Ex Parte Askeland et al - Page 4

               Appeal 2007-0960                                                                             
               Application 10/066,529                                                                       
                                                                                                           
                      Appellants argue that Smith is directed to compensating and                           
               controlling the temperature of the printhead or pen.  Although Appellants                    
               note that Smith estimates the printhead temperature to ultimately control its                
               temperature, this estimation is based solely on the temperature sensors--not                 
               the three enumerated elements that estimate the printhead assembly’s                         
               temperature as claimed.  In this regard, Appellants argue that the use profile               
               described in Smith is not used to estimate the printhead temperature, but                    
               rather to control printhead temperature and maintain uniformity in the ink                   
               drops (Br. 6-8; Reply Br. 2-3).                                                              
                      The Examiner argues that Smith uses the measured/current                              
               temperature (thermistor output) in conjunction with thermal models (thermal                  
               response) that is compared with the nozzle profile (ejection history) to                     
               control the printhead temperature.  Regarding the thermal model, the                         
               Examiner notes that Smith’s uses two parameters that are directly affected                   
               by the use profile of the nozzle (i.e., whether the ejection elements have                   
               been fired or not).  According to the Examiner, at low printhead                             
               temperatures, the nozzle has not been fired or has been unused for a period                  
               of time.  At high temperatures, however, the Examiner notes that the nozzle                  
               has been fired or used frequently.                                                           
                      For the reasons that follow, we affirm.                                               

                                                 ISSUES                                                     
                      (1) Have Appellants established that the Examiner erred in finding                    
               that Smith estimates an actual temperature of the printhead assembly based                   
               on (1) a measured or current operating temperature of the printhead                          



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