DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as 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, 3, 5-8, 10-11, 14-16, 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/438,561 (reference application).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is disclosed in the co-pending application and is covered by the co-pending application since the co-pending application and the instant application are claiming common subject matter.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(1) Kushner et al. (# US 2010/0103207) discloses a system and method for optimizing RGB digital color images to print a high speed textile conveyed substrate using a series of modular single color specific ink jet print engines. The system mounts on a rotary screen upstream and in operable combination with the ink jet print engines consequentially providing a broad array of printing modes and effects. Each print engine extracts print engine specific instructions from a server to provide a sequential cascade of printings to print the desired image. Internetworking extends operable control to remote client and expands RGB image archive to galleries of the World Wide Web. Present commercial rotary screen machines can be retrofitted to utilize the present system (see Abstract).
(2) Rezanka (# US 5757407) discloses a method and apparatus for drying liquid ink deposited, in response to image data, on a recording medium moving along a path at a predetermined rate. A recording medium having liquid ink deposited thereon is moved past a dryer in multiple passes to dry areas of high ink coverage. Ink characteristics are optimized for minimum print defects by determining the time between printing and drying. In the case of text only images only one pass through the dryer is required. For areas of high ink coverage, however, multiple passes through the dryer are required and completed either by reciprocation or recirculation at the same predetermined rate (see Abstract).
(3) Marino et al. (# US 9550374) discloses systems and methods are described for printing directly onto textiles including pre-treating a textile with a liquid solution to improve the quality of the printed image. The systems and methods prevent over saturation of the fibers of the textile by the ink thereby reducing undesirable mixing of the ink and blurring of the printed image (see Abstract).
(4) Ichihara et al. (# US 9505213) discloses an ink jet recorder includes a support unit configured to support a recording medium, and a mobile unit including a plurality of containers containing inks of identical composition and a head configured to eject the ink supplied from any one of the plurality of containers. The ink jet recorder is configured to record an image on the recording medium in such a manner that the head performs main scanning by ejecting the ink while changing positions in a first direction, and the mobile unit performs sub-scanning by moving in a second direction intersecting with the first direction (see Abstract).
(5) Ben-Zur (# US 11447648) discloses process for printing high quality, high resolution, multi-color images on fibrous or porous materials or other ink absorbing materials, or on materials having high surface tension with a liquid ink, and especially over garments, is disclosed. The process is effected by applying a wetting composition, prior to, concomitant with and/or subsequent to applying an ink composition and formation of the images. Pre-printing and printing systems for executing the above process are further disclosed (see Abstract).
(6) Higgins et al. (# US 2009/0322811) discloses an inkjet printing system comprising a plurality of static inkjet printing units each comprising at least one inkjet printing head; an ink-receiving element comprising a poorly-absorbing or impermeable substrate; an aqueous inkjet composition which comprises a polymeric compound comprising discrete particles responsive to an external stimulus, and a functional material, which may be incorporated as part of the polymeric particles, the composition having a first rheological state and a different second rheological state in response to a stimulated change in conditions, the first state being associated with a first lower viscosity of the composition, wherein the particles have a first lower volume, and the second state being associated with a second higher viscosity of the composition, wherein the particles have a second higher volume, and of drying the aqueous ink composition only positioned downstream of the plurality of the printing units (see Abstract).
(7) Stamatoukos et al. (# US 2015/0030823) discloses a method of making a duct tape having a customized, printed design on a surface of the duct tape. The method comprises providing a design for printing on the duct tape, digitally printing the design on the surface of the duct tape, and curing the ink printed on the duct tape with ultraviolet light in dual stages. The method further comprises applying on the digitally printed duct tape a material or composition having overcoat properties, release properties, or a combination thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANISH S SHAH whose telephone number is (571)272-2152. The examiner can normally be reached 8:00am-4:00pm.
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, Ricardo Magallanes can be reached at 571-272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MANISH S. SHAH
Primary Examiner
Art Unit 2853
/Manish S Shah/Primary Examiner, Art Unit 2853
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