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 .
Information Disclosure Statement
Note that some of the citations in the IDS’s dated November 12, 2025 and June 12, 2025 (in particular, documents 37-39 and 45) have been lined through since they are duplicates of references cited in the IDS dated March 31, 2025 (see documents 1 and 5-7).
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application No. 17/915743, filed on September 29, 2022.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 59-60 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 30 and 33 of U.S. Patent No. 12,251,951 B2 (hereafter referred to as US ‘951). Although the claims at issue are not identical, they are not patentably distinct from each other because they each encompass a plate making system having all of the structure as recited.
With respect to claim 59, Claim 1 of US ‘951 teaches a plate making system, (column 31, line 65) comprising:
a writing device that applies laser writing onto a flexographic printing original plate (column 31, lines 66-67);
an exposure device that exposes the flexographic printing original plate subjected to the laser writing (column 32, lines 1-2);
a developing device that develops the exposed flexographic printing original plate (column 32, lines 3-4);
a first transfer device that transfers the flexographic printing original plate subjected to the laser writing by the writing device to the exposure apparatus (column 32, lines 7-9);
a second transfer device that transfers the flexographic printing original plate exposed by the exposure device to the developing device (column 32, lines 10-12);
wherein the plate making system comprises the writing device, the exposure device, the developing device, the first transfer device and the second transfer device in an integrated manner (column 32, lines 16-20), and
wherein the plate making system further comprises a control device that controls a series of plate making processes for the flexographic printing original plate performed by the writing device, the exposure device and the developing device (column 32, lines 21-25); and
wherein the developing device performs development, drying, and post-exposure as an integrated unit, the developing device continuously transfers the flexographic printing original plate with a transfer device that has a plate setter for transferring the flexographic printing original plate; a device for attaching the plate setter to the flexographic printing original plate is provided at an entrance of the integrated unit of the developing device; and a device for removing the plate setter from the flexographic printing original plate is provided at an exit of the integrated unit of the developing device (column 32, lines 26-37). Note claim 33 of US ‘951 also teaches the subject matter of claim 59 as set forth in lines column 36, lines 24-30, 33-38, 42-51 and column 37, lines 10-21.
With respect to claim 60, note claim 30 of US ‘951 teaches a stocker that stores flexographic plates before being subject to writing by the writing device in column 36, lines 8-11. Additionally note that the provision of a plate stocker both before the writing device and/or after the developing device is well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a stocker for storing plates (such as the stocker taught by claim 30 of US ‘951) in any desired location or multiple locations along the integrated plate making system to allow for the efficient storage of plates during the plate making processes.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure. Sone et al. (US 2026/0010076 A1) teaches a developing device having similarities to the claimed subject matter that are readily apparent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE J EVANISKO whose telephone number is (571)272-2161. The examiner can normally be reached M-F 8:30-6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen D Meier can be reached at 571-272-7149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Leslie J Evanisko/Primary Examiner, Art Unit 2853