Ex Parte Askeland et al - Page 3

               Appeal 2007-0960                                                                             
               Application 10/066,529                                                                       
                                                                                                           
                      The Examiner relies on the following prior art references to show                     
               unpatentability:                                                                             
               Smith                     US 4,791,435              Dec. 13, 1988                            
               Prakash                   US 6,302,507 B1           Oct. 16, 2001                            

                      The Examiner’s rejections are as follows:                                             
                   1. Claims 3, 24, 27, and 31 are rejected under 35 U.S.C. § 102(b) as                     
                      being anticipated by Smith.                                                           
                   2. Claims 4-11, 21, 22, 25, 28, 30, and 32 are rejected under 35 U.S.C.                  
                      § 103(a) as unpatentable over Smith in view of Prakash.                               
                      Rather than repeat the arguments of Appellants or the Examiner, we                    
               refer to the Briefs and the Answer for their respective details.  In this                    
               decision, we have considered only those arguments actually made by                           
               Appellants.  Arguments which Appellants could have made but chose not to                     
               make in the Briefs have not been considered and are deemed to be waived.                     
               See 37 C.F.R. § 41.37(c)(1)(vii).                                                            
                      The Examiner has indicated how the claimed invention is deemed to                     
               be fully met by the disclosure of Smith (Answer 3-4).  Regarding the                         
               independent claims, Appellants argue that Smith does not disclose                            
               estimating an actual temperature of the printhead assembly based on (1) a                    
               measured or current operating temperature of the printhead assembly; (2) a                   
               thermal response model of the printhead assembly; and (3) an ejection                        
               history of the ejection elements, wherein the thermal response model                         
               includes (a) a first set of parameters when the ejection elements have been                  
               fired, and (b) a second set of parameters when the ejection elements have not                
               been fired as claimed (Br. 7, 10; Reply Br. 3).                                              


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