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 .
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.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimura et al. (US 2004/0141765; “Shimura”).
Regarding claim 1, Shimura discloses an image forming apparatus (Fig. 1 [0082]) comprising:
a forming unit (elements 2-6; Fig. 1) configured to form an adjustment toner image which includes a plurality of toner images Iv0-Iv5 (Fig. 19) for adjustment of image density ([0083-0085, 0169, 0172, 0189]);
an intermediate transfer body 71 on a surface of which the adjustment toner image is formed by the forming unit (Figs. 1 & 19 [0169]);
a detection unit 60 configured to detect the surface of the intermediate transfer body 71 or the adjustment toner image (Figs. 1 & 4 [0096]); and
a control unit 10/11 configured to execute image adjustment control (process shown by the flow of Fig. 8) including adjustment of the image density ([0110]), based on a detection result acquired by the detection unit detecting the adjustment toner image ([0084, 0108]),
wherein a length of the adjustment toner image from a first toner image Iv0 to a last toner image Iv5 included in the adjustment toner image is longer than a circumferential length that is a length of the intermediate transfer body 71 in a conveyance direction d2 (Fig. 19 [0093, 0169]),
wherein the plurality of toner images for adjustment of the image density includes low density patches (Iv0 to Iv2 resulting from developing biases ranging from V0 to V2 in Fig. 19) for adjustment of densities in a low density range and high density patches (Iv3 to Iv5 resulting from developing biases ranging from V3-V5 in Fig. 19) for adjustment of densities in a high density range (Each patch Iv0 to Iv5 increases in density in step S43-S44 of Fig. 18 [0176], and each patch is used to find an optimum value Vop of DC developing bias for each patch and each patch; Fig. 21 [0189-0194]. As such, the plurality of toner images for adjustment of the image density includes low density patches for adjustment of densities in a low density range and high density patches for adjustment of densities in a high density range.),
wherein, among the plurality of toner images included in the adjustment toner image, the control unit forms toner images (Iv0 to Iv2 in Fig. 19) included in a range within the circumferential length as low density patches for adjusting a low density region of the image density, the low density patches being formed at a first density (those resulting from developing biases ranging from V0 to V2), forms toner images (Iv3 to Iv5 in Fig. 19) included in a range beyond the circumferential length as high density patches for adjusting a high density region of the image density, the high density patches being formed at a second density (those resulting from developing biases ranging from V3-V5) darker than the first density ([0108, 0169]), and executes the image adjustment control (flow of Fig. 8 includes the flow of Fig. 18 within step S4, and the flow of Fig. 18 includes the flow of Fig. 21 within step S47 [0166-0194]), and
wherein the low density patches (Iv0 to Iv2) are formed in a first rotation of the intermediate transfer body, and the high density patches (Iv3 to Iv5) are formed in a second rotation of the intermediate transfer body (see Fig. 19 [0169]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimura (US 2004/0141765) in view of Sugiyama (US 2015/0286179).
Regarding claim 2, Shimura discloses the image forming apparatus according to claim 1, but fails to disclose wherein, in a case where the plurality of toner images for adjustment of the image density is specified as a first toner image group, the adjustment toner image includes a second toner image group including a plurality of toner images for adjustment of color misregistration of a plurality of colors.
Sugiyama teaches a similar image forming apparatus that forms an adjustment toner image on an intermediate transfer body 27 (see Fig. 10 [0028]) including a plurality of toner images for adjustment of image density 210 as a first toner group and a plurality of toner images for adjustment of color misregistration of a plurality of colors 211 as a second toner image group (see also Figs. 6-7 [0025, 0027]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Sugiyama to form the adjustment toner image to include a second toner image group including a plurality of toner images for adjustment of color misregistration of a plurality of colors (including any additional hardware/software to analyze and correct image forming conditions), as taught by Sugiyama. One would have been motivated to make this modification in order to set image formation conditions such that misregistration is reduced (Sugiyama [0026]), thereby promoting high-quality image formation.
Response to Arguments
Applicant's arguments filed 2/13/2026 have been fully considered but they are not persuasive.
Applicant argues that: (a) “Shimura does not make an explicit distinction between ‘low density patches for adjustment of densities in a low density range’ and ‘high density patches for adjustment of densities in a high density range’”, and (b) there is not “any disclosure in Shimura about arrangement in association with rotation (first/second rotation) and a circumferential length boundary” (see the first paragraphs of the Remarks on page 10).
The Office respectfully disagrees.
As to argument (a), Shimura explicitly discloses that patch Iv0 is formed by setting the DC developing bias Vavg to V0 and then forming each subsequent patch Iv1-Iv5 by increasing from minimum level V0 by 1 level at each image formation ([0168-0169]). Because changing the DC developing bias Vavg results in changing the density when the exposure energy is not changed (as is the case in the process of Fig. 18, see step S41) ([0167]), patches Iv0-Iv5 increase in density accordingly. Therefore, even though Shimura does not explicitly call the patches low density or high density, the claimed limitations are met.
As to argument (b), Shimura explicitly discloses arrangement of the patches in association with rotation and circumferential length boundary. Fig. 19 clearly shows patches Iv0-Iv2 in a circumferential length of the intermediate transfer belt, while patches Iv3-Iv5 are in a second circumferential length. Paragraph [0169] of Shimura provides the following description: “Because of the aforesaid configuration and layout of the patch images, no more than 3 patch images can be formed in the image formation area. Accordingly, the 6 patch images are formed on an area of a length twice the circumferential length of the intermediate transfer belt 71, as shown in FIG. 19.” (Emphasis added.) The low density patches and the high density patches are not able to be formed in a single rotation. As such, the low density patches are formed in a first rotation of the intermediate transfer body, and the high density patches are formed in a second rotation of the intermediate transfer body, as required by claim 1.
Request to Rejoin Withdrawn Claims
The restriction requirement of 7/18/2025 was made final in the Office action dated 10/14/2025. As such, Applicant’s request to rejoin pending withdrawn claims 3-12 is denied. The subject matter of claims 3-12 has not been examined.
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 CARLA J THERRIEN whose telephone number is (571)272-2677. The examiner can normally be reached Monday-Friday 8 am - 4 pm EST.
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/CARLA J THERRIEN/Primary Examiner, Art Unit 2852
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