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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/14/2025 is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,296,603 (hereafter U.S. Patent ’603). 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 of the patent as discussed below.
Regarding claim 1, claim 1 of U.S. Patent ‘603 teaches a printing cassette comprising (claim 1 line 42):
a case including a first case portion, a second case portion, and a third case portion (claim 1 lines 43-44);
a first tape (claim 1 line 45); and
a gear, a portion of which is accommodated in the second case portion and the other portion of which is exposed from the case (claim 1 line 47), wherein:
the first case portion, the second case portion, and the third case portion are disposed in an order of the first case portion, the second case portion, and the third case portion in a first direction (claim 1 lines 48-51).
Regarding claim 2, claim 2 of U.S. Patent ‘603 teaches wherein: the first case portion includes (claim 2 lines 52-53):
a protruding portion having a first surface defining a head opening (claim 2 lines 54-55); and
a facing portion defining the head opening, the facing portion having a second surface facing the first surface in a second direction orthogonal to the first direction (claim 2 lines 56-59), and
the second case portion has a third surface, the third surface being disposed at an end of the head opening in the first direction and connecting between the protruding portion and the facing portion (claim 2 lines 60-63).
Regarding claim 3, claim 3 of U.S. Patent ‘603 teaches wherein a volume of an internal space of the third case portion is greater than a volume of an internal space of the first case portion (claim 3).
Regarding claim 4, claim 4 of U.S. Patent ‘603 teaches wherein a total weight of the third case portion and components accommodated in the third case portion is greater than a total weight of the first case portion and components accommodated in the first case portion (claim 4).
Regarding claim 5, claim 5 of U.S. Patent ‘603 teaches wherein: the first case portion and the second case portion are separated by a first separation wall, and the second case portion and the third case portion are separated by a second separation wall (claim 5).
Regarding claim 6, claim 6 of U.S. Patent ‘603 teaches further comprising:
a first cover portion (claim 6 line 13);
a first frame portion connected to the first cover portion in the first direction (claim 6 lines 14-15);
a second frame portion connected to the first frame portion in the first direction (claim 6 lines 16-17); and
a second cover portion connected to the second frame portion in the first direction (claim 6 lines 18-19), wherein:
the first case portion includes the first cover portion and a first portion of the first frame portion in the first direction (claim 6 lines 20-22),
the second case portion includes a second portion of the first frame portion and a third portion of the second frame portion in the first direction, the second portion being a side opposite to the third direction in the first direction (claim 6 lines 23-28), and
the third case portion includes a fourth portion of the second frame portion and the second cover portion, the fourth portion being a side opposite to the third portion in the first direction (claim 6 lines 29-32).
Regarding claim 7, claim 7 of U.S. Patent ‘603 teaches wherein a dimension of the second frame portion in the first direction is greater than a dimension of the first frame portion in the first direction (claim 7).
Regarding claim 8, claim 8 of U.S. Patent ‘603 teaches wherein the gear is disposed between claws connecting between the first frame portion and the second frame portion (claim 8).
Regarding claim 9, claim 9 of U.S. Patent ‘603 teaches wherein a dimension of the first case portion in the first direction and a dimension of the third case portion in the first direction are greater than a dimension of the second case portion in the first direction (claim 9).
Regarding claim 10, claim 10 of U.S. Patent ‘603 teaches wherein the dimension of the first case portion in the first direction is equal to or greater than the dimension of the third case portion in the first direction (claim 10).
Regarding claim 11, claim 13 of U.S. Patent ‘603 teaches further comprising: a first roll of the first tape accommodated in the third case portion (claim 13 lines 3,6).
Regarding claim 12, claim 14 of U.S. Patent ‘603 teaches wherein: the first case portion has an outlet, and the first tape drawn from the roll is discharged from the outlet (claim 14 lines 11-12).
Regarding claim 13, claim 16 of U.S. Patent ‘603 teaches further comprising: a second roll of an ink ribbon accommodated in the first case (claim 16 lines 23-25).
Regarding claim 14, claim 12 of U.S. Patent ‘603 teaches further comprising a restricting portion that restricts movement of the first tape in a width direction of the first tape, wherein the restricting portion is disposed between ends of the outlet in the width direction of the first tape (claim 12).
Regarding claim 15, claim 15 of U.S. Patent ‘603 teaches wherein the second case portion includes a partition wall that separates a space in which the gear is disposed and a space through which the first tape travels (claim 15).
Regarding claim 16, claim 16 of U.S. Patent ‘603 teaches further comprising the ink ribbon, wherein: the ink ribbon is to be laid over the first tape discharged from the outlet for opening (claim 16 lines 23,28-29).
Regarding claim 17, claim 17 of U.S. Patent ‘603 teaches a printer comprising: the printing cassette according to claim 1; and a printer body on which the printing cassette is to be mounted, wherein the printer body includes a driving force transmission portion to be engaged with the gear (claim 17).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Douglas 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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/HENOK D LEGESSE/Primary Examiner, Art Unit 2853
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