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
The information disclosure statement (IDS) submitted on 06/18/2025 is being considered by the examiner.
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,275,236. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are obvious in view of the claims in the patent as discussed below.
Regarding claim 21, claims 1,2,4 of US Patent No.’236 teaches a printer (claim 1 line 61), comprising:
a gas cushion substrate support to support a substrate on a gas cushion above a surface of the substrate support (claim 1 lines 62-63);
a vacuum holder assembly movable along a side of the substrate support to attach to a lower surface of the substrate and to translate the substrate while the substrate is being supported on the substrate support (claim 4);
a printhead assembly to deposit material on the substrate while the substrate is supported on the substrate support (claim 1 lines 64-65); and
a substrate handling mechanism comprising two linear actuators, each configured with a rotatable end-effector (claim 2 lines 4-5) to contact an upper surface of the substrate while the substrate is supported on the substrate support and to rotate the substrate from a first orientation to a second orientation by moving in two linear perpendicular directions (claim 1 lines 66-67,1-3).
Regarding claim 22, claim 2 of US Patent No.’236 further teaches wherein each of the end-effectors has one or more suction cups to engage with the substrate (claim 2).
Regarding claim 23, claim 3 of US Patent No.’236 further teaches wherein each of the two linear actuators comprises an arm, and the end-effector rotatably couples the one or more suction cups to the arm (claim 3).
Regarding claim 24, claim 5 of US Patent No.’236 further teaches wherein a first actuator of the two linear actuators is movable on a first track extending in a first direction, a second actuator of the two linear actuators is movable on a second track extending in a second direction perpendicular to the first direction, and the vacuum holder assembly is movable in a direction parallel to the first direction (claim 5).
Regarding claim 25, claim 6 of US Patent No.’236 further teaches wherein the printhead assembly is movable in a direction parallel to the second direction (claim 6).
Regarding claim 26, claim 7 of US Patent No.’236 further teaches wherein each of the first track and the second track are located below the substrate support (claim 7).
Regarding claim 27, claim 12 of US Patent No.’236 further teaches wherein a first actuator of the two linear actuators is configured to move in a first direction of the two linear perpendicular directions, a second actuator of the two linear actuators is configured to move in a second direction of the two linear perpendicular directions, the arm of the first actuator extends toward the substrate support in the second direction, and the arm of the second actuator extends toward the substrate support in the first direction (claim 12).
Regarding claim 28, claim 8 of US Patent No.’236 further teaches wherein the gas cushion substrate support comprises: a main section having a longitudinal axis in a first direction and a transverse axis in a second direction perpendicular to the first direction; a first extension adjacent, in the first direction, to the main section; and a second extension adjacent, in the second direction, to the main section, wherein the main section, the first extension, and the second extension provide a continuous gas cushion to support the substrate (claim 8).
Regarding claim 29, claim 9 of US Patent No.’236 further teaches wherein each of the linear actuators comprises an arm that extends toward the substrate support and couples to one of the end-effectors, and the arm of one of the two linear actuators is movable toward the substrate support and away from the substrate support (claim 9).
Regarding claim 30, claim 10 of US Patent No.’236 further teaches wherein each end-effector comprises a plurality of suction cups and a base member that rotatably couples the plurality of suction cups to an arm that extends toward the substrate support (claim 10).
Regarding claim 31, claim 11 of US Patent No.’236 further teaches wherein, for each linear actuator, the base member is coupled to the arm such that a rotational axis of the base member is disposed through a longitudinal axis of the arm (claim 11).
Regarding claim 32, claims 5,7 of US Patent No.’236 further teaches wherein a first actuator of the two linear actuators is movably coupled to a first rail extending in a first direction of the two linear perpendicular directions, a second actuator of the two linear actuators is movably coupled to a second rail extending in a second direction of the two linear perpendicular directions, and the second rail is movable in a direction parallel to the first direction (claims 5,7).
Regarding claim 33, claims 1,4,12,13 of US Patent No.’236 further teaches a printer, comprising: a gas cushion substrate support to support a substrate on a gas cushion above a surface of the substrate support (claim 1 lines 62-63); a vacuum holder assembly movable along the side of the substrate support to attach to a lower surface of the substrate and to translate the substrate while the substrate is being supported on the substrate support (claim 4); a printhead assembly to deposit material on the substrate while the substrate is supported on the substrate support (claim 1 lines 64-65); and a substrate handling mechanism (claim 12 line 47), comprising: a first actuator movably coupled to a first linear track extending in a first direction; a second actuator movably coupled to a second linear track extending in a second direction perpendicular to the first direction, wherein each of the first actuator and the second actuator comprises: a movable carriage, an arm extending in a direction perpendicular to the respective linear track, and an end-effector rotatably coupled to an end of the arm, the end-effector comprising a plurality of suction cups to contact an upper surface of a substrate adjacent to the respective linear tracks, wherein at least one of the linear tracks is movable toward the substrate and away from the substrate (claim 12 lines 49-54,58-67), at least one of the arms is telescopic (claim 13), or both; and a controller coupled to the first actuator and the second actuator to control the first actuator and the second actuator to simultaneously move along the respective first and second tracks (claim 12 lines 54-57).
Regarding claim 34, claim12 of US Patent No.’236 further teaches wherein each end-effector comprises a base member that rotatably couples the suction cups to the arm (claim 12 lines 63-67).
Regarding claim 35, claim 15 of US Patent No.’236 further teaches wherein the suction cups are movable with respect to the base member (claim 15).
Regarding claim 36, claim 16 US Patent No.’236 further teaches wherein the base member is rotatably coupled to the arm such that a rotational axis of the base member is disposed through a longitudinal axis of the arm, and the suction cups are offset from the rotational axis of the base member (claim 16).
Regarding claim 37, claims 1,4,12,13 of US Patent No.’236 further teaches a printer, comprising: a gas cushion substrate support to support a substrate on a gas cushion above a surface of the substrate support(claim 1 lines 62-63); a vacuum holder assembly movable along a side of the substrate support to attach to a lower surface of the substrate and to translate the substrate while the substrate is being supported on the substrate support (claim 4); a printhead assembly to deposit material on the substrate while the substrate is supported on the substrate support (claim 1 lines 64-65); and a substrate handling mechanism (claim 12 line 47), comprising: a first actuator movably coupled to a first linear track extending in a first direction; a second actuator movably coupled to a second linear track extending in a second direction perpendicular to the first direction, wherein each of the first actuator and the second actuator comprises: a movable carriage, an arm extending in a direction perpendicular to the respective linear track, and an end-effector rotatably coupled to an end of the arm, the end-effector comprising a plurality of suction cups to contact an upper surface of a substrate adjacent to the respective linear tracks, wherein at least one of the linear tracks is movable toward the substrate and away from the substrate (claim 12 lines 49-54,58-67), at least one of the arms is telescopic, or both (claim 13); and a controller coupled to the first actuator and the second actuator to control the first actuator and the second actuator to simultaneously move along the respective first and second tracks (claim 12 lines 54-57).
Regarding claim 38, claim 16 US Patent No.’236 further teaches wherein each of the first actuator and the second actuator is configured to engage with the substrate at a corner thereof such that a rotational axis of each end-effector coincides with the respective corner of the substrate (claim 18).
Regarding claim 39, claim 16 US Patent No.’236 further teaches wherein the vacuum holder assembly and the first actuator are positionable to contact the substrate at the same time (claim 17).
Regarding claim 40, claim 16 US Patent No.’236 further teaches wherein each of the first actuator and the second actuator comprises a driving member to position the respective suction cups at a homing position (claim 17 driving member corresponds to rotatable member).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENOK D LEGESSE whose telephone number is (571)270-1615. The examiner can normally be reached General Schedule 9:00 am- 5:00 pm, IFP.
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/HENOK D LEGESSE/Primary Examiner, Art Unit 2853
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