Prosecution Insights
Last updated: August 16, 2026
Application No. 19/079,942

Device and Method for Exhausting Aerosols

Non-Final OA §102§103
Filed
Mar 14, 2025
Priority
Mar 15, 2024 — DE 10 2024 107 424.8
Examiner
LEBRON, JANNELLE M
Art Unit
Tech Center
Assignee
Canon Production Printing Holding B.V.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
864 granted / 1027 resolved
+24.1% vs TC avg
Minimal +3% lift
Without
With
+3.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
28 currently pending
Career history
1056
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
43.0%
+3.0% vs TC avg
§102
40.6%
+0.6% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1027 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 14 March 2025 has been considered by the examiner. 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. Claims 1-7 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerstner et al. (US 2023/0382118 – hereinafter Gerstner.) Regarding claim 1, Gerstner discloses an extraction device [200 in fig. 2] to exhaust aerosol in an inkjet printing device [100 in figs. 1a-1c], the printing device comprising a print group [140 in figs. 1a-1c] for printing to a front side of a recording medium [120 in figs. 1a-2] moved through the print group along a transport direction [paragraphs 0032-0035], the extraction device comprising: a mechanical barrier [201 in fig. 2] and a guiding unit [paragraph 0053] together configured to form a constriction [202 in fig. 2] above the frontside, printed to in the print group, of the recording medium directed past the mechanical barrier in the transport direction [as seen in fig. 2; paragraphs 0040-0043 and 0053]; wherein the guiding unit is configured to act on the back side of the recording medium at the constriction [paragraphs 0032-0035]; a blower [203 in fig. 2] that is configured to produce a gas flow traveling counter to the transport direction above the printed front side of the recording medium in the constriction [paragraphs 0041-0042]; and an extraction unit [205 in fig. 2] that is configured to exhaust aerosol from the printed front side of the recording medium in an extraction region that is arranged before the constriction with respect to the transport direction [paragraph 0043.] Regarding claim 2, Gerstner further discloses wherein the guiding unit is further configured to deflect the recording medium at the constriction so that at least one of: a clearance of the front side of the recording medium from the mechanical barrier increases following the constriction [paragraph 0041]; or the constriction has an opening angle toward an exit of the constriction facing toward the blower, which opening angle is equal to or greater than a minimum angle [as seen in fig. 2; also, please note that only one of the options needs to be found for the limitation to be met.] Regarding claim 3, Gerstner further discloses wherein the guiding unit is adjustable such that a clearance between the mechanical barrier and the guiding unit is variable in order to adapt the constriction to different thicknesses of recording medium [paragraphs 0040-0051.] Regarding claim 4, Gerstner further discloses wherein the extraction device comprises a housing by which is formed the extraction region designed as an extraction chamber [implicit from fig. 2]; and the extraction chamber is open at a side facing toward the front side of the recording medium, so that the extraction chamber is covered by the recording medium on the side facing toward the front side of the recording medium [as seen in figs. 2-4.] Regarding claim 5, Gerstner further discloses wherein the extraction chamber has a front side at which the recording medium is guided toward the extraction chamber [as seen in figs. 2-4]; the extraction chamber has a back side at which the recording medium is guided away from the extraction chamber [as seen in figs. 2-4]; and the constriction is arranged on the back side of the extraction chamber [as seen in figs. 2-4.] Regarding claim 6, Gerstner further discloses the extraction device further comprising: an infeed tunnel that extends counter to the transport direction, starting from the front side of the extraction chamber, so that the recording medium is guided through the infeed tunnel to the extraction chamber, wherein the infeed tunnel has a front tunnel wall that is arranged at the front side of the recording medium and a rearward tunnel wall that is arranged at the back side of the recording medium [paragraphs 0041 and 0061; as seen in figs. 2-4.] Regarding claim 7, Gerstner further discloses wherein the front tunnel wall has, at an end facing away from the extraction chamber, a segment traveling at an angle away from the front side of the recording medium, by which segment is formed a funnel to capture aerosol that is arranged at the front side of the recording medium [as seen in figs. 2-4.] Regarding claim 13, Gerstner discloses a method for exhausting aerosol in an inkjet printing device [100 in figs. 1a-1c], the printing device comprising a print group [140 in figs. 1a-1c] for printing to a front side of a recording medium [120 in figs. 1a-2] moved through the print group along a transport direction [paragraphs 0032-0035], the method comprising guiding the recording medium along the transport direction through a constriction [202 in fig. 2] arranged above the front side of the recording medium [step 301 in fig. 5; paragraphs 0040-0043 and 0053]; wherein the constriction is formed by a guiding unit that acts on a back side of the recording medium at the constriction [paragraphs 0032-0035 and 0053]; producing a gas flow that, in the constriction, travels counter to the transport direction above the printed front side of the recording medium [step 302 in fig. 5; paragraphs 0041-0042 and 0054]; and exhausting aerosol from the printed front side of the recording medium in an extraction region that is arranged before the constriction, with respect to the transport direction [step 303 in fig. 5; paragraphs 0043 and 0055.] Regarding claim 14, Gerstner further discloses wherein the guiding unit is further configured to deflect the recording medium at the constriction, the method further comprising deflecting the recording medium so that a clearance of the front side of the recording medium from a mechanical barrier increases following the constriction [paragraph 0041; as seen in fig. 2.] Regarding claim 15, Gerstner further discloses the method further comprising: adjusting the guiding unit such that a clearance between a mechanical barrier and the guiding unit is variable in order to adapt the constriction to different thicknesses of recording medium [paragraphs 0040-0051.] 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. Claims 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gerstner in view of Otokita et al. (US 2021/0129542 – hereinafter Otokita.) Regarding claim 8, Gerstner discloses the claimed limitations as set forth above and further teaches wherein the extraction unit is designed to convey a gas mixture arranged in the extraction chamber out of the extraction chamber [as seen in fig. 2; paragraphs 0043, 0067.] Gerstner fails to expressly disclose wherein the extraction device has a filter unit arranged between the extraction chamber and the extraction unit. Otokita discloses a printer [100 in fig. 1] that includes an extraction device [110 in figs. 1 and 3] constituted by a filter unit [60/601 in fig. 3] arranged between an extraction chamber [50 in fig. 3] and an extraction unit [602 in fig. 3; paragraphs 0052-0054.] Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the extraction device in the Gerstner invention to include a filter unit arranged between the extraction chamber and the extraction unit as taught by Otokita for the purpose of preventing ink mist or particles from entering and damaging the mechanical components inside the extraction unit. Regarding claim 9, In the obvious combination, Otokita further discloses wherein the filter unit is aligned essentially orthogonal to a flow direction of the gas mixture [as seen in fig. 3; also note that “essentially” is broad and open to interpretation.] Regarding claim 10, In the obvious combination, Otokita further discloses wherein the filter unit has a plurality of filter layers [well-known and implicit from fig. 3.] Regarding claim 11, In the obvious combination, Gerstner / Otokita discloses the claimed limitations as set forth above but fails to expressly disclose wherein the plurality of layers comprise a coarse filter layer and a fine filter layer following in the flow direction. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to use a filter that filter unit that has a coarse filter layer and a fine filter layer following in the flow direction, since it has been held to be within the ordinary skill of a worker in the art to select a known material on the basis of its suitability for the intended use. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). One would have been motivated to use a coarse filter layer and a fine filter layer following in the flow direction for the purpose of first catching large debris or dust, thus preventing clogging and protecting components, extending the life of the filter. Regarding claim 12, In the obvious combination, Gerstner / Otokita discloses the claimed limitations as set forth above but fails to expressly disclose wherein - the filter unit is designed as a replaceable cartridge. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a filter unit that is designed as a replaceable cartridge, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523 129 USPQ 348, 349 (CCPA 1961). One would have been motivated to make the filter unit separable/replaceable for the purpose of having easy maintenance by offering a quick replacement or cleaning option of the filter unit. Communication with the USPTO Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANNELLE M LEBRON whose telephone number is (571)272-2729. The examiner can normally be reached Monday-Friday: 9:00am - 5:00pm. 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, Douglas X Rodriguez can be reached at (571) 431-0716. 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. /JANNELLE M LEBRON/Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Mar 14, 2025
Application Filed
Aug 03, 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
84%
Grant Probability
87%
With Interview (+3.2%)
2y 2m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1027 resolved cases by this examiner. Grant probability derived from career allowance rate.

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