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.
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.
Claims 1-5 and 7-14 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.
Applicant refers to paragraph [0087] in support of narrowing the claims to a specific shape (Remarks-02/25/2026).
[0087] In order to further exert the above-described effect, the projection 25b is preferably formed so that the distances (in other words, the widths) between an edge (in other words, an end) of the projection 25b and the opening 25a are as uniform as possible as illustrated in FIG. 6. The distance (in other words, the width) is preferably designed as large as possible within the range of layout constraints.
Claim 1 has been amended to recite a subgenus (a specific shape of the projection) where the originally-filed specification contains a generic disclosure and a specific example that falls within the subgenus is only shown in the drawings. The Office finds no support that Applicant had possession of the claimed subgenus (MPEP 2163.05)
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4 and 7-14 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US 2023/0266699 to Shoji et al.
The applied reference has a common Assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Claim(s) 1-4 and 7-14 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US 2023/0266699 to Shoji et al.
Shoji et al. teach:
(claim 1) A fixing device (9, Fig.20) comprising:
a fixing belt (20);
a planar heater (22) to heat the fixing belt;
a pressure roller (21) pressing the planar heater via the fixing belt to form a fixing nip (N) through which a sheet (P) is conveyed in a conveyance (Y) direction;
a temperature sensor (25B, Fig.7) contacting the planar heater to detect a temperature of the planar heater [0093]; and
a single plate (28+36) contacting the planar heater [0164], the single plate including:
a first portion (including center-side #36A, Fig.26) having: an opening through which a part of the temperature sensor contacts the planar heater [0134]; and a projection projecting from the opening in the conveyance direction, wherein the projection and the opening face each other in the conveyance direction and the projection is shaped like a trapezoid (i.e., a quadrilateral with at least one pair of parallel sides1), and the first portion having a first width in the conveyance direction [0161]; and
a second portion (center-side portions of 28) inside a minimum sheet-passing region (see P2 in Fig.7) in an axial (X) direction of the pressure roller orthogonal to the conveyance direction and outside the first portion in the axial direction, the second portion having a second width smaller than the first width in the conveyance direction (Fig.21).
(claim 2) The fixing device according to claim 1, further comprising: a holder (23) holding the planar heater, the single plate, and the temperature sensor, wherein the holder has: an opening (23a) to position the temperature sensor with respect to the holder in the conveyance direction [0072]; and a wall (23b2) contacting the planar heater and the projection of the single plate in the conveyance direction to position the planar heater and the single plate in the conveyance direction (Fig.21, [0142, 0151, 0171]).
(claim 3) The fixing device according to claim 2, wherein the single plate further includes: a third portion outside the minimum sheet-passing region and outside the opening in the axial direction, and the third portion has another projection projecting toward the wall to abut against the wall in the conveyance direction (e.g. region of #25A in Fig.7).
(claim 4) The fixing device according to claim 3, further comprising another temperature sensor (25A), wherein the third portion of the single plate has another opening through which a part of said another temperature sensor contacts the planar heater [0072].
(claim 7) The fixing device according to claim 1, wherein the first portion has a first single plate thickness larger than a second single plate thickness of the second portion [0141, 0150].
(claim 8) An image forming apparatus (100, Fig.1) comprising the fixing device according to claim 1.
(claim 9) The fixing device according to claim 1, further comprising: a holder (23) holding the planar heater, the single plate, and the temperature sensor [0151].
(claim 10) The fixing device according to claim 1, further comprising :a holder (23) holding the planar heater, the single plate, and the temperature sensor, wherein the holder has: an opening (23a) to position the temperature sensor with respect to the holder in the conveyance direction [0072].
(claim 11) The fixing device according to claim 2, wherein the single plate further includes: a third portion outside the minimum sheet-passing region and outside the opening in the axial direction (e.g. region of #25A in Fig.7).
(claim 12) The fixing device according to claim 3, further comprising another temperature sensor (25A, Fig.7).
(claim 13) The fixing device according to claim 1, wherein the single plate has one thermal conductivity [0154, 0164].
(claim14) The fixing device according to claim 1, wherein the single plate is copper or graphite [0127, 0150].
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0266699 to Shoji et al., as applied to claim 2 above, and further in view of US 20210278790 to Furuichi et al.
Regarding claim 5, Shoji teaches the fixing device according to claim 2, but appears silent about the wall of the holder including a protrusion to contact the heater. Furuichi discloses a fixing device and image forming apparatus comprising a holder (23) holding a planar heater (22) including a wall contacting the planar heater having a protrusion (23b) contacting the planar heater (Fig.6, [0084]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the holder of Shoji to comprise a protrusion as in Furuichi, such that the wall of the holder includes a protrusion contacting the planar heater, the purpose of securing a position of the heater with respect to the holder.
Response to Arguments
Applicant's arguments filed 02/25/2026 have been fully considered but they are not persuasive. Applicants point 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 has been presented above.
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
1 Alsina, Claudi; Nelsen, Roger. A Cornucopia of Quadrilaterals, p.89-90. Mathematical Association of America, 2020.