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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1, 4-8 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 7-10 of copending Application No. 19/014,610 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Claims for Instant Application 19/014,882
Claims for Copending Application 19/014,610
1
1
4
1, 7
5
8
6
9
7
1
8
10
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.
Claim(s) 1, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitaoka et al (U.S. Pub. 2018/0264849)
Regarding claim 1, a sheet drying apparatus (104) comprising: a conveyance portion (103) that conveys a sheet on which an image is formed with ink containing moisture (Figures 1-2; Paragraphs 0027-0031)
A drying portion (12) arranged opposite the conveyance portion, the drying portion heating and drying the sheet (Figure 2; Paragraphs 0031-032)
A suction fan unit (supply/suction and exhaust devices 30A-30E) arranged downstream of the drying portion with respect to a conveyance direction of the sheet, the suction fan unit including a suction fan that sucks in air containing water vapor present in a drying space between the conveyance portion and the drying portion (Figures 2, 6; Paragraphs 0067-0068, 0076, 0081; air flow generator is a blowing fan and the exhaust device 37 causes a suction airflow)
An exhaust portion (37) that discharges the air sucked in by the suction fan unit (Figures 2, 6; Paragraphs 0067-0068, 0076, 0081)
A first duct (32a) that communicates the drying space with the suction fan (Figure 6; Paragraphs 0080-0082)
A second duct (31a) that communicates the suction fan with the exhaust portion (Figure 6; Paragraphs 0080-0081)
Wherein the suction fan unit collects the air present in the drying space by sucking the air in a horizonal direction orthogonal to the conveyance direction via the first duct (Figure 2 discloses supply and exhaust devices 30C and 30D will collect air in a horizontal direction and orthogonally to the conveyance direction; Paragraphs 0067-0068, 0076, 0081)
Regarding claim 8, An image forming apparatus comprising: an image forming apparatus that performs image formation on a sheet with ink containing moisture (Figure 1; Paragraphs 0025-0027)
The sheet drying apparatus according to claim 1 that is coupled to the image forming apparatus at a downstream side thereof in the conveyance direction of the sheet, the sheet drying apparatus drying the sheet on which an image is formed by the image forming apparatus (Figure 1; Paragraphs 0067-0068, 0076, 0081)
Allowable Subject Matter
Claims 2-3 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S UHLENHAKE whose telephone number is (571)272-5916. The examiner can normally be reached Monday-Friday, 8:00 am - 5:00 pm.
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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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/JASON S UHLENHAKE/Primary Examiner, Art Unit 2853 June 22, 2026
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