Ex Parte KIM - Page 6




          Appeal No. 2001-0865                                                        
          Application 08/998,781                                                      

          printer (claims 1, 3, 5, and 7) and it never describes that a               
          print environment recognition operation commences before the                
          expiry of the transmission time, wherein the transmission time is           
          the time required to transmit data to a printer (claim 13)                  
          (Br12); i.e., it does not teach difference (3).                             
               The examiner finds that Saruwatari teaches (abstract;                  
          col. 1, lines 60-65) detecting environmental conditions such as             
          temperature, humidity, and atmospheric pressure at the time of              
          forming an image, which the examiner interprets to be the print             
          recognition time (EA4).  Thus, the examiner states, "Saruwatari             
          has at least disclosed the claim limitation 'a detection of the             
          environmental conditions is to be performed at a print                      
          recognition time' and the print recognition time is the time that           
          the image forming apparatus forms an image" (EA9).  Presumably,             
          the examiner refers to the limitation "performing a print                   
          environment recognition operation at a print recognition time."             
               The examiner states that in order to form an image in                  
          Zimmerman, image data would have to be transmitted from the host            
          to the printer and, therefore, the image forming time would have            
          to depend on (be determined by) the transmission time, and the              
          print environment recognition operation would be performed during           
          that transmission time (EA4-5; EA9).  It is further stated that             
          the "optimum" time for a printer to print a page is the time                
          (transmission time) that it takes to transmit the print data for            

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