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
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.
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Mori (JP 2002307780 A – see translation provided by Examiner) in view of Oppenheimer (9,441,362).
With respect to claim 1, Mori teaches an image forming apparatus (Figures 2-3, #1) comprising: an image forming portion (200) configured to form an image on a recording medium (defined by recording paper stored in trays 201a-c, [0018]-[0019]); a discharge port (defined by opening into space S4’ though wall #33’ adjacent fixing device #28) configured to discharge the recording medium on which the image is formed by the image forming portion (200); a wall portion (defined by inner wall of discharge #S4’/S4’ to which sound absorbing material 6/33/33’ is attached – [0024]) in which the discharge port is provided; a bottom portion (defined by inner wall of discharge #S4’/S4’ to which sound absorbing material 6/32 is attached – [0024]) on which the recording medium discharged from the discharge port is to be stacked (via gate #220); an upper portion (defined by inner wall of discharge #S4’/S4’ to which sound absorbing material 6/31’ is attached – [0024]) provided so as to be opposed to the bottom portion (defined by inner wall of discharge #S4’/S4’ to which sound absorbing material 6/32 is attached – [0024]); a side portion (one of 34/35) provided along a discharge direction of the recording medium discharged from the discharge port; a discharge space (S4’/S4”) defined by at least the wall portion (inner wall of S4’/S4” having #33/33’ attached), the bottom portion (inner wall of S4’/S4” having #32 attached), the upper portion (inner wall of S4’/S4” having #31 attached), and the side portion (inner wall of S4’/S4” having one of 34/35 attached), wherein the discharge space (S4’/S4”) accommodates the recording medium discharged from the discharge port; and a sound absorbing material (6 – [0024]) provided in any portion or portions of at least the wall portion (inner wall of S4’/S4” having #33/33’ attached), the bottom portion (inner wall of S4’/S4” having #32 attached), the upper portion (inner wall of S4’/S4” having #31 attached), and the side portion (inner wall of S4’/S4” having one of 34/35 attached).
Mori fails to teach a plurality of through-holes provided in any portion or portions of at least the wall portion, the bottom portion, the upper portion, and the side portion; and a sound absorbing material provided so as to cover the plurality of through-holes on a side opposite to the discharge space with respect to the portion or portions of at least the wall portion, the bottom portion, the upper portion, and the side portion in which the plurality of through-holes are provided.
Oppenheimer teaches a similar sound absorbing arrangement (Figures 1 and 7, #140/700) for use in an image forming apparatus (110), wherein a similar sound absorbing material (170/750/760) is covered by a perforate wall (150/710/720) having through holes, such when combined teaches a plurality of through-holes provided in any portion or portions (defined by perforated plate of Oppenheimer #150/710/720, when covering sound absorbing material #6/31-35 of Mori on a noise source side, similar to the Oppenheimer sound absorbing material #170/750/760) of at least the wall portion (Mori, inner wall of S4’/S4” having #33/33’ attached), the bottom portion (Mori, inner wall of S4’/S4” having #32 attached), the upper portion (Mori, inner wall of S4’/S4” having #31 attached), and the side portion (Mori, inner wall of S4’/S4” having one of #34/35 attached); and a sound absorbing material (Oppenheimer #170/750/760, when combined with Mori, #6/31-35) provided so as to cover the plurality of through-holes on a side opposite to the discharge space (Mori #S4’/S4”, when combined) with respect to the portion or portions of at least the wall portion, the bottom portion, the upper portion, and the side portion in which the plurality of through-holes are provided so as to further mitigate noise by incorporating a perforated plate in conjunction with sound absorbing material (see Oppenheimer, Col. 1, Lines 39-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Mori, with the apparatus of Oppenheimer so as to further mitigate noise by incorporating a perforated plate in conjunction with sound absorbing material (see Oppenheimer, Col. 1, Lines 39-63).
With respect to claim 2, Mori as modified by Oppenheimer teaches wherein the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided in the side portion (Mori, inner wall of S4’/S4” having one of 34/35 attached, when combined), and wherein the sound absorbing material (Mori, #6/31-35; Oppenheimer #170/750/760) is provided on the side opposite to the discharge space (Mori, S4’/S4”) with respect to the side portion.
With respect to claim 3, Mori as modified by Oppenheimer teaches wherein the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided in a part of the side portion (Mori, inner wall of S4’/S4” having one of 34/35 attached, when combined).
With respect to claim 4, Mori as modified by Oppenheimer teaches the image forming apparatus of claim 1. Mori as modified by Oppenheimer further teaches wherein a percentage of an area occupied by the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) with respect to an area of the side portion (Mori, inner wall of S4’/S4” having one of 34/35 attached, when combined) is of an obvious, but unspecified amount per unit area.
Mori as modified by Oppenheimer fails to explicitly teach wherein a percentage of an area occupied by the plurality of through-holes with respect to an area of the side portion is 35% or more and 50% or less per unit area.
It would have been obvious to one of ordinary skill in the before the effective filing date of the claimed invention to provide wherein a percentage of an area occupied by the plurality of through-holes with respect to an area of the side portion is 35% or more and 50% or less per unit area, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233. In this case, altering or defining a range of a percentage of an area occupied by the plurality of through-holes with respect to an area of the side portion per unit area would have been obvious so as to tune the device.
With respect to claim 5, Mori as modified by Oppenheimer teaches wherein the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided in the upper portion (Mori, defined by inner wall of discharge #S4’/S4’ to which sound absorbing material 6/31’ is attached – [0024], when combined), and wherein the sound absorbing material is provided on the side opposite to the discharge space with respect to the upper portion.
With respect to claim 6, Mori as modified by Oppenheimer teaches further comprising an operation portion (could be broadly defined by the image reading section #100, which extends to all of sides of the image forming device #1) to be operated by a user, wherein the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided in a part of the upper portion (Mori, defined by inner wall of discharge #S4’/S4’ to which sound absorbing material 6/31’ is attached – [0024], when combined) on a side on which the operation portion is provided. Note that the operation potion #100 extends to a “side” on which sound absorbing material #31 is located, which will be covered by the through holes of Oppenheimer, when combined.
With respect to claim 7, Mori as modified by Oppenheimer teaches further comprising another side portion (Mori, inner wall of S4’/S4” having other of 34/35 attached, when combined) provided so as to be opposed to the side portion (Mori, inner wall of S4’/S4” having one of 34/35 attached, when combined), wherein the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided in the another side portion (Mori, inner wall of S4’/S4” having other of 34/35 attached, when combined) or in both of the side portion (Mori, inner wall of S4’/S4” having one of 34/35 attached, when combined) and the another side portion (Mori, inner wall of S4’/S4” having other of 34/35 attached, when combined), wherein the sound absorbing material (6/ other of #34/35) is provided on the side opposite to the discharge space (S4’/S4”) with respect to the another side portion (Mori, inner wall of S4’/S4” having other of 34/35 attached, when combined), and wherein the sound absorbing material (6/ one of #34/35) is provided on the side opposite to the discharge space with respect to the side portion (Mori, inner wall of S4’/S4” having one of 34/35 attached, when combined) in a case in which the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided in the side portion (Mori, inner wall of S4’/S4” having one of 34/35 attached, when combined).
With respect to claim 8, Mori as modified by Oppenheimer teaches wherein the sound absorbing material (Mori, #6/31-35; Oppenheimer #170/750/760) has a sheet shape.
With respect to claim 9, Mori as modified by Oppenheimer teaches wherein the sound absorbing material (Mori, #6/31-35; Oppenheimer #170/750/760) is formed into a sheet shape with any one of an ethylene propylene diene rubber-based or urethane-based foam, glass wool, or rockwool ([00242]), and wherein the sound absorbing material is in abutment against the portion or portions of at least the wall portion (inner wall of S4’/S4” having #33/33’ attached), the bottom portion (inner wall of S4’/S4” having #32 attached), the upper portion (inner wall of S4’/S4” having #31 attached), and the side portion (inner wall of S4’/S4” having one of 34/35 attached) in which the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided.
With respect to claim 10, Mori as modified by Oppenheimer teaches wherein the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) has a circular hole (clearly seen in Oppenheimer Figures 2 and 4-5) having an obvious, but unspecified radius, and wherein the hole size can be tuned to promote sound absorption (See Oppenheimer, Col. 1, Lines 48-50).
Mori as modified by Oppenheimer fails to explicitly teach wherein the plurality of through-holes has a circular hole having a radius of 1.5 mm or more and 6 mm or less or an elongated circular hole having a radius of 1.5 mm or more and 6 mm or less and a width of 3 mm or more and 30 mm or less.
It would have been obvious to one of ordinary skill in the before the effective filing date of the claimed invention to provide wherein the plurality of through-holes has a circular hole having a radius of 1.5 mm or more and 6 mm or less or an elongated circular hole having a radius of 1.5 mm or more and 6 mm or less and a width of 3 mm or more and 30 mm or less, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233. In this case, altering or defining a particular hole size range would have been obvious so as to tune the device.
With respect to claim 11, Mori as modified by Oppenheimer teaches the image forming apparatus of claim 1, including wherein the hole size can be tuned to promote sound absorption (See Oppenheimer, Col. 1, Lines 48-50).
Mori as modified by Oppenheimer fails to explicitly teaches wherein the plurality of through-holes has a quadrilateral hole having one side of 1.5 mm or more and 30 mm or less.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the plurality of through-holes has a quadrilateral hole, since it has been held by the courts that a change in shape or configuration, without any criticality, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Oppenheimer.
It would have been obvious to one of ordinary skill in the before the effective filing date of the claimed invention to provide wherein the quadrilateral hole having one side of 1.5 mm or more and 30 mm or less, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233. In this case, altering or defining a particular hole size range would have been obvious so as to tune the device.
With respect to claim 12, Mori as modified by Oppenheimer teaches wherein the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is inclined (Oppenheimer, via chamfered portions 222/222’/222”, when the through holes of the Oppenheimer wall portion #150/710/720, cover all sound absorbing portions of Mori, #6/31-35, at least some of the chamfered portions #222/222’/222” of Oppenheimer will be inclined as claimed) toward the wall portion (Mori, defined by inner wall of discharge #S4’/S4’ to which sound absorbing material 6/33/33’ is attached – [0024], when combined).
With respect to claim 13, Mori as modified by Oppenheimer teaches wherein the sound absorbing material (Mori, #6/31-35) is bonded (i.e. attached - Mori, [0024]) to the portion or portions of the wall portion (inner wall of S4’/S4” having #33/33’ attached), the bottom portion (inner wall of S4’/S4” having #32 attached), the upper portion (inner wall of S4’/S4” having #31 attached), and the side portion (inner wall of S4’/S4” having one of 34/35 attached) by an obvious adhesive member. Official Notice is taken it is considered to be well known the use a generic adhesive to “attach” sound absorbing material to a wall member, and further note that Mori does not depict any mechanical fasteners.
With respect to claim 14, Mori as modified by Oppenheimer teaches wherein the portion or portions of the wall portion (Mori, inner wall of S4’/S4” having #33/33’ attached), the bottom portion (Mori, inner wall of S4’/S4” having #32 attached), the upper portion (Mori, inner wall of S4’/S4” having #31 attached), and the side portion (Mori, inner wall of S4’/S4” having one of 34/35 attached) is provided with an engaging portion (Mori, defined by surface onto which sound absorbing material 6/31-35 is attached – [0024]), wherein the sound absorbing material (Mori, #6/31-35) is provided with an engaged portion (Mori, defined by surface of sound absorbing material #6/31-35 that is attached to inner wall of S4’/S4” – [0024]), and wherein the engaged portion of the sound absorbing material is engaged with the engaging portion of the portion or portions of the wall portion, the bottom portion, the upper portion, and the side portion in which the plurality of through-holes is provided.
With respect to claim 15, Mori as modified by Oppenheimer teaches further comprising a reader (Mori, #100) provided above the discharge space (S4’/S4”) and configured to read an image of an original, wherein the reader (100) includes (clearly seen in Figures) the upper portion (Mori, inner wall of S4’/S4” having #31 attached).
With respect to claim 16, Mori teaches an image forming apparatus (Figures 2-3, #1) comprising: an image forming portion (200) configured to form an image on a recording medium (defined by recording paper stored in trays 201a-c, [0018]-[0019]); a discharge port (defined by opening into space S4’ though wall #33’ adjacent fixing device #28) configured to discharge the recording medium on which the image is formed by the image forming portion (200); a discharge space (S4’/S4”) in which the recording medium discharged from the discharge port is to be accommodated in a stacked state (via gate #220); a plurality of through-holes provided in the member; and a sound absorbing material a sound absorbing material (6 – [0024]) facing the discharge space and defining the discharge space (S4’/S4”).
Mori fails to teach a member facing the discharge space and defining the discharge space; a plurality of through-holes provided in the member; and a sound absorbing material provided so as to cover the plurality of through-holes on a side opposite to the discharge space with respect to the member.
Oppenheimer teaches a similar sound absorbing arrangement (Figures 1 and 7, #140/700) for use in an image forming apparatus (110), wherein a similar sound absorbing material (170/750/760) is covered by a perforate wall (150/710/720) having through holes, such when combined teaches a member (defined by perforated plate of Oppenheimer #150/710/720, when covering sound absorbing material #6/31-35 of Mori on a noise source side, similar to the Oppenheimer sound absorbing material #170/750/760) facing the discharge space (Mori #S4’/S4”, when combined) and defining the discharge space (Mori #S4’/S4”, when combined); a plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) provided in the member; and a sound absorbing material (Oppenheimer #170/750/760, when combined with Mori, #6/31-35) provided so as to cover the plurality of through-holes on a side opposite to the discharge space (Mori #S4’/S4”, when combined) with respect to the member, so as to further mitigate noise by incorporating a perforated plate in conjunction with sound absorbing material (see Oppenheimer, Col. 1, Lines 39-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Mori, with the apparatus of Oppenheimer so as to further mitigate noise by incorporating a perforated plate in conjunction with sound absorbing material (see Oppenheimer, Col. 1, Lines 39-63).
With respect to claim 17, Mori as modified by Oppenheimer teaches wherein the member (defined by perforated plate of Oppenheimer #150/710/720, when combined), in which the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided, is a side portion (Mori, inner wall of S4’/S4” having one of #34/35 attached, when combined) provided along a discharge direction of the recording medium discharged from the discharge port.
With respect to claim 18, Mori as modified by Oppenheimer teaches further comprising a bottom portion (Mori, inner wall of S4’/S4” having #32 attached, when combined) on which the recording medium discharged from the discharge port is to be stacked (via gate #220), wherein the member (defined by perforated plate of Oppenheimer #150/710/720, when combined with/covering sound absorbing material #31 attached to inner wall of S4’/S4”), in which the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided, is provided so as to be opposed to the bottom portion Mori, inner wall of S4’/S4” having #32 attached, when combined).
With respect to claim 19, Mori as modified by Oppenheimer teaches wherein the member (defined by perforated plate of Oppenheimer #150/710/720, when combined), in which the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided, is a bottom portion (Mori, inner wall of S4’/S4” having #32 attached, when combined) on which the recording medium discharged from the discharge port is to be stacked (via gate #220).
With respect to claim 20, Mori as modified by Oppenheimer teaches wherein the member (defined by perforated plate of Oppenheimer #150/710/720, when combined), in which the plurality of through-holes (of Oppenheimer perforated wall portion #150/710/720, when combined) is provided, is a wall portion (inner wall of S4’/S4” having #33/33’ attached) in which the discharge port is provided.
With respect to claim 21, Mori as modified by Oppenheimer teaches wherein the sound absorbing material (Mori, #6/31-35; Oppenheimer #170/750/760) has a sheet shape.
Examiner’s Note
The Examiner has cited particular paragraphs or figures in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims. See MPEP 2111, 2123, 2125, 2141.02 VI, and 2182.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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, Dedei Hammond can be reached at (571) 270-7938. 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.
/JEREMY A LUKS/Primary Examiner, Art Unit 2837
Prosecution Insights