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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: image holding unit in claims 1, 14-20; accommodation unit in claims 1, 2, 9; assisting material holding unit in claims 1, 3, 8, 9, 11, 13; breaking unit in claims 1, 4, 8-10; suppressing unit in claim 7; transport unit in claim 9; eccentric unit in claim 10; scraping unit in claims 12-13; transfer unit in claims 14-20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 2-6, 9-11, and 13 are objected to because of the following informalities:
Several claims use the term “that” in a way that reads as though a particular limitation has previously been set forth, when that is not the case. For example, claim 2 recites “wherein the breaking unit that excites a wall surface of the accommodation unit to break the transfer assisting material in a powdery state is provided” (emphasis added). Although a breaking unit has been set forth in claim 1, one that excites a wall surface has not. Therefore, the following correction is suggested: “wherein the breaking unit [[that]] excites a wall surface of the accommodation unit to break the transfer assisting material in a powdery state
An example of how claim 4 should be corrected for better readability:
The transfer assisting material supplying device according to claim 3,
wherein the wall surface includes a first wall surface that is disposed corresponding to the position where the transfer assisting material is held and a second wall surface that is disposed at a position separated from the position where the transfer assisting material is held and that is connected to the first wall surface
The following limitations followed by the term “that” and ending in “is provided” should also be corrected in a manner similar to claim 2:
Claim 3: the wall surface
Claim 5: the first wall surface and the second wall surface (note - 2 occurrences of “that” should be deleted)
Claim 6: the second wall surface
Claim 9: the breaking unit
Claim 10: the breaking unit (note - 2 occurrences of “that” should be deleted)
Claim 11: the assisting material holding unit (note - 2 occurrences of “that” should be deleted)
Claim 13: the scraping unit (note - 2 occurrences of “that” should be deleted)
Appropriate correction is required.
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 and 10-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishisaka et al. (US 2012/0134698; “Nishisaka”).
Regarding claim 1, Nishisaka discloses a transfer assisting material supplying device 56 that supplies a transfer assisting material 563 to an image holding unit 1 holding an image to be transferred to a medium P (Figs. 1-2 [0040, 0042, 0052]), the device comprising:
an accommodation unit (housing of 56) that accommodates the transfer assisting material 563 that assists transfer (Fig. 2);
an assisting material holding unit 561 (or, in the alternative, both elements 561 and 562) that rotates while holding the transfer assisting material and comes into contact with the image holding unit 1 to supply the transfer assisting material (Fig. 2 [0053]); and
a breaking unit 564 that breaks the transfer assisting material (the supply of the transfer assisting material is controlled by breaking unit 564, which enables the transfer assisting material to be broken off of the solid lubricant block; [0055-0056]) in a storage portion with respect to the storage portion in which the transfer assisting material is stored and the assisting material holding unit 561 holds the transfer assisting material (Fig. 2 [0053-0054]),
wherein the transfer assisting material is supplied to the image holding unit 1 ([0057]).
Regarding claim 2, Nishisaka discloses the transfer assisting material supplying device according to claim 1, wherein the breaking unit 564 that excites a wall surface (wall surface either directly above or directly below coil spring 565) of the accommodation unit to break the transfer assisting material in a powdery state is provided (Fig. 2 [0052-0055]).
Regarding claim 10, Nishisaka discloses the transfer assisting material supplying device according to claim 2, wherein the breaking unit 564 that is composed of an eccentric unit 564, which is disposed outside the wall surface, rotates about a rotary shaft, and of which a diameter changes along a circumferential direction, and that comes into contact with the wall surface from outside to vibrate the wall surface as the eccentric unit rotates is provided (Fig. 2 [0056]).
Regarding claim 11, Nishisaka discloses the transfer assisting material supplying device according to claim 1, wherein the assisting material holding unit (alternatively, elements 561 and 562) that comes into contact with a solid substance 563 formed due to solidification of the transfer assisting material to scrape the transfer assisting material off the solid substance and to hold a portion of the transfer assisting material in a powdery state and that stores a remainder of the scraped transfer assisting material into the storage portion is provided (Fig. 2 [0054-0055]).
Regarding claim 12, Nishisaka discloses the transfer assisting material supplying device according to claim 1, further comprising: a scraping unit 562 that comes into contact with a solid substance 563 formed due to solidification of the transfer assisting material to scrape the transfer assisting material off the solid substance and that stores the scraped transfer assisting material into the storage portion (Fig. 2 [0054-0055]).
Regarding claim 13, Nishisaka discloses the transfer assisting material supplying device according to claim 12, wherein the scraping unit 562 that holds a portion of the scraped transfer assisting material in a powdery state and that comes into contact with the assisting material holding unit 561 to supply the transfer assisting material to the assisting material holding unit 561 is provided (Fig. 2 [0054]).
Regarding claims 14-15, Nishisaka discloses an image forming apparatus A comprising: an image holding unit 1; a transfer unit 7 that transfers an image held by the image holding unit 1 to a medium P (via intermediate transfer body 6) (Figs. 1-2 [0040, 042]); and the transfer assisting material supplying device according to claims 1-2 that supplies a transfer assisting material to the image holding unit (supra).
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) 1-9 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over May et al. (US 5,702,852; “May”) in view of Shimizu et al. (US 2012/0230734; “Shimizu”).
Regarding claim 1, May discloses a transfer assisting material supplying device 14 that supplies a transfer assisting material (non-marking toner) to an image holding unit 10 holding an image to be transferred to a medium 70 (Fig. 1, Col. 9 lines 6-27, Col. 9 line 63 - Col. 10 line 8), the device comprising:
an accommodation unit that accommodates the transfer assisting material that assists transfer (although not illustrated, an accommodation unit that accommodates the transfer assisting material must be present); and
an assisting material holding unit 14 that rotates while holding the transfer assisting material and comes into contact with the image holding unit 10 to supply the transfer assisting material (Fig. 1),
wherein the transfer assisting material is supplied to the image holding unit 10 (Col. 9 lines 6-27).
May is silent as to specific details regarding the configuration of the transfer assisting material supplying device, and therefore fails to disclose a breaking unit.
Shimizu teaches a material supplying device 411 that supplies a toner material T to a material holding unit 16 that rotates while holding the toner material and comes into contact with an image holding unit 14 to supply the toner material to the image holding unit (Fig. 20 [0046, 0173]). The material supplying device 411 further includes a breaking unit 136 that breaks the toner material in a storage portion 55c with respect to the storage portion in which the toner material is stored and the material holding unit holds the toner material (Fig. 20 [0145, 0179]).
Because the transfer assisting material supplying device of May is used to supply a toner, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the structure of the material supplying device of Shimizu as the transfer assisting material supplying device in May. One would have been motivated to do so in order to supply a stable amount of toner/transfer assisting material, even under an environment that is highly likely to cause toner clumps, such as a high temperature and high humidity environment (Shimizu [0183]).
Regarding claim 2, modified May teaches the transfer assisting material supplying device according to claim 1, wherein the breaking unit that excites a wall surface 224 of the accommodation unit to break the transfer assisting material in a powdery state is provided (Shimizu Fig. 20 [0178-0179]).
Regarding claim 3, modified May teaches the transfer assisting material supplying device according to claim 2, wherein the wall surface 224 that is inclined (downward) toward a position where the assisting material holding unit holds the transfer assisting material is provided (Shimizu Fig. 20).
Regarding claim 4, modified May teaches the transfer assisting material supplying device according to claim 3, wherein the wall surface including a first wall surface 2241 that is disposed corresponding to the position where the transfer assisting material is held and a second wall surface 2242 that is disposed at a position separated from the position where the transfer assisting material is held and that is connected to the first wall surface 2241 is provided, and the breaking unit 136 that excites the second wall surface 2242 is provided (Shimizu Fig. 20 [0173]).
Regarding claim 5, modified May teaches the transfer assisting material supplying device according to claim 4, wherein the wall surface including the first wall surface 2241 that is fixed and the second wall surface 2242 that is movable is provided (see Shimizu Fig. 21, only second wall surface 2242 is moved, as shown by the dashed lines).
Regarding claim 6, modified May teaches the transfer assisting material supplying device according to claim 4, wherein the second wall surface 2242 that is formed of an elastic material is provided (Shimizu [0173, 0175]).
Regarding claim 7, modified May teaches the transfer assisting material supplying device according to claim 4, further comprising: a suppressing unit 2244 that suppresses vibration of the first wall surface 2241 (Shimizu Fig. 21 [0175]; the presence of 2244 will suppress some vibration of 2241 from the movement of 2242).
Regarding claim 8, modified May teaches the transfer assisting material supplying device according to claim 2, but does not explicitly teach wherein a vibration frequency of excitation caused by the breaking unit is larger than a rotation frequency of the assisting material holding unit.
Shimizu, however, recognizes that the vibration frequency is regulated by the revolution of breaking unit/agitation bar 136 ([0179]). As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the vibration frequency, including that which results in the vibration frequency of excitation caused by the breaking unit being larger than a rotation frequency of the assisting material holding unit, in order to break up the toner clumps into small enough clumps to pass through holes 2243 and move effectively move between toner container rooms 55a and 55b (Fig. 20 [0179]).
Regarding claim 9, modified May teaches the transfer assisting material supplying device according to claim 2, wherein the breaking unit 136 that is composed of a transport unit 136, which transports the transfer assisting material accommodated in the accommodation unit toward the assisting material holding unit and comes into contact with the wall surface 224 to excite the wall surface, is provided (Shimizu Fig. 20 [0173, 0178-0179]).
Regarding claims 14-20, modified May teaches an image forming apparatus (see May Fig. 1) comprising: an image holding unit 10; a transfer unit 60 that transfers an image held by the image holding unit to a medium 70 (May Col. 9 line 6 - Col. 10 line 8); and the transfer assisting material supplying device according to claims 1-7 that supplies a transfer assisting material to the image holding unit (supra).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sakai et al. (US 2019/0056681), Oda (US 2014/0003844), and Barto et al. (US 4,418,643) are cited for teaching toner containers including breaking units that act to break up agglomerated toner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLA J THERRIEN whose telephone number is (571)272-2677. The examiner can normally be reached Monday-Friday 8 am - 4 pm EST.
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/CARLA J THERRIEN/Primary Examiner, Art Unit 2852
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