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 .
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: a supplier (understood as element 14), a projection unit (understood as element 20), an image capturing unit (understood as element 18), all in claim 1.
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 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, 5, 6, 8-10, 13, 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Umemoto et al. US 9,096,399 (“Umemoto”).
Regarding claim 1, Umemoto disclosed a medium feeding device comprising:
a supplier (including 67, 69) that causes a plurality of loaded recording media to levitate and be separated from each other by supplying air to the recording media from an edge of the recording media;
a feeding unit (61) that feeds, in a feeding direction, an uppermost one of the recording media separated by the supplier;
a contact section (57) that comes into contact with a lateral edge of the plurality of recording media from a lateral side of the plurality of recording media;
a projection unit (97) that is provided at the contact section and onto which an image of the lateral edge of the plurality of recording media is projected in the feeding direction; and
an image capturing unit (93) that is disposed in the feeding direction relative to the plurality of recording media and that captures the image projected on the projection unit in a state where the plurality of recording media are supplied with the air from the supplier (Figure 12).
Regarding claim 2, Umemoto disclosed the image capturing unit is disposed at a position where the image capturing unit does not interfere with each recording medium fed by the feeding unit (Figure 12).
Regarding claim 3, Umemoto disclosed the image capturing unit is disposed toward the lateral side relative to a position where each recording medium fed by the feeding unit passes (Figure 12).
Regarding claim 6, Umemoto disclosed the projection unit is attachable to and detachable from the contact section (see at least Figure 12).
Regarding claims 8-10 and 13, Umemoto disclosed an image forming apparatus comprising: the medium feeding device according to claim 1 as mentioned above; and an image forming unit that forms an image onto each recording medium fed from the medium feeding device (Figure 1).
Regarding claim 15, Umemoto disclosed a medium feeding device comprising:
supplying means (67, 69) for causing a plurality of loaded recording media to levitate and be separated from each other by supplying air to the recording media from an edge of the recording media;
feeding means (61) for feeding, in a feeding direction, an uppermost one of the recording media separated by the supplying means;
contact means (57) for coming into contact with a lateral edge of the plurality of recording media from a lateral side of the plurality of recording media;
projection means (97) onto which an image of the lateral edge of the plurality of recording media is projected in the feeding direction, the projection means being provided at the contact means; and
image capturing means (93) for capturing the image projected on the projection means in a state where the plurality of recording media are supplied with the air from the supplying means, the image capturing means being disposed in the feeding direction relative to the plurality of recording media (Figure 12).
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.
Claim(s) 4, 5, 7, 11, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Umemoto.
Regarding claims 4, 5, 11, and 12 Umemoto disclosed the limitations of claim 1 as listed above and that the image capturing unit is coupled to the contact section and may be moved together with the contact section (Figure 12). Furthermore, Umemoto disclosed an image forming apparatus comprising: the medium feeding device according to claim 1 as mentioned above; and an image forming unit that forms an image onto each recording medium fed from the medium feeding device (Figure 1). Umemoto, however, did not appear to teach the contact section is movable toward the lateral side of the recording media. Yet, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to ensure the contact section is movable toward the lateral side of the recording media such that the image capturing unit moves toward the lateral side in conjunction with movement of the contact section. Such adjustments of this sort are well known to accommodate sheets of several sizes. See MPEP 2143(I).
Regarding claims 7 and 14 Umemoto disclosed the limitations of claim 1 as listed above and that the image capturing unit is coupled to the contact section and may be moved together with the contact section (Figure 12). Furthermore, Umemoto disclosed an image forming apparatus comprising: the medium feeding device according to claim 1 as mentioned above; and an image forming unit that forms an image onto each recording medium fed from the medium feeding device (Figure 1). Umemoto, however, did not appear to teach a specific light source. Yet, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use, for example, an overhead light source in the room within which the device is placed. To do so would use a light source that radiates light onto the lateral edge of the plurality of loaded recording media but would not radiate the light onto a projection surface of the projection unit onto which the image is projected since that is contained within duct 89.
To use the device in an illuminated room is well known to operators. See also MPEP 2143(I)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD J SANDERS whose telephone number is (571)270-3096. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOWARD J SANDERS/Primary Examiner, Art Unit 3653
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