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 1-9 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-9 of prior U.S. Patent No. 12,242,208. This is a statutory double patenting rejection.
The claims are the same other than the inclusion of the pad being “electrical” however the specification is clear that the pad is an electrical terminal or contact and therefore the “pad” in the claims and the “electrical pad” in the patent are describing the same structure.
Specification
The disclosure is objected to because of the following informalities:
a) throughout the specification uses the word “pad” to describe an electrical terminal or electrical contact which is awkward. The specification should be amended to at least include the adjective -- electrical -- before “pad” or preferably change “pad” to either electrical terminal or electrical contact. As a reminder, the claim terminology should be changed according to any changes in the specification.
b) on page 16, par. 50, “1004-748” is not understood and should be clarified so as to be consistent with the drawings.
c) while the specification gives support to plural “image-data transferring units” (e.g. see Fig.13, par. 50-55), clear support for the first, second, third, and fourth image-data transferring units is not apparent in the specification. Applicant should amend the specification to specifically point out which image-data transferring units are considered the first, second, third and fourth. It is noted that while the “Summary of the Invention” section recites the first, second, third and fourth image-data transferring units, specifically pointing out which are considered the first, second, third and fourth image-data transferring units in the “Description of the Embodiments” section is necessary. Further, interconnection (lines) should be readily apparent that connects the third image-data transferring unit to the first and second image-data transferring units and that connects the fourth image-data transferring unit to the second and third image-data transferring unit (so that the drive start signal can be transmitted) should be specifically described and shown.
d) while the specification gives support to plural “signal lines” (e.g. par. 40), clear support for the first and second signal lines is not apparent in the specification. Applicant should amend the specification to specifically point out which signal lines are considered the first and second. It is noted that while the “Summary of the Invention” section recites the first and second signal lines, specifically pointing out which are considered the first and second signal lines in the “Description of the Embodiments” section is necessary.
e) while the specification gives support to plural “switch circuits” (e.g. see Fig.13, par. 50-55), clear support for the first and second switch circuits is not apparent in the specification. Applicant should amend the specification to specifically point out which switch circuits are considered the first and second. It is noted that while the “Summary of the Invention” section recites the first and second switch circuits, specifically pointing out which are considered the first and second switch circuits in the “Description of the Embodiments” section is necessary.
Appropriate correction is required.
Claim Objections
Claims 1-9 are objected to because the applicant uses the word “pad” for receiving image data which is awkward. It is recommended applicant change “pad” to -- electrical terminal -- or -- electrical contact -- or alternatively insert “electrical” before the word “pad”. See claim 1, lines 6,8,33 and 35. Claims 6 and 9 should be amended similarly.
Allowable Subject Matter
Claims 1-9 are allowable over the prior art of record if the double patenting rejection is overcome.
Applicant claims in independent claims 1, 6, and 9, a light-emitting chip on a circuit board including a plurality of light-emitting portions arranged in the longitudinal direction of the circuit board for exposing a photosensitive member, a first electrical terminal (pad) configured to receive image data for controlling the plurality of light-emitting portions, a second electrical terminal (pad) to receive image data, and a drive circuit; the drive circuit comprising a plurality of image-data transferring units including a first image-data transferring unit to output a drive signal to a first light-emitting portion, a second image-data transferring unit to output a drive signal to a second light-emitting portion which is adjacent to the first light-emitting portion, a third image-data transferring unit to output a drive signal to a third light-emitting portion which is adjacent to the second light-emitting portion and to output to one of the first and second image-data transferring units, a start signal instruction to start outputting the drive signal, a fourth image-data transferring unit to output a drive signal to a fourth light-emitting portion which is adjacent to the third light-emitting portion and to output to one of the second and third image-data transferring units, a start signal instruction to start outputting the drive signal, a first signal line connected to the first and third image-data transferring units to transmit image data received from the first electrical terminal pad, a second signal line to transmit image data received by the second electrical terminal pad, a first switch circuit which switches between a first state in which the start signal output by the fourth image-data transferring unit is output to the second image-data transferring unit and the start signal output by the third image-data transferring unit is output to the first image-data transferring unit and a second state in which the start signal output by the fourth image-data transferring unit is output to the third image-data transferring unit and the start signal output by the third image-data transferring unit is output to the second image-data transferring unit, and a second switch circuit which switches between a third state in which the first and third image-data transferring units and the first signal line are connected (or accepts image data as in claim 9) and the first and third image-data transferring units and the second signal line are not connected (or does not accept data), and fourth state in which the first and third image-data transferring units and the second signal line are connected (accepts data) and the first and third image-data transferring units and the first signal line are not connected (does not accept data) which is not anticipated, suggested or rendered obvious by the prior art of record (italics indicate patentable features).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT B BEATTY whose telephone number is (571) 272-2130. The examiner can normally be reached on M-F from 7 to 3.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Stephanie Bloss, can be reached on (571) 272-3555. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-2130.
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/ROBERT B BEATTY/Primary Examiner, Art Unit 2852