Prosecution Insights
Last updated: April 19, 2026
Application No. 18/645,460

READING APPARATUS, READING METHOD, AND MEDIUM

Non-Final OA §102§103
Filed
Apr 25, 2024
Examiner
GUILLERMETY, JUAN M
Art Unit
2682
Tech Center
2600 — Communications
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
83%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
430 granted / 597 resolved
+10.0% vs TC avg
Moderate +11% lift
Without
With
+10.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
27 currently pending
Career history
624
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
60.4%
+20.4% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
7.1%
-32.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 597 resolved cases

Office Action

§102 §103
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 . Claims 1 – 9 are pending in this application. Priority Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The information disclosure statements (IDS) submitted on 04/25/2024 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner. Applicant has provided an explanation of relevance of cited document(s) JP-2009-177547A on page 1 of the specification. Applicants have not provided an explanation of relevance of cited document(s) discussed below. Kushida (JP 2004-215009) teaches that when a scan mode key is pressed, an MFP 2 is set to an all terminal read command denial mode for denying all read commands transmitted from computers. Thereafter, when the computer to transmit image data or the like is selected by the user and a scan start key is pressed, the MFP 2 is set to a selected terminal read command reception mode for receiving only the read command transmitted from the selected computer and denying the read commands transmitted from the other computers. Thereafter, when the image data are transmitted from the MFP 2 to the computer and the MFP 2 receives the notification of the end of the fetch of the image data from the computer, the MFP 2 is set to an all terminal read command reception mode for receiving all the read commands transmitted from the computers. Kuwabara (JP 2006-148965 A) teaches that during a time, from a receipt of an image-reading request from a given external information processing apparatus until the performance of a reading start operation, an original reading request from another external information processing apparatus is refused, while a given time has elapsed without the read start operation being performed, a reading request reserved state is released, and the external information processing apparatus, which has accepted the reading request is informed accordingly. If a reading request is made by another external information processing apparatus B2 during the time from the performance of the read start operation, until the completion of the reading, the reading request is accepted, with the original reading being reserved. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 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)(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. Claims 1, 2, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takano (U.S PreGrant Publication No. 2014/0002840 A1, hereinafter ‘Takano’). With respect to claim 1, Takano teaches a reading apparatus (e.g., an image forming apparatus 102, Fig. 2) comprising: a user interface (e.g., operating unit 149, ¶0044, Fig. 2); a communication interface (e.g., a network I/F 144, Fig. 2); a scanner (e.g., a scan unit 151, Fig. 2); and a controller (e.g., a CPU 141, Fig. 2) configured to execute a first scan of causing the scanner to read a document in response to an instruction to execute the first scan based on an operation to the user interface (e.g., configured to execute a scanning operation using the scanning unit 151 to scan image upon a scanning executing instruction via said operating unit 149, ¶0066 - ¶0067, ¶0077, Fig. 7), and a second scan of causing the scanner to read a document in response to an instruction to execute the second scan from an external apparatus connected to the reading apparatus via the communication interface (e.g., configured to execute a second scanning operation in response to an executing instruction from a scanner driver of an information processing apparatus 101 connected to said image forming apparatus 102, ¶0059, Fig. 4), wherein the controller is configured to: execute the first scan without requiring authentication in a case where the controller receives, via the user interface, the instruction to execute the first scan (e.g., without inputting authentication, Fig. 7); and perform the authentication in a case where the controller receives, via the communication interface, the instruction to execute the second scan (e.g., perform authentication in a case when the instruction is executed from said scanned driver to execute scanning, ¶0006, ¶0077, Fig. 7), and then execute the second scan in a case where the authentication succeeds and not execute the second scan in a case where the authentication fails (e.g., if authentication is OK, then execute scanning; otherwise, if authentication is not OK, then suspend or go back to wait for another authentication executing instruction, Fig. 6A, Fig. 7). With respect to claim 2, Takano teaches the reading apparatus according to claim 1, wherein in the case where the controller receives the instruction to execute the second scan via the communication interface, the controller is configured to require authentication information to the external apparatus, and to perform the authentication by using the authentication information obtained from the external apparatus (e.g., upon executing the scan instruction, the user is required to input authentication information in order to perform authentication with the inputted authentication information, Fig. 8). With respect to claim 8, this is a method claim corresponding to the apparatus claim 1. Therefore, this is rejected for the same reasons as the apparatus claim 1. With respect to claim 9, Takano notes that the invention may be realized through the execution by a CPU (i.e., a CPU, ¶0150) of instruction codes (e.g., a program recorded, ¶0150) stored in a non-transitory computer readable storage medium (e.g., stored in a recording medium of various types serving as the memory device (e.g., computer-readable medium), ¶0150). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 3, 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Takano in view of Mizumukai (U.S Patent No. 8,345,287 B2, hereinafter ‘Mizumukai’). With respect to claim 3, Takano teaches the reading apparatus according to claim 1, but fails to teach wherein: the controller is configured to set a restriction setting value regarding a restriction of a scan; and in a case where the controller receives the instruction to execute the first scan via the user interface and where the restriction setting value indicates a restriction of the first scan, the controller is configured to restrict the first scan in accordance with the restriction setting value. However, the aforementioned claimed limitations are well-known in the art as evidenced by Mizumukai. In general, Mizumukai teaches wherein: the controller is configured to set a restriction setting value regarding a restriction of a scan; and in a case where the controller receives the instruction to execute the first scan via the user interface and where the restriction setting value indicates a restriction of the first scan, the controller is configured to restrict the first scan in accordance with the restriction setting value (e.g. it simply a window to set restriction setting for at least a scanning function, Col 5 (lines 1 – 12); Col 5 (lines 37 – 45); , Figs. 4 - 6). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the reading apparatus of Takano as taught by Mizumukai since Mizumukai suggested within Col 5 (lines 1 – 12), Col 5 (lines 37 – 45) and Figs. 4 – 6 that such modification of having the window to set restriction setting for the scanning function onto the scanning function of Takano would determine, based on restriction settings, whether or not the user is authorized to make use of the processing (scanning) indicated in a processing command input through an operation unit or the communications unit in order to prevent reduction of level of security or privacy protection arising due to deficient setting by an administrator user. With respect to claim 4, Takano teaches the reading apparatus according to claim 1, but fails to teach wherein the controller is configured to: set a restriction setting value regarding a restriction of a scan in a manner that the restriction setting value is correlated to a user; and execute the authentication based on user information included in the instruction to execute the second scan, execute the second scan in a case where the restriction setting value does not indicate that the first scan is restricted with respect to the user indicated by the user information and where a condition for succeeding the authentication is satisfied, and restrict the second scan in a case where the restriction setting value indicates that the first scan is restricted with respect to the user indicated by the user information even if the condition for succeeding the authentication is satisfied. However, the aforementioned claimed limitations are well-known in the art as evidenced by Mizumukai. In general, Mizumukai teaches wherein the controller is configured to: set a restriction setting value regarding a restriction of a scan in a manner that the restriction setting value is correlated to a user; and execute the authentication based on user information included in the instruction to execute the second scan, execute the second scan in a case where the restriction setting value does not indicate that the first scan is restricted with respect to the user indicated by the user information and where a condition for succeeding the authentication is satisfied, and restrict the second scan in a case where the restriction setting value indicates that the first scan is restricted with respect to the user indicated by the user information even if the condition for succeeding the authentication is satisfied (e.g. it simply the window to set restriction setting for at least a scanning function and/or for restricting a logged-in user, Col 5 (lines 1 – 12); Col 5 (lines 37 – 45); , Figs. 4 - 6). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the reading apparatus of Takano as taught by Mizumukai since Mizumukai suggested within Col 5 (lines 1 – 12), Col 5 (lines 37 – 45) and Figs. 4 – 6 that such modification of having the window to set restriction setting for the scanning function onto the scanning function of Takano would determine, based on restriction settings, whether or not the user is authorized to make use of the processing (scanning) indicated in a processing command input through an operation unit or the communications unit in order to prevent reduction of level of security or privacy protection arising due to deficient setting by an administrator user. With respect to claim 6, Takano teaches the reading apparatus according to claim 1, but fails to teach wherein the controller is configured to: set a plurality of restriction setting values each regarding a restriction of a scan in a manner that the plurality of restriction setting values are correlated to a plurality of users, respectively; and require the authentication, in a case where the controller receives the instruction to execute the second scan and where all of the plurality of restriction setting values indicates that the first scan is restricted or a restriction setting value, of the plurality of restriction setting values, corresponding to a predetermined user, of the plurality of users, indicates that the first scan is restricted. However, the aforementioned claimed limitations are well-known in the art as evidenced by Mizumukai. In particular, Mizumukai teaches wherein the controller is configured to: set a plurality of restriction setting values each regarding a restriction of a scan in a manner that the plurality of restriction setting values are correlated to a plurality of users, respectively; and require the authentication, in a case where the controller receives the instruction to execute the second scan and where all of the plurality of restriction setting values indicates that the first scan is restricted or a restriction setting value, of the plurality of restriction setting values, corresponding to a predetermined user, of the plurality of users, indicates that the first scan is restricted (e.g. it simply a window to set restriction setting for at least a scanning function or for restricting a plurality of users, ¶0009, Fig. 5). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the reading apparatus of Takano as taught by Mizumukai since Mizumukai suggested within Col 5 (lines 1 – 12), Col 5 (lines 37 – 45) and Figs. 4 – 6 that such modification of having the window to set restriction setting for the scanning function onto the scanning function of Takano would determine, based on restriction settings, whether or not each user is authorized, based on access right, to make use of the processing (scanning) indicated in a processing command input through an operation unit or the communications unit in order to prevent a logged-in user from performing an operation with respect to a job of a user other than the logged-in user and strengthen security by simply enabling device authentication. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Takano in view of Sato (U.S PreGrant Publication No. 2019/0286393 A1, cited in an IDS filed on 04/25/2024, hereinafter ‘Sato’). With respect to claim 5, Takano teaches the reading apparatus according to claim 1, but fails to teach wherein the controller is configured: to set a restriction setting value regarding a restriction of a scan in a manner that the restriction setting value is correlated with a no log-in state; to require the authentication in a case where the controller receives the instruction to execute the second scan and where the restriction setting value indicates that the first scan in the no log-in state is restricted; and not to require the authentication in a case where the controller receives the instruction to execute the second scan and where the restriction setting value does not indicate that the first scan in the no log-in state is restricted. However, the aforementioned claimed limitations are well-known in the art as evidenced by Sato. In particular, Sato teaches wherein the controller is configured: to set a restriction setting value regarding a restriction of a scan in a manner that the restriction setting value is correlated with a no log-in state; to require the authentication in a case where the controller receives the instruction to execute the second scan and where the restriction setting value indicates that the first scan in the no log-in state is restricted; and not to require the authentication in a case where the controller receives the instruction to execute the second scan and where the restriction setting value does not indicate that the first scan in the no log-in state is restricted (Sato: it determines whether a scanning function is restricted; if restricted, then perform authentication; if not, the authentication is not performed or not required, abstract, ¶0065, Figs. 3 – 5, 7B, 7C, 8 & 9). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the reading apparatus of Takano as taught by Sato since Sato suggested within abstract, ¶0065 and Figs. 3 – 5 & 7 - 9 that such modification requiring authentication upon a function would validate/confirm if the user is authorized/authenticated in order to allow/permit the user to obtain his desired operation. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Takano in view of Tsujimoto (U.S PreGrant Publication No. 2011/0134456 A1, hereinafter ‘Tsujimoto’). With respect to claim 7, Takano teaches the reading apparatus according to claim 1, wherein: the communication interface is an interface configured to be connected to the external apparatus via an communication line; and the controller is configured to execute the second scan without requiring the authentication in a case where the controller receives the instruction to execute the second scan from the external apparatus via the communication line; but fails to teach that said communication line is specifically an USB cable. However, Tsujimoto teaches an USB cable (Tsujimoto: e.g., a transmission medium encompassing a USB line, ¶0159). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the reading apparatus of Takano as taught by Tsujimoto since Tsujimoto suggested in ¶0159 that such modification of using USB cable/line instead of the local network 103 of Tanako would handle greater versatility, power delivery or ease of use in order to lower operational costs. Conclusion The prior art made of record and not relied upon are considered pertinent to applicant's disclosure: Sasaki (U.S PG Publication No. 2020/0128149 A1)1 Fukuda (U.S PG Publication No. 2009/0180138 A1)2 1This reference teaches a scanner receiving a scanning instruction from a terminal device or by the scanner itself (e.g., after pressing scan button), and determine if authentication and access are successful; if successful, then execute scanning operation. 2This reference teaches when a function executing unit is in condition to be able to execute processing, a control unit controls the function executing unit to execute the processing according to the user with the operation unit restricting operation input. When a job that indicates a content of the processing is stored in the memory unit, the control unit may determine that the function executing unit is in condition to be able to execute processing. When the function executing unit includes a scanning unit that scans an image of an original document, the control unit 130 may determine that the function executing unit is in condition to be able to execute processing when the original document is on the scanning unit, and when the authentication succeeds in the state that the function executing unit can execute the process, the image forming apparatus doesn't shift to the login state. Then the function executing unit executes the process that the user who succeeds the authentication has the executing authority of. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN M GUILLERMETY whose telephone number is (571)270-3481. The examiner can normally be reached 9:00AM - 5:00PM. 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, Benny Q TIEU can be reached at 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JUAN M GUILLERMETY/Primary Examiner, Art Unit 2682
Read full office action

Prosecution Timeline

Apr 25, 2024
Application Filed
Mar 18, 2026
Non-Final Rejection — §102, §103 (current)

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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
72%
Grant Probability
83%
With Interview (+10.8%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 597 resolved cases by this examiner. Grant probability derived from career allow rate.

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