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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/2/24 and 1/8/26 follow the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-12 of U.S. Patent No. 11457113. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below.
Claim
App. No. 18787764
Claim
Patent No. 11457113
1
An image forming apparatus comprising: a printer configured to print an image on a sheet; a display configured to display a screen for selecting an adjustment item from a plurality of adjustment items; and a processor configured to: receive user instruction information related to a plurality of types of sheets to be used for the adjustment item selected from the plurality of adjustment items; and control, based on the user instruction information, the printer to print a test chart for the adjustment item selected from the plurality of adjustment items on the plurality of types of sheets.
6
An image forming apparatus comprising: a reader configured to convey a sheet, and read image of the sheet during conveying the sheet; an image forming unit configured to form an image; an operating unit configured to acquire a command to perform calibration; and a controller configured to: control a display to display a screen for selecting a calibration setting in which a first calibration in which a first type of sheet is used and a second calibration in which a second type of sheet is used are performed together, wherein the first type of sheet is different from the second type of sheet; receive the calibration setting; control, in a case where the command is acquired by the operating unit, the image forming unit based on the calibration setting to form a first test chart for the first calibration on a first sheet of which the first type and to form a second test chart for the second calibration on a second sheet of which the second type; control the reader to read the first test chart and the second test chart; and perform the first calibration and the second calibration based on reading results of the first test chart and the second test chart.
2
The image forming apparatus according to claim 1 further comprising: a reading sensor configured to read the test chart, wherein the processor is configured to execute adjustment based on a result of the test chart read by the reading sensor.
3
The image forming apparatus according to claim 1, wherein the printer is configured to print the test chart based on an image forming condition corresponding to a type of sheet on which the test chart is to be printed.
4
The image forming apparatus according to claim 1, wherein the plurality of adjustment items include maximum density adjustment for adjusting a maximum density of an image to be printed by the printer.
10
The image forming apparatus according to claim 6, wherein the calibrations include maximum density adjustment for adjusting a maximum density of an image to be formed, and tone correction for correcting tone characteristics of an image to be formed, and wherein the controller is configured to wait, in a case where both of the maximum density adjustment and the tone correction are selected as the first calibration, formation of the first test chart for the tone correction until reading of the first test chart for the maximum density adjustment is completed.
5
The image forming apparatus according to claim 1, wherein the plurality of adjustment items include tone correction for adjusting tone characteristics of an image to be printed by the printer.
8
The image forming apparatus according to claim 6, wherein the first calibration and the second calibration are selected from calibrations, wherein the calibrations include first tone correction for correcting tone characteristics of an image to be formed based on image data, for which halftone processing of a first type is executed, and second tone correction for adjusting tone characteristics of an image to be formed based on image data, for which halftone processing of a second type is executed, and wherein the halftone processing of the first type differs from the halftone processing of the second type.
6
The image forming apparatus according to claim 1, wherein the plurality of adjustment items include printing position adjustment for adjusting geometric characteristics of an image to be printed by the printer on a sheet.
7
The image forming apparatus according to claim 6, wherein the first calibration and the second calibration are selected from calibrations, wherein the calibrations include a calibration for adjusting tone characteristics of an image to be formed, a calibration for adjusting density unevenness of an image to be formed, and a calibration for adjusting geometric characteristics of an image to be formed.
7
The image forming apparatus according to claim 1 further comprising: a conveyer configured to convey a sheet having the test chart; and a reading sensor configured to read the test chart while the sheet having the test chart is conveyed, wherein the processor is configured to execute adjustment based on a result of the test chart read by the reading sensor.
13
The image forming apparatus according to claim 6, wherein the reader has a document feeder to convey an original, and wherein the image forming unit forms an image based on a reading result of the original by the reader.
8
The image forming apparatus according to claim 1, wherein each of the plurality of types of sheets has a different basis weight.
6
9
The image forming apparatus according to claim 1, wherein the plurality of types of sheets are selectable.
6
10
The image forming apparatus according to claim 1, wherein the printer is configured to print the test chart for the adjustment item selected from the plurality of adjustment items on the plurality of types of sheets in succession.
6
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11-23 of U.S. Patent No. 12081705. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below.
Claim
App. No. 18787764
Claim
Patent No. 12081705
1
An image forming apparatus comprising: a printer configured to print an image on a sheet; a display configured to display a screen for selecting an adjustment item from a plurality of adjustment items; and a processor configured to: receive user instruction information related to a plurality of types of sheets to be used for the adjustment item selected from the plurality of adjustment items; and control, based on the user instruction information, the printer to print a test chart for the adjustment item selected from the plurality of adjustment items on the plurality of types of sheets.
11
An image forming apparatus comprising: a reader configured to read an image of a sheet; an image former configured to form an image on a sheet; an operation unit configured to receive user instruction information concerning: an adjustment item selection result of two or more adjustment items selected from among multiple types of adjustment items; and a sheet type selection result of a type of sheet selected from among multiple types of sheets, and a processor configured to: determine the type of sheet to be used for each of the two or more adjustment items indicated by the adjustment item selection result based on the user instruction information; and control, based on the user instruction information, the image former to form, for each of the two or more adjustment items, a test chart to be used for adjusting the adjustment item on a sheet of the determined type.
2
The image forming apparatus according to claim 1 further comprising: a reading sensor configured to read the test chart, wherein the processor is configured to execute adjustment based on a result of the test chart read by the reading sensor.
3
The image forming apparatus according to claim 1, wherein the printer is configured to print the test chart based on an image forming condition corresponding to a type of sheet on which the test chart is to be printed.
4
The image forming apparatus according to claim 1, wherein the plurality of adjustment items include maximum density adjustment for adjusting a maximum density of an image to be printed by the printer.
16
The image forming apparatus according to claim 11, wherein the multiple types of adjustment items includes: maximum density adjustment for adjusting a maximum density of an image to be formed; and tone correction for correcting tone characteristics of an image to be formed, and wherein the processor is configured to avoid, in a case where both of the maximum density adjustment and the tone correction are selected, formation of a test chart for the tone correction until reading of a test chart for the maximum density adjustment is completed.
5
The image forming apparatus according to claim 1, wherein the plurality of adjustment items include tone correction for adjusting tone characteristics of an image to be printed by the printer.
6
The image forming apparatus according to claim 1, wherein the plurality of adjustment items include printing position adjustment for adjusting geometric characteristics of an image to be printed by the printer on a sheet.
12
The image forming apparatus according to claim 11, wherein the multiple types of adjustment items includes: first calibration for adjusting tone characteristics of an image to be formed; second calibration for adjusting density unevenness of an image to be formed; and third calibration for adjusting geometric characteristics of an image to be formed.
7
The image forming apparatus according to claim 1 further comprising: a conveyer configured to convey a sheet having the test chart; and a reading sensor configured to read the test chart while the sheet having the test chart is conveyed, wherein the processor is configured to execute adjustment based on a result of the test chart read by the reading sensor.
19
The image forming apparatus according to claim 11, wherein the reader further comprising a conveyer configured to convey the sheet, and wherein the reader reads image of the sheet during conveyance of the sheet by the conveyer.
8
The image forming apparatus according to claim 1, wherein each of the plurality of types of sheets has a different basis weight.
11
9
The image forming apparatus according to claim 1, wherein the plurality of types of sheets are selectable.
11
10
The image forming apparatus according to claim 1, wherein the printer is configured to print the test chart for the adjustment item selected from the plurality of adjustment items on the plurality of types of sheets in succession.
21
The image forming apparatus according to claim 11, wherein the processor is configured to control the reader to read the test chart on the sheet, and the processor is configured to execute an adjustment corresponding to the two or more adjustment items based on a reading result of the test chart on each of the sheets by the reader.
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) 1-3, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Shojaku (JP 2017-208685) in view of Ooba et al. (US 2018/0330209).
Regarding claim 1, Shojaku teaches an image forming apparatus comprising (image forming apparatus 1; ¶¶ 0038-0039, Fig.2):
a printer configured to print an image on a sheet (printer unit; ¶ 0050, Fig. 2 and ¶¶ 0056-0059);
a display configured to display a screen for selecting an adjustment item from a plurality of adjustment items (operation unit 140 displaying adjustment item display group 1410A; ¶ 0048, Fig. 2 and ¶ 0063, Fig. 4); and
a processor configured to (CPU 113 ¶ 0043, Fig. 2):
receive user instruction information related to a sheets to be used (setting of sheet information; ¶ 0049) for the adjustment item selected from the plurality of adjustment items (collective adjustment selection screen 1400; ¶¶ 0063-0065, Fig. 4 and ¶ 0070, Fig. 7 s1); and
control, based on the user instruction information, the printer to print a test chart for the adjustment item selected from the plurality of adjustment items on the sheets (printer unit 150 outputs adjustment sheets; ¶¶ 0056-0060, Fig. 3, ¶ 0066, Fig. 5, and ¶ 0070, Fig. 7 s2),
but does not explicitly teach plurality of types of.
However, Ooba teaches plurality of types of sheets (table 727 display sheet list; ¶¶ 0147-0149, Fig. 9).
Shojaku and Ooba are in the same field of endeavor of an image forming apparatus that performs a plurality of adjustments and prints a test chart for print calibration. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the image forming apparatus of Shojaku to include a plurality of types of sheets as taught by Ooba. The combination improves the apparatus by providing a user greater control over the print calibration process.
Regarding claim 2, Shojaku in view of Ooba teach the image forming apparatus according to claim 1 further comprising: a reading sensor configured to read the test chart, wherein the processor is configured to execute adjustment based on a result of the test chart read by the reading sensor (adjustment sheet is read by image reading unit and performs adjustments based on analysis of read result; ¶ 0066 and ¶ 0071, Fig. 7 s3-s4, Shojaku).
Regarding claim 3, Shojaku in view of Ooba teach the image forming apparatus according to claim 1, wherein the printer is configured to print the test chart based on an image forming condition corresponding to a type of sheet on which the test chart is to be printed (setting of sheet information; ¶ 0049; Shojaku).
Regarding claim 7, Shojaku in view of Ooba teach the image forming apparatus according to claim 1 further comprising:
a conveyer configured to convey a sheet having the test chart (conveyance path; ¶ 0035, Fig. 1, Shojaku); and a reading sensor configured to read the test chart while the sheet having the test chart is conveyed, wherein the processor is configured to execute adjustment based on a result of the test chart read by the reading sensor (adjustment sheet is read by image reading unit and performs adjustments based on analysis of read result; ¶ 0066 and ¶ 0071, Fig. 7 s3-s4, Shojaku).
Regarding claim 8, Shojaku in view of Ooba teach the image forming apparatus according to claim 1, but Shojaku does not explicitly teach wherein each of the plurality of types of sheets has a different basis weight.
However, Ooba teaches wherein each of the plurality of types of sheets has a different basis weight (basis weights of sheets; ¶ 0067, ¶ 0071, and ¶ 0136, Fig. 9 703).
The motivation applied in claim 1 is incorporated herein.
Regarding claim 9, Shojaku in view of Ooba teach the image forming apparatus according to claim 1, but Shojaku does not explicitly teach wherein the plurality of types of sheets are selectable.
However, Ooba teaches wherein the plurality of types of sheets are selectable (table 727 display sheet list; ¶¶ 0147-0149, Fig. 9).
The motivation applied in claim 1 is incorporated herein.
Regarding claim 10, Shojaku in view of Ooba teach the image forming apparatus according to claim 1, but Shojaku does not explicitly teach wherein the printer is configured to print the test chart for the adjustment item selected from the plurality of adjustment items on the plurality of types of sheets in succession.
However, Ooba teaches wherein the printer is configured to print the test chart for the adjustment item selected from the plurality of adjustment items on the plurality of types of sheets in succession (past test information; ¶¶ 0162-0168, Fig. 11).
The motivation applied in claim 1 is incorporated herein.
Claim(s) 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Shojaku in view of Ooba as applied to claim 1 above, and further in view of Takemura (US 2017/0054878).
Regarding claim 4, Shojaku in view of Ooba teach the image forming apparatus according to claim 1, but Shojaku does not explicitly teach wherein the plurality of adjustment items include maximum density adjustment for adjusting a maximum density of an image to be printed by the printer.
However, Takemura teaches wherein the plurality of adjustment items include maximum density adjustment for adjusting a maximum density of an image to be printed by the printer (maximum density correction; ¶¶ 0118-0125 Fig. 14A S301-S308).
Shojaku and Takemura are in the same field of endeavor of an image forming apparatus that performs a plurality of calibrations. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the image forming apparatus of Shojaku to also include calibration for adjusting tone characteristics of an image to be formed as taught by Takemura. The combination improves the apparatus by providing additional adjustments to improve image formation.
Regarding claim 5, Shojaku in view of Ooba teach the image forming apparatus according to claim 1, but Shojaku does not explicitly teach wherein the plurality of adjustment items include tone correction for adjusting tone characteristics of an image to be printed by the printer.
However, Takemura teaches wherein the plurality of adjustment items include tone correction for adjusting tone characteristics of an image to be printed by the printer (tone correction; ¶¶ 0118-0119 and ¶¶ 0126-0132 Fig. 14A-14B S311-S319)
The motivation applied in claim 4 is incorporated herein.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Shojaku in view of Ooba as applied to claim 1 above, and further in view of Saito et al. (US 2019/0101857).
Regarding claim 6, Shojaku in view of Ooba teach the image forming apparatus according to claim 1, wherein the plurality of adjustment items include printing position adjustment for adjusting geometric characteristics of an image to be printed by the printer on a sheet.
However, Saito teaches wherein the plurality of adjustment items include printing position adjustment for adjusting geometric characteristics of an image to be printed by the printer on a sheet (printing position adjustment; ¶ 0034).
Shojaku and Saito are in the same field of endeavor of an image forming apparatus that performs a plurality of calibrations. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the image forming apparatus of Shojaku to also include calibration for adjusting geometric characteristics of an image to be formed as taught by Saito. The combination improves the apparatus by providing additional adjustments to improve image formation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tsujita (US 2018/018845) teaches an image forming apparatus for performing calibration.
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/KENT YIP/Primary Examiner, Art Unit 2681
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