fix AND
`”W
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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
`P.O. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
`
`
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`14/638,389
`
`03/04/2015
`
`Hideki UCHIDA
`
`54200
`
`8544
`
`03’2““ —PEARNE&GORDON LLP m
`7590
`52054
`1801 EAST 9TH STREET
`CULLER’ JILL E
`S UITE 1 200
`CLEVELAND, OH 441 14-3 108
`
`PAPER NUMBER
`
`ART UNIT
`2854
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`03/28/2016
`
`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.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patdocket @ pearne.c0m
`jcholley @pearne.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/638,389 UCHIDA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`Jill CuIIer $2213 2854
`-- 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 December 17 2015.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) fl is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_1-4is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'I’vaIW.usnI‘.0. ovI’ atentS/init events/
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`
`
`iinciex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I 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).
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`Priority under 35 U.S.C. § 119
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`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
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`b)|:l Some” c)I:l None of the:
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`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`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.
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`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) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 20150304.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160320
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`

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`Application/Control Number: 14/638,389
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`Page 2
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`Art Unit: 2854
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 103
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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 of this title, 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.
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`This application currently names joint inventors. In considering patentability of the
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`claims the examiner presumes that the subject matter of the various claims was
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`commonly owned as of the effective filing date of the claimed invention(s) absent any
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`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
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`point out the inventor and effective filing dates of each claim that was not commonly
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`owned as of the effective filing date of the later invention in order for the examiner to
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`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
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`prior art against the later invention.
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`

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`Application/Control Number: 14/638,389
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`Page 3
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`Art Unit: 2854
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`Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over U.S.
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`Patent No. 6,216,589 to Tani in view of U.S. Patent No. 5,878,667 to Ryan and U.S.
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`Patent No. 4,485,736 to Strutz, Jr. et al. (Strutz).
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`With respect to claim 1, Tani teaches a screen printing machine comprising: a
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`mask; a paste supply apparatus which supplies paste, 1, on the mask by using a paste
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`pot comprising a tubular container which stores the paste and which comprises a
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`bottom portion having a through hole, A4, and an inner lid, 12, movable in the container;
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`a squeegee slidable on the mask on which the paste is supplied by the paste supply
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`apparatus, wherein the paste supply apparatus comprises: a pot holder which holds the
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`paste pot such that the through hole faces downward; and an ejecting member which
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`presses down to eject the paste from the through hole. See column 1, lines 21 -34,
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`column 2, line 49 — column 3, line 37 and Figs. 1-3.
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`Tani does not explicitly teach an ejecting member which abuts on the inner lid of
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`the paste pot held by the pot holder; an ejecting member lifting unit which presses down
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`the ejecting member abutting on the inner lid in the container to eject the paste from the
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`through hole; a detector which detects a position of the ejecting member which is
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`pressed down by the ejecting member lifting unit; and a notification device which
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`generates a notification indicating a remaining amount of the paste in the container
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`based on the position of the ejecting member detected by the detector.
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`Ryan teaches a printing apparatus comprising an ink supply apparatus which
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`supplies ink to a printing plate by using a tubular container, 13, which stores the ink and
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`which comprises a bottom portion having a through hole and an inner lid, 23, movable in
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`

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`Application/Control Number: 14/638,389
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`Page 4
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`Art Unit: 2854
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`the container, wherein the ink supply apparatus comprises: a holder which holds the ink
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`container such that the through hole faces downward; an ejecting member lifting unit,
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`22, which presses down the ejecting member abutting on the inner lid in the container to
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`eject the paste from the through hole; and a detector, 94, which detects a position of the
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`ejecting member which is pressed down by the ejecting member lifting unit; and a
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`notification device, 94, which generates a notification indicating a remaining amount of
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`the paste in the container based on the position of the ejecting member detected by the
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`detector. See column 2, line 60 — column 3, line 35, column 5, lines 6-25 and Fig. 1.
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`It would have been obvious to one having ordinary skill in the art to modify the
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`structure of Tani to include an ejecting member lifting unit and a level detecting sensor
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`and notification device, as taught by Ryan, in order to be able to detect and control the
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`level of the paste in the container, allowing a user to refill the ink container efficiently.
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`Tani also does not teach wherein the paste pot comprises a flange portion
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`provided on an outer side surface of the container, and wherein the flange portion is
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`supported on the pot holder.
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`However, it is known to support a container using a flange. For example, Strutz
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`teaches an ink pot, 31, having a flange portion provided on an outer side surface of the
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`container, wherein the flange portion is supported by a pot holder, 32. See column 3,
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`lines 52-55 and Fig. 1.
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`Therefore, it would have been obvious to one having ordinary skill in the art to
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`modify the structure of Tani, such that the paste pot has a flange supported on the pot
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`holder, as taught by Strutz, so that the pot can be supported stably in an upright
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`

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`Application/Control Number: 14/638,389
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`Page 5
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`Art Unit: 2854
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`position, to limit the possibility that it will tilt inadvertently to the side and cause the
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`system to operate incorrectly.
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`With respect to claim 2, Tani teaches a screen printing method by a screen
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`printing machine, the screen printing machine comprising: a mask; a paste supply
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`apparatus which supplies paste, 1, by using a paste pot comprising a tubular container
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`which stores the paste and which comprises a bottom portion having a through hole,
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`A4, and an inner lid, 12, movable in the container; and a squeegee slidable on the
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`mask, said screen printing method comprising: supplying the paste on the mask by
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`ejecting the paste from the through hole by pressing down an ejecting member in the
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`container, the ejecting member acting on the paste pot held in a state in which the
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`through hole faces downward; printing the paste on a board via the mask by moving the
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`squeegee to slide on the mask on which the ejected paste is supplied. See column 1,
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`lines 21-34, column 2, line 49 — column 3, line 37 and Figs. 1-3.
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`Tani does not explicitly teach the ejecting member abutting on the inner lid of the
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`paste pot held in a state in which the through hole faces downward; or detecting a
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`position of the ejecting member which is pressed down during the supply of the paste;
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`and generating a notification indicating a remaining amount of the paste in the container
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`based on the detected position of the ejecting member.
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`Ryan teaches a printing method using a printing apparatus comprising an ink
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`supply apparatus which supplies ink to a printing plate by using a tubular container, 13,
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`which stores the ink and which comprises a bottom portion having a through hole and
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`an inner lid, 23, movable in the container, said printing method comprising supplying the
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`

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`Application/Control Number: 14/638,389
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`Page 6
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`Art Unit: 2854
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`ink to the printing plate by ejecting the ink from the through hole by pressing down an
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`ejecting member in the container, the ejecting member lifting unit, 22, abutting on the
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`inner lid of the paste pot held in a state in which the through hole faces downward; and
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`steps of detecting a position of the ejecting member which is pressed down during the
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`supply of the paste; and generating a notification, 94, indicating a remaining amount of
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`the paste in the container based on the detected position of the ejecting member. See
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`column 2, line 60 — column 3, line 35, column 5, lines 6-25 and Fig. 1.
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`It would have been obvious to one having ordinary skill in the art to modify the
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`method of Tani to include an ejecting member lifting unit and steps of detecting the level
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`and notifying the user, as taught by Ryan, in order to be able to detect and control the
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`level of the paste in the container, allowing a user to refill the ink container efficiently.
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`Tani also does not teach wherein the paste pot comprises a flange portion
`
`provided on an outer side surface of the container, and wherein the flange portion is
`
`supported on the pot holder.
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`However, it is known to support a container using a flange. For example, Strutz
`
`teaches an ink pot, 31, having a flange portion provided on an outer side surface of the
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`container, wherein the flange portion is supported by a pot holder, 32. See column 3,
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`lines 52-55 and Fig. 1.
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`Therefore, it would have been obvious to one having ordinary skill in the art to
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`modify the method of Tani, to be designed such that the paste pot has a flange
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`supported on the pot holder, as taught by Strutz, so that the pot can be supported stably
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`

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`Application/Control Number: 14/638,389
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`Page 7
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`Art Unit: 2854
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`in an upright position, to limit the possibility that it will tilt inadvertently to the side and
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`cause the system to operate incorrectly.
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`With respect to claims 3-4, Ryan teaches the detector comprises two elements,
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`including a magnet, 93, embedded in the piston, 23 (see column 5, lines 8-13). Given
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`applicant’s broad recitation of a detector without further structural detail, it is considered
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`that this magnet satisfies the requirement of applicant's claim of a "detector provided
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`inside of the ejection member lifting unit".
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`Response to Arguments
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`Applicant’s arguments filed December 17, 2015 have been fully considered but
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`are moot because the arguments do not apply to the combination of references being
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`used in the current rejection.
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`Conclusion
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`

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`Application/Control Number: 14/638,389
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`Page 8
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`Art Unit: 2854
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Jill Culler whose telephone number is (571)272-2159.
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`The examiner can normally be reached on M-F 10:00-63:00.
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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
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/Jill Culler/
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`Primary Examiner, Art Unit 2854
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`