Prosecution Insights
Last updated: April 19, 2026
Application No. 18/494,465

IMAGE FORMING APPARATUS, COMPUTER-READABLE STORAGE MEDIUM, AND METHOD FOR SELECTING BORDERED PRINTING OR BORDERLESS PRINTING

Non-Final OA §102
Filed
Oct 25, 2023
Examiner
RICHMOND, SCOTT A.
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 0m
To Grant
94%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
548 granted / 624 resolved
+19.8% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
28 currently pending
Career history
652
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
55.5%
+15.5% vs TC avg
§102
27.3%
-12.7% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 624 resolved cases

Office Action

§102
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 . Election/Restrictions Applicant’s election of CLAIMS 1-3 and 7 in the reply filed on 20 November 2025 is acknowledged. Claims 4-6 and 8-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected INVENTION, there being no allowable generic or linking claim. Election was made without traverse in the reply filed. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of Japan Application No. 2022-191183 was received on 04 December 2023 as required by 37 CFR 1.55. Information Disclosure Statement The references cited in the information disclosure statement (IDS) submitted on 25 October 2023 have been considered by the examiner. Drawings The drawings filed on 25 October 2023 are accepted. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 102 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 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 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. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue (US PGPub 2006/0221369 A1). With regard to Claim 1, Inoue discloses an image forming apparatus (¶0002) comprising: an image forming engine configured to form on an image formation medium an image represented by image data externally obtained (¶0004, 0011; 0126), by a borderless image forming operation or a bordered image forming operation, the borderless image forming operation being an operation to form the image over an entire image forming target area on the image formation medium (Fig. 3), the bordered image forming operation being an operation to form the image on the image formation medium with a margin formed at a periphery portion of the image forming target area (Fig. 3); and a controller (Fig. 1; ¶0060); configured to: when the image data does not contain data that explicitly indicates which of the borderless image forming operation and the bordered image forming operation is to be performed (¶0073-0078; Fig. 1), select one of the borderless image forming operation and the bordered image forming operation (Figs. 2-3), based on a status of the image forming apparatus (Fig. 2) or a content of the image data (Fig. 1; ¶0073-0078), or based on the status of the image forming apparatus and the content of the image data (¶0062-0073); and cause the image forming engine to perform the selected one of the borderless image forming operation and the bordered image forming operation (¶0068-0073; ¶0135). With regard to Claim 2, Inoue further discloses a memory configured to store setting information that indicates which of the borderless image forming operation and the bordered image forming operation is to be performed (Fig. 2; ¶0068; ¶0135), wherein the controller is further configured to select one of the borderless image forming operation and the bordered image forming operation, based at least on which, of the borderless image forming operation and the bordered image forming operation, is indicated by the setting information as the status of the image forming apparatus (Fig. 2; ¶0068-0073, 0079, 0093-0098; 0135). With regard to Claim 7, Inoue further discloses wherein the borderless image forming operation is image formation to be performed over an area that straddles and covers the image forming target area (¶0070). Allowable Subject Matter Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The primary reasons for allowability for Claim 3 is that applicants claimed invention includes an image forming apparatus wherein the image data contains size indicating data that indicates a size of the image forming target area in each of a first direction and a second direction orthogonal to the first direction on the image formation medium, wherein the image forming apparatus having a sheet medium storage configured to accommodate a roll body of a long sheet medium wound in a roll shape; a conveyor configured to convey the sheet medium from the sheet medium storage to the image forming engine along the second direction; and a cutter configured to cut, along the first direction, the sheet medium with the image formed thereon by the image forming engine, wherein the controller is further configured to control the cutter to cut the sheet medium in such a manner that a length of a sheet medium cut out from the long sheet medium is the size in the second direction that is indicated by the size indicating data, and wherein the controller is further configured to select one of the borderless image forming operation and the bordered image forming operation, based at least on the size of the image forming target area in the first direction that is indicated by the size indicating data. It is this limitation, expressed in the claim combination not found, taught, or suggested in the prior art that makes this claim allowable over the prior art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT A. RICHMOND whose telephone number is (313)446-6547. The examiner can normally be reached on M-F 9-6:00 PM. 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, Douglas Rodriguez can be reached on 571-431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SCOTT A RICHMOND/Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Oct 25, 2023
Application Filed
Feb 06, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600151
CUTTER AND METHOD OF SEPARATION FOR SHEETS PRINTED FROM A CONTINUOUS WEB SUSCEPTIBLE OF LONGITUDINAL DIVISIONS AND RELATIVE WEB
2y 5m to grant Granted Apr 14, 2026
Patent 12594773
INKJET PRINTING APPARATUS
2y 5m to grant Granted Apr 07, 2026
Patent 12594765
PRINTER
2y 5m to grant Granted Apr 07, 2026
Patent 12589600
METHOD AND SYSTEM FOR PRINTING ON TILTED PRINT MEDIUM USING PRINTHEAD
2y 5m to grant Granted Mar 31, 2026
Patent 12589603
PRINTING APPARATUS
2y 5m to grant Granted Mar 31, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
94%
With Interview (+5.9%)
2y 0m
Median Time to Grant
Low
PTA Risk
Based on 624 resolved cases by this examiner. Grant probability derived from career allow rate.

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