Prosecution Insights
Last updated: July 17, 2026
Application No. 18/422,957

IMAGE FORMING APPARATUS AND COMMUNICATION DEVICE

Final Rejection §103
Filed
Jan 25, 2024
Priority
Mar 02, 2023 — JP 2023-032138
Examiner
ALUNKAL, THOMAS D
Art Unit
2686
Tech Center
2600 — Communications
Assignee
Kabushiki Kaisha Toshiba
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
772 granted / 1069 resolved
+10.2% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
20 currently pending
Career history
1092
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
29.1%
-10.9% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1069 resolved cases

Office Action

§103
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 Applicant’s arguments, see Remarks, filed 1/20/2026, with respect to the rejections of claims 1-20 under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 have been fully considered and are persuasive in view of the amendments to the claims. Therefore, the rejections have been withdrawn. However, upon further consideration, a new grounds of rejection is made and will be disclosed below. 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. Claims 1-4, 6-14 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Koike (US PgPub 2013/0285798) and in view of Chapman et al. (hereafter Chapman)(US PgPub 2005/0230479). Regarding claim 1, Koike discloses an image forming apparatus (Figure 2), comprising: a printer that prints images on a medium (Figure 2, Elements 24, 25 and Paragraph 0045); a communication device that transmits data to, and receives data from, a radio tag on the medium (Figure 2, Element 15 and Paragraphs 0040 and 0044 where the reader/writer transmits and receives data to/from an RFID tag); and a processor configured to control the communication device to read tag identification information from the radio tag (Figure 2, Element 20 and Paragraph 0042 where the control unit controls functions of processing elements in the media processing device), wherein if the tag identification information read from the radio tag is included on a list, the communication device is controlled to attempt to read tag identification information from another radio tag, and if the tag identification information read from the radio tag is not included on the list, the communication device is controlled to write data to the radio tag in a data writing, and the printer is controlled to print an image on the medium (Figure 2, Figure 5 and Paragraphs 0063-0092 where tag identification information is read from an RFID tag. If the identification information is on a list in a tag ID database, no further information is written to the tag and the media processing device reads the next tag in sequence. If the identification information is not in the tag ID database, new identification information is written to the tag and stored in the tag ID database. Image data is further printed on the label block of the RFID tag). Koike does not specifically disclose wherein the processor is further configured to: after the data writing, determine whether the data writing was successful upon receiving a signal from the communication device indicating that the data writing was successful, and control the printer to print the image on the medium only if the data writing is determined successful. In the same field of endeavor, Chapman discloses an RFID tag writing and printing system where tag programming/writing is determined to be successful before proceeding to the step of providing a labeling image relative to the tag (Figure 6 and Paragraphs 0045-0046). As such, tag programming/writing success is verified before using system resources labeling the tag while also increasing system tag writing accuracy. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the tag writing success verification before providing imaging information relative to the tag of Chapman to the media processing system of Koike, thereby verifying successful tag writing before printing an image on the medium, motivation to conserve system resources and increase the tag writing accuracy as suggested by Chapman. Furthermore, such a modification involves routine skill in the art and would have been obvious absent of unexpected results. Regarding claim 2, Koike discloses wherein the processor is further configured to: control the communication device to transmit a selection command to select the radio tag matching the tag identification information when the tag identification information is not included on the list before the communication device is controlled to write data to the radio tag (Figure 5 and Paragraphs 0063-0092 where tag identification information is read from an RFID tag. If the identification information is on a list in a tag ID database, no further information is written to the tag and the media processing device reads the next tag in sequence. If the identification information is not in the tag ID database, new select identification information is written to the tag and stored in the tag ID database. Image data is further printed on the label block of the RFID tag). Regarding claim 3, Koike discloses wherein a memory storage unit that stores the list (Figure 2, Element 30 and Paragraph 0074 where the tag ID information is stored and referenced from memory unit 30). Regarding claim 4, Koike discloses a communication interface that transmits and receives data to and from an external device, wherein the processor is configured to: transmit a command including the read tag identification information to the external device through the communication interface, and receive, through the communication interface, a response indicating whether the read tag identification information is included on the list (Figure 2, Element 3, 5, 6 and Paragraphs 0071, 0072, 0075, 0080, 0083, 0088 and 0094 where a server based tag ID database is reference to determine if read tag identification information is included in an ID database). Regarding claim 6, Koike discloses wherein the communication device stores the list (Figure 2, Element 30 and Paragraph 0074 where the tag ID information is stored locally at the media processing device). Regarding claim 7, Koike discloses wherein the radio tag is an RFID tag (Figure 3, Element 11 and Paragraph 0039). Regarding claim 8, Koike discloses wherein the printer is an electrographic printer (Figure 2, Elements 24, 25 and Paragraphs 0039, 0045, 0055 and 0079). Regarding claim 9, Koike discloses wherein the processor is further configured to: convey the medium to a registration roller before controlling the communication device to read the tag identification information from the radio tag (Figure 2, Element 26 and Paragraphs 0041, 0045, 0046, 0070, 0079 and 0099 where a roller conveys the RFID tags before being interrogated by the reader/writer). Regarding claim 10, Koike discloses wherein the processor compares the tag identification information to the list to determine whether the tag identification information is on the list (Figure 5 and Paragraphs 0063-0092 where tag identification information is read from an RFID tag. If the identification information is on a list in a tag ID database, no further information is written to the tag and the media processing device reads the next tag in sequence. If the identification information is not in the tag ID database, new identification information is written to the tag and stored in the tag ID database. Image data is further printed on the label block of the RFID tag. The tag ID information is stored and referenced from memory unit 30). Regarding claim 11, Koike discloses wherein the processor is further configured to add the tag identification information to the list after the data is successfully written to the radio tag (Figure 5 and Paragraphs 0063-0092 where tag identification information is read from an RFID tag. If the identification information is on a list in a tag ID database, no further information is written to the tag and the media processing device reads the next tag in sequence. If the identification information is not in the tag ID database, new identification information is written to the tag and stored in the tag ID database. Image data is further printed on the label block of the RFID tag. The tag ID information is stored and referenced from memory unit 30). Regarding claim 12, Koike discloses wherein the communication device compares the tag identification information to the list to determine whether the tag information is on the list (Figure 5 and Paragraphs 0063-0092 where tag identification information is read from an RFID tag. If the identification information is on a list in a tag ID database, no further information is written to the tag and the media processing device reads the next tag in sequence. If the identification information is not in the tag ID database, new identification information is written to the tag and stored in the tag ID database. Image data is further printed on the label block of the RFID tag. The tag ID information is stored locally and referenced from memory unit 30 by the reader/writer). Regarding claim 13, Koike discloses wherein the communication device is further configured to add the tag identification information to the list after the data is successfully written to the radio tag (Figure 5 and Paragraphs 0063-0092 where tag identification information is read from an RFID tag. If the identification information is on a list in a tag ID database, no further information is written to the tag and the media processing device reads the next tag in sequence. If the identification information is not in the tag ID database, new identification information is written to the tag and stored in the tag ID database. Image data is further printed on the label block of the RFID tag. The tag ID information is stored locally and referenced from memory unit 30 by the reader/writer). Regarding claim 14, Koike discloses wherein the communication device includes an antenna (Paragraph 0044). Regarding claim 17, Koike discloses a label printing system (Figure 1), comprising: a plurality of label printers for printing labels, each label printer including a radio tag reader/writer device for writing information to a radio tag attached to the labels printed by the plurality of label printers (Figure 1, Element 2, Figure 2, Elements 15 and 24, Figure 3 and Paragraphs 0040, 0044 and 0045); and a server connected to the plurality of label printers and storing a list of radio tags that have been written with data by the plurality of label printers (Figures 1-2, Element 6 and Paragraphs 0071, 0072, 0075, 0080, 0083, 0088 and 0094 where a server based tag ID database is referenced to determine if read tag identification information is included in an ID database), wherein a processor (Figure 2, Element 20) in each label printer is configured to: control the radio tag reader/writer device to read tag identification information from the radio tag, transmit an inquiry to the server to check whether the tag identification information from the radio tag is on the list, if the tag identification information read from the radio tag is included on the list, radio tag reader/writer device is controlled to attempt to read tag identification information from another radio tag, and if the tag identification information read from the radio tag is not included on the list, the radio tag reader/writer device is controlled to write data to the radio tag in a data writing, and the label printer is controlled to print a label to which the radio tag is attached (Figure 5 and Paragraphs 0063-0092 where tag identification information is read from an RFID tag. If the identification information is on a list in a tag ID database, no further information is written to the tag and the media processing device reads the next tag in sequence. If the identification information is not in the tag ID database, new identification information is written to the tag and stored in the tag ID database. Image data is further printed on the label block of the RFID tag). Koike does not specifically disclose wherein the processor in each label printer is further configured to: after the data writing, determine whether the data writing was successful upon receiving a signal from the radio tag reader/writer device of the respective label printer indicating that the data writing was successful, and print the label only if the data writing is determined successful. In the same field of endeavor, Chapman discloses an RFID tag writing and printing system where tag programming/writing is determined to be successful before proceeding to the step of providing a labeling image relative to the tag (Figure 6 and Paragraphs 0045-0046). As such, tag programming/writing success is verified before using system resources labeling the tag while also increasing system tag writing accuracy. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the tag writing success verification before providing imaging information relative to the tag of Chapman to the media processing system of Koike, thereby verifying successful tag writing before printing an image on the medium, motivation to conserve system resources and increase the tag writing accuracy as suggested by Chapman. Furthermore, such a modification involves routine skill in the art and would have been obvious absent of unexpected results. Regarding claim 18, Koike discloses wherein the radio tag is an RFID tag (Figure 3, Element 11 and Paragraph 0039). Regarding claim 19, Koike discloses wherein the processor is further configured to request that the server add the tag identification information to the list after the data is determined to have been successfully written to the radio tag (Figure 5 and Paragraphs 0063-0092 where tag identification information is read from an RFID tag. If the identification information is on a list in a tag ID database, no further information is written to the tag and the media processing device reads the next tag in sequence. If the identification information is not in the tag ID database, new identification information is written to the tag and stored in the tag ID database. Image data is further printed on the label block of the RFID tag). Regarding claim 20, Koike discloses wherein the server is connected to the plurality of label printers via a network (Figure 1 and Paragraph 0036). Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Koike in view of Chapman, as applied to claims 1-4, 6-14 and 17-20 above, and further in view of Horch (US PgPub 2006/0206277). Regarding claim 5, Koike and Chapman do not specifically disclose a first tray and a second tray to which the medium can be discharged; and a conveyance device that conveys the medium, wherein the processor is further configured to: discharge the medium to the first tray using the conveyance device when data writing to the radio tag on the medium has failed, and discharge the medium to the second tray using the conveyance device when data writing to the radio tag of the medium was successful. In the same field of endeavor, Horch discloses a wireless functional testing system for an RFID tag where bins/trays are provided in the system to house both failed and passed tested RFID tags (Figures 4A-4F and Paragraph 0037-0043). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pass and fail bins/trays of Horch to the media processing device system of Koike and Chapman, thereby allowing for void or discarded RFID tags to be housed in a bin/tray while functional/verified RFID tags are housed in a separate bin/tray after complete RFID processing, motivation being to automatically discard voided/failed RFID tags as suggested by Horch. Furthermore, such a modification involves routine skill in the art and would have been obvious absent of unexpected results. Conclusion 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 THOMAS D ALUNKAL whose telephone number is (571)270-1127. The examiner can normally be reached M-F 9AM-5PM. 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, BRIAN ZIMMERMAN can be reached at 571-272-3059. 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. /THOMAS D ALUNKAL/Primary Examiner, Art Unit 2686
Read full office action

Prosecution Timeline

Jan 25, 2024
Application Filed
Oct 17, 2025
Non-Final Rejection mailed — §103
Jan 20, 2026
Response Filed
Apr 01, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
88%
With Interview (+15.4%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1069 resolved cases by this examiner. Grant probability derived from career allowance rate.

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