Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Response to Amendment
Claims 1-19 are pending in this application.
Title and Claim 9 has been amended [1/12/2026].
Response to Arguments
Applicant's arguments filed 1/12/2026 have been fully considered but they are not persuasive. On page 8, last paragraph to 10, first paragraph of Applicant’s Arguments, Applicant argues the reference, Osakabe fails to show all the elements and features of the claims because Osakabe does not teach ‘… in a state of being non-displaceable upstream and downstream in the movement direction’, because the integrated image sensor and the case rotate about the axis of the support shafts and therefore, the case is not only displaceable in the vertical direction but also in the upstream and downstream in the movement direction.
Examiner respectfully disagrees because Osakabe teaches a pair of support shafts extending in a longitudinal direction at respective ends of the case are vertically movably and rotatably fitted to guide grooves formed at respective ends of the carriage, where the image sensor and the case are integrally formed with each other, can rotate around an axis extending in a direction orthogonal to the direction of movement of the carriage (i.e. displaceable in relation to transparent flat plate) and parallel to the lower surfaces of the transparent members, and can move perpendicularly to the lower surfaces of the transparent members, the directions in which the image sensor within the case of the carriage is able to move is up and down (vertical) and not from right to left (horizontal, i.e. upstream and downstream movement direction) within the case of the carriage. The image sensor is only able to move upstream and downstream movement direction is the entire case that moves during reading [Figs 5 (38), 6 (35, 36, 37), par 0032, 0038-0042]. Therefore, Osakabe does teach all the elements and features of the claims.
The above response is applied to claims 1-19.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Osakabe (US-2010/0245950).
As to Claim 1, Osakabe teaches ‘A reading device comprising: a transparent flat plate, on an upper surface of which an object to be read is placed [Figs 1, 3 (31, 32), par 0024, 0026 – image reading apparatus including a first transparent member and a second transparent member]; a reading unit that reads information on the object to be read while moving in contact with a lower surface of the transparent flat plate [Fig 4 (35, 36, 37), par 0038, 0041 – original reading means includes a carriage, a case, and a contact image reading sensor having a small depth of focus that is disposed close to the lower surfaces of the transparent members]; a retainer that retains the reading unit by urging the reading unit to be pressed against the lower surface of the transparent flat plate [Fig 4 (35, 40), par 0038-0039 – carriage includes a coil spring that is disposed between a bottom plate of the carriage and a lower surface of a case, and urges the case including the contact image sensor upward by an urging means]; a guide member that supports and guides the retainer along a movement direction at a time of reading by the reading unit [Fig 4 (13), par 0032, 0038 – linear original reading means for reading an image recording surface of an original is placed on a linear guide member extending along the Y-axis directions, where carriage’s orientation is kept constant]; and a positioning structural member provided in at least one end of the reading unit and the retainer in a direction crossing the movement direction to position the reading unit so that the reading unit is maintained in a state of being displaceable relative to the retainer in a direction to be closer to and in a direction to be away from the transparent flat plate and in a state of being non-displaceable upstream and downstream in the movement direction [Fig 5 (38), par 0032, 0038-0042 – a pair of support shafts extending in a longitudinal direction at respective ends of the case are vertically movably and rotatably fitted to guide grooves formed at respective ends of the carriage, where the image sensor and the case are integrally formed with each other, can rotate around an axis extending in a direction orthogonal to the direction of movement of the carriage (i.e. displaceable in relation to transparent flat plate) and parallel to the lower surfaces of the transparent members, and can move perpendicularly to the lower surfaces of the transparent members, the directions in which the image sensor within the case of the carriage is able to move is up and down (vertical) and not from right to left (horizontal, i.e. upstream and downstream movement direction) within the case of the carriage]’.
As to Claim 2, Osakabe teaches ‘wherein the positioning structural member includes: a pair of fixed sections provided parallel to the direction to be closer to and the direction to be away from the transparent flat plate; and two contact sections that separately come into contact with the pair of fixed sections from upstream and downstream in the movement direction [Fig 5 (38, 39), par 0038 – a pair of support shafts extending in the longitudinal direction (X-axis direction) at respective ends of the case (i.e. contact sections) are vertically movably and rotatably fitted to guide grooves (i.e. fixed sections) formed at respective ends of the carriage]’.
As to Claim 3, Osakabe teaches ‘wherein the pair of fixed sections are provided facing each other with an interval in the movement direction, and the two contact sections are formed as portions that are inserted into a space between the pair of fixed sections to separately come into contact with the pair of fixed sections [Fig 5 (38, 39), par 0038 – support shafts are fitted to guide grooves in the longitudinal direction (i.e. movement direction), where the guide grooves are at respective ends of the carriage]’.
As to Claim 4, Osakabe teaches ‘wherein one of the pair of fixed sections is provided facing upstream in the movement direction, and the other fixed section is provided facing downstream in the movement direction with back against the one fixed section, and the two contact sections are formed as portions that interpose the pair of fixed sections from upstream and downstream in the movement direction, and separately come into contact with the fixed sections [Figs 4, 5 (38, 39), 6, 7A-D, par 0038-0058 – support shafts are fitted to guide grooves in the longitudinal direction (i.e. movement direction), where the guide grooves are at respective ends of the carriage and extends beyond a location corresponding to that of a lower-surface-side corner at one end of the first transparent member reaches the lower surface of the second transparent member and the first guide inclined surface is formed flush with the lower surface of the first transparent member]’.
As to Claim 5, Osakabe teaches ‘wherein the pair of fixed sections are formed as facing portions of a recessed section which is linearly recessed in the direction in which the reading unit is displaceable, and the two contact sections are formed as projecting portions of one body which is inserted in the recessed section, the portions separately facing upstream and downstream in the movement direction [Figs 4, 5 (38, 39), 6, 7A-D, par 0038-0058 – support shafts (i.e. two contact sections as projecting portions) are fitted to guide grooves (i.e. recessed section) in the longitudinal direction (i.e. movement direction), where the guide grooves are at respective ends of the carriage and extends beyond a location corresponding to that of a lower-surface-side corner at one end of the first transparent member reaches the lower surface of the second transparent member and the first guide inclined surface is formed flush with the lower surface of the first transparent member]’.
As to Claim 6, Osakabe teaches ‘wherein the pair of fixed sections are formed as sides that are present on both sides of a bulge member or a columnar member in an extension direction, the bulge member or the columnar member extending linearly in the direction in which the reading unit is displaceable, and the two contact sections are formed as portions of supports that are closely arranged and interpose the bulge member or the columnar member from upstream and downstream in the movement direction, the portions facing sides present on both sides of the bulge member or the columnar member [Figs 4, 5 (38, 39), 6, 7A-D, par 0038-0058 – support shafts (i.e. two contact sections as projecting portions) are fitted to guide grooves (i.e. recessed section) in the longitudinal direction (i.e. movement direction sliding up and/or down in relation to the transparent member and carriage movement), where the guide grooves are at respective ends of the carriage and extends beyond a location corresponding to that of a lower-surface-side corner at one end of the first transparent member reaches the lower surface of the second transparent member and the first guide inclined surface is formed flush with the lower surface of the first transparent member]’.
As to Claim 7, Osakabe teaches ‘wherein the two contact sections are formed as portions that have a tip end shape such that the contact sections gradually narrow as closer to the pair of fixed sections [Figs 7A-D (39) – when the carriage moves in a direction in which it passes from the horizontal first transparent member side to the downwardly inclined second transparent member, while, a first rotating roller passes beyond the one end portion of the first transparent member, and passes along the lower surface of the second transparent member (which is flush with the lower surface of the first transparent member) and the first guide inclined surface that follows the second transparent member, a second rotating roller slidably contacts the lower surface of the second guide member (which is at the same height as the lower surface of the first transparent member)]’.
As to Claim 8, Osakabe teaches ‘wherein when the reading unit is retained by the retainer, the two contact sections are positioned in an upper area of part of the at least one end of the retainer, the part being closer to the transparent flat plate [par 0038 – the pair of support shafts at respective ends of the case are vertically movably (i.e. closer to the transparent plate) and rotatably fitted to guide grooves]’.
As to Claim 9, Osakabe teaches ‘wherein the retainer is provided with the pair of fixed sections, and the reading unit is provided with the two contact sections [par 0038 – a pair of support shafts extending in the longitudinal direction (X-axis direction) at respective ends of the case (i.e. contact sections) are vertically movably and rotatably fitted to guide grooves (i.e. fixed sections) formed at respective ends of the carriage]’.
As to Claims 10-18, Osakabe teaches ‘An image forming apparatus comprising: the reading device according to claim 1; and an image forming unit that forms information read by the reading device as an image on a recording medium [Fig 1, par 0022 – multi-function apparatus includes a scanner function, copying function and printing function]’.
As to Claim 19, Osakabe teaches ‘A reading device comprising: means for placing an object to be read on an upper surface [Figs 1, 3 (31, 32), par 0024, 0026 – image reading apparatus including a first transparent member and a second transparent member]; means for reading information on the object to be read while moving in contact with a lower surface of the means for placing an object to be read [Fig 4 (35, 40), par 0038-0039 – carriage includes a coil spring that is disposed between a bottom plate of the carriage and a lower surface of a case, and urges the case including the contact image sensor upward by an urging means]; means for retaining the means for reading information by urging the means for reading information to be pressed against the lower surface of the means for placing an object to be read [Fig 4 (35, 40), par 0038-0039 – carriage includes a coil spring that is disposed between a bottom plate of the carriage and a lower surface of a case, and urges the case including the contact image sensor upward by an urging means]; means for supporting and guiding the means for retaining along a movement direction at a time of reading by the means for reading information [Fig 4 (13), par 0032, 0038 – linear original reading means for reading an image recording surface of an original is placed on a linear guide member extending along the Y-axis directions, where carriage’s orientation is kept constant]; and means provided in at least one end of the means for reading information and the means for retaining in a direction crossing the movement direction for positioning the means for reading information so that the means for reading information is maintained in a state of being displaceable relative to the means for retaining in a direction to be closer to and in a direction to be away from the means for placing an object to be read and in a state of being non-displaceable upstream and downstream in the movement direction [Fig 5 (38), par 0032, 0038-0042 – a pair of support shafts extending in a longitudinal direction at respective ends of the case are vertically movably and rotatably fitted to guide grooves formed at respective ends of the carriage, where the image sensor and the case are integrally formed with each other, can rotate around an axis extending in a direction orthogonal to the direction of movement of the carriage (i.e. displaceable in relation to transparent flat plate) and parallel to the lower surfaces of the transparent members, and can move perpendicularly to the lower surfaces of the transparent members, the directions in which the image sensor within the case of the carriage is able to move is up and down (vertical) and not from right to left (horizontal, i.e. upstream and downstream movement direction) within the case of the carriage]’.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MIYA J CATO/Primary Examiner, Art Unit 2681