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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. 12015747. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application are not patentably distinct from the claims of U.S. Patent No. 12,015,747 B2. The reference patent discloses and claims an image forming apparatus having:
a discharge tray for supporting a recording medium discharged from the apparatus main body,
an internal unit disposed inside the apparatus main body,
a door configured to open and expose a fixing member that fixes the discharge tray to the apparatus main body,
removal of the fixing member permitting detachment of the discharge tray without removing other outer surface members, and
detachment of the discharge tray permitting access to the internal unit.
The present claims recite subject matter that is either identical to, or an obvious variation of, the subject matter already claimed in the reference patent.
Claim 1 recites an image forming apparatus including a discharge tray, an internal unit, and a door that exposes a fixing member for the discharge tray, with detachment of the discharge tray allowing access to the internal unit. These features are disclosed and claimed in claim 1 of U.S. Patent No. 12,015,747 B2.
The additional recitation in claim 1 that a “second fixing member” fixes the internal unit to the apparatus main body and that removal of the second fixing member permits detachment of the internal unit does not patentably distinguish the claim from the reference patent, because the reference patent expressly teaches access to and detachment of an internal unit after removal of the discharge tray. The added limitation merely states an obvious implementation of a serviceable internal unit arrangement within the same apparatus.
Claims 2–11 each further limit claim 1 with features separately disclosed in the reference patent’s dependent claims, including but not limited to:
first and second side walls disposed on opposite edges of the discharge tray,
a cartridge attachable/detachable through opening of the door,
a guide member opening a conveyance path,
a waste toner box accessible through opening of the door,
an internal unit disposed below the discharge tray with an opening larger than the internal unit,
a scanner unit as the internal unit,
a document reading apparatus above the discharge tray,
a door disposed downstream in the discharge direction, and
a sheet cassette with attachment/detachment direction parallel or perpendicular to the discharge direction.
These limitations are individually and collectively disclosed in U.S. Patent No. 12,015,747 B2, and their combination would have been an obvious variant of the claims already patented. Accordingly, claims 2–11 are also unpatentable over the reference patent.
Present Application Claim 1
An image forming apparatus for forming an image on a recording medium
a discharge tray configured to support the recording medium, on which an image has been formed and which has been discharged to an outside of an apparatus main body of the image forming apparatus
an internal unit disposed inside the apparatus main body, the internal unit being configured to operate in an image forming operation or a conveyance operation for the recording medium
a door serving as a part of outer surface members of the apparatus main body, the door being configured to be opened to expose a first fixing member … and configured to be closed to cover the first fixing
by opening of the door, the first fixing member is exposed … removing of the first fixing member … allows the discharge tray to be detached … without removing the outer surface members other than the door
wherein, by detaching the discharge tray … a second fixing member that fixes the internal unit … is exposed … and removing of the second fixing member … allows the internal unit to be detached
U.S. Patent No. 12,015,747 B2
Claim 1 recites “An image forming apparatus for forming an image on a recording medium”
Claim 1 recites “a discharge tray configured to support the recording medium, wherein the recording medium is a recording medium on which the image has been formed and which has been discharged to an outside of an apparatus main body of the image forming apparatus”
Claim 1 recites “an internal unit disposed inside the apparatus main body and which is any one of the following: a scanner unit for irradiating an image bearing member with light, a bundle wire, or an electrical circuit board”
Claim 1 recites “a door configured to be opened and closed by rotating around an axis to expose and cover a fixing member that removeably attaches the discharge tray to the image forming apparatus”
Claim 1 recites that by rotating the door open, the fixing member is exposed and detachable, and detaching the fixing member and then the discharge tray allows access to the internal unit without detaching other outer surface members
The reference patent expressly teaches that detaching the discharge tray allows access to the internal unit and, in embodiments, the internal unit may be detached after exposure of its fixing members; see claims 22, 26, 32 and the disclosure regarding the exposure apparatus/discharge unit/internal electronics
Present Application Claim 2
a first side wall and a second side wall each disposed on a different one of both edges of the discharge tray in a recording medium width direction
the first side wall and the second side wall are configured to regulate a widthwise position of the recording medium supported by the discharge tray
in a state where the first side wall and the second side wall are attached to the apparatus main body, the discharge tray is separated from the
first side wall and the second side wall and is detached from the apparatus main body
U.S. Patent No. 12,015,747 B2
Claim 2 recites “a first side wall and a second side wall each disposed on a different one of both edges of the discharge tray in a recording medium width direction”
Claim 2 recites the same limitation
Claims 2 and 13 recite that the discharge tray is separated from the first and second side walls and detached from the apparatus main body
Present Application Claim 3
further comprising a cartridge configured to be attached to and detached from the apparatus main body
opening of the door allows the cartridge to be attached to and detached from the apparatus main body
U.S. Patent No. 12,015,747 B2
Claim 3 recites “a cartridge configured to be attached to and detached from the apparatus main body”
Claim 3 recites the same limitation
Present Application Claim 4
further comprising a guide member configured to form a conveyance path of the recording medium
by opening of the door, the guide member moves to open up the conveyance path
U.S. Patent No. 12,015,747 B2
Claim 4 recites “a guide member configured to form a conveyance path of the recording medium”
Claim 4 recites the same limitation
Present Application Claim 5
further comprising a waste toner box configured to be attached to and detached from the apparatus main body
opening of the door allows the waste toner box to be attached to and detached from the apparatus main body
U.S. Patent No. 12,015,747 B2
Claim 5 recites “a waste toner box configured to be attached to and detached from the apparatus main body”
Claim 5 recites the same limitation
Present Application Claim 6
the internal unit is disposed below the discharge tray in a vertical direction
when viewed from an upper side to a lower side in the vertical direction, an opening exposed by detaching the discharge tray … is larger in size than the internal unit
U.S. Patent No. 12,015,747 B2
Claim 6 recites “the internal unit is disposed below the discharge tray in a vertical direction”
Claim 6 recites the same limitation
Present Application Claim 7
the internal unit is a scanner unit configured to irradiate an image bearing member with light
U.S. Patent No. 12,015,747 B2
Claim 7 recites “the internal unit is the scanner unit configured to irradiate an image bearing member with light”
Present Application Claim 8
further comprising a document reading apparatus disposed above the discharge tray in a vertical direction and configured to read a document
U.S. Patent No. 12,015,747 B2
Claim 8 recites “a document reading apparatus disposed above the discharge tray in a vertical direction and configured to read a document”
Present Application Claim 9
the door is disposed on a downstream side in a discharge direction of the recording medium discharged onto the discharge tray
U.S. Patent No. 12,015,747 B2
Claim 9 recites “the door is disposed on a downstream side in a discharge direction of the recording medium discharged onto the discharge tray”
Present Application Claim 10
further comprising a sheet cassette configured to be attached to and detached from the apparatus main body and to support the recording medium
attachment and detachment direction of the sheet cassette is parallel to a discharge direction of the recording medium discharged onto the discharge tray
U.S. Patent No. 12,015,747 B2
Claim 10 recites “a sheet cassette configured to be attached to and detached from the apparatus main body and to support the recording medium”
Claim 10 recites the same limitation
Present Application Claim 11
further comprising a sheet cassette configured to be attached to and detached from the apparatus main body and to support the recording medium
attachment and detachment direction of the sheet cassette is perpendicular to a discharge direction of the recording medium discharged onto the discharge tray
U.S. Patent No. 12,015,747 B2
Claim 13 recites the same limitation
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0409303 A1 is directed to an image forming apparatus—such as a printer or copier—that has a compact opening/closing mechanism for a cover or tray area. The invention focuses on an apparatus main body with an opening portion through which a cartridge can be attached and detached, and an opening and closing member that rotates between open and closed positions while also serving as a sheet stacking surface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENNY QUOC TIEU whose telephone number is (571)272-7490. The examiner can normally be reached Monday-Friday.
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/BENNY Q TIEU/ Supervisory Patent Examiner, Art Unit 2682
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