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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a distinguishment unit in claim 1 understood as a control step utilizing input of sensor 19 as identified in the disclosure; a setting unit in claim 1 understood as panel 103 as described in the disclosure; a detection unit in claim 1 understood as splice sensor 27 as described in the disclosure; a determination unit in claim 1 understood as control step S110 as described in the disclosure; a reporting unit in claim 1 indicated by the disclosure in Figure 7; an information obtainment unit in claim 4 understood as sensor 19; a replacement determination unit in claim 5 understood as control step S103 as indicated in the disclosure; and a speed change control unit in claim 15 understood as control step S107 as indicated in the disclosure.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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) 1-4, 6-8 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeuchi et al. US 8,408,827 (“Takeuchi”).
Regarding claim 1, Takeuchi disclosed an image printing apparatus that prints an image on a substrate, the image printing apparatus comprising:
a supply unit (1) that supplies a substrate loaded;
a print unit (30) that performs printing on the substrate supplied by the supply unit;
a distinguishment unit (see column 8, lines 30-46) that distinguishes a substrate category of the substrate supplied from the supply unit;
a setting unit (104) that sets a substrate category of a substrate used for printing;
a detection unit (13) provided between the print unit and the supply unit to detect a splice portion where substrates are connected;
a determination unit that determines whether the substrate category distinguished by the distinguishment unit (that is to say, the substrate that was loaded and sensed) and the substrate category set by the setting unit (that is, the substrate type the device was instructed to print on) match (see at least S314 – S322); and
a reporting unit (S326) that reports an error in a case where the determination unit determines that the substrate categories do not match,
wherein the reporting unit does not report the error until the supply unit completes substrate supply preparation (as seen in at least S310).
Regarding claim 2, Takeuchi disclosed the error is reported after the splice portion is conveyed to a position downstream of the print unit (see Figure 14B and/or satisfying the step through a previous splice).
Regarding claim 3, Takeuchi disclosed the determination by the determination unit as to whether the substrate categories match is made after completion of the substrate supply preparation (Figures 14A-14B).
Regarding claim 4, Takeuchi disclosed an information obtainment unit provided between the print unit and the supply unit to obtain information on the substrate, wherein the distinguishment unit distinguishes the substrate category based on the information obtained by the information obtainment unit (see 72 in Figure 1).
Regarding claim 6, Takeuchi disclosed a storage unit that stores a distinguishment result obtained by the distinguishment unit, wherein the reporting unit reports the error in a case where it is determined based on the distinguishment result stored in the storage unit that the substrate categories do not match (see Figures 3, 14A, and 14B and column 8 as referenced above).
Regarding claim 7, the substrate category distinguished by the distinguishment unit is a substrate category into which the substrate is grouped (see at least column 8, lines 30-46).
Regarding claim 8, Takeuchi disclosed the distinguishment unit includes an information obtainment unit that obtains information on unevenness of a surface of the substrate, and the distinguishment unit distinguishes the substrate category of the substrate using the information on unevenness of the surface of the substrate obtained by the information obtainment unit and linked with the substrate category (see column 15, lines 25-40).
Regarding claim 17, in a case where the distinguishment unit has not distinguished the substrate category yet, obtainment of rest of data and the determination as to whether the substrate categories match may be automatically executed before printing (Figures 14A-14B).
Allowable Subject Matter
Claims 5 and 9-16 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD J SANDERS whose telephone number is (571)270-3096. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOWARD J SANDERS/Primary Examiner, Art Unit 3653