Ex Parte AtakaDownload PDFPatent Trial and Appeal BoardAug 5, 201411185867 (P.T.A.B. Aug. 5, 2014) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE PATENT TRIAL AND APPEAL BOARD __________ Ex parte HIROYUKI ATAKA1 __________ Appeal 2012-003306 Application 11/185,867 Technology Center 2600 __________ Before DONALD E. ADAMS, ERIC B. GRIMES, and MELANIE L. McCOLLUM, Administrative Patent Judges. McCOLLUM, Administrative Patent Judge. DECISION ON APPEAL This is an appeal under 35 U.S.C. § 134 involving claims to a printing apparatus, method, and computer-readable medium. The Examiner has rejected the claims as obvious. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. STATEMENT OF THE CASE Claims 1-17 are pending and on appeal (App. Br. 1-2). Claim 16 is representative and reads as follows (emphasis added): 1 Appellant identifies the Real Party in Interest as SHARP KABUSHIKI KAISHA (App. Br. 1). Appeal 2012-003306 Application 11/185,867 2 16. A printing method for a printing apparatus, comprising the steps of: (a) carrying out print processing in terms of forming images with respect to received print jobs; (b) detecting whether or not there is a source required for the print processing of each of the print jobs; (c) managing print processing order of the print jobs, and carrying out control such that a shortage print job is skipped and the print processing is carried out with respect to each of succeeding print jobs coming after the shortage print job in the print processing order, the shortage print job being either a print job that has order to be next print-processed, or that is a print job that is being print-processed, and the shortage print job being a print job which is so judged in the step (b) as to cause a shortage of the source; and (d) judging whether or not the shortage print job and a print job which comes just before the shortage print job need to be consecutively print-processed, by comparing (i) print job information, which is included in the shortage print job and which includes at least identification information for identifying (1) a print processing condition of the print job and/or (2) the print job, with (ii) print job information of the print job which comes just before the shortage print job, and by judging a correlation between the shortage print job and the print job which comes just before the shortage job in accordance with the comparison, in cases where the shortage print job and the a print job which comes just before the shortage print job are so judged in the step (d) that the shortage print job and the print job which comes just before the shortage print job are required to be sequentially print-processed because of the judged correlation between the shortage print job and the print job which comes just before the shortage print job, the print processing is suspended until supply of the source is detected by the detecting section, control being carried out in the step (c) such that the shortage print job, judged to be print- processed in continuity with the print job which comes just before the shortage print job, is not skipped for print processing with respect to the succeeding print job coming after the shortage job, until completion of the print processing of the shortage print job. Claim 1 is similar to claim 16, but is directed to a printing apparatus. Claim 1 recites that the printing apparatus comprises “a judgment section for App App judg just b (App recor whic comp set fo from obvi al. (U over 2006 initia burd argu Cir. be su artic conc eal 2012-0 lication 11 ing whethe efore the . Br. 19). ding med h controls uter to fu rth in clai claim 1 (i Claims 1 ous over N S 7,158,2 Claims 1 Noda in v ) (Ans. 10 “In rejec l burden o en is met, ment shift 1993) (cita stained by ulated reas lusion of o 03306 /185,867 r or not th shortage p Claim 17 ium storin a printing nction as t m 1” (id. a d. at 20-22 -10 and 1 oda (US 6 44 B2, Jan 1 and 12 s iew of Som ). ting claim f presentin does the b to the app tion omitt mere con oning wit bviousnes e shortage rint job ne is directed g a control apparatus he respect t 23). Cla ). 3-17 stand ,897,972 B . 2, 2007) tand rejec mer and PRINCIP s under 35 g a prima urden of c licant.” In ed). “[R]e clusory st h some rat s.” In re K 3 print job ed to be c to a “com program f , said cont ive section ims 2-15 rejected u 1, May 2 (Ans. 4). ted under Suzuki et LES OF L U.S.C. § facie case oming forw re Rijcka jections o atements; i ional unde ahn, 441 and a prin onsecutive puter-read or control rol progra s of the pr depend dir nder 35 U 4, 2005) in 35 U.S.C. al. (US 7,1 AW 103, the ex of obviou ard with ert, 9 F.3d n obviousn nstead, th rpinning t F.3d 977, t job which ly print-pr able non t ling a com m causing inting app ectly or in .S.C. § 10 view of S § 103(a) a 48,991 B2 aminer be sness. On evidence o 1531, 153 ess groun ere must b o support 988 (Fed. comes ocessed” ransitory puter the aratus as directly 3(a) as ommer et s obvious , Dec. 12, ars the ly if that r 2 (Fed. ds cannot e some the legal Cir. 2006) . Appeal 2012-003306 Application 11/185,867 4 I The Examiner relies on Noda for disclosing many aspects of the claims (Ans. 4-5). However, the Examiner finds: Noda fails to disclose a judgment section for judging whether or not a shortage print job and the preceding job to the shortage job need to be consecutively print processed and are correlated by comparing print job information, including identification information, of the shortage print job and the preceding print job which comes just before the shortage job, and wherein in cases when it is judged that the shortage print job and the preceding print job need to be processed consecutively, the shortage print job is not skipped for print processing with respect to the succeeding print jobs until completion of the print processing of the shortage print job. (Id. at 5.) The Examiner relies on Sommer for teaching determining whether a print job and the preceding print job need to be consecutively print processed . . . and wherein when it is judged that a print job and the preceding print job need to be processed consecutively, the processing for the print job is not skipped with respect to the succeeding print jobs. (Id. at 5-6.) The Examiner concludes: [I]t would have been obvious for one skilled in the art to include to Noda’s apparatus a judgment section for judging whether or not a shortage job and the preceding job to the shortage job need to be consecutively print processed, and controlling the print processing order such that the shortage . . . job is not skipped for print processing with respect to the succeeding jobs until completion of the print processing of the shortage print job, when it is determined that the shortage job and the preceding job to the shortage job need to be consecutively print processed. The motivation would be to determine whether a print job (shortage print job) and the preceding print job are correlated print jobs that require specific Appeal 2012-003306 Application 11/185,867 5 output order. A print document may require multiple print jobs to be outputted in an order for which they have been created. (Id. at 6.) Findings of Fact 1. Noda discloses: [T]here is provided a printing method of using a host which can set an auto retreat of print data and a print output apparatus which is connected so that it can bidirectionally communicate with the host and is equipped with a memory device which can perform a retreat processing of the data in response to a request from the host, wherein the host sends the print data to the print output apparatus, the print output apparatus receives the print data sent from the host and discriminates whether the data can be normally printed or not on the basis of print attributes of the received print data and a status of the print output apparatus, when it is determined that the data can be normally printed, the printing is executed, and when it is determined that the data cannot be normally printed, the print data is retreated to the memory device in accordance with the setting of the auto retreat, thereby enabling the printing of other print data to be executed. (Noda, col. 2, ll. 26-43.) 2. In particular, Noda discloses: [T]he controller 2010 of the printer analyzes the print attributes of the head print data in the job execution management data stored in the RAM 2031 in the storage 2030 of the printer in order to start the processing of the print-waiting job (step 1601). . . . Subsequently, the controller 2010 of the printer analyzes the status of the printer (step 1602). Specifically speaking, the size of paper set at present is checked, whether the papers of such a size exist or not is discriminated, and whether the other expendable supplies are absent or not are discriminated. Appeal 2012-003306 Application 11/185,867 6 (Id. at col. 6, ll. 28-40.) 3. In addition, Noda discloses: Subsequently, the controller 2010 of the printer discriminates whether the print data “SAMPLE-B” can be normally printed or not (an error occurs or not) by collating the results in steps 1601 and 1602 (step 1603). In this case, since the print data “SAMPLE-B” designates the paper size B5 of the papers which are not set at present, the controller 2010 of the printer determines that the print data “SAMPLE-B” cannot be normally printed (an error occurs). Subsequently, the controller 2010 of the printer checks the print data “SAMPLE-B” stored in the RAM 2031 in the storage 2030 of the printer to see if the auto retreat flag has been set (step 1604). If the auto retreat flag is not set in the print data “SAMPLE-B”, an operation similar to that in the conventional apparatus is executed. The whole processing is temporarily suspended, the print processing is resumed at a point when the user supplements the expendable supplies, and an output can be soon obtained. Specifically speaking, the controller 2010 of the printer suspends the print processing (step 1615). . . . In this case, since the auto retreat flag has been set in the print data “SAMPLE-B”, an auto retreat information table as shown in FIG. 13 stored in the RAM in the storage 2030 of the printer is referred to (step 1609). Subsequently, the controller 2010 of the printer analyzes the contents of the error which occurs at present and the auto retreat information table and discriminates whether the print data can be automatically retreated or not (step 1610). In this case, since the cause of the error relates to “no paper” (the papers of the relevant paper size do not exist) in the auto retreat information table, it is decided that the print data can be retreated. If the cause of the error does not exist in the auto Appeal 2012-003306 Application 11/185,867 7 retreat information table, step 1615 follows and processing is executed in a manner similar to the conventional technique. Subsequently, the controller 2010 of the printer suspends the print processing of the print data “SAMPLE-B” (step 1611). . . . In this instance, although an error occurred in the print job “SAMPLE-B” and the processing was suspended, by automatically retreating the print data, the printer can be set into a status where the processing of the next print data can be started. . . . (Id. at col. 7, l. 26, to col. 8, l. 56.) 4. Sommer discloses: a method of managing a queue of print jobs in a printer, wherein the jobs are created by specifying a data source and print parameters for each job, and the jobs are put into the print queue, and wherein, before print processing of a job in the queue begins, a start condition for the job is checked and printing is started only when the start condition is fulfilled, the method including the steps of checking a status of a mode indicator specifying whether the printer is in a “keep going” mode or a “keep sequence” mode; and when a job in the queue is reached for which the start condition is not fulfilled, (1) postponing processing of this job and proceeding with a next job, if any, for which the start condition is fulfilled, if the printer is in the “keep going” mode, or (2) stopping print processing, if the printer is in the “keep sequence” mode. (Sommer, col. 2, ll. 37-51.) 5. In particular, Sommer discloses: FIG. 2 is a flow chart of a decision routine which is executed repeatedly while an active job is being printed according to one embodiment of the present invention. . . . In step S1, it is checked whether the current job is completed. . . . Appeal 2012-003306 Application 11/185,867 8 If the current job is not yet completed (N), the routine loops back and repeats the same step S1, until the check has an affirmative result (Y). Then it is checked in step S2 whether a subsequent job exists in the print queue. If this is not the case (N), the print processing is stopped in step S3. Otherwise (Y) it is checked in step S4 whether there exists a flag indicating that the start condition for the subsequent job is not fulfilled. . . . If the start condition is fulfilled (Y) at step S4, the print processing of the next job is started in step (S5). . . . If the result in step S4 is negative (N), it is checked in step S6 whether the machine is in the “keep going” mode. If this is not the case (N), this means that the machine is in the “keep sequence” mode, and print processing is stopped in step S3. . . . After the operator has taken the necessary action in order to fulfill the start conditions and has pressed the start key 38, the printing process will be resumed. Thus, it is assured in this mode that the jobs will be printed exactly in the sequence in which they appear in the print queue 64. If it is found in step S6 that the machine is in the “keep going” mode (Y), the routine loops back to step S2, where it is now checked whether there is yet another job in the print queue. Then, the step S4 and the subsequent steps are executed as described above. As a result, the job for which the start condition has not been fulfilled is skipped, and if there is at least one other job in the print queue for which the start condition is fulfilled, this job becomes active and is moved to the top of the list in the queue, and the print processing will continue without being interrupted. (Id. at col. 7, l. 31, to col. 8, l. 19.) Analysis Noda discloses: a printing method of using a host which can set an auto retreat of print data and a print output apparatus which . . . is equipped with a memory device which can perform a retreat processing of the data . . . , wherein . . . the print output apparatus receives Appeal 2012-003306 Application 11/185,867 9 the print data sent from the host and discriminates whether the data can be normally printed or not on the basis of print attributes of the received print data and a status of the print output apparatus, . . . and when it is determined that the data cannot be normally printed, the print data is retreated to the memory device in accordance with the setting of the auto retreat, thereby enabling the printing of other print data to be executed. (Finding of Fact (FF) 1.) Similarly, Sommer discloses: a method of managing a queue of print jobs in a printer, . . . wherein, before print processing of a job in the queue begins, a start condition for the job is checked and printing is started only when the start condition is fulfilled, . . . and when a job in the queue is reached for which the start condition is not fulfilled, . . . postponing processing of this job and proceeding with a next job, if any, for which the start condition is fulfilled, if the printer is in the “keep going” mode. (FF 4.) We agree with the Examiner that these teachings suggest “managing print processing order of . . . print jobs, and carrying out control such that a shortage print job is skipped and the print processing is carried out with respect to each of succeeding print jobs coming after the shortage print job in the print processing order,” as recited in step (c) of claim 16. Noda also discloses a mode in which the auto retreat flag is not set (FF 3). In this case, the “whole processing is temporarily suspended” until “the user supplements the expendable supplies” (id.). Similarly, Sommer discloses a “keep sequence” mode in which print processing is stopped “when a job in the queue is reached for which the start condition is not fulfilled” (FF 4). We agree with the Examiner that these teachings suggest a mode in which “the print processing is suspended until supply of the source is detected . . . , such that [a] shortage print job . . . is not skipped for print Appeal 2012-003306 Application 11/185,867 10 processing with respect to the succeeding print job coming after the shortage job, until completion of the print processing of the shortage print job,” as recited in claim 16. However, in order to select the “keep sequence” mode, we agree with Appellant that the Examiner has not adequately explained how Noda and Sommer suggest: judging whether or not the shortage print job and a print job which comes just before the shortage print job need to be consecutively print-processed, by comparing (i) print job information, which is included in the shortage print job . . . , with (ii) print job information of the print job which comes just before the shortage print job, and by judging a correlation between the shortage print job and the print job which comes just before the shortage job in accordance with the comparison, as recited in claim 16 (App. Br. 12-16), much less a printing apparatus comprising a judgment section for making this judgment, as recited in claim 1 (id. at 5-11). In particular, the Examiner has not shown where either reference teaches this nor has the Examiner adequately explained why this would have been obvious. Conclusion The Examiner has not set forth a prima facie case of that Noda and Sommer render claims 1-10 and 13-17 obvious. We therefore reverse the obviousness rejection of these claims. II In rejecting claims 11 and 12, which ultimately depend from claim 1, the Examiner additionally relies on Suzuki (Ans. 10-12). However, the Examiner does not adequately explain how Suzuki overcomes the Appeal 2012-003306 Application 11/185,867 11 deficiencies of Noda and Sommer discussed above. We therefore also reverse the obviousness rejection of claims 11 and 12. REVERSED lp Copy with citationCopy as parenthetical citation