`“x
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/269,605
`
`05/05/2014
`
`Isao HORIE
`
`52644
`
`8228
`
`02’0”” —PEARNE&GORDON LLP m
`7590
`52054
`1801 EAST 9TH STREET
`FERGUSON SAMRETH, MARISSA LIANA
`S UITE 1 200
`CLEVELAND, OH 441 14-3 108
`
`PAPER NUMBER
`
`ART UNIT
`2854
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/08/2017
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patdocket @ pearne.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`itatus
`2854
`MARISSA FERGUSON-
`
`SAM RETH es
`
`Office Action Summary
`
`Applicant(s)
`Application No.
` 14/269,605 HORIE ET AL.
`
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`
`1)IZI Responsive to communication(s) filed on 9/30/16.
`
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)|:I This action is FINAL.
`
`2b)|Z| This action is non-final.
`
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1,2 and 4-13 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s) 1,2 and4- 13is/are rejected.
`8)I:I Claim(s)_ is/are objected to.
`
`9)I:I Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`htt
`://www.us tocov/ atents/init events/
`
`h/Endex.'s orsend an inquiry to PPeredback@ usgtogov.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`
`11)|Xl The drawing(s) filed on 5/15/14 is/are: a)IZl accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)IXI All
`b)I:I Some” c)I:I None of the:
`1.IXI Certified copies of the priority documents have been received.
`2.|:| Certified copies of the priority documents have been received in Application No.
`3.|:l Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20161111
`
`

`

`Application/Control Number: 14/269,605
`
`Page 2
`
`Art Unit: 2854
`
`DETAILED ACTION
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1. 1 14
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/30/16
`
`has been entered.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`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 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.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly owned as of the effective filing date of the claimed invention(s) absent any
`
`

`

`Application/Control Number: 14/269,605
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`Page 3
`
`Art Unit: 2854
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`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`owned as of the effective filing date of the later invention in order for the examiner to
`
`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`Claims 1-2, 4-6, 12 and 13 are rejected under 35 U.S.C. 103a as being
`
`unpatentable over Tanaka et al. (JP 08207243) in view of Seidl (US Patent 3,153,815)
`
`and Strutz, Jr. et al. (US Patent 4,485,736).
`
`With respect to claim 1, Tanaka et al. teaches a paste supply apparatus
`
`comprising:
`
`an exchangeable paste pot (note: ink cartridge 48 is part of ink tank 39) which
`
`comprises a tubular container (40) which stores paste and which comprises a bottom
`
`portion (refer to marked-up figure 5) provided with a through hole (43) and a movable
`
`inner lid (50) provided in the tubular container;
`
`a pot holder (21) which contacts and holds the paste pot in a state in which the
`
`through hole (43) of the paste pot (38) is directed downward such that lateral expansion
`
`of the tubular container (40) is suppressed and downward movement of the tubular
`
`container (40) thereof is regulated (Figure 5); and
`
`a paste ejecting device (45, 46) which presses the inner lid of the paste pot with
`
`respect to the tubular container and which ejects the paste stored in the tubular
`
`container from the through hole (Paragraph 0049),
`
`

`

`Application/Control Number: 14/269,605
`
`Page 4
`
`Art Unit: 2854
`
`wherein the paste pot is integrated as a single unit (note: the term "a single unit"
`
`is a very broad recitation. Therefore, the examiner is interpreting "a single unit" as a ink
`
`cartridge 48 integrally formed with an ink tank 39. Also, the definition of integrated: verb
`
`(used with object), integrated, integrating. 1. to bring together or incorporate (parts) into
`
`a whole. 2. to make up, combine, or complete to produce a whole or a larger unit, as
`
`parts do. 3. to unite or combine),
`
`the through hole (43) and at least a part of the bottom portion are exposed from
`
`the pot holder when the paste pot is held by the pot holder (refer to marked up figure 5
`
`in the detailed action).
`
`Tanaka et al. does not explicitly disclose the paste ejecting device comprising a
`
`rod having a pad member provided above the paste pot, such that when the rod moves
`
`downward and the paste pot comprises a brim portion which is supported on an upper
`
`surface of the paste holder when the paste pot is held by the pot holder. Seidl teaches a
`
`paste ejecting device comprising a rod (24) having a pad member (20) provided above
`
`the paste pot (note: as disclosed in Column 4, lines 42-45 the rod 24 retracts, it retracts
`
`above the paste pot 16), such that when the rod moves downward, the pad member
`
`protrudes (Figure 4).
`
`It would have been obvious to one having ordinary skill in the art before the time
`
`of filing the present invention to modify the paste ejecting device of Tanaka et al. to
`
`provide a rod having a pad member provided above the paste pot, as taught by Seidl,
`
`for the purpose of providing the proper spacing to mount a new paste pot.
`
`

`

`Application/Control Number: 14/269,605
`
`Page 5
`
`Art Unit: 2854
`
`Seidl does not explicitly disclose a paste comprises a brim portion which is
`
`supported on an upper surface of the paste holder when the paste pot is held by the pot
`
`holder. However, it is known to support a paste pot/container using a brim portion.
`
`Strutz teaches an ink pot, 31, having a brim portion provided on an outer side surface of
`
`the container, wherein the brim portion is supported by a pot holder, 32. See column 3,
`
`lines 52-55 and Fig. 1.
`
`Therefore, it would have been obvious to one having ordinary skill in the art to
`
`modify the structure of Tanaka et al. to provide a paste pot with a brim portion
`
`supported on the pot holder, as taught by Strutz, for the purpose of providing a pot that
`
`can be supported stably in an upright position, to limit the possibility that it will tilt
`
`inadvertently to the side and cause the system to operate incorrectly.
`
`
`
`
`Bottom portion exposed
`from the pot holder
`
`

`

`Application/Control Number: 14/269,605
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`Page 6
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`Art Unit: 2854
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`With respect to claim 2, Tanaka et al. teaches a mask (16) which is positioned to
`
`contact a substrate (5).
`
`With respect to claim 4, Tanaka et al. teaches the pot holder (21) has a circular
`
`hole portion (41) in which the paste pot (38, 48) is inserted (Figures 2 and 3).
`
`With respect to claim 5, Tanaka et al. teaches the circular hole portion (41)
`
`vertically penetrates through the pot holder (21 and Figure 3).
`
`With respect to claim 6, Tanaka et al. teaches an inner surface of the circular
`
`hole portion (41) contacts a side surface of the tubular container without contacting the
`
`bottom portion (Figure 2).
`
`With respect to claims 12 and 13, a height of the pot holder is sufficient enough
`
`to cover most of a height of the paste pot and an outer diameter of a brim portion is
`
`wider than an outer diameter of the paste pot (note: the recitation is intended use and
`
`functional language and does not set forth sufficient patentably to distinguish the
`
`claimed invention over the prior art).
`
`

`

`Application/Control Number: 14/269,605
`
`Page 7
`
`Art Unit: 2854
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`Inner
`
`circular
`
`hole
`
`container
`
`portion
`contacting
`side
`
`surface of
`
`the tubular
`
`4.
`
`Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka
`
`et al. in view of Seidl and Strutz, Jr. et al. as applied to claims 1-2, 4-6, 12 and 13 above
`
`and further in view of Lin (US Publication 2005/0000062).
`
`With respect to claims 7 and 8, Tanaka et al., as modified, teaches the claimed
`
`invention including a pot holder (21) having a block shape (Figures 2, 4) with the
`
`exception of an inner diameter of the circular hole portion is changeable, the pot holder
`
`comprises flange portions defining the circular hole portion and a bolt screwed into the
`
`flange portions to change a distance between the flange portions, thereby changing the
`
`inner diameter of the circular hole portion.
`
`However, providing a holder with wherein an inner diameter that is changeable,
`
`flange portions and a bolt screwed into flange portions is well known in the art as
`
`exemplified by Lin. Lin provides a holder (20) wherein an inner diameter of the circular
`
`hole portion is changeable (Paragraphs 0023, 0031 ), the pot holder comprises flange
`
`

`

`Application/Control Number: 14/269,605
`
`Page 8
`
`Art Unit: 2854
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`portions (22, 26) defining the circular hole portion and a bolt (30) screwed into the
`
`flange portions to change a distance between the flange portions, thereby changing the
`
`inner diameter of the circular hole portion (Paragraph 0023 and Figure 2).
`
`It would have been obvious to one of ordinary skill in the art at the time of filing of
`
`the present application to modify the pot holder of Tanaka, as modified, with a holder
`
`with a changeable inner diameter with flanges and a bolt screwed into the flanges
`
`taught by Lin for the purpose of tightly securing the container and preventing the
`
`container from falling out of alignment.
`
`With respect to claim 9, Lin teaches the pot holder comprises flange portions (22,
`
`26) defining the circular hole portion (Figure 2); and a wing bolt (30) screwed into the
`
`flange portions to change a distance between the flange portions, thereby changing the
`
`inner diameter of the circular hole portion (Paragraph 0023 and Figure 2).
`
`5.
`
`Claims 1, 3, 12 and 13 are rejected under 35 U.S.C. 103a as being unpatentable
`
`over Suzuki (JP 06-283856) in view of Seidl (US Patent 3,153,815) and Strutz, Jr. et al.
`
`(US Patent 4,485,736).
`
`With respect to claim 1, Suzuki teaches a paste supply apparatus comprising:
`
`an exchangeable paste pot (10) which comprises a tubular container (11) which
`
`stores paste and which comprises a bottom portion (refer to marked-up Figure 1
`
`in the
`
`detailed action) provided with a through hole (12) and a movable inner lid (16) provided
`
`in the tubular container (11);
`
`

`

`Application/Control Number: 14/269,605
`
`Page 9
`
`Art Unit: 2854
`
`a pot holder (refer to marked-up figure 1
`
`in the detailed action) which contacts
`
`and holds the paste pot in a state in which the through hole (12) of the paste pot (10) is
`
`directed downward such that lateral expansion of the tubular container (11) is
`
`suppressed and downward movement of the tubular container (11) thereof is regulated
`
`(Figure 1); and
`
`a paste ejecting device (14) which presses the inner lid (16) of the paste pot (10)
`
`with respect to the tubular container (11) and which ejects the paste stored in the
`
`tubular container from the through hole (Paragraphs 0010, 0015),
`
`wherein the paste pot is integrated as a single unit (note: the term "a single unit"
`
`is a very broad recitation. Therefore, the examiner is interpreting "a single unit" as a ink
`
`cartridge 10 integrally formed with bottom portion as shown in marked-up figure 1. Also,
`
`the definition of integrated: verb (used with object), integrated, integrating. 1. to bring
`
`together or incorporate (parts) into a whole. 2. to make up, combine, or complete to
`
`produce a whole or a larger unit, as parts do. 3. to unite or combine),
`
`the through hole (12) and at least a part of the bottom portion are exposed from
`
`the pot holder when the paste pot is held by the pot holder (refer to marked up Figure 1
`
`in the detailed action).
`
`Suzuki does not explicitly disclose the paste ejecting device comprising a rod
`
`having a pad member provided above the paste pot, such that when the rod moves
`
`downward and the paste pot comprises a brim portion which is supported on an upper
`
`surface of the paste holder when the paste pot is held by the pot holder.
`
`

`

`Application/Control Number: 14/269,605
`
`Page 10
`
`Art Unit: 2854
`
`Seidl teaches a paste ejecting device comprising a rod (24) having a pad
`
`member (20) provided above the paste pot (note: as disclosed in Column 4, lines 42-45
`
`the rod 24 retracts, it retracts above the paste pot 16), such that when the rod moves
`
`downward, the pad member protrudes (Figure 4).
`
`It would have been obvious to one having ordinary skill in the art before the time
`
`of filing the present invention to modify the paste ejecting device of Suzuki to provide a
`
`rod having a pad member provided above the paste pot, as taught by Seidl, for the
`
`purpose of providing the proper spacing to mount a new paste pot.
`
`Seidl does not explicitly disclose the paste pot comprises a brim portion which is
`
`supported on an upper surface of the paste holder when the paste pot is held by the pot
`
`holder.
`
`However, it is known to support a paste pot/container using a brim portion. Strutz
`
`teaches an ink pot, 31, having a brim portion provided on an outer side surface of the
`
`container, wherein the brim portion is supported by a pot holder, 32. See column 3, lines
`
`52-55 and Fig. 1.
`
`Therefore, it would have been obvious to one having ordinary skill in the art to
`
`modify the structure of Suzuki to provide a paste pot with a brim portion supported on
`
`the pot holder, as taught by Strutz, for the purpose of providing a pot that can be
`
`supported stably in an upright position, to limit the possibility that it will tilt inadvertently
`
`to the side and cause the system to operate incorrectly.
`
`

`

`Application/Control Number: 14/269,605
`
`Page 11
`
`Art Unit: 2854
`
`With respect to claim 3, Suzuki teaches the paste pot (1 0) comprises a brim
`
`portion (refer to marked-up Figure 1
`
`in the detailed action which is supported on an
`
`upper surface of the pot holder when the paste pot is held by the pot holder).
`
`With respect to claims 12 and 13, a height of the pot holder is sufficient enough
`
`to cover most of a height of the paste pot and an outer diameter of a brim portion is
`
`wider than an outer diameter of the paste pot (note: the recitation is intended use and
`
`functional language and does not set forth sufficient patentably to distinguish the
`
`claimed invention over the prior art).
`
`Pot Holder
`
`is
`
`I
`
`Brim Portion
`
`
`
`
`
`Bottom Portion
`
`6.
`
`Claims 1, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Willshere (US Publication 2004/0244612) in view of Tanaka et al. (JP 08-207243),
`
`Seidl (US Patent 3,153,815) and Strutz, Jr. et al. (US Patent 4,485,736).
`
`

`

`Application/Control Number: 14/269,605
`
`Page 12
`
`Art Unit: 2854
`
`With respect to claim 1, Willshere teaches an exchangeable paste pot (30) which
`
`comprises a tubular container (Figure 2) which stores paste and which comprises a
`
`bottom portion (48) provided with a through hole (34);
`
`a pot holder (56) which contacts and holds the paste pot (30) in a state in which
`
`the through hole (34) of the paste pot is directed downward such that lateral expansion
`
`of the tubular container is suppressed and downward movement of the tubular container
`
`thereof is regulated (Figures 2-4);
`
`a paste ejecting device (36) and which ejects the paste stored in the tubular
`
`container from the through hole (34 and Paragraph 0035), wherein the through hole (34)
`
`and at least a part of the bottom portion (48) are exposed from the pot holder (56) when
`
`the paste pot is held by the pot holder (Figures 2 and 4),
`
`wherein the paste pot is integrated as a single unit (note: the term "a single unit"
`
`is a very broad recitation. Therefore, the examiner is interpreting "a single unit" as an
`
`ink cartridge 30 integrally formed with tubular container and bottom portion 48. Also,
`
`the definition of integrated: verb (used with object), integrated, integrating. 1. to bring
`
`together or incorporate (parts) into a whole. 2. to make up, combine, or complete to
`
`produce a whole or a larger unit, as parts do. 3. to unite or combine).
`
`Willshere is silent with respect to a movable inner lid provided in the tubular
`
`container wherein the inner lid presses the paste pot with respect to the tubular
`
`container, the paste ejecting device comprising a rod having a pad member provided
`
`above the paste pot, such that when the rod moves downward and the paste pot
`
`

`

`Application/Control Number: 14/269,605
`
`Page 13
`
`Art Unit: 2854
`
`comprises a brim portion which is supported on an upper surface of the paste holder
`
`when the paste pot is held by the pot holder.
`
`Tanaka et al. provides a movable inner lid (50) provided in the tubular container
`
`and ejection device that presses the inner lid (50) of the paste pot with respect to the
`
`tubular container.
`
`It would have been obvious to one of ordinary skill in the art at the time of filing of
`
`the present application to modify the paste pot of Willshere to provide an moveable
`
`inner lid so that the ejection device presses the moveable inner lid as taught by Tanaka
`
`et al. for the purpose of ensuring the paste is discharged thereby not leaving an
`
`excessive amount of paste on the sides of the container.
`
`Tanaka et al. does not explicitly disclose the paste ejecting device comprising a
`
`rod having a pad member provided above the paste pot, such that when the rod moves
`
`downward and the paste pot comprises a brim portion which is supported on an upper
`
`surface of the paste holder when the paste pot is held by the pot holder.
`
`Seidl teaches a paste ejecting device comprising a rod (24) having a pad
`
`member (20) provided above the paste pot (note: as disclosed in Column 4, lines 42-45
`
`the rod 24 retracts, it retracts above the paste pot 16), such that when the rod moves
`
`downward, the pad member protrudes (Figure 4).
`
`It would have been obvious to one having ordinary skill in the art before the time
`
`of filing the present invention to modify the paste ejecting device of Willshere to provide
`
`a rod having a pad member provided above the paste pot, as taught by Seidl, for the
`
`purpose of providing the proper spacing to mount a new paste pot.
`
`

`

`Application/Control Number: 14/269,605
`
`Page 14
`
`Art Unit: 2854
`
`Seidl does not explicitly disclose the paste pot comprises a brim portion which is
`
`supported on an upper surface of the paste holder when the paste pot is held by the pot
`
`holder.
`
`However, it is known to support a paste pot/container using a brim portion. Strutz
`
`teaches an ink pot, 31, having a brim portion provided on an outer side surface of the
`
`container, wherein the brim portion is supported by a pot holder, 32. See column 3, lines
`
`52-55 and Fig. 1.
`
`Therefore, it would have been obvious to one having ordinary skill in the art to
`
`modify the structure of Tanaka et al. to provide a paste pot with a brim portion
`
`supported on the pot holder, as taught by Strutz, for the purpose of providing a pot that
`
`can be supported stably in an upright position, to limit the possibility that it will tilt
`
`inadvertently to the side and cause the system to operate incorrectly.
`
`With respect to claim 10, Willshere teaches another exchangeable paste pot (30)
`
`and another pot holder (56, Paragraph 0036) which contacts and holds the other
`
`exchangeable paste pot (30 and Figure 2), wherein the apparatus is configured to move
`
`the exchangeable paste pot out of an ejection position below the paste ejecting device
`
`when the exchangeable paste pot becomes empty and move the other exchangeable
`
`paste pot into the ejection position (note: in the broadest interpretation, the examiner
`
`notes that any element can be considered to be removable/exchangeable. note: any
`
`element can be considered to be removeable. Also, it has been held that if it were
`
`considered desirable for any reason to obtain access to each paste pot, it would be
`
`obvious to make the paste pot removeable for the purpose of performing maintenance
`
`

`

`Application/Control Number: 14/269,605
`
`Page 15
`
`Art Unit: 2854
`
`or replacement. Refer to MPEP 2144.04(V)(C),
`
`therefore the paste pot can be removed
`
`from the apparatus and exchanged such as when the apparatus needs maintenance or
`
`when the paste pot is empty).
`
`With respect to claim 11, Willshere the apparatus is configured to replace the
`
`empty exchangeable paste pot with still another exchangeable paste pot (note: in the
`
`broadest interpretation, the examiner notes that any element can be considered to be
`
`removable/exchangeable. Also, it has been held that if it were considered desirable for
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`any reason to obtain access to each paste pot, it would be obvious to make the paste
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`pot removeable for the purpose of performing maintenance or replacement. Refer to
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`MPEP 2144.04(V)(C). Therefore, the paste pot can be removed from the apparatus
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`and exchanged such as when the apparatus needs maintenance or when the paste pot
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`is empty).
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`Response to Arguments
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`7.
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`Applicant’s arguments with respect to claims 1-6 and 10-13 have been
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`considered but are moot in view of the ground(s) of the current rejection.
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`8.
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`Applicant's arguments filed 9/30/16 with respect to claims 7-9 have been fully
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`considered but they are not persuasive.
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`In response to applicant's argument that on page 6 with respect to the brim
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`portion being supported by the housing, the test for obviousness is not whether the
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`features of a secondary reference may be bodily incorporated into the structure of the
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`primary reference; nor is it that the claimed invention must be expressly suggested in
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`any one or all of the references. Rather, the test is what the combined teachings of the
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`

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`Application/Control Number: 14/269,605
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`Page 16
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`Art Unit: 2854
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`references would have suggested to those of ordinary skill in the art. See In re Keller,
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`642 F.2d 413, 208 USPQ 871 (CCPA 1981). Tanaka provides a moving base 21 with a
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`brim portion. Strutz provides an ink pot 31 having a brim portion provided on an outer
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`side surface of the container, wherein the brim portion is supported by a pot holder 32,
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`Column 3, lines 52-55 and Fig. 1. Lin provides a holder 20 wherein an inner diameter of
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`the circular hole portion is changeable (Paragraphs 0023, 0031 ). The examiner was
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`simply providing a concept/teaching of a holder that provides a changeable inner
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`diameter such as provided by Lin and not suggesting to physically incorporate the
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`elements. Also, regarding the brim portion being supported by the housing, it is obvious
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`the brim portion would be supported on the housing whether it be directly or indirectly in
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`order to ensure the paste pot is in a secure and tight fit within the housing.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to MARISSA FERGUSON-SAMRETH whose telephone
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`number is (571)272-2163. The examiner can normally be reached on 8:00am-6:00pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Judy Nguyen can be reached on 571 -272-2258. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`