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 .
Response to Arguments
Applicant's arguments filed March 12, 2026 have been fully considered but they are not persuasive. Applicant has amended the claim set and states that these amendments overcome the following rejections laid out in the December 12, 2025 Non-final Office Action:
The anticipation rejections of Claims 1-9 & 13 based on Fukai (US 20200041947);
The obviousness rejections of Claims 10 & 14-15 based on Fukai and further in view of Nunokawa (US 20030077098);
The obviousness rejections of Claims 11-12 based on Fukai in view of Nunokawa and further in view of Huston (US 6148162); and
The obviousness rejection of Claim 16 based on Fukai in view of Nunokawa and further in view of Carzorla (WO 2022159104).
The Examiner respectfully disagrees. Fukai can also be used to reject the amended independent Claim 1 and dependent claims 2-9 & 13. Subsequently, it can be used in tandem with other prior art (i.e., Nunokawa, Huston, and/or Carzorla) to reject Claims 10-12 & 14-16. Therefore, Claims 1-16 in the claim set filed on March 12, 2026 are rejected despite the Applicant’s amendments (see sections discussing 102 and 103 rejections for detailed claim analysis).
Please note that the word “clearance” does not sufficiently specify the concept of “distance” that was previously used in the claim set received on April 25, 2024 in order to overcome the teachings in Fukai. Based on the Applicant’s disclosure, the Examiner assumes the Applicant is attempting to clarify that the distance being claimed is between the imaging device and the conveyance path in an up-down direction. However, the word “clearance” does not specify a direction nor does the addition of the phrase “and the conveyance path”. Fukai sufficiently teaches the amended Claim 1 limitation (i.e., “clearance from the imaging device and the conveyance path changes”), by teaching this clearance in the right-left direction (see Fukai Fig. 3A and Fig. 3B). The conveyance path’s rollers “53” and “54” are shown to have changed clearance in the right-left direction from the imaging device “30” when the first arrangement depicted in Fig. 3A is converted to the second arrangement in Fig. 3B. Therefore, Fukai teaches the amended claim language.
In addition, Applicant has amended Claim 6 in response to the objection stated in the December 12, 2025 Non-final Office Action. This amendment sufficiently addresses the objection and the objection is now withdrawn.
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.
Claims 1-9 and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fukai (US20200041947A1).
With respect to Claim 1, Fukai teaches an image reading device (i.e., an “image reading unit”; [0009]; Fig. 3A, element “30”) comprising the following:
a conveyer ([0009]; Fig. 1, element “50”), and
an imaging device that reads optical information on a surface of a sheet-like member being conveyed by the conveyer, in an imaging area of a predetermined range in a conveyance direction ([0009] and Fig. 3A, elements “30” and “51” through “54”),
wherein the conveyer comprises a conveyance path moving mechanism (i.e., “moving unit”; [0067]) that moves a conveyance path in the imaging area so that a clearance from the imaging device and the conveyance path changes ([0009]; [0065]-[0067]; Fig. 4, element “S2”; Fig. 3A & 3B, “30” and “51” through “54”). Fukai teaches that the conveyance path’s rollers (i.e., Fig. 3A&B: “53” and “54”) have changed clearance in the right-left direction from the imaging device (i.e., Fig. 3A&B: “30”) when the first arrangement depicted in Fig. 3A is converted to the second arrangement in Fig. 3B.
and adjusts a position of the surface of the sheet-like member to a position at a predetermined distance from the imaging device ([0009]; Fig. 3A & 3B).
With respect to Claim 2, Fukai teaches the image reading device according to Claim 1, further comprising:
a shading correction unit ([0033]- [0037]) comprising a reference color member (i.e., “color sample member”; [0060]; Fig. 3A, element “42”) and a reference color member moving mechanism that moves the reference color member between an inside and an outside of the imaging area ([0009]; [0036]; [0067]; Fig. 3A & 3B),
wherein the conveyance path moving mechanism moves the sheet-like member to a position where the sheet-like member does not contact the reference color member arranged in the imaging area ([0009]; [0067]; Fig. 3A & 3B).
With respect to Claim 3, Fukai teaches the image reading device according to Claim 2, wherein the conveyance path moving mechanism moves the conveyance path without changing a conveyance path length ([0076]; [0067]; Fig. 3A & 3B).
With respect to Claim 4, Fukai teaches the image reading device according to Claim 2,
wherein the reference color member has an image formation adjustment image outside the imaging area at a time of performing shading correction of the imaging device ([0033]-[0036]; Fig. 3A & 3B), and
wherein the shading correction unit moves the reference color member so that the image formation adjustment image is arranged in the imaging area ([0033]-[0036]; Fig. 3A & 3B)
With respect to Claim 5, Fukai teaches the image reading device according to Claim 3,
wherein the conveyer further comprises rollers that rotate while supporting the sheet-like member on peripheral surfaces of the rollers, the rollers being disposed at two positions between which the imaging area is sandwiched in a conveyance direction, and ([0009]; Fig. 3A, elements “51” through “54” and “30”)
wherein the conveyance path moving mechanism moves the conveyance path by moving a rotation shaft of at least one of the rollers ([0009]; [0065]-[0067]; Fig. 3A, elements “51” and “52”)
With respect to Claim 6, Fukai teaches the image reading device according to Claim 5, wherein at least one of the rollers of the conveyer has one end and the other end in a conveyance width direction and the one end and the other end are movable independently of each other (Fig. 3A & 3B; [0065]; [0067]).
With respect to Claim 7, Fukai teaches the image reading device according to Claim 1, further comprising:
a background member having a conveyance width direction length equal to or longer than a conveyance width direction length of the sheet-like member; and ([0060]-[0061]; Fig. 3A, element “41”)
a background member moving mechanism that moves the background member, ([0066]-[0067]; Fig. 3A & 3B)
wherein, when the imaging device captures an image of the sheet-like member, the background member moving mechanism moves the background member according to the movement of the conveyance path by the conveyance path moving mechanism so as to face, in the imaging area, a back surface of the sheet-like member with a predetermined distance spaced apart from the back surface ([0061]; [0066]-[0067]; Fig. 3A & 3B).
With respect to Claim 8, Fukai teaches an image forming apparatus comprising: the image reading device according to Claim 1; and an image forming section (i.e., an “image forming unit”; [0009]; Fig. 1, element “20”) that uses the sheet-like member being conveyed by the conveyer as a recording medium and forms an image on a surface of the recording medium ([0009]; [0050-0055]).
With respect to Claim 9, Fukai teaches the image forming apparatus according to Claim 8, wherein the recording medium is a continuous recording medium that is long in the conveyance direction ([0009]; Fig. 3A & 3B)
With respect to Claim 13, Fukai teaches the image forming apparatus according to Claim 9:
wherein the recording medium (“long paper”) has an image formation adjustment image formed thereon (i.e., using an “image forming unit”; [0027]-[0028]; Fig. 1, element “20”),
wherein the imaging device performs image formation adjustment by capturing the image formation adjustment image ([0034]-[0037]; Fig. 1)
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.
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 10 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Fukai in view of Nunokawa & Kosugi (US 20030077098 A1; herein referred to as “Nunokawa”).
With respect to Claim 10, Fukai teaches the image forming apparatus according to Claim 9, wherein the conveyance path moving mechanism adjusts the distance of the conveyance path from the imaging device (Fukai: ([0009]; [0065]-[0067]; Fig. 4, element “S2”; Fig. 3A & 3B, “30” and “51” through “54”)). Fukai also teaches a control unit (Fukai: Fig. 4, element “11”) which “reads programs…and execute the read programs, thereby controlling the units of the like of the image forming apparatus” (Fukai: [0032]). Fukai teaches the control unit “performs control to move the background member 41, the color sample member 42 and the conveying member 50, thereby switching to the first arrangement in which the image reading unit 30 faces the background member 41 via the long paper, and causes the image reading unit 30 to read the long-paper surface with the background member 41 as the background” (Fukai: [0034]; Fig. 1). Fukai teaches examples of the “the switch” between arrangements, but notes that “appropriate modifications can be made without departing from the scope or spirit of the present invention” (Fukai: [0091]-[0092]).
Fukai is silent on the conveyance path moving mechanism’s adjustment of the distance of the conveyance path from the imaging device (i.e., “switching” between arrangements) occurring based on a type of the recording medium being conveyed.
Nunokawa teaches an invention to “store and detect paper paper-related information” and “to execute printing processing by using the stored or detected paper-related information” (Nunokawa, [0006]). Nunokawa teaches “paper-related information” includes “paper thickness”, can be used so “the appropriate platen gap can be set for each roll paper member” (Nunokawa: [0107]). To execute this adjustment of distance (i.e., adjusting the “platen gap”), Nunokawa also teaches a control circuit which can operate within a roll paper printing system, executing control processes based on a type of media being conveyed (Nunokawa: Fig. 1, element “50”; [0028]; [0070]; Fig. 6). This control circuit, coupled with the paper-related information detection technology, can be used to control a conveyance path moving mechanism which adjusts the distance of the conveyance path from the imaging device based on a type of the recording medium being conveyed (Nunokawa: [0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the paper-related information detection technology taught in Nunokawa (Nunokawa: [0006] and [0107]) as well as the controller (Nunokawa: [0028]; [0070]; Fig. 6) in the image forming apparatus taught in Fukai, specifically in its “Control Unit” (Fukai: Fig. 2). Incorporating technology that can detect a type of recording medium being conveyed and a controller which can execute processes based on that paper-related information expands the executive functions of the control unit taught in Fukai. Moreover, it enables the apparatus taught in Fukai to optimize the operation of that apparatus in an automated fashion based on the detection and processing of paper-related information, such as automatically adjusting the platen gap based on a recording medium’s thickness (Nunokawa: [0105]-[0107]).
With respect to Claim 14, Fukai teaches an image forming apparatus, however, is silent on a recording medium detector that detects physical properties of the recording medium being conveyed to the image forming section, and wherein information on the type of the recording medium is acquired based on the physical properties detected by the recording medium detector.
Nunokawa teaches a recording medium detector that detects physical properties of the recording medium being conveyed to the image forming section, and wherein information on the type of the recording medium is acquired based on the physical properties detected by the recording medium detector (i.e., “an invention to store and detect paper-related information”; Nunokawa: [0006]). Nunokawa also teaches that this detector can provide information to a control circuit which can operate within a roll paper printing system, executing control processes based on a type of media being conveyed (Nunokawa: Fig. 1, element “50”; [0006]; [0028]; [0070]; Fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the paper-related information detection technology taught in Nunokawa (Nunokawa: [0006] and [0107]) in the image forming apparatus taught in Fukai, specifically in its “Control Unit” (Fukai: Fig. 2). Incorporating technology that can detect a type of recording medium being conveyed and a control circuit which can execute processed based on that paper-related information expands the executive functions of the control unit taught in Fukai. Moreover, it enables the apparatus taught in Fukai to optimize the operation of that apparatus in an automated fashion based on the detection and processing of paper-related information, such as automatically adjusting the platen gap based on a recording medium’s thickness (Nunokawa: [0105]-[0107]).
With respect to Claim 15, Fukai teaches the image forming apparatus, wherein the conveyance path moving mechanism moves the conveyance path so that the distance from the imaging device changes and that at the same time the conveyance path is moved in the conveyance direction in the imaging area (Fukai: ([0009]; [0065]-[0067]; Fig. 3A & 3B, “30” and “51” through “54”).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fukai in view of Nunokawa, and further in view of Huston et al. (US 6148162 A; herein referred to as “Huston”).
With respect to Claim 11, Fukai in view of Nunokawa teaches the image forming apparatus, but is silent on the following:
wherein the recording medium has formed thereon a profile image including information on the type of the recording medium, and
wherein the information on the type of the recording medium is acquired by the imaging device capturing the profile image.
Huston teaches an apparatus wherein:
the recording medium (i.e., the “media”) has formed thereon a profile image (i.e., “indicia”) including information on the type of the recording medium (i.e., the “media type”; Huston: col. 4, l. 13-18; Fig. 1, element “210”), and
the information on the type of the recording medium is acquired (i.e., “senses”) by the imaging device capturing the profile image (Huston: col. 3, l. 34-38; Fig 1, elements “220” and “230”; Fig. 4). Huston teaches that the information acquired by the apparatus is “translated to a printer command signal…a signal that is interpreted by the printer for controlling printing operations” (Huston: col. 3, l. 39-44; Fig. 2: elements “230”, “240”, “250”, and “260”). This command signal would be read by the controller in the apparatus taught by Fukai in view of Nunokawa and, subsequently, control apparatus operations (Huston: col. 3, l. 39-44; col. 3, l. 49-62; Fig. 2: elements “230”, “240”, “250”, and “260”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ability to record and read information on the type of the recording medium within the image forming apparatus taught in Fukai in view of Nunokawa. Using the technology taught in Huston to operate the conveyance path moving mechanism taught in Fukai in view of Nunokawa (i.e., a “printing operation” controlled via a “printer command”), is an obvious combination given the moving mechanism taught in Fukai in view of Nunokawa moves based on a type of recording medium and therefore requires information on the type of recording medium to be analyzed by the controller to initiate that printer operation. Huston further teaches motivation for incorporating the stated elements into the apparatus taught by Fukai in view of Nunokawa, stating: “Since the indicia may contain a variety of coded information, numerous printer commands may be identifiable therefrom. For example, if the indicia are encoded on the paper in a fashion similar to conventional bar coding (and scanning) technology, the number of distinguishably encoded commands is virtually limitless. As such, it will be clear to one of ordinary skill in the art that many printer operations may be controlled according to the method of the present invention. Accordingly, the command signals generated need only correlate to conventional printer commands” (Huston: col. 3, l. 49-62). Enabling the apparatus taught in Fukai in view of Nunokawa to significantly increase the number of conventional printer commands which can be recorded and read to initiate printer operations is an obvious enhancement of the taught apparatus.
With respect to Claim 12, Fukai in view of Nunokawa teaches the image forming apparatus, but is silent on the following: wherein the image forming section forms, together with an image to be printed in a job being performed, the profile image including information on the type of the recording medium outside an image formation area of the recording medium where the image to be printed is formed.
Huston teaches the apparatus wherein the image forming section forms, together with an image to be printed in a job being performed, the profile image including information on the type of the recording medium outside an image formation area of the recording medium where the image to be printed is formed (Huston: col. 3, l. 34-38; col. 3, l. 63-67 - col. 4, l. 1-5; col. 4, l. 13-18; Fig. 1, elements “210” and “220”; Fig. 2, elements “23”, “25”, ”27”, and “29”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ability to record information on the type of the recording medium within the image forming apparatus taught in Fukai in view of Nunokawa (as discussed in Claim 11). Huston teaches incorporating this feature, with the information on the type of the recording medium occurring outside an image formation area of the recording medium, to be the preferred embodiment of the taught invention. Huston states: “In a preferred embodiment of the invention, indicia are placed on the four edges of the media. The indicia can be in the form of a bar code encoding such information as brand, media type, orientation, and size” (Huston: col. 4, l. 13-18; emphasis added).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Fukai in view of Nunokawa, and further in view of Cazorla (WO2022159104A1; herein referred to as “Carzorla”).
With respect to Claim 16, Fukai in view of Nunokawa teaches the image forming apparatus, including an imaging device, a conveyance path moving mechanism, a conveyance path moved by the conveyance path moving mechanism, and a controller which can execute processes based on paper-related information (see discussion in Claim 10).
Fukai in view of Nunokawa is silent, however, on the specific use of the controller to execute the following process: the imaging device adjusts a timing of capturing an image of the recording medium according to the position of the conveyance path moved by the conveyance path moving mechanism.
Cazorla teaches the specific use of a controller within a printing apparatus to execute the following process: the imaging device adjusts a timing of capturing an image of the recording medium according to the position of the conveyance path moved by the conveyance path moving mechanism (Cazorla: [0025]; [0031]; [0059]; [0067]). Cazorla teaches that a controller can be used “to determine the media advancement prediction based on the displacement mechanism operational parameter and some other parameters”, such as “the type of media” and “the voltage of the displacement mechanism” (Cazorla: [0031]). Subsequently, the controller’s advancement prediction can be used to execute adjustments to the timing of capturing an image of the recording medium. The apparatus taught in Fukai in view of Nunokawa can execute this timing adjustment process taught in Cazorla.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ability of the imaging device taught in Fukai in view of Nunokawa to adjust a timing of capturing an image of the recording medium according to the position of the conveyance path moved by the conveyance path moving mechanism using the media advancement prediction taught in Cazorla. Cazorla teaches the following motivation to incorporate this feature: “In other examples, such as in scanning printers, the media may travel in discretional advance segments. In some of the above examples, media may not advance in such continuous speed or in the intended discretional advance segments. This may cause part quality issues as the printing elements within the printing carriage are accurately controlled to eject printing fluid in specific precise locations. Therefore, accurately controlling the advance of the media leads to printed product with a superior print quality” (Cazorla: [0015]-[0016]; emphasis added). An apparatus with an imaging device that is not properly viewing (i.e., “scanning”) the profile image may lead to quality issues when performing shade correction, which relies on the scan of the profile image. Utilizing the media advancement prediction taught in Cazorla (based on the displacement mechanism operational parameters associated with the apparatus taught in Fukai in view Nunokawa) to ensure the imaging device is properly viewing the profile image can improve the overall quality of the final printed profile image.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHLOMIT CHELST whose telephone number is (571)272-0832. The examiner can normally be reached on M-F from 8:30 am to 5:00 pm.
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/SHLOMIT CHELST/ Examiner, Art Unit 2853
/RICARDO I MAGALLANES/ Supervisor Patent Examiner, Art Unit 2853
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