Service Representative or access to the automated informationsystem, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANH T VO/ Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Jan 15, 2025
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12715220
CARTRIDGE AND RE-MANUFACTURING METHOD OF CARTRIDGE
2y 4m to grant Granted Aug 25, 2026
Patent 12715223
INKJET RECORDING APPARATUS
2y 4m to grant Granted Aug 25, 2026
Patent 12718967
CONDUCTIVE COMPOSITION AND METHOD OF PRODUCING SAME, METHOD OF RECORDING CONDUCTIVE IMAGE, AND CONDUCTIVE IMAGE
1y 11m to grant Granted Aug 25, 2026
Patent 12709101
DROPLET EJECTING APPARATUS, REMOVER DETERIORATION DETERMINING METHOD FOR DROPLET EJECTING APPARATUS, AND STORAGE MEDIUM
2y 3m to grant Granted Aug 18, 2026
Patent 12691695
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2y 2m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
95%
With Interview (+4.6%)
2y 0m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1518 resolved cases by this examiner. Grant probability derived from career allowance rate.

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