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 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: first and second position correcting components and a changing component first appearing in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1, 4-7, and 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamaya US 9,776,818 (“Hamaya”).
Regarding claim 1, Hamaya disclosed a sheet transporting device comprising:
first and second position correcting components (200, 300) provided at respective positions in a direction of sheet transport and each being configured to correct a position of a sheet in a direction (D2) intersecting the direction (D1) of sheet transport by being shifted in the direction intersecting the direction of sheet transport while holding the sheet; and
a changing component (50) capable of changing an amount of correction of the position of the sheet individually for the first and second position correcting components.
Regarding claim 4, Hamaya disclosed the changing component changes the amount of correction of the position of the sheet individually for the first and second position correcting components with reference to a characteristic relevant to sheet transport (column 7, lines 22-38).
Regarding claim 5, Hamaya disclosed the characteristic relevant to sheet transport to be referred to by the changing component in changing the amount of correction of the position of the sheet individually for the first and second position correcting components includes at least one of a length of the sheet in the direction of sheet transport, a basis weight of the sheet, a material of the sheet, and a mode of sheet transport (column 7, lines 22-38).
Regarding claim 6, the amount of correction of the position of the sheet that is determined by the changing component for each of the first and second position correcting components may be greater for a greater basis weight of the sheet (see also column 10, lines 17-33).
Regarding claims 7, and 10-12, Hamaya disclosed an image forming apparatus comprising: an image forming component configured to form an image on a sheet (Figure 1); and a sheet transporting component (Figure 1 and 2) configured to transport the sheet, wherein the sheet transporting component is the sheet transporting device according to claim 1, as mentioned above.
Regarding claim 13, Hamaya disclosed a sheet transporting device comprising:
first and second position correcting means (200, 300) for correcting a position of a sheet that are provided at respective positions in a direction of sheet transport and are each configured to correct a position of the sheet in a direction intersecting the direction of sheet transport by being shifted in the direction intersecting the direction of sheet transport while holding the sheet; and
changing means (50) for changing an amount of correction of the position of the sheet individually for the first and second position correcting means.
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.
Claim(s) 2, 3, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hamaya in view of Shiokawa et al. US 2018/0309886 (“Shiokawa”). Hamaya disclosed an image forming apparatus comprising: an image forming component configured to form an image on a sheet (Figure 1); and a sheet transporting component (Figure 1 and 2) configured to transport the sheet, wherein the sheet transporting component is the sheet transporting device according to claim 1, as mentioned above. Hamaya further disclosed an amount of the movement of at least one of the pair of conveying members of the second conveying portion along the direction that is orthogonal to the sheet conveying direction to be larger than an amount of the movement of the pair of conveying members of the first conveying portion along the direction that is orthogonal to the sheet conveying direction (see column 2, lines 39-46). Hamaya does not appear to use a correction factor when controlling the offset with the correction components.
Shiokawa teaches a changing component that changes the amount of correction of the position of the sheet individually for the first and second position correcting components by multiplying an amount of shifting of each of the first and second position correcting components in the direction intersecting the direction of sheet transport by a correction factor (see at least paragraphs 0129, 0151, 0168, and 0225). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Shiokawa and Hamaya to use a correction factor to control displacement to account for varying types of sheets and environmental conditions as taught by Shiokawa.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD J SANDERS whose telephone number is (571)270-3096. The examiner can normally be reached M-F 8:00-5:00.
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/HOWARD J SANDERS/Primary Examiner, Art Unit 3653