Prosecution Insights
Last updated: May 29, 2026
Application No. 18/179,611

COLLECTING DEVICE AND IMAGE FORMING APPARATUS

Non-Final OA §102§103
Filed
Mar 07, 2023
Priority
Sep 27, 2022 — JP 2022-153546
Examiner
WALSH, RYAN D
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Fujifilm Business Innovation Corp.
OA Round
2 (Non-Final)
87%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
898 granted / 1034 resolved
+18.8% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
25 currently pending
Career history
1057
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
60.1%
+20.1% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1034 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 . 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) 1–5, 8–10, 12–16, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawabata (JP 2010054684). Regarding claim 1, Kawabata teaches, “A collecting device (see at least Fig. 3 and 7; ref. # 40) comprising: a collecting path (along 31, 32, 33, 34, 35, 36, including 43 in 41) for a developer; at least one transport member (43) that is disposed in the collecting path and that transports the developer by rotating; a driving unit (54) that drives, by receiving electric power, the transport member (43) in such a manner that the transport member rotates; a detecting unit (55) that detects a load applied to the driving unit due to transportation of the developer; and a control unit (50A) that controls the driving unit based on the load detected by the detecting unit (see English translation, pages 11–13; description related to Fig. 9–11).” Regarding claim 2, Kawabata teaches, “wherein the control unit (50A) extends a rotation time of the transport member when the detected load exceeds a threshold (see English translation, second to last paragraph of page 11).” Regarding claim 3, Kawabata teaches, “wherein the threshold is set in stages, and wherein the control unit changes, in accordance with the threshold that the detected load exceeds, a length of time to which the rotation time of the transport member is extended (see English translation, discussion related to set values, second to last paragraph of page 11 through page 13).” Regarding claim 4, Kawabata teaches, “wherein the control unit increases the number of rotations of the transport member when the detected load exceeds a threshold (see English translation, second to last paragraph of page 11 through page 13; rotations increased when continuous rotation occurs).” Regarding claim 5, Kawabata teaches, “wherein the threshold is set in stages, and wherein the control unit changes, in accordance with the threshold that the detected load exceeds, an amount by which the control unit increases the number of rotations of the transport member (see English translation, discussion related to set values and rotations increased when continuous rotation occurs; second to last paragraph of page 11 through page 13).” Regarding claim 8, Kawabata teaches, “a collecting-path component (40, 41) that is included in the collecting path and that is detachable from the collecting path, wherein, when the detected load exceeds a first threshold, the control unit performs at least one of control for extending a rotation time of the transport member, control for increasing the number of rotations of the transport member, and control for causing the transport member to repeatedly perform forward and reverse rotations after an operation of collecting the developer is completed, and wherein, when the detected load exceeds a second threshold that is greater than the first threshold (see English translation, discussion related to set values, second to last paragraph of page 11 through page 13), the control unit (50A) performs control for issuing a notification to replace the collecting-path component to outside (see English translation, page 12, first paragraph).” Regarding claim 9, Kawabata teaches, “wherein the collecting-path component forming a downstream-side portion of the collecting path in a transport direction of the developer is a collecting container that collects the developer (40, 41 are downstream along 31–36, 40, 41; see Fig. 2). Regarding claim 10, Kawabata teaches, “wherein a use device (40, 41) that uses the developer is disposed on the collecting path (41 uses developer by being stored inside it), wherein the developer used by the use device is collected in the collecting path (41 is part of the collecting path, thus developer is used by it and collected inside), wherein, when the detected load exceeds a first threshold, the control unit performs at least one of control for extending a rotation time of the transport member, control for increasing the number of rotations of the transport member (see English translation, discussion related to set values, second to last paragraph of page 11 through page 13), and control for causing the transport member to repeatedly perform forward and reverse rotations after an operation of collecting the developer is completed, and wherein, when the detected load exceeds a second threshold that is greater than the first threshold, the control unit (50A) performs control for issuing a notification to replace the use device to outside (see English translation, page 12, first paragraph). Regarding claims 12–16, 19, and 20, Kawabata teaches, “An image forming apparatus comprising: an image forming section that forms an image onto a recording medium by using a developer; and the collecting device according to claim 1 that collects the developer used by the image forming section (see Fig. 1, image forming part GH, including collecting device 40, 41).” Claim Rejections - 35 USC § 103 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 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. Claim(s) 6, 7, 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawabata (JP 2010054684) in view of Honjoh et al. (US Pub. # 20110052225), hereinafter referred to as Honjoh. Regarding claims 6 and 7, Kawabata does not necessarily teach, “wherein, when the detected load exceeds a threshold, the control unit causes the transport member to alternately and repeatedly perform forward and reverse rotations after an operation of collecting the developer is completed; wherein the threshold is set in stages, and wherein the control unit changes, in accordance with the threshold that the detected load exceeds, a length of time to which a period of time during which the transport member repeatedly performs forward and reverse rotations is extended.” However, Honjoh teaches the deficiencies of Kawabata (see at least para. [0027–0048 and 0056–0058], Fig. 2–9, and discussion related to forward/reverse repeated rotation in combination with the torque threshold and further adjusting threshold when torque is increased due to increase in fill quantity). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Kawabata’s invention to include wherein, when the detected load exceeds a threshold, the control unit causes the transport member to alternately and repeatedly perform forward and reverse rotations after an operation of collecting the developer is completed; wherein the threshold is set in stages, and wherein the control unit changes, in accordance with the threshold that the detected load exceeds, a length of time to which a period of time during which the transport member repeatedly performs forward and reverse rotations is extended. The ordinary artisan would have been motivated to modify Kawabata’s invention for at least the purpose of ensuring the level of developer in the container is maintained at a relatively consistent level when approaching uneven levels in different areas of the device, thus maximizing the entire area of the container and drivability of the transport members. Regarding claims 17 and 18, Kawabata teaches, “An image forming apparatus comprising: an image forming section that forms an image onto a recording medium by using a developer; and the collecting device according to claim 1 that collects the developer used by the image forming section (see Fig. 1, image forming part GH, including collecting device 40, 41).” Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawabata (JP 2010054684) in view of Tsurusaki (US Pub. # 20050058475). Regarding claim 11, Kawabata teaches, “wherein the at least one transport member includes a plurality of transport members, wherein the plurality of transport members are arranged in the collecting path (see English translation, pages 7– 8, and discussion related to transport path 31–36, 40, and 41).” Kawabata does not appear to teach, “wherein each of the plurality of transport members rotates by receiving a driving force from a single driving unit that is the driving unit.” However, Tsurusaki teaches the deficiencies of Kawabata (see para. [0104–0106, 0115]). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Kawabata’s invention to include wherein each of the plurality of transport members rotates by receiving a driving force from a single driving unit that is the driving unit. The ordinary artisan would have been motivated to modify Kawabata’s invention for at least the purpose of ensuring a reduction of parts within the conveying device while also providing a more compact apparatus. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO–892 form. The references cited herewith teach image forming apparatuses with configurations similar to the present application, including conveyance control of developer throughout the device. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D WALSH whose telephone number is (571)272-2726. The examiner can normally be reached M-F, 8:30am-6:30pm. 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, Walter Lindsay can be reached at 571-272-1674. 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. /RYAN D WALSH/Primary Examiner, Art Unit 2852
Read full office action

Prosecution Timeline

Mar 07, 2023
Application Filed
Aug 09, 2023
Response after Non-Final Action
Oct 29, 2025
Non-Final Rejection mailed — §102, §103
Jan 29, 2026
Response Filed
Jan 29, 2026
Response after Non-Final Action
Apr 13, 2026
Response Filed
May 28, 2026
Final Rejection (signed) — §102, §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
87%
Grant Probability
92%
With Interview (+5.3%)
2y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1034 resolved cases by this examiner. Grant probability derived from career allowance rate.

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