Prosecution Insights
Last updated: October 02, 2026
Application No. 19/083,168

RECORDING APPARATUS, CONTROL METHOD OF RECORDING APPARATUS, AND MEDIUM

Non-Final OA §102§103§112
Filed
Mar 18, 2025
Priority
Mar 28, 2024 — JP 2024-054939
Examiner
SHENDEROV, ALEXANDER D
Art Unit
Tech Center
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
808 granted / 896 resolved
+30.2% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 7m
Avg Prosecution
22 currently pending
Career history
900
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 896 resolved cases

Office Action

§102 §103 §112
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 11/7/2016, the requirements 35 U.S.C. 119 (a)-(d) are met. Information Disclosure Statement The references cited on a Form PTO 1449 have been considered. Specification The specification has been checked to the extent necessary to determine the presence of all possible minor errors. However, the applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Specifically, Claim 2 recites, inter alia, “second control different from the first control so as to generate the first recorded item and the second recorded item” There is insufficient antecedent basis for this limitation in the claim, as “first recorded item” is only defined in Claim 1 for the first control rather than the second control. 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) 1-12 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayakawa (U.S. 2023/0191808 A1). Hayakawa discloses the following claimed limitations: Regarding independent Claim 1, a recording apparatus (11A, §§0114-0134 and Figs. 7-9) comprising: a recorder (22, §§0041, 0114-0134 and Figs. 7-9) configured to record an image on a recording medium; a cutter (110, §§0041, 0114 and Figs. 7-9) configured to cut the recording medium at a cutting position so as to divide the recording medium into a first medium and a second medium; a conveyor (31, §§0047-0060, 0114 and Figs. 7-9) configured to convey the recording medium toward the recorder along a first conveyance route (e.g. 30c, §§0045-0048, 0061-0062, 0114, 0117 and Figs. 7-9) a controller (58, §§0064, 0073, 0117-0129 and Fig. 4), wherein: the cutting position is located upstream of the recorder in the first conveyance route (Fig. 7); the controller is configured to execute first control so as to generate a first recorded item being the first medium on which a first image is recorded and a second recorded item being the second medium on which a second image is recorded; and the first control includes: a first recording process of causing the recorder to record the first image and the second image on a first objective recording medium being the recording medium which is single and which is an object of the first control (§0120, 0124-0134); a first conveying process of causing the conveyor to convey the first objective recording medium so that a cutting planned position of the first objective recording medium is located at the cutting position after the first recording process (§0121, 0133-0134); and a first cutting process of causing the cutter to cut the first objective recording medium after the first conveying process (§0121, 0133-0134). Regarding Claim 3, wherein: the recording medium has a first surface and a second surface opposite to the first surface (§0127; the conveyor is configured to perform: first conveyance of conveying the recording medium along the first conveyance route so that the first surface faces the recorder (§§0116-0123 and Figs. 8A-D); and second conveyance of conveying the recording medium from the first conveyance route to the first conveyance route via a second conveyance route so that a state that the first surface faces the recorder is changed to a state that the second surface faces the recorder, the second conveyance route branching from the first conveyance route at a branching point in the first conveyance route and joining the first conveyance route at a joining point which is located upstream of the branching point and the cutting position in the first conveyance route (§§0124-0134 and Figs. 9A-D); and in the first conveying process, the controller is configured to cause the conveyor to perform the second conveyance (§§0124-0134 and Figs. 9A-D). Regarding Claim 6, wherein the branching point is located upstream of the recorder in the first conveyance route (Figs. 7-9). Regarding Claim 7, wherein the branching point is located downstream of the cutting position in the first conveyance route (Figs. 7-9). Regarding Claim 8, wherein the branching point is located upstream of the cutting position in the first conveyance route (Figs. 7-9; please note that the medium passes the cutting position twice, both before and after passing the branching point, when double-sided printing is executed). Regarding Claim 9, wherein the branching point is located downstream of the recorder in the first conveyance route (Figs. 7-9; please note that the medium passes the cutting position twice, both before and after passing the branching point, when double-sided printing is executed). Regarding Claim 10, wherein the first conveying process includes causing the conveyor to convey the first objective recording medium along the first conveyance route from downstream toward upstream of the first conveyance route until the cutting planned position of the first objective recording medium is located at the cutting position (§0134). Regarding Claim 12, wherein the recording medium has a first surface and a second surface opposite to the first surface (Figs. 7-9). Regarding independent Claim 15, a control method of a recording apparatus (11A, §§0114-0134 and Figs. 7-9), the recording apparatus including: a recorder (22, §§0041, 0114-0134 and Figs. 7-9) configured to record an image on a recording medium; a cutter (110, §§0041, 0114 and Figs. 7-9) configured to cut the recording medium at a cutting position so as to divide the recording medium into a first medium and a second medium; and a conveyor (31, §§0047-0060, 0114 and Figs. 7-9) configured to convey the recording medium toward the recorder along a first conveyance route (e.g. 30c, §§0045-0048, 0061-0062, 0114, 0117 and Figs. 7-9), wherein the cutting position is located upstream of the recorder in the first conveyance route (Fig. 7), the control method comprising executing first control so as to generate a first recorded item being the first medium on which a first image is recorded and a second recorded item being the second medium on which a second image is recorded, wherein the first control includes: a first recording process of causing the recorder to record the first image and the second image on a first objective recording medium being the recording medium which is single and which is an object of the first control (§0120, 0124-0134); a first conveying process of causing the conveyor to convey the first objective recording medium so that a cutting planned position of the first objective recording medium is located at the cutting position after the first recording process (§0121, 0133-0134);; and a first cutting process of causing the cutter to cut the first objective recording medium after the first conveying process (§0121, 0133-0134). Regarding independent Claim 16, a non-transitory and computer-readable medium (582, §§0073, 0114 and Fig. 4) storing a program executable by a controller (58, §§0064, 0073, 0117-0129 and Fig. 4) of a recording apparatus (11A, §§0114-0134 and Figs. 7-9), the recording apparatus including: a recorder (22, §§0041, 0114-0134 and Figs. 7-9) configured to record an image on a recording medium; a cutter (110, §§0041, 0114 and Figs. 7-9) configured to cut the recording medium at a cutting position so as to divide the recording medium into a first medium and a second medium; a conveyor (31, §§0047-0060, 0114 and Figs. 7-9) configured to convey the recording medium toward the recorder along a first conveyance route (e.g. 30c, §§0045-0048, 0061-0062, 0114, 0117 and Figs. 7-9); and the controller, wherein the cutting position is located upstream of the recorder in the first conveyance route (Fig. 7), the program is configured to cause the controller to execute first control so as to generate a first recorded item being the first medium on which a first image is recorded and a second recorded item being the second medium on which a second image is recorded (§0120-0134), wherein the first control includes: a first recording process of causing the recorder to record the first image and the second image on a first objective recording medium being the recording medium which is single and which is an object of the first control (§0120, 0124-0134); a first conveying process of causing the conveyor to convey the first objective recording medium so that a cutting planned position of the first objective recording medium is located at the cutting position after the first recording process (§0121, 0133-0134); and a first cutting process of causing the cutter to cut the first objective recording medium after the first conveying process (§0121, 0133-0134). Hayakawa does not disclose the following claimed limitations: Regarding Claim 2, wherein: the controller is configured to: determine which one of a first mode and a second mode has been selected, the second mode having a recording speed lower than a recording speed of the first mode; and in a case where the controller determines that the first mode has been selected, the controller is configured to execute second control different from the first control so as to generate the first recorded item and the second recorded item; and the second control includes: a second recording process of causing the recorder to record at least a part of the first image on a second objective recording medium being the recording medium which is single and which is an object of the second control; a second conveying process of causing the conveyor to convey the second objective recording medium so that the cutting planned position of the second objective recording medium is located at the cutting position after the second recording process; a second cutting process of causing the cutter to cut the second objective recording medium after the second conveying process; and a third recording process of causing the recorder to record the second image on the second medium obtained by cutting the second objective recording medium, after the second cutting process. However, these limitations amount to a manner of operating the device. The manner of operating the device does not differentiate an apparatus claim from the prior art. Please see MPEP §2141 II. Regarding Claim 4, wherein: the controller is configured to execute second control different from the first control so as to generate a third recorded item being the first medium on which a third image is recorded and the second medium on which no image is recorded; the second control includes:a second recording process of causing the recorder to record the third image on a second objective recording medium being the recording medium which is single and which is an object of the second control;a second conveying process of causing the conveyor to convey the second objective recording medium so that the cutting planned position of the second objective recording medium is located at the cutting position after the second recording process; anda second cutting process of causing the cutter to cut the second objective 2 recording medium after the second conveying process; and in the second conveying process, the controller is configured to cause the conveyor to perform the second conveyance. However, these limitations amount to a manner of operating the device. The manner of operating the device does not differentiate an apparatus claim from the prior art. Please see MPEP §2141 II. Regarding Claim 5, wherein: the controller is configured to execute second control different from the first control so as to generate a third recorded item being the first medium which has an image A recorded on the first surface and an image B recorded on the second surface, and a fourth recorded item being the second medium which has an image C recorded on the first surface and an image D recorded on the second surface; the second control includes: a first surface-recording process of causing the recorder to record the image A and the image C on the first surface of a second objective recording medium being the recording medium which is single and which is an object of the second control; a second surface-recording process of causing the conveyor to perform the second conveyance after the first surface-recording process, and of causing the recorder to record the image B and the image D on the second surface of the second objective recording medium; a second conveying process of causing the conveyor to convey the second objective recording medium so that the cutting planned position of the second objective recording medium is located at the cutting position after the second surface-recording process; and a second cutting process of causing the cutter to cut the second objective recording medium after the second conveying process; and in the second conveying process, the controller is configured to cause the conveyor to perform the second conveyance. However, these limitations amount to a manner of operating the device. The manner of operating the device does not differentiate an apparatus claim from the prior art. Please see MPEP §2141 II. Regarding Claim 11, wherein: the controller is configured to execute second control different from the first control so as to generate a third recorded item being the first medium on which a third image is recorded and the second medium on which no image is recorded; the second control includes: a second recording process of causing the recorder to record the third image on a second objective recording medium being the recording medium which is single and which is an object of the second control; a second conveying process of causing the conveyor to convey the second objective recording medium so that the cutting planned position of the second objective recording medium is located at the cutting position after the second recording process; and a second cutting process of causing the cutter to cut the second objective recording medium after the second conveying process; and the second conveying process includes causing the conveyor to convey the second objective recording medium along the first conveyance route from downstream toward upstream of the first conveyance route until the cutting planned position of the second objective recording medium is located at the cutting position. However, these limitations amount to a manner of operating the device. The manner of operating the device does not differentiate an apparatus claim from the prior art. Please see MPEP §2141 II. Regarding Claim 12, the conveyor is configured to perform: first conveyance of conveying the recording medium along the first conveyance route so that the first surface faces the recorder; and second conveyance of conveying the recording medium from the first conveyance route to the first conveyance route via a second conveyance route so that a state that the first surface faces the recorder is changed to a state that the second surface faces the recorder, the second conveyance route branching from the first conveyance route at a branching 4 point in the first conveyance route and joining the first conveyance route at a joining point which is located upstream of the branching point and the cutting position in the first conveyance route; the controller is configured to execute second control different from the first control so as to generate a third recorded item being the first medium which has an image A recorded on the first surface and an image B recorded on the second surface, and a fourth recorded item being the second medium which has an image C recorded on the first surface and an image D recorded on the second surface; the second control includes: a first surface-recording process of causing the recorder to record the image A and the image C on the first surface of a second objective recording medium being the recording medium which is single and which is an object of the second control; a second surface-recording process of causing the conveyor to perform the second conveyance after the first surface-recording process, and of causing the recorder to record the image B and the image D on the second surface of the second objective recording medium; a second conveying process of causing the conveyor to convey the second objective recording medium so that the cutting planned position of the second objective recording medium is located at the cutting position after the second surface-recording process; and a second cutting process of causing the cutter to cut the second objective recording medium after the second conveying process; and the second conveying process includes causing the conveyor to convey the second objective recording medium along the first conveyance route from downstream toward upstream of the first conveyance route until the cutting planned position of the second objective recording medium is located at the cutting position. However, these limitations amount to a manner of operating the device. The manner of operating the device does not differentiate an apparatus claim from the prior art. Please see MPEP §2141 II. 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. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayakawa (U.S. 2023/0191808 A1). Hayakawa discloses the following claimed limitations: Regarding Claim 14, all limitations of Claim 1 (from which this Claim depends). Hayakawa does not disclose the following claimed limitations: Regarding Claim 14, wherein a distance from the recorder to the cutting position in the first conveyance route is 182 mm or less. However, Figs. 8-9 of Hayakawa strongly suggest a distance from the recorder to the cutting position in the first conveyance route being far less than the size of the medium M. Furthermore, Hayakawa discloses cutter positioning as one of the ways to advantageously reduce the size of the printing apparatus. Medium M is, in turn, known to typically not exceed the A4 size, with the maximum dimension of 297 mm. Please see MPEP §2144.05 I for obviousness of overlapping ranges. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayakawa (U.S. 2023/0191808 A1) as applied to Claim 1 above in view of Miura (U.S. 2021/0178785 A1). Hayakawa discloses the following claimed limitations: Regarding Claim 13, all limitations of Claim 1 (from which this Claim depends). Hayakawa does not disclose the following claimed limitations: Regarding Claim 13, a container which is configured to accommodate a plurality of the recording medium having mutually different lengths along the first conveyance route, wherein a distance from the recorder to the cutting position in the first conveyance route is smaller than a half of a length of a recording medium having the length which is greatest among the plurality of the recording medium. Miura discloses the following claimed limitations: Regarding Claim 13, a container which is configured to accommodate a plurality of the recording medium having mutually different lengths along the first conveyance route (§0129). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to apply the container of Miura to the recording apparatus of Hayakawa to enable printing on various available media. Miura does not disclose the following claimed limitations: Regarding Claim 13, wherein a distance from the recorder to the cutting position in the first conveyance route is smaller than a half of a length of a recording medium having the length which is greatest among the plurality of the recording medium. However, Figs. 8-9 of Hayakawa strongly suggest a distance from the recorder to the cutting position in the first conveyance route being far less than the size of the medium M. Furthermore, Hayakawa discloses cutter positioning as one of the ways to advantageously reduce the size of the printing apparatus. Please see MPEP §2144.05 I for obviousness of overlapping ranges. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER D SHENDEROV whose telephone number is (571)270-7049. The examiner can normally be reached M-F 9-5. 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 Rodrigues 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. /ALEXANDER D SHENDEROV/ Examiner, Art Unit 2853 /JASON S UHLENHAKE/ Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Mar 18, 2025
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §102, §103, §112 (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
90%
Grant Probability
96%
With Interview (+6.2%)
1y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 896 resolved cases by this examiner. Grant probability derived from career allowance rate.

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