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 26 February 2025 has been considered by the examiner.
Claim Objections
Claim 8 is objected to because of the following informalities: in line 2, “an stepping” should be replaced by -- a stepping --. Appropriate correction is required.
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.
Claims 6, 7, 9, and 11-13 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.
Claims 6 and 7 recite the limitation "said T-shirt carriers" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation “both radial printing motion and axial stepping motion” in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim. Please note that claim 8 recites “an (sic) stepping axis for changing the radial distance” but claim 9 depends on claim 1, and that claim 1 recites “axial printing motion” instead of “axial stepping motion”.
Claim 11 recites “an orthogonal array of print heads” but has no point of reference, making the claim indefinite since it is not clear to which axis the array of printheads is orthogonal to.
Claims 12 and 13 recite that the print stations perform a movement in the radial direction, contradicting claim 1 which recites “a plurality of printing and treatment stations arranged on a fixed radius”. It is unclear whether the print stations are fixed or movable, rendering the scope of the claims undiscernible. Also note that, taking into consideration Fig. 3 and paragraph 0020 of the PG-Pub, it seems that Claims 11-13 are drawn to an embodiment different from the one recited in claim 1 (corresponding to Fig. 1.)
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 10-11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Zach (US 2009/0097044.)
Regarding claim 1,
Zach discloses a printing apparatus for direct to garment (DTG) inkjet printing, comprising:
a plurality of printing and treatment stations [21-28 in fig. 2A] arranged on a fixed radius about a central column [paragraphs 0031-0032; as seen in fig. 2A], wherein said central column defines a central printer axis [as seen in fig. 2A];
a plurality of garment carriers [14 in figs. 2A-2D], each garment carrier adapted to support a respective garment [15 in fig. 2A], wherein each of said garment carriers keeps a respective garment flat and straight relative to a printer direction [paragraph 0030]; and
a rotary actuator [“rotating mechanism”; not shown but mentioned in the first sentence of paragraph 0030] for effecting axial printing motion by rotating said garment carriers and said respective garments around said central printer axis and under each said printing and treatment stations [paragraph 0030.]
Regarding claim 2,
Zach further discloses said plurality of printing and treatment stations comprising a plurality of inkjet print heads [stations 24 and 25 each have a corresponding printhead assembly 38; paragraphs 0031-0032] arranged radially along a predetermined printing angle [as seen in fig. 2A.]
Regarding claim 3,
Zach further discloses said plurality of printing and treatment stations comprising a plurality of sprinklers [22 in fig. 2A] for pretreating the garment along a pretreatment angle [paragraph 0031 recites “the process of selective painting at station 22 may be done by conventional means, such as airbrushing”.]
Regarding claim 4,
Zach further discloses said plurality of printing and treatment stations comprising an auxiliary station [stations 23 and 26] housing a drying apparatus displaced along a predetermined angle [paragraph 0031.]
Regarding claim 5,
Zach further discloses wherein each station is swiped by the carriers one or more times, either to increase a quantity of treatment agent and ink deposition or to create a multi pass print [please note that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.]
Regarding claim 6,
Zach further discloses wherein said T-shirt carriers are on a same plane [as seen in figs. 2A-2D.]
Regarding claim 10,
Zach further discloses the printing apparatus further comprising:
at least two separate printing stations [24 and 25 in fig. 2A; paragraph 0031] displaced on different angles [as seen in fig. 2A.]
Regarding claim 11,
Zach further discloses the printing apparatus further comprising:
an orthogonal array of print heads [it is not clear to which axis the array of printheads is orthogonal to; see 112 Rejection above.]
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 7-9 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Zach in view of Fuqua (US 2016/0200090.)
Regarding claim 7,
Zach discloses the claimed limitations as set forth above but fails to expressly disclose wherein said T-shirt carriers are placed in different planes.
However, in the same field of invention, Fuqua discloses a printing apparatus for direct to garment printing, comprising: a plurality of printing/processing stations [104 in figs. 1-3] arranged about a central column [as seen in fig. 1-3]; a plurality of garment carriers [platens 102 in figs. 1-3], each garment carrier adapted to support a respective garment [paragraph 0067], and a rotary actuator for effecting axial printing motion by rotating said garment carriers and said respective garments around said central printer axis [paragraph 0068], wherein said garment carriers are placed in different planes [paragraph 0068 recites “the platens 102 are raised when indexed to the station 104”.]
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 Zach invention to include garment carriers that are placed in different planes as taught by Fuqua for the purpose of having carriers that are vertically adjustable to aid in various processes (e.g., a pretreatment or drying processes) where the garment may need to be moved/spaced apart in order to dry or cool down.
Regarding claim 8,
In the obvious combination, Fuqua further discloses the printing apparatus further comprising:
an stepping axis for changing the radial distance of the garment carriers between one pass and the next to create a multi pass print [paragraph 0085 recites “When an additional layer is screen printed onto the garment, the platen 102 can be re-extended in the manner as described above and the flash head 1202 of the flash unit 902 can reflash the garment so as to gel this additional layer of ink.”]
Regarding claim 9,
In the obvious combination, Fuqua further discloses wherein both radial printing motion and axial stepping motion are effected by said garment carriers [paragraph 0068; as seen in figs. 1-5.]
Regarding claim 12,
In the obvious combination, Fuqua further discloses wherein a stepping motion is effected by said print stations via respective radial axes [paragraphs 0067-0068 and 0085-0086.]
Regarding claim 13,
In the obvious combination, Fuqua further discloses the printing apparatus further comprising:
one of more rails on which radial movement of each print station is effected to move each array of print heads radially [as seen in figs. 1-5; paragraphs 0068 and 0086.]
Regarding claim 14,
In the obvious combination, Fuqua further discloses wherein independent motion of the plurality garment carriers effects simultaneous printing on a corresponding plurality of garments [as applied to Zach; when two carriers are positioned at the printing station, each will move in a way that facilitates its intended function; please note that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.]
Regarding claim 15,
In the obvious combination, Fuqua further discloses wherein said central column further comprising multiple auxiliary axes for creating stepping motion for multi pass printing [paragraphs 0068 and 0085-0086 teach vertical motion and radial/stepping motion; as seen in figs. 1-5.]
Regarding claim 16,
In the obvious combination, Fuqua further discloses wherein at least one of said multiple auxiliary axes move one or more of said garment carriers vertically [paragraphs 0068 and 0086.]
Allowable Subject Matter
Claims 17 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 17,
The primary reason for allowance for this claim is the inclusion of the limitations of claims 1 and 15-16, further reciting the printing apparatus further comprising:
a plurality of offset garment carriers positioned on different planes relative to each other;
wherein said vertical movement of said carriers positions each of said carriers for respective printing on a single plane.
It is these limitations, in combination as claimed, that have not been taught, found, or suggested by prior art.
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.
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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.
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/JANNELLE M LEBRON/Primary Examiner, Art Unit 2853
