Prosecution Insights
Last updated: April 19, 2026
Application No. 18/177,274

IMAGE FORMING APPARATUS, NON-TRANSITORY COMPUTER READABLE MEDIUM, AND IMAGE FORMING METHOD

Final Rejection §102§103
Filed
Mar 02, 2023
Examiner
HUNTSINGER, PETER K
Art Unit
2682
Tech Center
2600 — Communications
Assignee
Fujifilm Business Innovation Corp.
OA Round
2 (Final)
28%
Grant Probability
At Risk
3-4
OA Rounds
4y 11m
To Grant
45%
With Interview

Examiner Intelligence

Grants only 28% of cases
28%
Career Allow Rate
90 granted / 322 resolved
-34.0% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 11m
Avg Prosecution
59 currently pending
Career history
381
Total Applications
across all art units

Statute-Specific Performance

§101
9.3%
-30.7% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 322 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 1-8 are currently pending. The objection to the tile of the invention is withdrawn due to Applicant’s amendment. Response to Arguments Applicant's arguments filed 12/23/25 have been fully considered but they are not persuasive. The Applicant argues on page 7 of the response in essence that: Maehira does not disclose determining whether to add a blank page at a location where the blank page has been removed previously, let alone determining to add a blank page when the number of consecutive pages previously removed at the location is an odd number. Maehira discloses that if the page attributes are the same, printer driver 23 may determine that a blank page has been removed from therebetween, and the procedure may proceed to Step S704 (paragraph 135). In Step S704, printer driver 23 may insert a blank page between the page of interest and the next page (paragraph 136). Determining that a blank page has been removed is determining that an odd number of pages has been removed. Claim Rejections - 35 USC § 102 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. Claims 1-4, 7 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maehira US Publication 2013/0061134 (hereafter “Maehira”). Referring to claims 1, 7 and 8, Maehira discloses an image forming apparatus comprising: a processor configured to: determine a location where a blank page has been removed in a digital file of multiple pages, the digital file being created by reading a document formed on duplex pages (paragraph 135, In Step S703, printer driver 23 may determine whether a page attribute of the page of interest is the same as a page attribute of a next page. If the page attributes are the same, printer driver 23 may determine that a blank page has been removed from therebetween, and the procedure may proceed to Step S704), upon receiving instructions to perform duplex printing of the digital file, before printing, insert an unprinted page at the determined location in the digital file if a number of consecutive blank pages removed at the determined location between unremoved pages is an odd number of one, three or more (paragraph 136, In Step S704, printer driver 23 may insert a blank page between the page of interest and the next page, and may attach to the inserted blank page a page attribute different from that of the page of interest [i.e. removed blank pages is one]). Referring to claim 2, Maehira discloses wherein each page of the digital file is attached with information on a page of the document (paragraph 117-118, In Step S505, scanner driver 24 may attach, to the acquired image data, attribute information indicating that the acquired image data is generated by scanning a front side of the original. In Step S506, scanner driver 24 may attach, to the acquired image data, attribute information indicating that the acquired image data is generated by scanning a back side of the original). Referring to claim 3, Maehira discloses wherein the information on the page of the document indicates whether the page is a front page or a back page (paragraph 117-118, In Step S505, scanner driver 24 may attach, to the acquired image data, attribute information indicating that the acquired image data is generated by scanning a front side of the original. In Step S506, scanner driver 24 may attach, to the acquired image data, attribute information indicating that the acquired image data is generated by scanning a back side of the original). Referring to claim 4, Maehira discloses wherein the processor is configured to, if front pages are consecutive or back pages are consecutive, perform the duplex printing with the unprinted page inserted between the consecutive front pages or between the consecutive back pages (paragraph 135-136, In Step S703, printer driver 23 may determine whether a page attribute of the page of interest is the same as a page attribute of a next page. If the page attributes are the same, printer driver 23 may determine that a blank page has been removed from therebetween, and the procedure may proceed to Step S704. In Step S704, printer driver 23 may insert a blank page between the page of interest and the next page, and may attach to the inserted blank page a page attribute different from that of the page of interest). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Maehira US Publication 2013/0061134 as applied to claim 1 above, and further in view of Imine US Publication 2011/0075187 (hereafter “Imine”). Referring to claim 5, Maehira discloses wherein the processor is configured to perform the duplex printing of the digital file without inserting the unprinted page at the determined location (paragraph 135, If page attributes are different from each other, the procedure may proceed to Step S705), but does not disclose expressly that removed blank pages are consecutive by an even number. Imine discloses wherein the processor is configured to, if the number of consecutive blank pages removed at the determined location between the unremoved pages is an even number, perform the duplex printing of the digital file without inserting the unprinted page at the determined location (paragraph 141, a step of deleting all blank pages existing between the fixed pages in a case where the determination result in the above-described step (3) is an even number). At the time of the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to perform duplex printing without printing consecutive blank pages. The motivation for doing so would have been to reduce printing waste while maintaining the desired output layout. Therefore, it would have been obvious to combine Imine with Maehira to obtain the invention as specified in claim 5. Referring to claim 6, Maehira discloses wherein the processor is configured to perform the duplex printing of the digital file without inserting the unprinted page at the determined location, if information attached to each page of the digital file indicates whether a respective page of the document is a front page or a back page and indicates that front pages are not consecutive or back pages are not consecutive (paragraph 135, If page attributes are different from each other, the procedure may proceed to Step S705). 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER K HUNTSINGER whose telephone number is (571)272-7435. The examiner can normally be reached Monday - Friday 8:30 - 5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benny Q Tieu can be reached at 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PETER K HUNTSINGER/Primary Examiner, Art Unit 2682
Read full office action

Prosecution Timeline

Mar 02, 2023
Application Filed
May 04, 2023
Response after Non-Final Action
Sep 19, 2025
Non-Final Rejection — §102, §103
Dec 23, 2025
Response Filed
Jan 12, 2026
Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
28%
Grant Probability
45%
With Interview (+16.7%)
4y 11m
Median Time to Grant
Moderate
PTA Risk
Based on 322 resolved cases by this examiner. Grant probability derived from career allow rate.

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