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 .
Response to Arguments
In view of the amendment to the title, the objection to the specification is withdrawn.
In view of the amendment dated 2/26/2026, the 35 USC 112(f) interpretation is withdrawn.
In view of the amendment to claim 15, the objection to claim 15 is withdrawn.
In view of the amendment to claims 5-7, the 35 USC 112(b) rejection is withdrawn.
Applicant's arguments filed 2/26/2026 regarding the 35 USC 102/103 rejection of claims 1-15 have been fully considered but they are not persuasive. The applicant argues on page 13 that the cited prior art to Yoshita “lacks any teaching that a housing together with a calibration plate forms a single calibrating unit that is movable about a rotating shaft so as to transition between the claimed closing and opening positions relative to the sensor.” The Examiner respectfully disagrees with the applicant’s assessment. In looking at Figures 3-5 of Yoshita, the structure backing 204a/204b and facing surface 206a/206b are analogous to the claimed calibrating unit. The facing surface 206a/206b includes the reflective surface that is imaged by a reading sensor 119a/119b that is analogous to the claimed calibration plate. The facing surface 206a/206b is disposed, i.e., housed, on the structure 204a/204b that can be interpreted to be analogous to the claimed housing. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The application of Yoshita as applied is maintained.
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) 1-6, 8-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshita (US Pub No. 20170142288).
Claim 1: Yoshita discloses an image reading device [Abstract] comprising:
a sensor that reads an image on a surface of a medium [image capturing devices 119a & 119b, p0049]; and
a calibrating unit, comprising a calibration plate and a housing, that is disposed to face the sensor with the medium disposed therebetween and that calibrates the reading unit [backing plates 204a & 204b [housing] including facing surfaces 206a & 206b [calibration plate], p0049],
wherein the calibrating unit is supported such that the calibrating unit is movable about a rotating shaft between a closing position at which the calibrating unit faces the sensor and an opening position at which the calibrating unit is separated from the sensor [cam 207a and 207b rotates the backing plates 204a & 204b [housing] including facing surfaces 206a & 206b into a position not facing [i.e., open position] the image capturing devices 119a & 119b, p0049], and
wherein the calibrating unit is positioned with respect to the sensor when the calibrating unit is moved to the closing position [cams 207a and 207b rotates the backing plates 204a & 204b [housing] including facing surfaces 206a & 206b into a position facing [i.e., closed position] the image capturing devices 119a & 119b, p0050].
Claim 2: Yoshita discloses the image reading device according to claim 1, wherein the sensor is not supported by a drawer that is pulled out and inserted in a width direction of the medium [as shown in at least Figure 2].
Claim 3: Yoshita discloses the image reading device according to claim 1, further comprising: a positioning part provided on the sensor [cams 207a and 207b, p0049-0050]; and a part to be positioned that is provided on the calibrating unit and positioned in direct contact with the positioning part [backing plates 204a & 204b including facing surfaces 206a & 206b, p0049-0050].
Claim 4: Yoshita discloses the image reading device according to claim 3, wherein the positioning part is constituted by a portion of a housing of the sensor, and wherein the part to be positioned is constituted by a portion of the housing of the calibrating unit [cams 207a and 207b rotates the backing plates 204a & 204b including facing surfaces 206a & 206b into a position facing or not facing the image capturing devices 119a & 119b, p0049-0050].
Claim 5: Yoshita discloses the image reading device according to claim 1, further comprising: a handle that is supported by the calibrating unit [as shown in at least Figure 7, p0062] and that is capable of being operated to move between a retaining position at which the handle retains the calibrating unit at the closing position and a releasing position at which the handle releases the calibrating unit from the closing position [cams 207a and 207b [i.e., handle] rotates the backing plates 204a & 204b including facing surfaces 206a & 206b [i.e., calibration unit] into a position facing or not facing [i.e., retaining position] the image capturing devices 119a & 119b, p0049-0050]; and a latch that is in contact with a retaining projection when the handle is moved to the closing position and when the operation unit is moved to the retaining position [first cam 207a and the second cam 207b have contacted portions 239a and 239b [i.e., latch] … force in the direction opposite to arrows A15, A16 is applied to the cam 207 by a spring (not shown), and as depicted in FIG. 7A, the cam 207 is engaged in the state as depicted in FIG. 7A in the state where the transmission member 235 is not in contact with the cam 207. Accordingly, in the state as depicted in FIG. 7A, the backing 204 is set in the facing position [i.e., closed position], p0063-0064].
Claim 6: Yoshita discloses the image reading device according to claim 5, further comprising: a torsion spring that applies a force that pushes the handle toward the retaining position, wherein the handle is configured such that the handle receives a reaction force from the latch in response to the force applied by the torsion spring on a contact surface between the handle at the retaining position and the latch, the reaction force having a component in a direction in which the calibrating unit approaches the sensor [force in the direction opposite to arrows A15, A16 is applied to the cam 207 by a spring (not shown), and as depicted in FIG. 7A, the cam 207 is engaged in the state as depicted in FIG. 7A in the state where the transmission member 235 is not in contact with the cam 207. Accordingly, in the state as depicted in FIG. 7A, the backing 204 is set in the facing position, p0064 & p0069].
Claim 8: Yoshita discloses an image forming apparatus comprising: a photoconductor that records an image on a medium [generate digital image data, and outputs the digital image data to the CPU 150 … the image generator 152 causes the image capturing device 119 to read the conveyed document … image generator 152 stores the read image to the storage 143 [e.g., computer readable medium], p0073 & p0111-0113]; and the image reading device according to claim 1 [as above] that reads the image recorded on the medium by the photoconductor [first image capturing device 119a includes an image capturing sensor of a reduced optical system type having an image capturing device based on CCD (Charge Coupled Device) arranged in a linear manner in a main scanning direction … the image generator 152 causes the image capturing device 119 to read the conveyed document, and obtains the read image via the A/D converter 140, p0044 & p0111].
Claim 9: Yoshita discloses an image forming apparatus comprising: a photoconductor that records an image on a medium [generate digital image data, and outputs the digital image data to the CPU 150 … the image generator 152 causes the image capturing device 119 to read the conveyed document … image generator 152 stores the read image to the storage 143 [e.g., computer readable medium], p0073 & p0111-0113]; and the image reading device according to claim 2 [as above] that reads the image recorded on the medium by the photoconductor [first image capturing device 119a includes an image capturing sensor of a reduced optical system type having an image capturing device based on CCD (Charge Coupled Device) arranged in a linear manner in a main scanning direction … first A/D converter 140a performs analog digital conversion to convert an analog image signal which is output from the first image capturing device 119a, and generate digital image data, and outputs the digital image data to the CPU 150, p0044 & p0073].
Claim 10: Yoshita discloses an image forming apparatus comprising: a photoconductor that records an image on a medium [generate digital image data, and outputs the digital image data to the CPU 150 … the image generator 152 causes the image capturing device 119 to read the conveyed document … image generator 152 stores the read image to the storage 143 [e.g., computer readable medium], p0073 & p0111-0113]; and the image reading device according to claim 3 [as above] that reads the image recorded on the medium by the photoconductor [first image capturing device 119a includes an image capturing sensor of a reduced optical system type having an image capturing device based on CCD (Charge Coupled Device) arranged in a linear manner in a main scanning direction … first A/D converter 140a performs analog digital conversion to convert an analog image signal which is output from the first image capturing device 119a, and generate digital image data, and outputs the digital image data to the CPU 150, p0044 & p0073].
Claim 11: Yoshita discloses an image forming apparatus comprising: a photoconductor that records an image on a medium [generate digital image data, and outputs the digital image data to the CPU 150 … the image generator 152 causes the image capturing device 119 to read the conveyed document … image generator 152 stores the read image to the storage 143 [e.g., computer readable medium], p0073 & p0111-0113]; and the image reading device according to claim 4 [as above] that reads the image recorded on the medium by the photoconductor [first image capturing device 119a includes an image capturing sensor of a reduced optical system type having an image capturing device based on CCD (Charge Coupled Device) arranged in a linear manner in a main scanning direction … first A/D converter 140a performs analog digital conversion to convert an analog image signal which is output from the first image capturing device 119a, and generate digital image data, and outputs the digital image data to the CPU 150, p0044 & p0073].
Claim 12: Yoshita discloses an image forming apparatus comprising: a photoconductor that records an image on a medium [generate digital image data, and outputs the digital image data to the CPU 150 … the image generator 152 causes the image capturing device 119 to read the conveyed document … image generator 152 stores the read image to the storage 143 [e.g., computer readable medium], p0073 & p0111-0113]; and the image reading device according to claim 5 [as above] that reads the image recorded on the medium by the photoconductor [first image capturing device 119a includes an image capturing sensor of a reduced optical system type having an image capturing device based on CCD (Charge Coupled Device) arranged in a linear manner in a main scanning direction … first A/D converter 140a performs analog digital conversion to convert an analog image signal which is output from the first image capturing device 119a, and generate digital image data, and outputs the digital image data to the CPU 150, p0044 & p0073].
Claim 13: Yoshita discloses an image forming apparatus comprising: a photoconductor that records an image on a medium [generate digital image data, and outputs the digital image data to the CPU 150 … the image generator 152 causes the image capturing device 119 to read the conveyed document … image generator 152 stores the read image to the storage 143 [e.g., computer readable medium], p0073 & p0111-0113]; and the image reading device according to claim 6 [as above] that reads the image recorded on the medium by the photoconductor [first image capturing device 119a includes an image capturing sensor of a reduced optical system type having an image capturing device based on CCD (Charge Coupled Device) arranged in a linear manner in a main scanning direction … first A/D converter 140a performs analog digital conversion to convert an analog image signal which is output from the first image capturing device 119a, and generate digital image data, and outputs the digital image data to the CPU 150, p0044 & p0073].
Claim 15: the device herein has been executed or performed by the device of claim 1 and is therefore likewise rejected.
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) 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshita as applied above.
Claim 7: Yoshita discloses the image reading device according to claim 6, wherein the calibrating unit includes a first calibrating unit, comprising a first calibration plate and a first housing, disposed to face an upper surface of the medium in a direction of gravity and a second calibrating unit, comprising a second calibration plate and a second housing, disposed to face a lower surface of the medium in the direction of gravity [as shown in at least Figure 2], wherein the handle includes a first handle provided on the first calibrating unit and a second handle provided on the second calibrating unit, wherein the torsion spring includes a first torsion spring provided on the first calibrating unit and a second torsion spring provided on the second calibrating unit, the second torsion spring applying a force equal to a force applied by the first torsion spring [A force in the direction opposite to arrows A15, A16 is applied to the cam 207 by a spring (not shown), and as depicted in FIG. 7A, the cam 207 is engaged in the state as depicted in FIG. 7A in the state where the transmission member 235 is not in contact with the cam 207. Accordingly, in the state as depicted in FIG. 7A, the backing 204 is set in the facing position … when the backing driving device 231 is rotated in the opposite direction while the first cam 207a and the second cam 207b are pivoting … the transmission member 235 slides and moves in the direction of the arrow A24, and the first cam 207a and the second cam 207b rotates in the directions of the arrows A25, A26 by the force of the spring. Then, in the state as depicted in FIG. 8C, the first backing 204a and the second backing 204b are set at the facing position, p0064 & p0069], and wherein a reaction force received by the second handle at a contact surface between the second handle and the second latch is greater than a reaction force received by the first handle at a contact surface between the first operation unit and the first latch by an amount corresponding to a weight of the second calibrating unit disposed at a lower side in the direction of gravity.
Yoshita does not explicitly discuss gravitational influence.
Yoshita does disclose a similarly designed image reading device where the reading device include sub-assemblies [p0049] that are positioned opposite each other along the paper path where one is located in an upper area [p0060] to read the paper front surface and the other is located in a lower area lower than the upper area [p0059] to read the paper rear surface [configuration as shown in Figure 2 with a side view in Figures 6-8 of the assembly, p0061] while movably adjusting the calibration unit.
It would have been obvious to persons of ordinary skill in the art before the effective filing date of the invention to have recognized the inherent physical effect of gravitational forces in the invention of Yoshita wherein a reaction force received by the second handle at a contact surface between the second handle and the second latch is greater than a reaction force received by the first handle at a contact surface between the first handle and the first latch by an amount corresponding to a weight of the second calibrating unit disposed at a lower side in the direction of gravity as shown in the configuration of the apparatus as taught by Yoshita to potentially require more or less compensation to properly move the sub-assemblies. See MPEP 2112.
Claim 14: Yoshita discloses an image forming apparatus comprising: a photoconductor that records an image on a medium [generate digital image data, and outputs the digital image data to the CPU 150 … the image generator 152 causes the image capturing device 119 to read the conveyed document … image generator 152 stores the read image to the storage 143 [e.g., computer readable medium], p0073 & p0111-0113]; and the image reading device according to claim 7 [as above] that reads the image recorded on the medium by the photoconductor [first image capturing device 119a includes an image capturing sensor of a reduced optical system type having an image capturing device based on CCD (Charge Coupled Device) arranged in a linear manner in a main scanning direction … first A/D converter 140a performs analog digital conversion to convert an analog image signal which is output from the first image capturing device 119a, and generate digital image data, and outputs the digital image data to the CPU 150, p0044 & p0073].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xu, US Patent No. 9939770, discloses a system including a calibration unit for imaging an upper side of a medium and a calibration unit for imaging a lower side of a medium.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BARBARA D REINIER whose telephone number is (571)270-5082. The examiner can normally be reached M-Tu 10am - 6pm.
Examiner interviews are available via telephone 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 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.
/BARBARA D REINIER/Primary Examiner, Art Unit 2682
Prosecution Insights