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 statements (IDS) submitted on 03 July 2025, 19 September 2025, and 08 October 2025 have been considered by the examiner.
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 5 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.
Claim 5 recites the limitation “the ink” in line 1. There is insufficient antecedent basis for this limitation in the claim. Please note that independent claim 1 recites “an ink container for supplying ink” and “an ink container body configured to hold the ink”, which are included as intended use / functional language for the container and its body. Claim 1 does not positively recite “ink” as part of the claimed invention, only the container.
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 1-4 and 6-7 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Odajima et al. (JP 2001303500 – hereinafter Odajima.)
Regarding claim 1,
Odajima discloses an ink container [1 in fig. 1] for supplying ink to a receptacle of an ink ejector, the ink container comprising:
an ink container body [1a in fig. 1] configured to hold the ink [paragraph 0007]; and
a spout [1c in fig. 1] having an outlet through which the ink held inside the ink container body is dispensed to outside [paragraph 0007], wherein
the ink container body is formed of a paper material internal of which is covered by a material that is impermeable to ink [paragraph 0011],
when a horizontal direction is a direction extending along a bottom surface [1b in fig. 1] of the ink container body, a vertical direction is a direction perpendicular to the bottom surface; a top surface is a surface on an opposite side of the bottom surface of the ink container body in the vertical direction [as seen in fig. 1];
S1 denotes a horizontal cross-sectional area of the bottom surface [1b in fig.1];
S2 denotes a horizontal cross-sectional area of the top surface [area under neck portion 1c in fig. 1];
S3 denotes a horizontal cross-sectional area at a midpoint between the bottom surface and the top surface in the vertical direction [as seen in fig. 1; reproduced below for clarity];
D1 denotes a horizontal cross-sectional area at a position between the bottom surface and the midpoint in the vertical direction [as seen in fig. 1; reproduced below for clarity]; and
D2 denotes a horizontal cross-sectional area at a position between the midpoint and the top surface in the vertical direction [as seen in fig. 1; reproduced below for clarity],
the ink container satisfies following Relational Expressions (1) to (4):
0.25 ≤ S3/S1 ≤ 1.00 (1) [since S1 = S3];
0.04 ≤ S2/S3 < 1.00 (2) [since the diameter of S2 is less than that of S3];
S1 ≥ D1 ≥ S3 (3) [since S1, D1, and S3 have the same diameter]; and
S3 > D2 > S2 (4) [D2 can be taken at any point between S2 and S3, including a location close to S2, where the portion under neck portion 1c is concave-shaped; meeting the limitation as written; please also see figure below, which is a reproduction of figure 1, and has been included for clarity.]
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Regarding claim 2,
Odajima further discloses wherein the material impermeable to ink is at least one selected from the group consisting of a plastic film and a coating layer [paragraph 0045.]
Regarding claim 3,
Odajima further discloses wherein the paper material is mainly a pulp fiber [paragraph 0043.]
Regarding claim 4,
Odajima further discloses wherein the ink container satisfies a relationship S2 > S4 where S4 is a horizontal cross-sectional area of the spout on a side facing the ink container body [as seen in fig. 1.]
Regarding claim 6,
Odajima further discloses wherein a side surface of the ink container has a part where an angle formed by the vertical direction and the side surface changes [see fig. 1.]
Regarding claim 7,
Odajima further discloses wherein a side surface of the ink container delineates a curved line connecting from the bottom surface to the top surface [as seen in fig. 1.]
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 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Odajima.
Regarding claim 5,
Odajima discloses the claimed limitations as set forth above but fails to expressly disclose wherein the ink has a viscosity of 1 to 10 [mPa·s], and the ink has a surface tension of 20 to 45 [mN/m].
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have ink with a viscosity of 1 to 10 [mPa·s] and a surface tension of 20 to 45 [mN/m], 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, 220 F.2d 454, 456, 105 USPQ 233, 235. One would have been motivated to optimize the viscosity and surface tension of the ink that is supplied to an ink ejector in order to have reliable droplet formation and jetting stability.
Regarding claim 8,
Odajima discloses the claimed limitations as set forth above but fails to expressly disclose wherein, in a view of the ink container from a side of the outlet in the vertical direction, the spout has a center at a position offset from a center of the ink container.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to have a spout that has its center at a position offset from a center of the ink container, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Further, one would have been motivated to have the spout be offset from a center of the ink container for the purpose of better positioning the spout to prevent ink splattering.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Atsuta et al. (US 2021/0283917 – hereinafter Atsuta) in view of Odajima.
Regarding claim 9,
Atsuta discloses an ink refill system comprising:
an ink ejector [1 in fig. 1; paragraph 0025]; and
an ink container [201 in figs. 4A-4B; paragraphs 0026 and 0044], wherein
the ink ejector includes:
an ink ejection head [2 in fig. 1; paragraph 0025];
a receptacle [105 in figs. 2 and 4A-4B] configured to receive an injection of ink from outside [paragraphs 0026-0027 and 0044]; and
an ink tank [101 in figs. 1-2 and 4A-4B] enabled to supply the ink injected from the receptacle into the ink ejection head [paragraph 0026], and
the ink container is configured to supply ink into the receptacle [paragraph 0044; as seen in figs. 4A-4B], and
the ink container comprising:
an ink container body configured to hold the ink [paragraphs 0044]; and
a spout [not numbered but shown in figs. 4A-4B] having an outlet through which the ink held inside the ink container body is dispensed to outside [well-known and implicit from the teachings in paragraphs 0026 and 0044; also, see figure below], wherein
when a horizontal direction is a direction extending along a bottom surface of the ink container body, a vertical direction is a direction perpendicular to the bottom surface; a top surface is a surface on an opposite side of the bottom surface of the ink container body in the vertical direction [as seen in figs. 4A-4B; also, see figure reproduced below];
S1 denotes a horizontal cross-sectional area of the bottom surface [as seen in fig. 4A, reproduced below for clarity];
S2 denotes a horizontal cross-sectional area of the top surface [as seen in fig. 4A, reproduced below for clarity];
S3 denotes a horizontal cross-sectional area at a midpoint between the bottom surface and the top surface in the vertical direction [as seen in fig. 4A, reproduced below for clarity];
D1 denotes a horizontal cross-sectional area at a position between the bottom surface and the midpoint in the vertical direction [as seen in fig. 4A, reproduced below for clarity]; and
D2 denotes a horizontal cross-sectional area at a position between the midpoint and the top surface in the vertical direction [as seen in fig. 4A, reproduced below for clarity],
the ink container satisfies following Relational Expressions (1) to (4):
0.25 ≤ S3/S1 ≤ 1.00 (1) [since S1 = S3];
0.04 ≤ S2/S3 < 1.00 (2) [since the diameter of S2 is less than that of S3];
S1 ≥ D1 ≥ S3 (3) [since S1, D1, and S3 have the same diameter]; and
S3 > D2 > S2 (4) [D2 can be taken at any point between S2 and S3, including a location close to S2, where the portion under the neck portion / spout is tapered (i.e., funnel-shaped); meeting the limitation as written; please also see figure below, which is a reproduction of fig. 4A, and has been included for clarity.]
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Atsuta fails to expressly disclose wherein the ink container body is formed of a paper material internal of which is covered by a material that is impermeable to ink.
However, in the same field of endeavor, Odajima discloses an ink container [1 in fig. 1] for supplying ink to a receptacle of an ink ejector, the ink container comprising:
an ink container body [1a in fig. 1] configured to hold the ink [paragraph 0007]; and
a spout [1c in fig. 1] having an outlet through which the ink held inside the ink container body is dispensed to outside [paragraph 0007], wherein
the ink container body is formed of a paper material internal of which is covered by a material that is impermeable to ink [paragraph 0011], and
the ink container satisfies the Relational Expressions (1) to (4) [see Rejection above for details.]
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 ink container in the Atsuta invention so that its body is formed of a paper material internal of which is covered by a material that is impermeable to ink as taught by Odajima for the purpose of providing a rigid composition for the ink container body while preventing ink from leaking through or soaking into the porous paper body.
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
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