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 .
Claim Rejections - 35 USC § 102
2. 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.
3. 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.
4. Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ryoichi Tanaka (JP 2002-086721).
Ryoichi Tanaka discloses the following claimed limitations:
Re clm 1, a liquid ejection head/recording head 21/ (Abst., paras 0024-0028, figs 1-11);
* a liquid ejection substrate/flow path unit 1, head case 2/ having (paras 0001-0003, figs 1-6, 11);
* a nozzle substrate/nozzle plate 3/ having a plurality of nozzles/nozzle openings 8/ that eject a liquid/ink/ (paras 0001-0003, figs 1-6, 11);
* a channel substrate/flow path substrate 4/ having a plurality of pressure chambers/pressure generating chamber 7/ respectively communicating with the plurality of nozzles/nozzle openings 8/ (paras 0001-0003, 0029-0032, figs 1-6, 11);
* a plurality of individual channels/ink supply path 10/respectively communicating with the plurality of pressure chamber/pressure generating chamber 7/ (paras 0001-0005, 0029-0032, 0035, figs 1-6, 11);
* a plurality of pressure generation units/piezoelectric vibrator 6/ that respectively generate a pressure in the plurality of pressure chambers/pressure generating chamber 7/ (paras 0001-0004, 0028-0031, figs 1-6, 11);
* a common channel/ink storage chamber 9/ communicating with the plurality of individual channels/see fig 2/ (paras 0001-0006, 0029-0032, figs 1-6, 11);
* a damper substrate/head case 2/ positioned such that the channel substrate/flow path substrate 4/ is interposed between the nozzle substrate/nozzle plate 3/ and the damper substrate/head case 2/, and having (paras 0002-0004, 0032-0034, figs 1-6, 11);
* a damper film/diaphragm 5/ disposed so as to face a surface of the damper substrate/2/ facing an opening plane of a channel communicating with the common channel/ink storage chamber 9/ (paras 0002-0006, 0029-0033, figs 1-6, 11);
* a damper chamber/damper recess 12/ one side of which is covered by the damper film/ diaphragm 5/ (paras 0032-0036, figs 1-6, 11);
* wherein the liquid ejection substrate/flow path unit 1, head case 2/ includes an atmospheric communication port/external communication hole 14/ through which an inside of the damper chamber/damper recess 12/ communicates with atmosphere (paras 0002-0006, 0029-0036, figs 1-6, 11).
* Re clm 2, wherein the atmospheric communication port is formed in a direction parallel to an ejection surface of the nozzle substrate in which the plurality of nozzles formed (see fig 3).
* Re clm 3, wherein the atmospheric communication port is formed on a side opposite to an ejection surface of the nozzle substrate in which the plurality of nozzles formed (see fig 11).
* Re clm 4, wherein the atmospheric communication port is formed on a side close to or at an ejection surface of the nozzle substrate in which the plurality of nozzles formed (see fig 6).
* Re clm 5, wherein the atmospheric communication port is formed at opposite ends of the damper chamber in a direction of extension of the damper substrate as viewed from a direction perpendicular to a surface of the damper substrate (see fig 11).
* Re clm 6, wherein the atmospheric communication port is formed to be closer to an outer periphery of the damper substrate than the plurality of individual channels are as viewed from a direction perpendicular to a surface of the damper substrate (see fig 3).
* Re clm 7, wherein a width of the atmospheric communication port in a direction parallel to a surface of the damper substrate and crossing a direction of extension of the damper chamber is smaller than a width of the damper chamber in the direction (see fig 6).
* Re clm 9, wherein a size of the atmospheric communication port in a direction perpendicular to a surface of the channel substrate is larger than a size of the damper chamber in the direction (see fig 11).
* Re clm 10, wherein the atmospheric communication port is formed in the damper chamber (see fig 3).
* Re clm 11, wherein the atmospheric communication port is formed so as to open at the channel substrate in a direction parallel to the ejection surface (see fig 3).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryoichi Tanaka (JP 2002-086721).
Ryoichi Tanaka discloses the following:
* Re clm 8, wherein a size of the atmospheric communication port/14/ in a direction perpendicular to a surface of the channel substrate (see fig 3).
Ryoichi Tanaka does not disclose the following:
* Re clm 8, wherein a size of the atmospheric communication port in a direction perpendicular to a surface of the channel substrate is equal to a size of the common channel.
However, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize wherein a size of the atmospheric communication port in a direction perpendicular to a surface of the channel substrate is equal to a size of the common channel for the purpose of having a particular configuration is significant or is anything more than one of numerous configuration a person of ordinary skill in the art would find obvious for the purpose of providing mating surface/hole size surface/ of the atmospheric communication port to the common channel. See Graham v. John deere Co., 383 US 1, 148 USPQ 459. In re Dailey, 149 USPQ 47 (CCPA 1976.
Furthermore, there are a finite number of possibilities for a size of the atmospheric communication port size being equal to a size of the common channel (the common channel size various so would the port hole size to provide a continuous flow of fluid or air/. As stated in the MPEP 2143, choosing from a finite number of identified predictable solutions with a reasonable expectation of success is indicia of obviousness. Here, there are various numbers of different sixes to match/mate the various sizes of the common channels to be utilized for the flow of air. The Examiner sees no patentable distinction between any of these various number of sizing mates of the port to the common channel as likely options. As stated in the MPEP 2143, a simple substitution of one know element for another to obtain predictable results is indicia of obviousness. The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art.
7. Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryoichi Tanaka (JP 2002-086721) in view of Goto et al. (JP 2006 256006).
Ryoichi Tanaka discloses all of the claimed limitations except for the following:
* Re clm 12, a support plate disposed on an opposite side of the damper substrate opposite from a side thereof adjoining the channel substrate, wherein the support plate has the atmospheric communication port, and a supply port communicating with the common channel, and the atmospheric communication port is formed on an outer side of the support plate relative to the supply port as viewed from a direction perpendicular to a surface of the support plate.
* Re clm 13, wherein a size of the damper chamber in a direction perpendicular to a surface of the channel substrate is smaller than a size of the common channel in the direction.
* Re clm 14, wherein the channel substrate has an individual channel substrate in which the individual channels are formed, and a common channel substrate in which the common channel is formed,
* Re clm 15, wherein the liquid ejection head has a structure in which the individual channel substrate, the common channel substrate, and the damper substrate are arranged in this order in a direction perpendicular to a surface of the liquid ejection substrate.
Goto et al. discloses the following claimed limitations:
* Re clm 12, a support plate/12a/ disposed on an opposite side of the damper substrate/compliance substrate 12/ opposite from a side thereof adjoining the channel substrate/11/, wherein the support plate/12a/ has the atmospheric communication port/atmospheric vent passage 32/, and a supply port/30/ communicating with the common channel/33/, and the atmospheric communication port is formed on an outer side of the support plate/12a/ relative to the supply port as viewed from a direction perpendicular to a surface of the support plate/12/ (para 0028, see figs 3-4).
* Re clm 13, wherein a size of the damper chamber/23/ in a direction perpendicular to a surface of the channel substrate/11/ is smaller than a size of the common channel in the direction (see figs 3-4).
* Re clm 14, wherein the channel substrate/10/ has an individual channel substrate in which the individual channels are formed, and a common channel substrate/11/ in which the common channel is formed (see fig 3).
* Re clm 15, wherein the liquid ejection head/1/ has a structure in which the individual channel substrate/10/, the common channel substrate/11/, and the damper substrate/12/ are arranged in this order in a direction perpendicular to a surface of the liquid ejection substrate/9/ (see fig 3).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize a support plate disposed on an opposite side of the damper substrate opposite from a side thereof adjoining the channel substrate, wherein the support plate has the atmospheric communication port, and a supply port communicating with the common channel, and the atmospheric communication port is formed on an outer side of the support plate relative to the supply port as viewed from a direction perpendicular to a surface of the support plate.; wherein a size of the damper chamber in a direction perpendicular to a surface of the channel substrate is smaller than a size of the common channel in the direction.; wherein the channel substrate has an individual channel substrate in which the individual channels are formed, and a common channel substrate in which the common channel is formed.; wherein the liquid ejection head has a structure in which the individual channel substrate, the common channel substrate, and the damper substrate are arranged in this order in a direction perpendicular to a surface of the liquid ejection substrate, taught by Goto et al. into Ryoichi Tanaka for the purpose of preventing liquid in a liquid channel from increasing the viscosity while achieving a size reduction of the liquid ejection head and improving print quality of images.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTAL FEGGINS whose telephone number is (571)272-2254. The examiner can normally be reached M-F 930-530pm.
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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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/KRISTAL FEGGINS/Primary Examiner, Art Unit 2853
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