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 8/15/24 & 12/5/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “encoder that outputs a pulse signal”, “first color reading element that outputs a first color reading signal”, “second color reading element that outputs a second color reading signal”, “first color averaging processor that performs an averaging process”, “second color averaging processor that performs an averaging process”, in claim 1 and “third color averaging processor that performs an averaging process”, in claim 2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG Pub 2021/0314451 to Isokawa.
Regarding claim 1. Isokawa discloses an imaging device (abstract) comprising:
a transport mechanism that transports a printing medium along a transport path (“conveyor that moves a medium on a predetermined conveying path”, paragraph 7);
an encoder that outputs a pulse signal responsive to a transport speed of said printing medium transported by said transport mechanism (“when the rail and the belt are provided to the supporter 261 as described above, the color measurer mover 72 moves the belt a predetermined distance at a predetermined speed, and with this, the color measurer 26 fixed to the belt is moved in the same distance”, paragraph 58);
a first color reading element that outputs a first color reading signal relating to a first color component in a fixed cycle by photographing said printing medium at a first imaging position on said transport path with imaging timing coinciding with said fixed cycle based on a driving signal generated in said fixed cycle (Ҥ42 the imager 25
includes four imaging sensors 251 which are a first imaging sensor 2511, a second imaging sensor 2512, a third imaging sensor 2513 and a fourth imaging sensor 2514, but the configuration is not limited to the above”, paragraph 42; “§72 "Based on a distance dw13 (moving distance of the color measurer 26) between the ranges W1 and W3 (for example, between the center positions), moving speed V2 of the color measurer 26, and the conveying speed V1 of the medium M (moving speed of the medium M), a distance dt13 between the position which is most upstream (last end) of the inspection image It1 and the position which is most downstream (top end) of the inspection image It3 can be determined as dt13<dw13x(V2/V1). In order to make the distance dt13 shorter, the conveying speed V1 can be decreased (changed) according to the relation between the desired distance dt13 and the distance dw13 (relation of the positions of the inspection images lt1 to lt4) and the moving speed V2”, paragraph 72);
a second color reading element that outputs a second color reading signal relating to a second color component in said fixed cycle by photographing said printing medium at a second imaging position on said transport path downstream from said first imaging position with imaging timing coinciding with said fixed cycle (“the imager 25 includes four imaging sensors 251 which are a first imaging sensor 2511, a second imaging sensor 2512, a third imaging sensor 2513 and a fourth imaging sensor 2514, but the configuration is not limited to the above.", paragraph 42; "Based on a distance dw13 (moving distance of the color measurer 26) between the ranges W1 and W3 (for example, between the center positions), moving speed V2 of the color measurer 26, and the conveying speed V1 of the medium M (moving speed of the medium M), a distance dt13 between the position which is most upstream (last end) of the inspection image It1 and the position which is most downstream (top end) of the inspection image It3 can be determined as dt13<dw13x(V2/V1). In order to make the distance dt13 shorter, the conveying speed V1 can be decreased (changed) according to the relation between the desired distance dt13 and the distance dw13 (relation of the positions of the inspection images It1 to It4) and the moving speed V2”, paragraph 72);
a buffer capable of storing a plurality of said first color reading signals output by said first color reading element and a plurality of said second color reading signals output by said second color reading element (“The RAM 42 provides a memory space for work to the CPU 41 and stores temporary data. The RAM 42 may include a nonvolatile memory, and the data stored in the nonvolatile memory and the data stored in the storage 50 are suitably allocated”, paragraph 51);
a first color averaging processor that performs an averaging process on said plurality of said first color reading signals stored in said buffer using a weight responsive to a time gap between a first transport signal based on said pulse signal and said driving signal (“The read result can be a representative value such as an average value of a plurality of points in the small region”, paragraph 140); and
a second color averaging processor that performs an averaging process on said plurality of said second color reading signals stored in said buffer using a weight responsive to a time gap between a second transport signal based on said pulse signal and said driving signal (“The read result can be a representative value such as an average value of a plurality of points in the small region”, paragraph 140).
Regarding claim 2. Isokawa discloses a third color reading element that outputs a third color reading signal relating to a third color component in said fixed cycle by photographing said printing medium at a third imaging position on said transport path downstream from said second imaging position with imaging timing coinciding with said fixed cycle (“the imager 25 includes four imaging sensors 251 which are a first imaging sensor 2511, a second imaging sensor 2512, a third imaging sensor 2513 and a fourth imaging sensor 2514, but the configuration is not limited to the above”, paragraph 42),
wherein said buffer is further capable of storing a plurality of said third color reading signals output by said third color reading element, and the imaging device further comprises: a third color averaging processor that performs an averaging process on said plurality of said third color reading signals stored in said buffer using a weight responsive to a time gap between a third transport signal based on said pulse signal and said driving signal (“The read result can be a representative value such as an average value of a plurality of points in the small region”, paragraph 140).
Regarding claim 3. Isokawa discloses an image data output unit that outputs an image to an external device to conduct inspection on said image, said image being generated by superimposing a signal resulting from the averaging process by said first color averaging processor, a signal resulting from the averaging process by said second color averaging processor, and a signal resulting from the averaging process by said third color averaging processor on each other, wherein said first transport signal based on said pulse signal is a pulsed time-series signal to rise each time said printing medium is transported over said first imaging position by a distance corresponding to one pixel represented by a resolution required for said inspection by said external device, said second transport signal based on said pulse signal is a pulsed time-series signal to rise each time said printing medium is transported over said second imaging position by a distance corresponding to one pixel represented by the resolution required for said inspection by said external device, and said third transport signal based on said pulse signal is a pulsed time-series signal to rise each time said printing medium is transported over said third imaging position by a distance corresponding to one pixel represented by the resolution required for said inspection by said external device (“As shown in FIG. 5, the inspection images It3 and It4 are positioned in a position moved in the direction along the conveying path, that is, to the downstream side from the positions of the inspection images lt1 and It2 in the conveying direction for an amount of time necessary to move the color measurer 26 and to start the reading. Based on a distance dw13 (moving distance of the color measurer 26) between the ranges W1 and W3 (for example, between the center positions), moving speed V2 of the color measurer 26, and the conveying speed V1 of the medium M (moving speed of the medium M), a distance dt13 between the position which is most upstream (last end) of the inspection image It1 and the position which is most downstream (top end) of the inspection image It3 can be determined as dt13≤dw13x(V2/V1). In order to make the distance dt13 shorter, the conveying speed V1 can be decreased (changed) according to the relation between the desired distance dt13 and the distance dw13 (relation of the positions of the inspection images lt1 to It4) and the moving speed V2”, paragraph 72).
Regarding claim 4. Isokawa discloses a line sensor including a plurality of said first color reading elements arranged in a width direction of said printing medium, a plurality of said second color reading elements arranged in said width direction, and a plurality of said third color reading elements arranged in said width direction (Fig. 4A, imaging sensors 2511-2514 “as shown in FIG. 4A, in the image forming apparatus 1 according to the present embodiment, inspection images It1 and It2 (predetermined inspection image) with the same pattern are formed in the imaging range (standard imaging range) of the first imaging sensor 2511 in the same position in the conveying direction. The imaging result (standard imaging result) of the inspection image It2 by the first imaging sensor 2511 is compared with the color measuring result of the inspection image It1 in the range W1 within the imaging range of the first imaging sensor 2511. With this, the first imaging sensor 2511 is calibrated. Next, based on a shift (difference) of the imaging result by the second imaging sensor 2512 using as the standard the imaging result by the first imaging sensor 2511 imaging the inspection image It2 in the overlapping portion D1 (first overlapping portion overlapped with the first imaging sensor 2511), a calibration degree of the second imaging sensor 2512 is set, and the calibration is performed”, paragraph 66).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US PG Pub 2017/0331983 to Isihdo et al. discloses a reader unit that generates read data by reading the image with a sensor. Light receiving element has several first and second light receiving elements. A storage unit stores a condition for determining whether or not the read data needs to be corrected. A determining unit determines whether read data needs to be corrected from the read data that is obtained from reader unit and from the condition that is stored in storage unit. A corrector corrects the read data based on a result of determination executed by determining unit. An image reading apparatus includes a front-side reader, which includes a white LED configured to irradiate an original with light and a CMOS sensor configured to receive light that is reflected by the original. The front-side reader is configured to generate read data that represents a luminance value of an image on the original from the result of receiving light with the CMOS sensor. The image reading apparatus stores, in a non-volatile memory, a condition for determining whether there is a sub-scanning color shift, and uses a sub-scanning color shift detector to determine whether there is a sub-scanning color shift based on the read data obtained from the front-side reader and the condition stored in the non-volatile memory. When there is a sub-scanning color shift, the image reading apparatus corrects the sub-scanning color shift by correcting the read data with a color shift corrector.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D. WAIT, Esq. whose telephone number is (571)270-5976. The examiner can normally be reached Monday-Friday, 9:30- 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abderrahim Merouan can be reached at 571 270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER D. WAIT, Esq.
Primary Examiner
Art Unit 2683
/CHRISTOPHER WAIT/Primary Examiner, Art Unit 2683
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