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 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.
Claims 1-7, 16-18, 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi et al. (US PG Pub 2016/0063361) in view of Nagahara (US PG Pub 2022/0137888).
For claims 1 and 22: Hayashi et al. teaches an image reading device, comprising: a conveyance path R10 (see Fig. 1) along which a recording medium P is conveyed; a colorimeter 70 that reads an image 125 to be subjected to colorimetry, the image being recorded on the recording medium P conveyed on the conveyance path (see Fig. 2). Hayashi et al. does not teach a detector that detects a position of the recording medium in a direction intersecting a conveyance direction of the recording medium and a first hardware processor to control a start position of the colorimetry based on the detection result by the detector. Nagahara teaches a detector which detects a position of the recording medium in direction intersection a conveyance direction D1 of a recording medium (see paragraph 129, the movement direction of the medium is D1 as seen in Fig. 1, the colorimeter detects the start bar 41g1 and uses it as a reference position in the second direction to perform colorimetry on the remaining patches, the unit 19 performs colorimetry on a color patch at a fixed distance in the second direction from the bar 41g1), a first hardware processor that controls a start position of the colorimetry of the colorimeter on a basis of a detection result by the detection (see paragraph 129, once the color start bar is measured, performing colorimetry at a fixed distance in the second direction from the colorimetry start bar 41g1). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the invention of Hayashi et al. to detect a position in the intersecting direction of the medium being the position of the start bar and utilize this position to perform colorimetry at positions relative to the start bar position in the intersection direction as taught by Nagahara for the purpose of detecting colors within provided spot patches.
For claim 2: The combination of Hayashi et al. and Nagahara teaches the image reading device according to claim 1, and Nagahara teaches the first hardware processor controls the start position of the colorimetry of the colorimeter concerning a colorimetry result from the colorimeter (see paragraph 129, the detection of the colorimetry start bar is a colorimetry result and the colorimetry start location is a fixed distance in the second direction from this result).
For claim 3: The combination of Hayashi et al. and Nagahara teaches the image reading device according to claim 1, wherein Nagahara teaches the colorimeter 19 is movable along a direction intersecting the conveyance direction (see Fig. 2, movement of the colorimeter 19 along shaft 25, see paragraph 43).
For claim 4: The combination of Hayashi et al. and Nagahara teaches the image reading device according to claim 3 and Hayashi et al. teaches that the first hardware processor 100 adjusts a reading position by the colorimeter 70 in the direction intersecting the conveyance direction, on a basis of the detection result by the detector 60 (see paragraph 110, moves the colorimetric unit 70 in accordance with the position of the sheet P).
For claim 5: The combination of Hayashi et al. and Nagahara teaches the image reading device according to claim 3 and Hayashi et al. teaches that a plurality of the images 121 to be subjected to colorimetry are recorded on the recording medium P along the direction intersecting the conveyance direction (see Fig. 2); and the colorimeter moves in the direction intersecting the conveyance direction to read each of the images to be subjected to colorimetry (see paragraph 48, with the range of the reader 70 being less than the patches 121, the colorimetric unit 70 must move to at least a plurality of locations to read the respective patches).
For claim 6: The combination of Hayashi et al. and Nagahara teaches the image reading device according to claim 5 and Nagahara teaches that wherein the first hardware processor controls a position at which the colorimeter starts to read the image to be subjected to colorimetry on a basis of the detection result by the detector (see paragraph 129, the position being a fixed distance from the detected bar).
For claim 7: The combination of Hayashi et al. and Nagahara teaches the image reading device according to claim 5 and Nagahara teaches that the first hardware processor adjusts, on a basis of the detection result by the detector, a position of the colorimeter in the direction intersecting the conveyance direction before the colorimeter starts to read the image to be subjected to colorimetry (see paragraph 129, the position being a fixed distance from the detected bar, in the direction intersecting direction).
For claim 16: Hayashi et al. teaches an image forming apparatus (see Fig. 1), comprising: an image former 15, 16 (see Fig. 1) that records an image on a recording medium P (see paragraph 33); a conveyance path R10 along which the recording medium is conveyed (see Fig. 1); a colorimeter 70 that reads an image to be subjected to colorimetry (see paragraph 110, Fig. 2), the image being recorded, by the image former, on the recording medium conveyed on the conveyance path. Hayashi et al. does not teach a detector that detects a position of the recording medium in a direction intersecting a conveyance direction of the recording medium and a first hardware processor to control a start position of the colorimetry based on the detection result by the detector. Nagahara teaches a detector which detects a position of the recording medium in direction intersection a conveyance direction D1 of a recording medium (see paragraph 129, the movement direction of the medium is D1 as seen in Fig. 1, the colorimeter detects the start bar 41g1 and uses it as a reference position in the second direction to perform colorimetry on the remaining patches, the unit 19 performs colorimetry on a color patch at a fixed distance in the second direction from the bar 41g1), a first hardware processor that controls a start position of the colorimetry of the colorimeter on a basis of a detection result by the detection (see paragraph 129, once the color start bar is measured, performing colorimetry at a fixed distance in the second direction from the colorimetry start bar 41g1). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the invention of Hayashi et al. to detect a position in the intersecting direction of the medium being the position of the start bar and utilize this position to perform colorimetry at positions relative to the start bar position in the intersection direction as taught by Nagahara for the purpose of detecting colors within provided spot patches.
For claim 17: The combination of Hayashi et al. and Nagahara teaches the image forming apparatus according to claim 16 and Hayashi et al. teaches a reader 60 that reads an image recorded on the recording medium by the image former 15, 16; and a hardware processor that corrects image formation by the image former on a basis of a reading result of the image by the reader 60 (see paragraphs 52 and 53, paragraph 64-67). The combination does not teach that the reader is distinguished from the detector nor that the hardware processor is a second hardware processor, but instead teaches that the processes can be performed in different conveyance rounds of the sheet P (see paragraph 67). However, this distinction from the prior art can be overcome by a separation of the parts to provide the reading unit as the detector and the reader for providing the distinction functions and the processors as distinct processes and structures. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the invention of Hayashi et al. to provide the reader and detector as separate structures through duplication and separation of parts for the purpose of performing all of the processes in a single pass without circulation of the paper.
For claim 18: The combination of Hayashi et al. and Nagahara teaches the image forming apparatus according to claim 17, and Hayashi et al. teaches that the second hardware processor corrects and performs image formation by the image former on the basis of a reading result of the image to be subjected to colorimetry by the colorimeter and a reading result of the image by the reader (see paragraphs 52, 53, and 64-67).
For claim 21: Hayashi et al. teaches all the image forming apparatus according to claim 16, further teaches a reader 60 that reads an image recorded on the recording medium by the image former 15, 16; and a hardware processor that corrects image formation by the image former on a basis of a reading result of the image by the reader 60 (see paragraphs 52 and 53, paragraph 64-67). Hayashi et al. does not teach that the reader is distinguished from the detector nor that the reader is located downstream in the conveyance direction relative to the colorimeter. However, this distinction from the prior art can be overcome by a separation of the parts to provide the reading unit as the detector and the reader for providing the distinction functions and the processors as distinct processes and structures. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the invention of Hayashi et al. to provide the reader and detector as separate structures through duplication and separation of parts for the purpose of performing all of the processes in a single pass without circulation of the paper. The distinction that the reader is located downstream of the colorimeter can be overcome through a rearrangement of the known parts. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the invention of Hayashi et al. to provide the reader downstream of the colorimeter as a rearrangement of the parts to cause the more intensive colorimetric reading to occur first.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi et al. (US PG Pub 2016/0063361) in view of Nagahara (US PG Pub 2022/0137888) as applied to claim 16 above, and further in view of Morita et al. (US PG Pub 2016/0004202).
For claim 19: The combination of Hayashi et al. and Nagahara teaches all of the limitations of claim 19 except a corrector that is located on an upstream side in the conveyance direction relative to the colorimeter and corrects a skew of the recording medium conveyed on the conveyance path. However, Morita et al. teaches a corrector (see paragraph 129, the reciprocating mechanism on the platen 16 to correct any skew in the medium) that is located on an upstream side in the conveyance direction relative to the colorimeter and corrects a skew of the recording medium conveyed on the conveyance path (see paragraph 129, during the initial operation before image formation on the recording medium which would also be before colorimetry on the medium). It would have been obvious to one of ordinary skill in the art at the time of the art at the time of the effective filing date of the invention to modify the invention of Hayashi et al. and Nagahara to provide a skew corrector upstream of the printing and scanning for the purpose of eliminating skew of the paper before printing.
For claim 20: The combination of Hayashi et al., Nagahara and Morita et al. teaches the image forming apparatus according to claim 19, and Hayashi et al. further teaches further teaches a reader 60 that reads an image recorded on the recording medium by the image former 15, 16; and a hardware processor that corrects image formation by the image former on a basis of a reading result of the image by the reader 60 (see paragraphs 52 and 53, paragraph 64-67). The combination does not teach that the reader is distinguished from the detector nor that the hardware processor is a second hardware processor, but instead teaches that the processes can be performed in different conveyance rounds of the sheet P (see paragraph 67). However, this distinction from the prior art can be overcome by a separation of the parts to provide the reading unit as the detector and the reader for providing the distinction functions and the processors as distinct processes and structures. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the invention of Hayashi et al., Nagahara and Morita et al. to provide the reader and detector as separate structures through duplication and separation of parts for the purpose of performing all of the processes in a single pass without circulation of the paper.
Allowable Subject Matter
Claims 8-15 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.
The following is a statement of reasons for the indication of allowable subject matter: In light of the combination with Nagahara to address the amended claims, the prior art does not teach the device of claim 1 wherein the detector is located upstream of the colorimeter, as the Nagahara reference utilizes the colorimeter as the detector and furthermore the processor would also execute a measurement of the image by the colorimeter.
Response to Arguments
Applicant’s arguments with respect to claims 1-7 and 16-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The amended claim limitations are addressed by the secondary reference. Where the secondary reference cannot be applied to the dependent claims, those claims have been indicated to include allowable subject matter as shown above.
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 DAVID H BANH whose telephone number is (571)270-3851. The examiner can normally be reached M-F 12-8PM.
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, Stephen Meier can be reached at (571)272-2149. 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.
/DAVID H BANH/ Primary Examiner, Art Unit 2853