DETAILED ACTION
Claim Objections
Claims 7-12 are objected to because of the following informalities: The phrase “the sheet transport member that transports the sheet to a read position” should be recited as --the sheet transport member transports the sheet to the image read position--. Appropriate correction is required.
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, 3-7, 9-13 and 15-18 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.
Regarding Claim 1, line 13, it is recited that the determination of the sheet size being smaller than or equal to a predetermined length is performed without using the first detector however as seen in Fig. 6, it is indeed used as SNR1/101. While [0059] discloses sensors 107 and 109, it is noted that this process does not preclude use of SNR1/101 rather it is a subset of the information used in Fig. 6. Therefore, this amended limitation appears to be a negative limitation/new matter and inconsistent with Fig. 6. It is noted that [0064] and [0076] merely disclose “without increasing the number of detectors”, not “without using the first detector”.
Claims 3-7, 9-13 and 15-18 are rejected by dependency.
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, 3-7, 9-13 and 15-18 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.
Regarding Claim 1, line 13, it is recited that the determination of the sheet size being smaller than or equal to a predetermined length is performed without using the first detector however as seen in Fig. 6, it is indeed used as SNR1/101. While [0059] discloses sensors 107 and 109, it is noted that this process does not preclude use of SNR1/101 rather it is a subset of the information used in Fig. 6. Therefore, this amended limitation appears to be a negative limitation/new matter and inconsistent with Fig. 6. It is noted that [0064] and [0076] merely disclose “without increasing the number of detectors”, not “without using the first detector”. Therefore, the metes and bounds of the claim are unclear.
Regarding Claims 7 and 9-12, the claim incorporates the entire device of Claim 1 as the sheet transport member while utilizing the same name as a component of the device being incorporated (i.e. appears to be circular). Furthermore, the sheet transporting device includes structures such as sensors and a processor, which cannot be a sheet transport member. It is suggested that Applicant may merely recite the sheet transporting device according to Claim 1/3/4/5/6, with the image reading member that reads an image at the image read position.
Claims 3-6, 13 and 15-18 are rejected by dependency.
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, 3-7, 9-13 and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi (US Pub No. 2011/0013240 A1).
Regarding Claim 1, Kobayashi discloses a
a sheet receiver (11) that receives a sheet and that includes a first detector (56) that detects a size of the sheet in a transport direction (i.e. right to left in Fig. 4);
a sheet transport member (14) that transports the sheet received on the sheet receiver to an image read position (72B) along a sheet transport path (31);
a second detector (68) disposed most upstream at the sheet transport path in the sheet transport direction to detect whether any sheet is present (i.e. detection by default entails presence);
a leading-end sensor (69) disposed downstream from the second detector and in front of (i.e. upstream of) the image read position on the sheet transport path; and
a processor (90) configured to determine (at S7 in Fig. 6) whether the sheet received on the sheet receiver has a size smaller than or equal to a predetermined length (i.e. that which is sensed at S3 in Fig. 6) in the transport direction by using the second detector without using the first detector (see the 112 rejection above).
Regarding Claim 3, Kobayashi discloses
the predetermined length is shorter than a length along the sheet transport path from the second detector to the image read position (i.e. in the case where a sheet is placed that covers only the most downstream sensor 56, this detected length in S3 being shorter than the distance from 68 to 72B, see Fig. 4).
Regarding Claim 4, Kobayashi discloses
the first detector detects that the sheet received on the sheet receiver has a larger size than a length of an A4 size in a longitudinal direction ([0079]).
Regarding Claim 5, Kobayashi discloses
whether the size of the sheet is smaller than or equal to the predetermined length is determined (i.e. at S7 in Fig. 6) based on whether a trailing end of the sheet has passed the second detector before a leading end of the sheet arrives at the image read position (i.e. is based in part on S5, where 68 in part determines sheet length and in the case where a short sheet covering only the downstream most sensor 56 is fed, it can be seen from Fig. 4 that when its trailing end is at 68, its leading end would still be upstream of/before it arrives at 72B).
Regarding Claim 6, Kobayashi discloses
whether the size of the sheet is smaller than or equal to the predetermined length is determined when the first detector does not detect the sheet received on the sheet receiver (i.e. in the case of the first detector being taken as the upstream most sensor 56, a shorter sheet is not detected by it but may be detected by 68 at S5).
Regarding Claims 7 and 9-12, Kobayashi discloses
an image reading member (70) that reads an image on a sheet; and
the sheet transport member (14) that transports the sheet to a read position (72B) where the image reading member reads the image on the sheet,
wherein the sheet transporting device according to claim (1-6) is used as the sheet transport member.
Also see the 112 rejection above.
Regarding Claims 13 and 15-18, Kobayashi discloses
the image reading device according to claim (7 and 9-12) that reads an image on a sheet; and
an image recording device (110) that records the image on the sheet read by the image reading device on a recording medium.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takahashi (US Patent No. 9,060,086) discloses detecting length via 116, comparing size in S505 of Fig. 4 but lacks a tray sensor.
Hamada (US Pub No. 2021/0245979) discloses determining sheet size via sensors 205 and 222.
THIS ACTION IS MADE FINAL. 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.
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/PRASAD V GOKHALE/Primary Examiner, Art Unit 3653 July 14, 2026
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