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 transport section configured to” (limitation interpreted under 35 U.S.C. 112(f) as the transport rollers) “a reading section configured to read” (limitation interpreted under 35 U.S.C. 112(f) as the scanner) “a first/second reading section configured to read” (limitation interpreted under 35 U.S.C. 112(f) as the scanner) “a guide member that guides the document” (limitation interpreted under 35 U.S.C. 112(f) as the guide rollers) “a pressing member for elastically pressing” (limitation interpreted under 35 U.S.C. 112(f) as the spring) “a first/second pressing member that resiliently pushes” (limitation interpreted under 35 U.S.C. 112(f) as the spring) in claim 1-6, 9-16.
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
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.
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.
Claim(s) 1-3, 10, 12, 13, 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20230305469 to Shirai.
Regarding claim 1, Shirai discloses an image reading device (paragraph 230; inspection device 200), comprising:
a transport section configured to transport a document (paragraph 231, 233; transport roller(transport section) including driving roller 31a for transporting sheet P);
a reading section configured to read an image of the document transported in a transport direction by the transport section (paragraph 56; lower image reading unit 222 reads image on sheet P transported); and
a rotation member that is provided with, on a peripheral surface, at least two background sections having colors different in brightness from each other (paragraph 65, 107-109; rotating member 51 includes on its surface a white plate HK and color calibration plate EK (two background sections); white color on white plate is brighter than any one of the color patches on calibration plate), that is provided at a position facing the reading section (paragraph 132; rotating member 51; rotating member 51 is positioned to face the image reading unit 222; see Fig. 3), and that, by rotating, changes a position of the background section with respect to a reading position of the reading section (paragraph 65, 110; the rotating member can rotate such that either one of white plate HK and color calibration plate EK faces the reading position of the image reading unit 222), wherein
the rotation member is separable from the reading section (paragraph 104, 209-212; see Fig. 8a-8b; cooperating part 51W of rotating member 51 can be moved up so as to separate the contact portion 56 from the light transmitting portion 63 of the image reading unit 222).
Regarding claim 2, Shirai discloses the image reading device according to claim 1, further comprising:
a guide member that is provided upstream of the rotation member in the transport direction and that guides the document between the reading section and the rotation member (see Fig. 25; paragraph 224, 408-410; guide member 72A that guides sheet is upstream of the rotating member 51 in transport direction (left to right see Fig. 15) that faces the image reading section 222 as shown in Fig. 25; see Fig. 3 showing guide on left side that guides sheet between the image reading section 222 on lower side and rotating member 51 on top), wherein
the guide member is separable from a transport path along which the document is transported (paragraph 409; guide member 72A can be moved upward (separable) from the sheet path R).
Regarding claim 3, Shirai discloses the image reading device according to claim 2, wherein
the rotation member separates from the reading section in association with separation of the guide member from the transport path (paragraph 406, 409; rotating member 51 can be moved upward (separated) in association with guide member 72A that can be moved upward (separable) from the sheet path R).
Regarding claim 10, Shirai discloses the image reading device according to claim 1, wherein the rotation member includes a first rotation roller having, as the background section, a peripheral surface in a first color and a second rotation roller having, as the background section, a peripheral surface in a color different from the first color (paragraph 65, 107-109; rotating member 51 (first rotation roller) includes on its background surface a white plate HK (first color); paragraph 65, 102, 107-109; rotating member 52 (second rotation roller) which has same structure as first rotation member 51 includes on its surface a color calibration plate EK which is different from white).
Regarding claim 12, Shirai discloses the image reading device according to claim 2, wherein the rotation member is a calibration reference section for performing color calibration of the reading section (paragraph 107-108, 110-111; color calibration plate EK on the rotating member 51 is used to color calibrate the reading unit 222).
Regarding claim 13, Shirai discloses an image reading device (paragraph 230; inspection device 200), comprising:
a transport section configured to transport a document (paragraph 231, 233; transport roller (transport section) including driving roller 31a for transporting sheet P);
a first reading section configured to read an image of a first surface of the document transported in a transport direction through a transport path by the transport section (paragraph 56; lower image reading unit 222 (first reading section) reads image of lower surface (first surface) on sheet P transported in direction shown in Fig. 1 via transport path R),
a first rotation member that is provided with at least two background sections having colors different in brightness from each other (paragraph 65, 107-109; rotating member 51 (first rotation member) includes on its surface a white plate HK and color calibration plate EK (two background sections); white color on white plate is brighter than any one of the color patches on calibration plate), that is provided at a position facing the first reading section (paragraph 132; rotating member 51; rotating member 51 is positioned to face the image reading unit 222; see Fig. 3), and that, by rotating, changes a position of the background section with respect to a reading position of the first reading section (paragraph 65, 110; the rotating member can rotate such that either one of white plate HK and color calibration plate EK faces the reading position of the image reading unit 222);
a second reading section that is provided downstream of the first reading section in the transport direction and that is configured to read an image of a second surface of the document transported by the transport section (paragraph 55, 287; upper image reading unit 221 (second reading section) is provided at downstream location 82 from the lower image reading unit 222 (first reading section) in transport direction shown in Fig. 1; upper image reading unit 221 reads upper surface of sheet (second surface) transported); and
a second rotation member that is provided with at least two background sections having colors different in brightness from each other (paragraph 65, 102, 107-109; rotating member 52 (second rotation member) which has same structure as first rotation member 51 includes on its surface a white plate HK and color calibration plate EK (two background sections); white color on white plate is brighter than any one of the color patches on calibration plate), that is provided at a position facing the second reading section (paragraph 65; rotating member 52 is at position shown in Fig. 1 facing the upper image reading unit 221), and that, by rotating, changes a position of the background section with respect to a reading position of the second reading section (paragraph 65, 102, 110; the rotating member 52 (similar structure to rotating member 51) can rotate such that either one of white plate HK and color calibration plate EK faces the reading position of the image reading unit 221), wherein
at least one of the first reading section or the first rotation member is separable from the other (paragraph 104, 209-212; see Fig. 8a-8b; cooperating part 51W of rotating member 51 (first rotation member) can be moved up so as to separate the contact portion 56 from the light transmitting portion 63 of the image reading unit 222 (first reading section)) and at least one of the second reading section or the second rotation member is separable from the other (paragraph 102, 104, 209-212, 415; rotating member 52(second rotation member) is similar to rotating member 51; see Fig. 8a-8b; cooperating part 51W of rotating member 52 (second rotation member) can be moved up so as to separate the contact portion 56 from the light transmitting portion 63 of the image reading unit 221 (second reading section)).
Regarding claim 15, Shirai discloses the image reading device according to claim 13, wherein the first reading section is fixed and the first rotation member is separable from the first reading section and the second reading section is fixed and the second rotation member is separable from the second reading section (paragraph 104, 209-212; see Fig. 8a-8b; cooperating part 51W of rotating member 51 (first rotation member) can be moved up so as to separate the contact portion 56 from the light transmitting portion 63 of the fixed image reading unit 222 (first reading section); paragraph 102, 104, 209-212, 415; rotating member 52(second rotation member) is similar to rotating member 51; see Fig. 8a-8b; cooperating part 51W of rotating member 52 (second rotation member) can be moved up so as to separate the contact portion 56 from the light transmitting portion 63 of the fixed image reading unit 221 (second reading section)).
Claim Rejections - 35 USC § 103
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.
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, 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20230305469 to Shirai in view of JP H07250211 to Ohara.
Regarding claim 4, Shirai does not disclose the image reading device according to claim 3, wherein the guide member separates from the transport path by contact with the transported document.
Ohara discloses wherein the guide member separates from the transport path by contact with the transported document (paragraph 23-24; second driven roller 17(guide member) goes up in Fig. 3c from transport path when document (book) contacts the second driven roller 7).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Shirai as taught by Ohara to provide guide member that is separating from the path by document contact.
The motivation to combine the references is to allow reading of thick documents without using large glass reading surface by transporting the document and allow the thick document to be transported into the image reading section by providing guide member that moves up based on contact of document (paragraph 5, 7, 23-24).
Regarding claim 6, Ohara discloses he image reading device according to claim 2, further comprising:
a pressing member for elastically pressing the guide member toward the transport path (paragraph 15; second driven roller 17(guide member) is pressed by spring 18 (pressing member) elastically in direction b which is toward the transport path in Fig. 3).
Regarding claim 7, Ohara discloses the image reading device according to claim 2, wherein the guide member has a roller whose peripheral surface is a curved surface (paragraph 15; roller 17 is circular roller as seen in Fig. 3 which is curved peripheral surface).
Regarding claim 8, Ohara discloses the image reading device according to claim 7, wherein the roller is a drive roller rotated by a first drive source (paragraph 15, 23; drive device (first drive source) provides drive to second driven roller 17(guide member) via belt 13).
Regarding claim 9, Ohara discloses the image reading device according to claim 8, wherein the transport section is driven by power of the first drive source (paragraph 15, 16, 23; the drive device of second driven roller 17 drives belt 13 to transport document).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20230305469 to Shirai in view of US 20150055157 to Hamano.
Regarding claim 11, Shirai does not disclose the image reading device according to claim 10, wherein the first rotation roller and the second rotation roller are drive rollers rotated by power of a drive source.
Hamano discloses wherein the first rotation roller and the second rotation roller are drive rollers rotated by power of a drive source (paragraph 88; first platen roller 5 and second platen roller 5’ are rotated by same drive source (motor m4)).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Shirai as taught by Hamano to provide a single drive source for the first and second rotation roller.
The motivation to combine the references is to simplify and reduce amount of motors needed to operate the image reading device by sharing one motor for both rotation rollers which can then reduce the wait time for scanning when foreign matter is to be detected by driving both rotation rollers at same time (paragraph 7, 88).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20230305469 to Shirai in view of US 20080239416 to Kato.
Regarding claim 14, Shirai does not disclose the image reading device according to claim 13, wherein the first surface is an upper surface and the second surface is a lower surface (paragraph 288-289; if the upper reading unit and lower reading unit are inverted, then the first surface read by upper reading unit is the upper surface and the second surface ready by lower reading unit is lower surface). However Shirai does not disclose the first rotation member is fixed and the first reading section is separable from the first rotation member, and the second reading section is fixed and the second rotation member is separable from the second reading section.
Kato discloses the first rotation member is fixed and the first reading section is separable from the first rotation member, and the second reading section is fixed and the second rotation member is separable from the second reading section (paragraph 205-208; in open state of Fig. 21 platen roller 225 in lower unit 301 (first rotation member) is fixed and image sensor 312 in upper unit 302 (first reading section) is separable and platen roller 225 in upper unit 301 (second rotation member) is separable and image sensor 312 in lower unit 302 (second reading section) is fixed ) .
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Shirai as taught by Kato to provide separation between the reading sections and the rotation members.
The motivation to combine the references is to separate/open the upper unit relative to lower unit such that access is provided to resolve jamming of paper and to allow inside access for cleaning of rollers, the sensor and path (paragraph 93-94).
Allowable Subject Matter
Claims 5, 16 are 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.
Other Prior Art Cited
14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20040165227 to Makino.
US 5101284 to Tanabe.
JP 2003315934 to Minamino.
JP H0242863 to Shima.
Conclusion
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Patent Examiner
Beniyam Menberu
/BENIYAM MENBERU/Primary Examiner, Art Unit 2681
01/22/2026