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 .
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, 5, 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seccombe et al (U.S. Pat. 6,331,053)
Regarding claim 1, an ink container (101) configured to be attachable to and detachable from an apparatus main body of a liquid ejection apparatus (Figure 1; Column 7, Lines 51-60; container will be installed into the printing system), comprising:
A channel (117, via element 113) configured to allow ink to flow in and out (Figure 1; Column 3, Lines 16-25; Column 4; Lines 1-5; Column 7, Lines 62 – Column 8, Line 20)
An ink containing portion (121) formed of an elastic member and configured to contain the ink inside via the channel (Figures 1-2; Column 3, Lines 15-25)
A surface area in a state in which the ink containing portion contains the ink is at least twice as great as a surface area in a state in which the ink containing portion does not contain the ink (Figures 2-6; as the ink is depleted the size/surface area of the ink containing portion is decreased)
Examiner notes the surface area is not clearly defined, for example it may be the surface area of the ink container, ink containing portion, or the ink within the ink containing portion. Currently the Examiner has viewed the surface area to be referring to the ink containing portion (121) of Seccombe. Examiner suggests clarifying the claim language to be the surface area of the ink containing portion.
Regarding claim 5, a shape of the ink containing portion in a planar view in a state of containing the ink is a rectangular shape or a circular shape (Figures 1-6)
Regarding claim 9, the channel is arranged in a spout (113) protruding from the ink containing portion, and the spout is provided with a positioning unit to fix the ink container to the liquid ejection apparatus (Figures 1-6; Column 3, Lines 16-25; Column 4; Lines 1-5; Column 7, Lines 62 – Column 8, Line 20)
Claim Rejections - 35 USC § 103
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 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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seccombe et al (U.S. Pat. 6,331,053) in view of Okamoto (U.S. Pub. 2005/0285886)
Regarding claim 2, Okamoto discloses the ink containing portion is a flexible material (rubber material) with a smaller degree of elasticity than that of a plastic material (Paragraphs 0056, 0070)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Okamoto into the device of Seccombe, for the purpose of allowing deformation of the ink bag
Regarding claim 3, Okamoto discloses it is known to use a rubber material to form elastic ink bags (Paragraphs 0056, 0070)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Okamoto into the device of Seccombe, for the purpose of allowing deformation of the ink bag
Claim(s) 6-8, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seccombe et al (U.S. Pat. 6,331,053) in view of Ishizawa et al (U.S. Pub. 2005/0062811)
Regarding claim 6, Ishizawa discloses the channel (32c) is arranged in a center of one side of the ink containing portion (Figure 4; Paragraph 0071)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Ishizawa into the device of Seccombe, for the purpose of providing a liquid container capable of maintaining airtightness while reducing the number of components and improving reliability (Paragraph 0008)
Regarding claim 7, the ink containing portion is formed of a plurality of materials (flexible ink bag 32a; ink lead out member 32b formed from polypropylene) having different degrees of elasticity (Paragraphs 0012, 0069-0070)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Ishizawa into the device of Seccombe, for the purpose of providing a liquid container capable of maintaining airtightness while reducing the number of components and improving reliability (Paragraph 0008)
Regarding claim 8, a plurality of materials of the ink containing portion having a higher degree of elasticity on a side distal (flexible ink bag 32a) to the channel than a degree of elasticity on a proximal side (ink lead out member 32b formed from polypropylene) (Paragraphs 0012, 0069-0070)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Ishizawa into the device of Seccombe, for the purpose of providing a liquid container capable of maintaining airtightness while reducing the number of components and improving reliability (Paragraph 0008)
Regarding claim 10, the liquid ejection apparatus is provided with a tray on which the ink container is placed and a frame to fix the ink container to the tray (ink cartridge 23 is placed in the cartridge holder 12a; Paragraphs 0059, 0071; Figure 1)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Ishizawa into the device of Seccombe, for the purpose of providing a liquid container capable of maintaining airtightness while reducing the number of components and improving reliability (Paragraph 0008)
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seccombe et al (U.S. Pat. 6,331,053) in view of Sano et al (U.S. Pub. 2019/0016113)
Regarding claim 4, Sano discloses it is known to use an elastic layer with a thickness within a range of 0.1mm or greater and 0.3 mm or smaller (Paragraph 0048)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of a range of an elastic layer as taught by Sano into the device of Seccombe, for the purpose of allowing the function of the elastic layer to be effectively exerted (Paragraph 0048)
Further, Seccombe discloses the claimed invention except for a film thickness of the elastic member is within a range of 0.1 mm or greater and 0.3 mm or smaller. It would have been obvious to one having ordinary skill in the art at the time the invention was made to forming a film thickness of the elastic member is within a range of 0.1 mm or greater and 0.3 mm or smaller, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of forming a film thickness of the elastic member is within a range of 0.1 mm or greater and 0.3 mm or smaller into the device of Seccombe, for the purpose of allowing the function of the elastic layer to be effectively exerted
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S UHLENHAKE whose telephone number is (571)272-5916. The examiner can normally be reached Monday-Friday, 8:00 am - 5:00 pm.
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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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/JASON S UHLENHAKE/Primary Examiner, Art Unit 2853 September 22, 2026
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