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 .
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/29/2025 has been entered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “P” has been used to designate a direction of pressing the second pressurizing portion 130 against the heating roll 66, while the specification designates “P” to the recording medium. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The specification does not provide proper antecedent basis for term “a notch” distinct from the term “notch portion”, while the claims use both terms. Therefore, a proper interpretation of the claim subject matter in light of the specification is unclear.
The specification does not provide proper antecedent basis for limitation “a heater that is rotatable”. Paragraphs [0043-0044] describe a heating roll 66 including a roll portion 84 that is rotatable, and a heater 86 configured by two lamps, but there is no disclosure of the heater 86 being rotatable. Therefore, a proper interpretation of the claim subject matter in light of the specification is unclear.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8, 10-18, and 20-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites, inter alia, “wherein no pressing member is positioned radially outward of the heater of the second body”. The originally filed specification does not disclose the second pressurizing portion 130, identified as the second body of claim 1, including a heater. Additionally, the Office finds no support for no pressing member is positioned radially outward of the heater.
Claims 1-8, 10-18, and 20-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites, inter alia, “a notch portion comprising a notch, (…) that includes a curved surface having a shape along a peripheral surface of the heater; a second body that is attached to the notch, that is provided in the notch”. When interpreting these limitations in light of the specification is unclear. The specification describes a notch portion 114 including a wall portion 114A and a curved surface 114B, the second pressurizing portion 130 attached to the curved portion 114B [0049, 0052]. It is unclear what the distinctions, if any, between the notch portion, the notch, and the curved surface are in the claim. For the purpose of examination over prior art, and to advance compact prosecution, the terms “notch portion” and “notch” are interpreted without distinction, as a same structural element.
Claim 1 recites inter alia, “extends in a radial direction from an axis of the heater and of the second body to…”. This recitation is unclear. It could be interpreted as from an axis, of the heater and of the second body, to or as from an axis of the heater and, of the second body, to Neither interpretation has sufficient antecedent basis in the claim.
Claim 1 recites inter alia, “wherein a thickness of the second body, from a bottommost surface extends in a radial direction from an axis of the heater and of the second body to a topmost surface of the second body, in a direction intersecting the curved surface, is constant along an axial direction of the heater”. This recitation is unclear. For the purpose of examination over prior art, and to advance compact prosecution, this recitation will be interpreted as wherein a thickness of the second body is constant along an axial direction of the heater, the thickness of the second body extending in a radial direction from an axis of the heater, from a bottommost surface of the second body and to a topmost surface of the second body, in a direction intersecting the curved surface.
Claim 1 recites the limitation "an axis of the heater" in the fourth-to-last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites, inter alia, “wherein no pressing member is positioned radially outward of the heater of the second body”. The originally filed specification does not disclose the second pressurizing portion 130, identified as the second body of claim 1, including a heater. Therefore, a proper interpretation of the claim features in light of the specification and a reasonable search over prior art are precluded, as one skilled in the art cannot determine the metes and bounds of the claim. For the purpose of examination over prior art, and to advance compact prosecution, this recitation will be considered met there are no “pressing members” pressing the transport belt against the heater besides the first body and the second body .
Claim 21 recites the limitation "the central portion of the first body along the transport direction" in the 2nd line. There is insufficient antecedent basis for this limitation in the claim.
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, 2, 7, 8, 10, 11, 12, 17, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2006/0257180 to Nakawaga et al.
Nakawaga teaches:
(claim 1) A fixing apparatus 11 comprising (Fig.1):
a heater 12 that is rotatable;
a transport belt 27 configured to transport a recording medium nipped between the heater and the transport belt;
a holder 23+26+34 that includes a first body 19c which presses the transport belt against the heater;
a notch portion 19b+21 comprising a notch, the notch being provided on an upstream side of the first body of the holder in a transport direction of the recording medium, that is retracted from the first body to a side opposite of the heater, and that includes a curved surface having a shape along a peripheral surface of the heater;
a second body 20 that is attached to the notch portion, that is provided in the notch (attached to 21), and that presses the transport belt against the heater with a pressing force weaker than a pressing force of the first body [0044, 0048], and
a press 34 that is made of metal and that presses the first body of the holder against the heater via the transport belt [0031-0032],
wherein a thickness of the second body, from a bottommost surface extends in a radial direction from an axis of the heater and of the second body to a topmost surface of the second body, in a direction intersecting the curved surface, is constant along an axial direction of the heater and
wherein the direction intersecting the curved surface extends in a radial direction from an axis of the heater and is orthogonal to the axial direction of the heater (see Figs. 5 & 7), and
wherein no pressing member is positioned radially outward of the heater of the second body (no other pressing member is disclosed).
(claim 2) The fixing apparatus according to claim 1, wherein the first body is formed of a resin having a hardness greater than a hardness of the second body [0040, 0044].
(claim 7) The fixing apparatus according to claim 1, wherein a length of the second body along the transport direction is longer than a length of the first body along the transport direction (see Fig.1).
(claim 8) The fixing apparatus according to claim 7, wherein the length of the second body along the transport direction is at least two times and no more than eight times the length of the first body along the transport direction (see Fig.1).
(claim 10) The fixing apparatus according to claim 1, wherein the notch portion includes a wall portion 19b that is retracted from the first body in an intersecting direction, and wherein the second body is attached to the notch portion in a state of being in contact with the wall portion (Fig.1, [0056]).
(claim 21) The fixing apparatus according to claim 1, wherein the central portion of the first body along the transport direction of the recording medium is in a convexly curved shape (see Fig.5).
(claims 11, 12, 17, 18, 20 & 22) An image forming system (Fig.2) comprising: an image formation unit 2 configured to form a toner image on a recording medium; and the fixing apparatus 11 according to any of claims 1, 2, 7, 8 and 10 configured to fix the toner image to the recording medium.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0257180 to Nakawaga et al., as applied to claim 2 above, and further in view of US 2018/0275574 to Yoshida et al.
Regarding claim 3, Nakawaga teaches the fixing apparatus according to claim 2, wherein the second body is formed of low hardness, heat resistant rubber [0040]. Nakawaga is silent about the second body formed of a foamed resin. Yoshida discloses a fixing apparatus including a pressurizing portion (pressurizing roller 161) including an elastic layer formed of rubber, an elastomer, or a foamed resin [0125]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to configure the second body to be formed of a foamed resin as art recognized equivalent, performing a same function, in substantially the same way, and producing substantially the same results.
Regarding claim 13, the modification above also renders obvious an image forming system A comprising: an image formation unit 2 configured to form a toner image on a recording medium; and the fixing apparatus according to claim 3 configured to fix the toner image to the recording medium (Nakawaga: Fig.2).
Claim(s) 4-6 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0257180 to Nakawaga et al., as applied to claim 2 above, and further in view of JP 2012-255894 to Kanematsu.
Regarding claims 4 and 5, Nakawaga teaches the fixing apparatus according to claim 1, but appears silent about a central portion of the second body being convexly curved toward the heater more than both end portions in an axial direction. Kanematsu discloses a fixing device including a silicon rubber or silicone sponge pressure component 25 which longitudinal direction central part has curved in the circular arc condition which becomes convex facing toward a fixation roller 21 (Fig.3). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to configure a fixing apparatus according to claim 1 such that
(claim 4) in a state of being attached to the curved surface of the notch, the second body is in a shape in which a central portion of the second body in an axial direction is convexly curved toward the heater more than both end portions of the second body in the axial direction, and
(claim 5) wherein a thickness of the second body in a direction intersecting the curved surface is constant along the axial direction, and wherein the curved surface is in a shape in which a central portion in the axial direction is convexly curved toward the heater more than both end portions of the notch in the axial direction
for at last the purpose of ensuring even contact at the nipping portion in a longitudinal direction as to follow a shape of a fixing roller that becomes deformed in concave condition when it is pressed by lateral plates located at the lengthwise ends of the pressure application unit 13.
Regarding claim 6, Nakawaga in view of Kanematsu teaches a fixing apparatus according to claim 4, wherein the first body is in a shape in which a central portion in the transport direction protrudes toward the heater more than a downstream side and an upstream side in the transport direction do (see Fig.5). However, Nakawaga does not explicitly disclose the claimed shape of a central portion of the first body in the axial direction. However, as explained above, since the fixing roller 12 may deform to have a concave shape, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to further configure the fixing apparatus of claim 4 such that the central portion in the axial direction of the heater protrudes toward the heater more than both end portions of the first body in the axial direction, for at least the purpose of providing the first pressurizing portion with a shape according to the flared shape of the heating member for more even axial pressure distribution.
Regarding claims 14-16, the modification above also renders obvious an image forming system A comprising: an image formation unit 2 configured to form a toner image on a recording medium; and the fixing apparatus according to any of claims 4-6 configured to fix the toner image to the recording medium (Nakawaga: Fig.2).
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive. Applicant points to the features of claim 1 that they believe to be allowable and state that the cited art fails to teach these features. The Office respectfully disagrees and the rejection over prior art has been presented above. Applicant argument appears to limit the interpretation of Nakagawa by stating that edge 19b is flat and therefore does not comprise a notch. The Office clarifies that, a notch is construed by Nakawaga's edge 19b and the curved surface of 21 in combination, much like in the instant application where the notch is formed by wall portion 114A and curved surface 114B.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARLENE HEREDIA whose telephone number is (571)272-8393. The examiner can normally be reached M-F: 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at (571)272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Arlene Heredia Ocasio/ Primary Examiner, Art Unit 2852