DETAILED ACTION
Claim Rejections - 35 USC § 112
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, 10 and 17 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. The claims recites a second number of times determining that the “motor returns from outside the target rotating speed range…” However, it would seem that the motor only returns a single time. That is, if Examiner understands the intention correctly, it would seem that the motor returns to the target range once, and then a number of times of detection occur after that single return. Thus, to states that a number of times of the motor itself returning is detected seems indefinite because it is not actually the number of times the motor crosses between the target range and the non-target range that is being determined but rather a number of detections after the motor enters the target range from the non-target range.
Moreover, the claims recite wherein both of the first and second number of times are compared with a single claimed specified continuous number of times, but it would seem from the specification that the first number of times is compared with a first specified continuous number of times, and the second number of times is compared with a second specified continuous number of times that is different from the first. That is, pages 32-33 of the present application seem to detail a scenario where the first number of times is compared with a specified continuous number of times of 3 while the second number of times is compared with a specified continuous number of times of 2. Clarification is required.
Because all other claims depend from claims 1, 10 and 17, they are also rejected on this basis.
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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino et al. (5,298,840) in view of Dan (2006/0033804).
Regarding claims 1, 10 and 17, Yoshino teaches an image forming apparatus and method configured to scan light on a photoconductive body with a rotated by a mirror motor and perform image formation, the image forming apparatus comprising:
at least one processor (fig. 1) configured to:
after the motor is started and shifts to steady rotation (fig. 2(a), target speed) in a target rotating speed range (fig. 2(a), range from lower limit speed to upper limit speed), determine, repeatedly at a regular interval, whether rotating speed of the motor is within the target rotating speed range (see fig. 2(b));
count, with a first counter, a first number of times of the determining that the rotating speed of the mirror is outside the target rotating speed range, and count, with a second counter, a second number of times of the determining that the rotating speed of the mirror returns from outside the target rotating speed range with within the target rotating speed range (see fig. 2);
when the first number of times reaches a specified continuous number of times, determine that failure of the motor occurred (see fig. 2, note at a “failure” is being determined as any detection of the rotating speed being outside of the range); and
a storage configured to, when the second number of times is less than the specified continuous number of times, store the number of times (see fig. 2).
Yoshino does not teach wherein the motor is a mirror motor. Dan teaches this (Dan, [0106], fig. 8). It would have been obvious to one of ordinary skill in the art at the time of invention to apply the motor control technique disclosed by Yoshino to the mirror motor disclosed by Dan because doing so would amount to combining a specific type of motor with a specific motor control technique to obtain predictable results.
Regarding claims 2, 12 and 18, Yoshino in view of Dan teaches the apparatus and method according to claims 1 and 10, wherein the storage includes a counter (Yoshino, fig. 1, item 17) configured to count a number of times the rotating speed of the mirror motor returns from outside of the target rotating speed range to within the target rotating speed range less than the specified continuous number of times (Yoshino, see fig. 2).
Regarding claims 3, 13 and 19, Yoshino in view of Dan teaches the apparatus and method according to claims 1 and 13, wherein the at least one processor is configured to:
reset the first counter according to the determination by the at least one processor that the rotating speed of the mirror motor is within the target rotating speed range
Regarding claims 4, 14 and 20, Yoshino in view of Dan teaches the apparatus and method according to claims 3 and 13, wherein
Regarding claims 5 and 15, Yoshino in view of Dan teaches the apparatus according to claims 1 and 15, wherein the motor outputs a rotation synchronous signal (Yoshino, fig. 2, signal G) when rotating within the target rotating speed range, and the at least one processor is configured to detect the rotation synchronous signal at the regular interval to determine whether the rotating speed of the mirror motor is within the target rotating speed range (Yoshino, col. 6, lines 48-57).
Regarding claims 6 and 16, Yoshino in view of Dan teaches the apparatus and method according to claims 1 and 16, further comprising a communication circuit configured to transmit the number of times stored by the storage unit to a server apparatus via a network (Yoshino, see fig. 1).
Regarding claim 7, Yoshino in view of Dan teaches the apparatus according to claim 1, wherein the mirror comprises a polygon mirror (Dan, fig. 3, item 19).
Regarding claim 8, Yoshino in view of Dan teaches the apparatus according to claim 7, wherein the mirror motor comprises a polygon mirror motor (Dan, see fig. 3).
Regarding claim 9, Yoshino in view of Dan teaches the apparatus according to claim 1, wherein the photoconductive body comprises a photoconductive drum (Dan, fig. 2, item 27).
Regarding claim 10, Yoshino in view of Dan teaches the apparatus according to claim 1, wherein the light scanned on the photoconductive body is laser light (Dan, [0017]).
Response to Arguments
Applicant's arguments filed 1 have been fully considered but they are not persuasive. The claims have been amended to further specify the operation of the device, but the amendment fails to distinguish the claimed invention from the prior art. The rejections above have been updated to reflect the changes to the claims. The standing prior art rejection is maintained.
Conclusion
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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/ALEJANDRO VALENCIA/Primary Examiner, Art Unit 2853