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 1-2, 4, 7-8, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yahata et al. (US 6,151,471) in view of Sugiyama et al. (JP Pub.2007-328048) and Yamauchi et al. (US Pub.2004/0105704).
Regarding claim 1, Yahata et al. (US 6,151,471) teach an image forming apparatus (fig.8) comprising: a photosensitive drum (fig.8&12, #103); a developer container constituting a toner accommodating space for accommodating toner (fig.12, #102); a developing roller configured to rotate about a rotation axis (fig.12, #102f, axis into the page), the developing roller including a toner bearing portion configured to bear the toner accommodated in the developer container and supply the toner to the photosensitive drum (fig.12, outer surface of #102f supplied to #103 at #D1); and a cyclonic separating portion (fig.11, #102b) including an intake port (fig.11, connected to #101), a first discharge port communicating with an interior of the developer container (fig.11, #102b2), and a second discharge port communicating with an outside of the developer container (fig.11, unlabeled, at top of tube to #102b3), the cyclonic separating portion being configured to take in air mixed with the toner through the intake port, separate the toner and the air from each other, discharge the toner separated from the air through the first discharge port, and discharge the air separated from the toner through the second discharge port (col.13, ln.53-col.14, ln.21), wherein the cyclonic separating portion is provided on an upper surface portion of the developer container in a direction of gravity (fig.11&12, #102b on upper surface portion of #102a), wherein the cyclonic separating portion includes a conical portion formed in a conical frustum shape whose radius decreases as the conical frustum shape extends downward in the direction of gravity (fig.11, see #102b1), wherein the first discharge port is disposed at a lower end portion of the conical portion (see fig.11), and wherein the intake port of the cyclonic separating portion opens toward an end of the developing roller in a direction of the rotation axis (fig.11, #101 takes a turn into-the-page where it connects and enters #102b, which is the same direction as the axis of fig.12, #103 and will open in a direction of one end of #103).
Regarding claim 2, Yahata et al. (US 6,151,471) teach an image forming apparatus wherein the first discharge port is disposed above an uppermost part of the toner bearing portion of the developing roller in the direction of gravity (fig.11, #102b4 at top of #102a, thus above fig.12, top of #102f).
Regarding claim 4, Yahata et al. (US 6,151,471) teach an image forming apparatus wherein the conical portion of the cyclonic separating portion is formed integrally with the upper surface portion of the developer container (see fig.11).
Regarding claim 7, Yahata et al. (US 6,151,471) teach an image forming apparatus wherein the rotation axis is a first rotation axis, wherein the image forming apparatus further comprises an agitating member (fig.11, unlabeled agitator corresponding to fig.10, #102a1; col.13, ln.48-49) configured to rotate about a second rotation axis (fig.11, see axis into and out of the page) for agitating toner accommodated in the developer container (col.13, ln.48-49), and wherein the first discharge port is disposed above the second rotation axis of the agitating member in the direction of gravity (see fig.11).
Regarding claim 8, Yahata et al. (US 6,151,471) teach an image forming apparatus wherein the cyclonic separating portion further includes a filter (fig.11, #102b3) disposed so as to cover the second discharge port and configured to allow passage of air and prevent passage of toner (col.14, ln.18-19).
Regarding claim 10, Yahata et al. (US 6,151,471) teach an image forming apparatus further comprising: an air supply portion configured to supply air (fig.9, #6h; col.12, ln.55-56); and a developer container configured to store toner to be supplied to the toner storage portion (fig.9, #0 comprising #8), the toner container including a taking-in port configured to take in air supplied from the air supply portion (fig.9, #6g), and a discharge port configured to discharge the toner stored in the toner container together with the air supplied from the air supply portion (fig.9, #6f).
Regarding claim 11, Yahata et al. (US 6,151,471) teach an image forming apparatus further comprising: a pipe which communicates with the discharge port of the toner container, which is connected to the intake port of the cyclonic separating portion (fig.9-11, #101 connected to #6f and unlabeled port of #102b), and through which air mixed with toner passes (col.14, ln.3-9), wherein the pipe is provided on a side of the end of the developing roller in the direction of the rotation axis of the developing roller (see fig.8&10-11).
Regarding claim 12, Yahata et al. (US 6,151,471) teach an image forming apparatus further comprising: an exposure unit configured to expose the photosensitive drum for forming a latent image (fig.8, #120), wherein the pipe includes a first portion (fig.8, vertical portion of #101) and a second portion (fig.11, portion of #101 that turns into the page at interface with #102b), the first portion extending in a direction that intersects the rotation axis and disposed on an outside of an optical path from the exposure unit toward the photosensitive drum in the direction of the rotation axis (fig.8, portion of #101 extending vertically along either the front or back of the apparatus outside of the unlabeled manual paper feed path, thus also outside of the exposure path), the second portion communicating with the first portion, extending along the direction of the rotation axis, and connected with the intake port (fig.11, portion of #101 that turns into the page at interface with #102b).
Regarding claim 13, Yahata et al. (US 6,151,471) teach an image forming apparatus further comprising: a pipe whose one end communicates with the discharge port of the toner container (fig.9-11, #101 connected to #6f of #0), and through which air mixed with toner passes (col.14, ln.3-9); and a channel forming portion configured to form a channel which is connected to another end of the pipe and to the intake port of the cyclonic separating portion (fig.11, some sort of unlabeled channel structure is shown at connection from #101 to #102b), through which the air mixed with the toner flows, and which is separated from an internal space of the developer container (see fig.11), wherein the channel forming portion is fixed to the developer container (fig.11, appears to be fixed to #102b/#102).
Regarding claim 14, Yahata et al. (US 6,151,471) teach an image forming apparatus wherein the developer container includes an opening (unlabeled opening in upper surface of #102b surrounding air discharge port – tube under #102b3) and a filter that covers the opening (fig.11, #102b3), the opening being formed at a position separated more from the intake port than the second discharge port is in the direction of the rotation axis of the developing roller (fig.11, developing roller axis is into the page aligned with unlabeled agitator axis, see also fig.10 – in fig.11, structure connecting #102b to #101 appears to be on a face of #102b so as to overlap tube when viewed as depicted, thus farther away from the opening than the tube which is directly adjacent), the filter being configured to allow passage of air and prevent passage of toner (col.14, ln.18-19).
However, Yahata et al. (US 6,151,471) fail to teach at least a portion of the conical portion projects downward with respect to an inner upper surface of the toner storage portion.
Regarding claims 1 and 15, Sugiyama et al. (JP Pub.2007-328048) teach an image forming apparatus and toner container (fig.1&2) utilizing a cyclonic separating portion (fig.2, either of #18 and #11) attached to the top of toner storing portions (fig.2, #10 or #6) wherein at least a portion of the conical portion projects downward with respect to an inner upper surface of the toner storage portion (see fig.2, relationships of #18/#10 and #11/#6).
Regarding claims 1 and 15, Yamauchi et al. (US Pub.2004/0105704) teach an air separator (fig.2&5, #60) for use in an image forming apparatus (fig.1) comprising a separator (fig.5, #62 #64A & areas surrounding #W2 and #W3) formed in the upper surface of a toner storage portion (fig.5, #60A) wherein at least a portion of the slanted portion projects downward with respect to an inner upper surface of the toner storage portion (fig.5, #66).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the cartridge and separator of Yahata et al. (US 6,151,471) by using a configuration wherein at least a part of the cyclonic portion projects downward from the top surface of the toner storage portion because Sugiyama et al. (JP Pub.2007-328048) demonstrates that it is a known configuration in the art and Yamauchi et al. (US Pub.2004/0105704) discloses that this configuration may have an advantage of suppressing the rise of toner particles from the chamber below (para.0061).
Allowable Subject Matter
Claims 20-21 and 23-24 are allowed.
Claims 3, 5 and 9 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 following is a statement of reasons for the indication of allowable subject matter:
Prior art does not disclose or suggest the claimed “when viewed in the direction of gravity, the first discharge port and the toner bearing portion of the developing roller overlap with each other.” in combination with the remaining claim elements as set forth in claim 3.
Prior art does not disclose or suggest the claimed “in the direction of the rotation axis, the first discharge port is disposed between positions of both ends of the toner bearing portion in the direction of the rotation axis” in combination with the remaining claim elements as set forth in claim 5.
Prior art does not disclose or suggest the claimed “tubular portion extending downward … along a … center axis of the conical portion, with a lower end … open … chamber portion … to form a space between the second discharge port and the filter, and wherein an area of a cross section of the space formed by the chamber portion at a plane perpendicular to the direction in which the tubular portion extends is larger than an area of a cross section of the tubular portion at a plane perpendicular to the direction in which the tubular portion extends” in combination with all of the remaining claim elements as set forth in claim 9.
Prior art does not disclose or suggest the claimed “a cyclonic separating portion including an intake port, a first discharge port communicating with an interior of the developer container, and a second discharge port communicating with an outside … to take in air mixed with the toner through the intake port, separate the toner and the air from each other, discharge the toner … through the first discharge port, and discharge the air separated from the toner through the second discharge port, wherein in a direction of the rotation axis, the first discharge port is disposed between positions of both ends of the toner bearing portion in the direction of the rotation axis, and wherein the intake port of the cyclonic separating portion opens toward an end of the developing roller in the direction of the rotation axis” in combination with the remaining claim elements as set forth in claims 20-21 and 23-24.
Response to Arguments
Applicants’ arguments filed 28 January 2026 have been fully considered but they are not persuasive. The applicants argue that that claims 1 and 20 are allowable due to incorporation of claims 6 and 22, respectively. Claims 6 and 22 were previously subject to rejection under 35 U.S.C.112 and indicated as potentially allowable for the subject matter presumed to be conveyed by the language thereof. Upon amendment to correct the claim language in response to the rejection under 35 U.S.C. 112, the presumed scope and subject matter of the language changed and as a result, claim 1 is still rejectable as obvious over Yahata et al. (US 6,151,471) in view of Sugiyama et al. (JP Pub.2007-328048) and Yamauchi et al. (US Pub.2004/0105704), as shown above. As such, the rejection is maintained with edits to address changes in claim language.
The combination of claim features in amended claim 20 has rendered it allowable, as cited above.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA K ROTH whose telephone number is (571)272-2154. The examiner can normally be reached Monday - Friday, 7:30AM-3:30 PM.
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/LKR/
2/12/2026 /STEPHANIE E BLOSS/ Supervisory Primary Examiner, Art Unit 2852