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 4/28/25, 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) 1-11 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 (§§0120-0121, 0133-0134); and
the first control includes:
a first conveying process of causing the conveyor to convey a first objective recording medium to a recording start position, the first objective recording medium being the recording medium which is single and which is an object of the first control (§§0121, 0133-0134);
a first recording process of causing the recorder to record at least a part of the first image on the first objective recording medium after the first conveying process (§§0120, 0124-0134);
a first cutting process of causing the cutter to cut the first objective recording medium after the second conveying process (§§0121, 0133-0134);
a second 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 (§0122).
Hayakawa does not disclose the following claimed limitations:
Regarding independent Claim 1, a second recording process of causing the recorder to record the second image on the second medium obtained by cutting the first objective recording medium, after the first 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 2, wherein: the controller is configured to cause the recorder to record only the part of the first image on the first objective recording medium in the first recording process; and the first control further includes a third recording process of causing the recorder to record a remaining part of the first image on the first medium obtained by cutting the first objective recording medium, after the first cutting process and before the second recording 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 3, wherein: the first recording process includes: a first process of causing the recorder to record a portion of the part of the first image on the first objective recording medium which stands still in the conveyance route; a second process of causing the conveyor to convey the first objective recording medium by a first distance after the first process; and a third process of causing the recorder to record another portion of the part of the first image on the first objective recording medium which stands still after having caused the conveyor to convey the first objective recording medium by the first distance in the second process; and a second distance, by which the first objective recording medium is conveyed in the second conveying process, is smaller than the first distance.
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 first control further includes a third conveying process of causing the conveyor to convey the first medium obtained by cutting the first objective recording medium by a third distance after the first cutting process and before the third recording process; and the third distance is smaller than the first distance.
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 in the third recording process, the controller is configured to cause the recorder to start recording of the remaining part of the first image in a state that the first medium obtained by cutting the first objective recording medium stands still at a position at which the first medium obtained by cutting the first objective recording medium is located during the first 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 6, wherein in the second conveying process, the controller is configured to cause the conveyor to convey the first objective recording medium from downstream toward upstream of the conveyance route.
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 7, wherein: the first recording process includes: a first process of causing the recorder to record a portion of the part of the first image on the first objective recording medium which stands still in the conveyance route; a second process of causing the conveyor to convey the first objective recording medium by a first distance after the first process; and a third process of causing the recorder to record another portion of the part of the first image on the first objective recording medium which stands still after having caused the 2 conveyor to convey the first objective recording medium by the first distance in the second process; and a second distance by which the first objective recording medium is conveyed in the second conveying process is smaller than the first distance.
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 8, wherein: the controller is configured to cause the recorder to record only the part of the first image on the first objective recording medium in the first recording process; andthe first control further includes a third recording process of causing the recorder to record a remaining part of the first image on a part of the first objective recording medium corresponding to the first medium, after the second conveying process and before the first 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 9, wherein: the first recording process includes: a first process of causing the recorder to record a portion of the part of the first image on the first objective recording medium which stands still in the conveyance route; a second process of causing the conveyor to convey the first objective recording medium by a first distance after the first process; and a third process of causing the recorder to record another portion of the part of the first image on the first objective recording medium which stands still after having caused the conveyor to convey the first objective recording medium by the first distance in the second process; and a second distance, by which the first objective recording medium is conveyed in the second conveying process, is smaller than the first distance.
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 10, wherein the controller is configured to cause the recorder to record entirety of the first image on the first objective recording medium in first recording 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 11, wherein: the controller is configured to execute second control, which is different from the first control, so as to generate the first medium on which no image is recorded and a third recorded item being the second medium on which a third image is recorded; and the second control includes: a third conveying process of causing the conveyor to convey a second objective recording medium so that the cutting planned position of the second objective recording medium3 is located at the cutting position, the second objective recording medium being the recording medium which is single and which is an object of the second control; a second cutting process of causing the cutter to cut the second objective recording medium after the third conveying process; and a third recording process of causing the recorder to record the third 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.
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) 13-15 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 13, all limitations of Claim 1 (from which this Claim depends).
Regarding independent Claim 14, 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 (§§0121, 0133-0134),
wherein the first control includes:
a first conveying process of causing the conveyor to convey a first objective recording medium to a recording start position, the first objective recording medium being the recording medium which is single and which is an object of the first control (§§0121, 0133-0134);
a first recording process of causing the recorder to record at least a part of the first image on the first objective recording medium after the first conveying process (§§0120, 0124-0134);
a second 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 4 located at the cutting position after the first recording process (§§0119-0122, 0124-0134);
a first cutting process of causing the cutter to cut the first objective recording medium after the second conveying process (§§0121, 0133-0134).
Regarding independent Claim 15, 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 conveying process of causing the conveyor to convey a first objective recording medium to a recording start position, the 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 recording process of causing the recorder to record at least a part of the first image on the first objective recording medium after the first conveying process (§0121, 0133-0134);
a second 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 (§§0119-0122, 0124-0134);
a first cutting process of causing the cutter to cut the first objective recording medium after the second conveying process (§0121, 0133-0134).
Hayakawa 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 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.
Regarding independent Claim 14, a second recording process of causing the recorder to record the second image on the second medium obtained by cutting the first objective recording medium, after the first cutting process. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to continue using the method to continue recording on the remaining medium to maximize the utility of the apparatus and the medium. Please note that continuing using the method to continue recording on the remaining medium would result in meeting this limitation.
Regarding independent Claim 15, a second recording process of causing the recorder to record the second image on the second medium obtained by cutting the first objective recording medium, after the first cutting process. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to continue using the medium to continue recording on the remaining medium to maximize the utility of the apparatus and the medium. Please note that continuing using the medium to continue recording on the remaining medium would result in meeting this limitation.
Claim(s) 12 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 12, all limitations of Claim 1 (from which this Claim depends).
Hayakawa does not disclose the following claimed limitations:
Regarding Claim 12, 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 12, 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 12, 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.
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/ALEXANDER D SHENDEROV/ Examiner, Art Unit 2853
/JASON S UHLENHAKE/ Primary Examiner, Art Unit 2853
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