Prosecution Insights
Last updated: October 02, 2026
Application No. 19/056,370

NON-TRANSITORY COMPUTER-READABLE STORAGE MEDIUM STORING SET OF INSTRUCTIONS FOR REGISTERING MEDIUM SIZE AS REGISTERED SIZE

Non-Final OA §102§103
Filed
Feb 18, 2025
Priority
Mar 22, 2024 — JP 2024-047035
Examiner
BAKER, CHARLOTTE M
Art Unit
Tech Center
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allowance Rate
1013 granted / 1093 resolved
+32.7% vs TC avg
Minimal +0% lift
Without
With
+0.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
21 currently pending
Career history
1096
Total Applications
across all art units

Statute-Specific Performance

§101
21.9%
-18.1% vs TC avg
§103
27.3%
-12.7% vs TC avg
§102
29.4%
-10.6% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1093 resolved cases

Office Action

§102 §103
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 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. 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. Claim(s) 1-3 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wei et al. (hereinafter Wei) (CN-113656849-A). Regarding claim 1: Wei discloses image content information specifying a content of a print image (Step 3: In the label design interface, drag the text label component, barcode component, QR code component, and graphic component from the label list column on the left to the label canvas in the middle according to the design needs; Step 4: Select a label component on the canvas, set the label position, title, font height, underline, QR code data, barcode data, and graphic data. Repeat this step to complete the label component properties;, Steps 3 and 4 under Example One (Detailed Ways) printable by a printing device (Step 5: Save the label, when printing the fixed asset label, select the label template, and the system will automatically render and generate the final fixed asset data label; Step 6: The label printing stage is to print and render the generated asset data label. The fixed asset label is usually printed with a specified size and stickable label paper and printed with a label barcode printer. When the program is printed, the asset data label must be converted into a label. The printer's tspl command set controls the automatic label feeding, aligns the printing position, and prints asset data item by item;, Steps 5 and 6, under Example One (Detailed Ways)); and size-related information directly or indirectly specifying a medium size, the medium size being a size of a printing medium on which the print image is to be printed (The fixed asset label is usually printed with a specified size and stickable label paper and printed with a label barcode printer., Step 6, under Example One (Detailed Ways)); a registration process comprising registering, as a registered size, the medium size specified by the size-related information obtained in the obtaining process (specified size, Step 6, under Example One (Detailed Ways)); a rendering process comprising rendering (render the generated asset data label, Step 6 under Example One (Detailed Ways)), based on the content specified by the image content information obtained in the obtaining process, the print image to fit a medium size among a plurality of medium sizes registered as registered sizes that is the same as the medium size specified by the size-related information obtained in the obtaining process (specified size, Step 6, under Example One (Detailed Ways)), the plurality of medium sizes (label template library, second par. following Step 7 under Example One (Detailed Ways)) including the medium size registered by the registration process and one or more medium sizes registered as registered sizes (specified size, Step 6, under Example One (Detailed Ways)); and a transmission process comprising transmitting a print command to the printing device (The printer's tspl command set controls the automatic label feeding, aligns the printing position, and prints asset data item by item, Step 6, under Example One (Detailed Ways)), the print command including information representing the print image rendered in the rendering process (render the generated asset data label, Step 6 under Example One (Detailed Ways)). Regarding claim 2: Wei satisfies all the elements of claim 1. Wei further discloses wherein the transmission process further comprises transmitting medium size information to the printing device, the medium size information indicating the medium size specified by the size-related information obtained in the obtaining process (The label printing stage is to print and render the generated asset data label. The fixed asset label is usually printed with a specified size and stickable label paper and printed with a label barcode printer. When the program is printed, the asset data label must be converted into a label. The printer's tspl command set controls the automatic label feeding, aligns the printing position, and prints asset data item by item;, Step 6 under Example One (Detailed Ways)), and wherein the print command is a command instructing the printing device to print the print image on the printing medium of the medium size indicated by the medium size information (The printer's tspl command set controls the automatic label feeding, aligns the printing position, and prints asset data item by item, Step 6, under Example One (Detailed Ways)). Regarding claim 3: Wei satisfies all the elements of claim 1. Wei further discloses wherein the registering in the registration process is performed when the medium size specified by the size-related information obtained in the obtaining process has not been registered as a registered size (allows users to design the implementation of personalized tags by themselves without modifying the program, low cost, good practicability, and suitable for wide promotion use., next to last par. under Detailed Ways). Regarding claim 8: Arguments analogous to those stated in the rejection of claim 1 are applicable. Additionally, a controller is inherently taught by Wei because the tspl command is executed in the printer’s firmware/hardware. Claim Rejections - 35 USC § 103 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. 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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of Ogura et al. (hereinafter Ogura) (JP-H0631987-A). Regarding claim 4: Wei satisfies all the elements of claim 1. Wei further discloses wherein the size-related information obtained in the obtaining process (specified size, Step 6, under Example One (Detailed Ways)) (Detailed Ways)) Wei fails to specifically address includes a first identifier; wherein one or more second identifiers are registered as registered identifiers with each of the one or more second identifiers; when the one or more second identifiers registered as the registered identifiers do not include any second identifier having the same value as a value of the first identifier, the registration process further comprises: newly registering, as a registered identifier, a second identifier having the same value as the value of the first identifier in association with the medium size associated with the first identifier. Ogura discloses includes a first identifier (identification code, second par. under Means for Solving the Problems); wherein one or more second identifiers are registered as registered identifiers with each of the one or more second identifiers (identification code read from the identification code storage means, third par. under Means for Solving the Problems); when the one or more second identifiers registered as the registered identifiers do not include any second identifier having the same value as a value of the first identifier (Further, when the identification code read from the identification code storage means of the label to be printed are different, it determines the print area of ​​the label from the label information corresponding to the identification code of the label to be printed. Then, the string read from the storage means to select the maximum character size that fits in the printing area from the character size information, to the character size and the size of the string., fourth par. under Means for Solving Problems), the registration process further comprises: newly registering, as a registered identifier (In addition, the type of label sheets, usually of square label, line containing label, tack index label, box label, there are various cassette labels, etc., yet there is a variety also pasting position on the label sheet, it has been respectively normalized it is intended. Incidentally, by connecting an external input / output device such as expansion cartridge shown as an auxiliary storage unit 40 in FIG. 6, or increase the type of label sheet, or a desired label sheet that are not standardized when it is desired subjected to printing it is also possible to newly register., nineteenth par. under Means for Solving the Problems), a second identifier having the same value as the value of the first identifier in association with the medium size associated with the first identifier (Then, the same or different when labels are instructed to read a string for printing a character string registered in the storage means, the read processing means, the character size and the character of this string and the registered string and the identification code of the label string is printed is read out from the storage means. When the identification code read from the identification code storage means of the label to be printed are the same, the size of the string read out the character size read out from the storage means from the storage means., third par. under Means for Solving the Problems). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include includes a first identifier; wherein one or more second identifiers are registered as registered identifiers with each of the one or more second identifiers; when the one or more second identifiers registered as the registered identifiers do not include any second identifier having the same value as a value of the first identifier, the registration process further comprises: newly registering, as a registered identifier, a second identifier having the same value as the value of the first identifier in association with the medium size associated with the first identifier in order to ensure that the character string does not protrude from the label when printed as taught by Ogura (par. 9). Allowable Subject Matter Claims 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLOTTE M BAKER whose telephone number is (571)272-7459. The examiner can normally be reached Mon - Fri 8:00-5:00. 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, JENNIFER MEHMOOD can be reached at (571)272-2976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHARLOTTE M BAKER/Primary Examiner, Art Unit 2664 18 September 2026
Read full office action

Prosecution Timeline

Feb 18, 2025
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
93%
Grant Probability
93%
With Interview (+0.3%)
2y 0m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1093 resolved cases by this examiner. Grant probability derived from career allowance rate.

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