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 § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimizu (U.S. 2009/0297177).
Shimizu teach an image forming apparatus 1 having a detachable supply a cartridge 14 which holds toner 34 so as to be supplied to the image forming apparatus; the image forming apparatus including a process cartridge 2 which includes an image bearing member 11 to bear a toner image, a developing member 16 for supplying toner to the image bearing member, a rotatable developing container 14A within the toner container 14 for supplying the toner to a developing unit having the developing member 16 (see Fig.1, par. 34-36). A remaining toner detecting unit 48 which detects a remaining amount of toner in the developing container 14 and judges whether the remaining toner within the toner cartridge is at a toner low state or a toner out state (par. 37-41,49). A display judgement value 47 is a threshold for determining whether the toner within the toner cartridge 14 is in a toner low state or toner out state (par. 48,53).
A notifying unit (display) 53 notifies when the toner is low/empty within the toner container which is indicative of a time to replace the supply container 14 (Fig.4, par.49). A display judgement value 47 (applicant’s threshold) is a toner amount value that is used to determine when to notify whether the toner supply is low/empty (par. 48-49). The display and various other functions of the image forming apparatus are controlled via a controller 41. As seen in Fig.s 5 and 6, the display judgement value threshold 47 is changed depending on the print ratio (image ratio). For example, referring to Fig.5, when the print ratio is 30%, the threshold for notifying when a toner low condition will be set at a first threshold (approximately when 80% of the toner has been consumed) and when the print ratio is between 5% and 15% the threshold will be set at a second threshold (when approximately 90% of the toner is consumed); the second threshold is higher than the first threshold. See par. 50-74.
Regarding claims 3 and 6, an environment detection portion 74/75 detects temperature and water content withing the environment (humidity) (see par. 81) and will classify the environment (see Fig.10) into various grade levels (e=1 – e=7) (see par. 83). As seen in Fig.11, the display judgement value (threshold) will change depending on the grade level. For example, if the humidity is high (e=1), the threshold will be set to a first threshold (70%) and if the humidity is lower (e=2), the threshold will be set to a (fourth) threshold (80%) which is higher than the first threshold. See par. 83-87.
Allowable Subject Matter
Claims 2,4-5 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.
Regarding claims 2, a storing portion to store the number of rotations of the developing member and the controller acquiring a unit consumption amount which is the toner consumption amount per number of rotations of the developing member and sets the threshold to the first threshold when the unit consumption amount is a predetermined amount or more and sets the threshold to a third threshold, higher than the first threshold, when the unit consumption amount is less than the predetermined consumption amount is not taught, suggested or rendered obvious by the prior art of record.
Regarding claims 4, the controller setting the threshold to a higher value with an increase number of times of supply of toner to the developer container is not taught, suggested or rendered obvious by the prior art of record.
Regarding claims 5, a storing portion to store the number of rotations of the developing member and the controller setting the threshold to a higher value as the number of rotations become larger is not taught, suggested or rendered obvious by the prior art of record.
Claims 6,8-9 are allowable over the prior art
The applicant has incorporated objected to claim 7 into independent claim 6 which puts claim 6 in condition for allowance.
Conclusion
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
The applicant argues that Shimuzu’s changing the display judgement threshold 47 depending on print ratio cannot be equated to comparing a threshold value with the detected toner amount (first paragraph, page 9 of arguments). However, it is noted that Shimuzu has an initial detection of toner amount that merely indicates whether a “toner low” condition exists; the initial threshold is set in advance (see Shimuzu par.65; Fig.7, step S2). If a “toner low” condition initially exists, a further process is performed to determine whether the toner within the toner container is actually in a low condition or is in an empty condition by using a print image ratio. The print ratio will be calculated and a display judgement threshold value 47 will be varied in order to determine whether a “toner out” or “toner low” condition exists (par.66-67, step S3, S4) depending on the print ratio at that time of evaluation.
THIS ACTION IS MADE FINAL. 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 ROBERT B BEATTY whose telephone number is (571) 272-2130. The examiner can normally be reached on M-F from 7 to 3.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Stephanie Bloss, can be reached on (571) 272-3555. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-2130.
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/ROBERT B BEATTY/Primary Examiner, Art Unit 2852