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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
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Claims 1 and 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,241,878 in view of Sakata (JP 2020147002).
19/046,830
US Patent 11,241,878
1. A drying device comprising:
a drying section that dries a medium onto which pigment ink containing a pigment, water, and a solvent was ejected by generating an electromagnetic wave in response to application of a high-frequency voltage, wherein
the drying section includes
a first electrode,
a second electrode arranged so as to surround the first electrode in plan view from a first direction toward a medium,
a first conductor that includes a coil and that electrically connects a transmission line, which is configured to transmit a high-frequency voltage, and the first electrode, and
a second conductor that electrically connects the transmission line and the second electrode
1. An ink jet printer comprising: an electromagnetic wave generator including an electromagnetic wave generation section that generates an electromagnetic wave, a high-frequency voltage generation section that generates a voltage applied to the electromagnetic wave generation section, and a transmission line that electrically couples the electromagnetic wave generation section and the high-frequency voltage generation section to each other in which the electromagnetic wave generation section includes a first electrode, a second electrode, a first conductor that electrically couples the first electrode and the transmission line to each other, and a second conductor that electrically couples the second electrode and the transmission line to each other, one of the first electrode or the second electrode is a reference potential electrode to which a reference potential is applied and the other is a high-frequency electrode to which a high-frequency voltage is applied, a minimum separation distance between the first electrode and the second electrode is 1/10 or less of a wavelength of an output electromagnetic wave, a minimum separation distance between the first conductor and the second conductor is 1/10 or less of a wavelength of an output electromagnetic wave, and the first conductor further includes a coil, and the coil is disposed at a position closer to the first electrode than the transmission line; a carriage reciprocating in a width direction of a recording medium; and an ink jet head discharging ink, wherein the electromagnetic wave generator and the ink jet head are mounted on the carriage, and a thin ink film of the ink discharged from the ink jet head and attached to the recording medium is dried by the electromagnetic wave generator.
7. A recording device comprising: a recording section that performs recording by ejecting pigment ink containing a pigment water and a solvent onto a medium and ….
NOTE: (claim language at this point is the same as claim 1)
Aizawa does not disclose the drying section generates waves so that an irradiation intensity of the electromagnetic wave on a medium onto which pigment ink was ejected becomes pulsed in time series.
However, Sakata teaches an electromagnetic wave irradiation device controlled to intermittently irradiate electromagnetic waves under different conditions. The conditions are, one irradiation time (pulse width) of the pulsed electromagnetic wave, the number of cycles, the irradiation stop time of the electromagnetic wave between a certain cycle and the following cycle, These include irradiation intensity per cycle and irradiation energy per cycle [Para. 0039].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the drying section of Aizawa to generate electromagnetic waves so that an irradiation intensity of the electromagnetic wave becomes pulsed in time series, as taught by Sakata, for the purpose of suppressing excessive heating of inks of different colors.
Claims 1 and 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 11,135,856 in view of Sakata (JP 2020147002).
19/046,830
US Patent 11,135,856
1. A drying device comprising:
a drying section that dries a medium onto which pigment ink containing a pigment, water, and a solvent was ejected by generating an electromagnetic wave in response to application of a high-frequency voltage, wherein
the drying section includes
a first electrode,
a second electrode arranged so as to surround the first electrode in plan view from a first direction toward a medium,
a first conductor that includes a coil and that electrically connects a transmission line, which is configured to transmit a high-frequency voltage, and the first electrode, and
a second conductor that electrically connects the transmission line and the second electrode
1. An ink jet printer comprising: an electromagnetic wave generator including an electromagnetic wave generation section that generates an electromagnetic wave, a high-frequency voltage generation section that generates a voltage applied to the electromagnetic wave generation section, and a transmission line that electrically couples the electromagnetic wave generation section and the high-frequency voltage generation section to each other in which the electromagnetic wave generation section includes a first electrode, a second electrode, a first conductor that electrically couples the first electrode and the transmission line to each other, and a second conductor that electrically couples the second electrode and the transmission line to each other, one of the first electrode or the second electrode is a reference potential electrode to which a reference potential is applied and the other is a high-frequency electrode to which a high-frequency voltage is applied, a minimum separation distance between the first electrode and the second electrode is 1/10 or less of a wavelength of an output electromagnetic wave, a minimum separation distance between the first conductor and the second conductor is 1/10 or less of a wavelength of an output electromagnetic wave, and the first conductor further includes a coil, and the coil is disposed at a position closer to the first electrode than the transmission line; and an ink jet head discharging ink, wherein a plurality of the electromagnetic wave generators are provided and the electromagnetic wave generators are moved relative to a recording medium, a thin ink film of the ink discharged from the ink jet head and attached to the recording medium is heated and dried by the electromagnetic wave generator, and a control section that controls a power or a frequency of the high-frequency source according to information on the thin ink film is further included.
7. A recording device comprising: a recording section that performs recording by ejecting pigment ink containing a pigment water and a solvent onto a medium and ….
NOTE: (claim language at this point is the same as claim 1)
3. An ink jet printer comprising: an electromagnetic wave generator including an electromagnetic wave generation section that generates an electromagnetic wave, a high-frequency voltage generation section that generates a voltage applied to the electromagnetic wave generation section, and a transmission line that electrically couples the electromagnetic wave generation section and the high-frequency voltage generation section to each other in which the electromagnetic wave generation section includes a first electrode, a second electrode, a first conductor that electrically couples the first electrode and the transmission line to each other, and a second conductor that electrically couples the second electrode and the transmission line to each other, one of the first electrode or the second electrode is a reference potential electrode to which a reference potential is applied and the other is a high-frequency electrode to which a high-frequency voltage is applied, a minimum separation distance between the first electrode and the second electrode is 1/10 or less of a wavelength of an output electromagnetic wave, a minimum separation distance between the first conductor and the second conductor is 1/10 or less of a wavelength of an output electromagnetic wave, a first coil is coupled to the first electrode or the second electrode in series, the first conductor includes the first coil, and the first coil is disposed at a position closer to the first electrode than the transmission line, and an impedance matching circuit constituted by a second coil and a capacitor is coupled between the first coil and the high-frequency source; and an ink jet head discharging ink, wherein one or more electromagnetic wave generators are provided and the electromagnetic wave generator is moved relative to a recording medium, a thin ink film of the ink discharged from the ink jet head and attached to the recording medium is heated and dried by the electromagnetic wave generator, and a control section that controls a constant of the second coil or a constant of the capacitor of the impedance matching circuit according to information on the thin ink film is further included.
Aizawa does not disclose the drying section generates waves so that an irradiation intensity of the electromagnetic wave on a medium onto which pigment ink was ejected becomes pulsed in time series.
However, Sakata teaches an electromagnetic wave irradiation device controlled to intermittently irradiate electromagnetic waves under different conditions. The conditions are, one irradiation time (pulse width) of the pulsed electromagnetic wave, the number of cycles, the irradiation stop time of the electromagnetic wave between a certain cycle and the following cycle, These include irradiation intensity per cycle and irradiation energy per cycle [Para. 0039].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the drying section of Aizawa to generate electromagnetic waves so that an irradiation intensity of the electromagnetic wave becomes pulsed in time series, as taught by Sakata, for the purpose of suppressing excessive heating of inks of different colors.
Claim Rejections - 35 USC § 112
Claim 5 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.
Regarding claim 5, the phrase “the first distance of the first region in the transport direction is longer than a second distance of the second region in the transport direction” renders the claim indefinite because it is unclear what the starting and ending point of the first region and the second region is. In addition, it is unclear whether the first and second regions have more than one distance to compare. Reading the claim broadly, examiner interprets the first region having a second distance and the second region having a first distance.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Sakata (JP 2020147002) and in view of Sasaki (US 2022/0063274).
With regard to claim 1, Sakata discloses a drying device [Para. 00; Fig. 1] comprising:
a drying section (30) that dries a medium (5) [Para. 0028] onto which pigment ink containing a pigment, water, and a solvent [Para. 0068-0070] was ejected by generating an electromagnetic wave in response to application of a high-frequency voltage, wherein
the drying section generates waves so that an irradiation intensity of the electromagnetic wave on a medium onto which pigment ink was ejected becomes pulsed in time series [an electromagnetic wave irradiation device (30) [Para. 0027] controlled to intermittently irradiate electromagnetic waves under different conditions. The conditions are, one irradiation time (pulse width) of the pulsed electromagnetic wave, the number of cycles, the irradiation stop time of the electromagnetic wave between a certain cycle and the following cycle, These include irradiation intensity per cycle and irradiation energy per cycle [Para. 0039]].
Sakata does not disclose the drying section includes
a first electrode (51) [Para. 0041; Fig. 4],
a second electrode (52) [Para. 0041; Fig. 4] arranged so as to surround the first electrode in plan view from a first direction toward a medium [Fig. 4],
a first conductor (54A) [Para. 0041; Fig. 4] that includes a coil (55) [Para. 0042] and that electrically connects a transmission line (54), which is configured to transmit a high-frequency voltage, and the first electrode [Para. 0042], and
a second conductor (54B) that electrically connects the transmission line and the second electrode.
Sasaki teaches drying section (43) includes a first electrode (51) [Para. 0041; Fig. 4], a second electrode (52) [Para. 0041; Fig. 4] arranged so as to surround the first electrode in plan view from a first direction toward a medium [Fig. 4], a first conductor (54A) [Para. 0041; Fig. 4] that includes a coil (55) [Para. 0042] and that electrically connects a transmission line (54), which is configured to transmit a high-frequency voltage, and the first electrode [Para. 0042], and a second conductor (54B) that electrically connects the transmission line and the second electrode.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the drying section of Sakata to include a drying section having a first electrode and a second electrode surrounding the first electrode in plan view form a first direction toward a medium, a first conductor that includes a coil that electrically connects a transmission line, and a second conductor that electrically connects the transmission line and the second electrode as taught by Sasaki for the purpose of improving the efficiency of heating the liquid ejected onto the medium.
With regard to claim 2, Sakata discloses wherein the drying section generates an electromagnetic wave based on a control pattern [Para. 0039-0040] and
the control pattern is a pulsed pattern that generates an electromagnetic wave from a first start timing over a first pulse width, and generates an electromagnetic wave from a second start timing that is after the first start timing over a second pulse width that is shorter than the first pulse width [Para. 0039-0040].
With regard to claim 4, Sakata discloses further comprising:
a drying transport section (10) [Para. 0027; Fig. 1] that transports a medium (5) along a transport direction (A) [Fig. 1], wherein
the drying section includes a first drying section (32) and a second drying section (31) provided downstream of the first drying section in the transport direction [Fig. 5],
the first drying section generates an electromagnetic wave based on a first control pattern in a state where the medium is continuously transported at a predetermined speed by the drying transport section [Para. 0059; Fig. 5],
the second drying section generates an electromagnetic wave based on a second control pattern in a state where the medium is continuously transported at a predetermined speed by the drying transport section [Para. 0059; Fig. 5],
the first control pattern is a pattern for continuously generating an electromagnetic wave of a predetermined intensity [Para. 0059], and
the second control pattern is a pulsed pattern that generates an electromagnetic wave over a predetermined pulse width [Para. 0059].
With regard to claim 5, Sakata discloses further comprising:
a drying transport section (10) that transports a medium (5) along a transport direction (A), wherein
the drying section includes a first drying section (32) and a second drying section (31) provided downstream of the first drying section in the transport direction [Fig. 5],
a first distance of the first region in the transport direction is longer than a second distance of the second region in the transport direction [Fig. 5],
the first drying section is provided in a first region [Fig. 5], the second drying section is provided in a second region [Fig. 5], the second region is a region provided downstream of the first region in the transport direction [Fig. 5], and is a region in which a third region in which an electromagnetic wave is not generated is provided between the second region and the first region in the transport direction [area under printhead (21); Fig. 5],
the first drying section and the second drying section generate electromagnetic waves based on a control pattern in a state where the medium is continuously transported [irradiation intensity is stored in the storage unit (41) and the control unit controls intensity based on the conditions stored in the storage unit; Para. 0041], and
the control pattern is a pattern for continuously generating an electromagnetic wave of a predetermined intensity [irradiation intensity is stored in the storage unit (41) and the control unit controls intensity based on the conditions stored in the storage unit and continuously irradiated; Para. 0041, 0047].
Sakata does not disclose electromagnetic waves are generated in a state where the medium is continuously transported at a predetermined speed by the drying transport section.
Sasaki teaches a control unit causing a medium to be transported at a speed corresponding to the resolution [Para. 0078].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed inventio to utilize a predetermined speed to transport the medium of Sakata when the first drying section and the second drying section generate electromagnetic waves based on a control pattern as taught by Sasaki, for the purpose of preventing excessive heating of the ink.
With regard to claim 6, Sakata discloses wherein the first drying section generates an electromagnetic wave having a higher intensity than the second drying section [Para. 0061].
Sakata does not explicitly disclose a resonance frequency of the first drying section is different from a resonance frequency of the second drying section.
Sasaki teaches when liquid is not present in the medium, a resonance frequency of the generator changes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the resonance frequency of the first drying section is different from resonance frequency of the second drying section as taught by Sasaki in view of Sakata since the second drying section is downstream of the first drying section and can be detected as not having liquid present.
With regard to claim 7, Sasaki discloses a recording device (1) [image forming apparatus; Para. 0027] comprising:
a recording section (22-24) [printheads; Para. 0051] that performs recording by ejecting pigment ink containing a pigment, water, and a solvent [Para. 0068-0070] onto a medium (5) [Para. 0028] and
a drying section (30) that dries a medium (5) [Para. 0028] onto which pigment ink containing a pigment, water, and a solvent [Para. 0068-0070] was ejected by generating an electromagnetic wave in response to application of a high-frequency voltage, wherein
the drying section generates waves so that an irradiation intensity of the electromagnetic wave on a medium onto which pigment ink was ejected becomes pulsed in time series [an electromagnetic wave irradiation device (30) [Para. 0027] controlled to intermittently irradiate electromagnetic waves under different conditions. The conditions are, one irradiation time (pulse width) of the pulsed electromagnetic wave, the number of cycles, the irradiation stop time of the electromagnetic wave between a certain cycle and the following cycle, These include irradiation intensity per cycle and irradiation energy per cycle [Para. 0039]].
Sakata does not disclose the drying section includes a first electrode (51) [Para. 0041; Fig. 4], a second electrode (52) [Para. 0041; Fig. 4] arranged so as to surround the first electrode in plan view from a first direction toward a medium [Fig. 4], a first conductor (54A) [Para. 0041; Fig. 4] that includes a coil (55) [Para. 0042] and that electrically connects a transmission line (54), which is configured to transmit a high-frequency voltage, and the first electrode [Para. 0042], and a second conductor (54B) that electrically connects the transmission line and the second electrode.
Sasaki teaches drying section (43) includes a first electrode (51) [Para. 0041; Fig. 4], a second electrode (52) [Para. 0041; Fig. 4] arranged so as to surround the first electrode in plan view from a first direction toward a medium [Fig. 4], a first conductor (54A) [Para. 0041; Fig. 4] that includes a coil (55) [Para. 0042] and that electrically connects a transmission line (54), which is configured to transmit a high-frequency voltage, and the first electrode [Para. 0042], and a second conductor (54B) that electrically connects the transmission line and the second electrode.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the drying section of Sakata to include a drying section having a first electrode and a second electrode surrounding the first electrode in plan view form a first direction toward a medium, a first conductor that includes a coil that electrically connects a transmission line, and a second conductor that electrically connects the transmission line and the second electrode as taught by Sasaki for the purpose of improving the efficiency of heating the liquid ejected onto the medium.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sakata (JP 2020147002) in view of Sasaki (US 2022/0063274) and further in view of Momose (US 2014/0284178).
With regard to claim 3, Sakata discloses comprising: a drying transport section (10) that transports a medium (5) along a transport direction (A).
Sakata does not disclose wherein the drying transport section intermittently transports the medium along the transport direction and the drying section generates an electromagnetic wave based on the control pattern in a state in which a transport of the medium by the drying transport section is stopped.
Momose teaches a transporting endless belt (10) intermittently transports a medium (P).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the drying transport section of Sakata in view of Sasaki to intermittently transport the medium along the transport direction as taught by Momose for the purpose of efficiently performing drying of ink attached to the transport medium without uneven drying.
In addition, it would be obvious for the drying section of Sakata in view of Sasaki and Momose to generate an electromagnetic wave based on the control pattern in a state in which a transport of the medium by the drying transport is stopped for the purpose of efficiently performing drying of ink.
Conclusion
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/TRACEY M MCMILLION/ Examiner, Art Unit 2853
/RICARDO I MAGALLANES/ Supervisor Patent Examiner, Art Unit 2853
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