DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicants' election with traverse of Group I, claims 1-8 in the reply filed on 4/9/2026 is acknowledged. The traversal is on the ground(s) that the Office has not provided sufficient reasoning or evidence demonstrating that examining the groups together as an apparatus and a method, would impose a serious search burden on the Office. This is not found persuasive because, as stated in the Office action dated February 27, 2026, the apparatus of invention I can be used to deposit ink droplets on a paper substrate instead of dropping liquid droplets into a stored second solution to form gel particles. Further, in the elected Group I, the claim drawn to a liquid droplet forming apparatus. On the other hand, in the non-elected Group II, the claim drawn to a method of manufacturing gel particles. Clearly, there exist unrelated features among the two Group of inventions based on separate search classification area for each Group as stated in the Office action dated February 27/ 2026 and thus, impose a serious burden in search and examination for the examiner. The requirement is still deemed proper and is therefore made FINAL.
3. Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/9/2026.
Claim Objections
4. Claim 1 is objected to because of the following informalities: the pronoun “itself” (line 12) leads to issue with antecedent basis and clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 1-8 are 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.
I- Regarding claim 1, line 11, “the vibration” lacks positive antecedent basis.
II- Regarding claim 4, line 2, “the ejection units” lacks positive antecedent basis.
Allowable Subject Matter
7. Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicants' disclosure.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK C NICOLAS whose telephone number is (571)272-4931. The examiner can normally be reached Monday-Thursday 8:00 AM -:4:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R. Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FREDERICK C NICOLAS/ Primary Examiner, Art Unit 3754
Prosecution Insights