Prosecution Insights
Last updated: April 19, 2026
Application No. 18/758,599

IMAGE FORMING CONTROL METHOD AND IMAGE FORMING APPARATUS

Non-Final OA §103
Filed
Jun 28, 2024
Examiner
SOLOMON, LISA
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kyocera Document Solutions Inc.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
800 granted / 888 resolved
+22.1% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
24 currently pending
Career history
912
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
37.8%
-2.2% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 888 resolved cases

Office Action

§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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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. Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishihara (EP 3 753 740 A1) (hereinafter Nishihara) in view of Yamamoto (2020/0242427) (Yamamoto). Regarding Claim 1, Nishihara teaches an image forming control method for controlling an image forming apparatus (100, Fig. 1), comprising: a sheet conveying device (44, 45, Fig. 1) configured to convey a sheet along a conveying path (see Fig. 1) [Paragraphs 0021-022]; a printing device (4b, Fig. 1) configured to form an image on the sheet conveyed along the conveying path (see Fig, 1) [Paragraphs 0022]; an image sensor unit (61, Fig. 3) arranged along the width direction in a state of facing the reference surface (Pr, Fig. 5) through the detection area (the area indicated by W3), and configured to emit detection light toward the reference surface (Pr) and detect an amount of reflected light of the detection light [Paragraphs 0027-0031, 0034-0036]; and output a plurality of line image data each including a plurality of pixel data representing detected light amounts corresponding to a plurality of unit areas divided in the width direction in the detection area [Paragraphs 0031, 0041-0044]; and an image processing device (11, Fig. 8) configured to execute image processing based on the plurality of line image data [Paragraphs 0041-0046]; wherein the image processing device (11) is capable of executing an area detection process of detecting a pair of lateral edge positions (Eg, Fig. 7) that are positions of both ends in the width direction of the sheet passing through the detection area (R0), a sheet area that is an area within a rectangular outline of the sheet, and a mask area (9, Fig. 6) that is a portion of the sheet area where the detected light amount is lower than a reference light amount [Paragraphs 0041-0044, 0047-0054]; the image processing device (11) is further capable of executing an interference position specifying process for specifying a position of an interference portion that overlaps with the mask area in a reference image represented supplied reference image data [Paragraphs 0041-0044, 0047-0054]; the image forming control method comprising: a processor, when an operation mode is a first mode, causing the sheet conveying device to execute a first conveying process of conveying a target sheet in a state where a specific surface of the target sheet serves as a printing surface [Paragraphs 0017-0019]; the processor acquiring information on a pair of first lateral edge positions (Eg) that are the pair of lateral edge positions (Eg) detected by the image processing device (11) when the first conveying process is being executed [Paragraphs 0041-0046]; the processor causing the printing device (4b) to execute a process of forming a first test image including a plurality of black patch images on the specific surface when the first conveying process is being executed [Paragraphs 0018-0031]; the processor causing the sheet conveying device to execute a second conveying process of conveying the target sheet with the specific surface on which the first test image is formed as a printing surface [Paragraph 0085]; the processor acquiring information on a pair of second lateral edge positions (Eg) that are the pair of lateral edge positions (Eg) detected by the image processing device (11) when the second conveying process is being executed [Paragraphs 0085-0086]; the processor supplying second test image data, which corresponds to the plurality of black patch images and includes a plurality of line segment images each along the sheet conveying direction, to the image processing device (11) as the reference image data, and acquiring information on a test interference position that is a position of the interference portion specified by the image processing device (11) based on the mask area (9) corresponding to the second conveying process and data of the second test image [Paragraphs 0031, 0085-0094]; the processor setting a reference center position that is a center position of the image sensor unit (61) in the width direction according to the test interference position [Paragraphs 0037-0046]; the processor, when the operation mode is a second mode, executing a width position correction process of correcting a position in the width direction of a print target image each time the sheet is conveyed according to a difference between a center position of the pair of lateral edge positions (Eg) detected by the image processing device (11) each time the sheet is conveyed and the reference center position [Paragraphs 0055-0065]; the processor supplying data of the print target image that has been subjected to the width position correction process to the image processing device (11) as the reference image data, and executing a mask process in which pixels corresponding to the position of the interference portion identified by the image processing device (11) in the print target image are replaced with non-print pixels [Paragraphs 0066-0075]; and the processor causing the printing device (11) to execute a process of forming the print target image, which has been subjected to the width position correction process and the mask process, on the sheet [Paragraphs 0076-0084]. Nishihara fails to teach a black reference member having a black reference surface arranged along a width direction crossing a sheet conveying direction and facing a detection area on an upstream side in the sheet conveying direction with respect to the printing device in the conveying path; wherein the plurality of black patch images in the first test image are arranged at a pitch of a reference length in the width direction with respect to the center position of the pair of first lateral edge positions in a state in which the positions in the sheet conveying direction are sequentially deviated, and are rectangular black-painted images arranged in a stepwise manner, each having a width equal to the reference length; and the plurality of line segment images in the second test image are arranged at regular intervals smaller than the reference length in the width direction with respect to the center position of the pair of second lateral edge positions , and an end portion of each of the plurality of line segment images is formed at a position overlapping a corresponding one of the plurality of black patch images in the sheet conveying direction. Yamamoto teaches a black reference member having a black reference surface arranged along a width direction crossing a sheet conveying direction and facing a detection area on an upstream side in the sheet conveying direction with respect to the printing device in the conveying path [Paragraphs 0046-0049, see hatched portion in Fig. 4]; wherein the plurality of black patch images in the first test image are arranged at a pitch of a reference length in the width direction with respect to the center position of the pair of first lateral edge positions in a state in which the positions in the sheet conveying direction are sequentially deviated, and are rectangular black-painted images arranged in a stepwise manner, each having a width equal to the reference length [Paragraphs 0054-0056]; and the plurality of line segment images in the second test image are arranged at regular intervals smaller than the reference length in the width direction with respect to the center position of the pair of second lateral edge positions, and an end portion of each of the plurality of line segment images is formed at a position overlapping a corresponding one of the plurality of black patch images in the sheet conveying direction [Paragraphs 0057-0064]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a black reference member having a black reference surface arranged along a width direction crossing a sheet conveying direction and facing a detection area on an upstream side in the sheet conveying direction with respect to the printing device in the conveying path; wherein the plurality of black patch images in the first test image are arranged at a pitch of a reference length in the width direction with respect to the center position of the pair of first lateral edge positions in a state in which the positions in the sheet conveying direction are sequentially deviated, and are rectangular black-painted images arranged in a stepwise manner, each having a width equal to the reference length; and the plurality of line segment images in the second test image are arranged at regular intervals smaller than the reference length in the width direction with respect to the center position of the pair of second lateral edge positions , and an end portion of each of the plurality of line segment images is formed at a position overlapping a corresponding one of the plurality of black patch images in the sheet conveying direction as taught by Nishihara as modified by Yamamoto for the purposes of reducing a deviation between the center position of sheet and the center position of an image printed on a sheet [Yamamoto, Paragraph 0079]. Regarding Claim 4, Nishihara teaches an image forming apparatus (100, Fig. 1), comprising: a sheet conveying device (44, 45, Fig. 1) configured to convey a sheet along a conveying path (see Fig. 1) [Paragraphs 0021-022]; a printing device (4b, Fig. 1) configured to form an image on the sheet conveyed along the conveying path (see Fig, 1) [Paragraphs 0022]; an image sensor unit (61, Fig. 3) arranged along the width direction in a state of facing the reference surface (Pr, Fig. 5) through the detection area (the area indicated by W3), and configured to emit detection light toward the reference surface (Pr) and detect an amount of reflected light of the detection light [Paragraphs 0027-0031, 0034-0036]; and output a plurality of line image data each including a plurality of pixel data representing detected light amounts corresponding to a plurality of unit areas divided in the width direction in the detection area [Paragraphs 0031, 0041-0044]; an image processing device (11, Fig. 8) configured to execute image processing based on the plurality of line image data, is capable of executing an area detection process of detecting a pair of lateral edge positions (Eg, Fig. 7) that are positions of both ends in the width direction of the sheet passing through the detection area (R0) [Paragraphs 0041-0046]; a sheet area that is an area within a rectangular outline of the sheet [Paragraphs 0041-0044, 0047-0054]; and a mask area (9, Fig. 6) that is a portion of the sheet area where the detected light amount is lower than a reference light amount [Paragraphs 0041-0044, 0047-0054]; and is further capable of executing an interference position specifying process for specifying a position of an interference portion that overlaps with the mask area in a reference image represented supplied reference image data [Paragraphs 0041-0044, 0047-0054]; and a processor configured to achieve an image forming control method according to claim 1 [Paragraphs 0066-0075]. Nishihara fails to teach a black reference member having a black reference surface arranged along a width direction crossing a sheet conveying direction and facing a detection area on an upstream side in the sheet conveying direction with respect to the printing device in the conveying path. Yamamoto teaches a black reference member having a black reference surface arranged along a width direction crossing a sheet conveying direction and facing a detection area on an upstream side in the sheet conveying direction with respect to the printing device in the conveying path [Paragraphs 0046-0049, see hatched portion in Fig. 4]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a black reference member having a black reference surface arranged along a width direction crossing a sheet conveying direction and facing a detection area on an upstream side in the sheet conveying direction with respect to the printing device in the conveying path; as taught by Nishihara as modified by Yamamoto for the purposes of reducing a deviation between the center position of sheet and the center position of an image printed on a sheet [Yamamoto, Paragraph 0079]. Allowable Subject Matter Claims 2-3 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 primary reason for the allowance of claims 2-3 is the inclusion of an image forming control method that includes the method steps of in a case where the image forming apparatus further comprises a drying device that is arranged downstream of the printing device in the sheet conveying direction, and has a heater that heats the sheet and dries the ink on the sheet, the image forming control method further comprises: the processor deriving a line interval that is an interval in the width direction of the plurality of line segment images by correcting a reference interval corresponding to the reference length by a ratio of an interval between the pair of second lateral edge positions to an interval between the pair of first lateral edge positions; and the processor generating data of the second test image including the plurality of line segment images arranged at the line intervals in the width direction with a center position of the pair of second lateral edge positions as a reference. It is these steps found in the claims, as it is claimed in the combination, that has not been found, taught, or suggested by the prior art of record, which makes these claims allowable over the prior art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA SOLOMON whose telephone number is (571)272-1701. The examiner can normally be reached Monday - Friday, 9:30am -6pm, EST. 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, Douglas Rodriguez can be reached at (571) 431-0716. 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. /LISA SOLOMON/Primary Examiner, Art Unit 2853
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Prosecution Timeline

Jun 28, 2024
Application Filed
Jan 23, 2026
Non-Final Rejection — §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
90%
Grant Probability
97%
With Interview (+7.2%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 888 resolved cases by this examiner. Grant probability derived from career allow rate.

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