Ex Parte Askeland et al - Page 7

               Appeal 2007-0960                                                                             
               Application 10/066,529                                                                       
                                                                                                           
                                               ANALYSIS                                                     
                                        The Anticipation Rejection                                          
                      We first consider the Examiner’s rejection of claims 3, 24, 27, and 31                
               under 35 U.S.C. § 102(b) as being anticipated by Smith.  Regarding                           
               independent claims 24, 27, and 31, we agree with the Examiner that Smith                     
               reasonably teaches 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 as claimed.  Moreover,                  
               we agree with the Examiner that Smith’s thermal response model of the                        
               printhead assembly in effect includes parameters depending on whether the                    
               ejection elements have been fired or not been fired essentially for the                      
               reasons stated by the Examiner (Answer 7).                                                   
                      At the outset, we note that Smith expressly states that printhead                     
               temperature varies with the use profile of the printhead (Smith, col. 1, ll. 15-             
               17); see also id., at col. 1, ll. 43-48 (“Many things influence the temperature              
               of the nozzle…[including] the amount of use a particular nozzle gets…”).                     
                      Second, we note that controlling the temperature of a printhead                       
               involves estimating the actual temperature of the printhead.  This                           
               temperature estimation, however, is necessarily based on all three claimed                   
               factors as will be explained below.                                                          
                      Smith teaches that the output of the thermistor is used to achieve “a                 
               close estimate” of the printhead temperature (Smith, col. 1, ll. 62-64; Figs. 1,             
               2A-2B).  Smith further teaches that thermal models of the pens or printheads                 
               are used in conjunction with the temperature sensors as well as the nozzles’                 



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