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 statements (IDSs) submitted on 05/09/2025, 03/06/2026, and 08/24/2026 are being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 2 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,325,231. This is a statutory double patenting rejection.
Instant Application
U.S. Patent 12,325,231
Claim 2. A printing apparatus comprising:
a holding unit configured to hold a roll-shaped print medium;
a printing unit configured to apply ink and thereby print an image on the print medium drawn out from the holding unit;
a first discharge destination to which the print medium on which the image is printed is discharged after passing through a first discharge path in a first direction;
a second discharge destination to which the print medium on which the image is printed is discharged after passing through a second discharge path in a second direction opposite to the first direction;
a cutter configured to cut the print medium, the cutter being arranged on a downstream side of the printing unit and on an upstream side of a branching of the first discharge path and the second discharge path;
an obtaining unit configured to obtain information indicating a kind of the print medium held by the holding unit; and
a switching unit configured to switch, based on the information, which of the first discharge destination and the second discharge destination is to be a discharge destination of the print medium on which the image is printed.
Claim 1. A printing apparatus comprising:
a holding unit configured to hold a roll-shaped print medium;
a printing unit configured to apply ink and thereby print an image on the print medium drawn out from the holding unit;
a first discharge destination to which the print medium on which the image is printed is discharged after passing through a first discharge path in a first direction;
a second discharge destination to which the print medium on which the image is printed is discharged after passing through a second discharge path in a second direction opposite to the first direction;
a cutter configured to cut the print medium, the cutter being arranged on a downstream side of the printing unit and on an upstream side of a branching of the first discharge path and the second discharge path;
an obtaining unit configured to obtain information indicating a kind of the print medium held by the holding unit; and
a switching unit configured to switch, based on the information, which of the first discharge destination and the second discharge destination is to be a discharge destination of the print medium on which the image is printed.
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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