DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
3. 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.
4. 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.
5. 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: “a reading unit”, “a rotation member”, “a first cleaning unit” in claim 1; “a rotation drive unit”, “a control unit” in claim 2 and “a second cleaning unit” in claim 7.
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.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) limitations: CPU or ASIC (see Specification, paragraph 0029). It is noted that that the functions performed or controlled by CPU are disclosed in a manner that transforms the general CPU or the like to a special purpose CPU or the like programmed to perform the disclosed functions. That is, the various "unit" functions claimed are described in the specification in the form of prose and flow charts in a manner that provides sufficient structure.
If applicant wishes to provide further explanation or dispute the examiner's interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
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
6. 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
7. Claims 1-6 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kato et al. U.S. Patent Application No. 2008/0239416 (hereinafter Kato).
Regarding claim 1, Kato discloses an image reading device (an image reading apparatus, Figure 1), comprising:
a reading unit configured to read an image of a medium conveyed in a conveyance direction in a conveyance path (An image reading apparatus comprising a conveying unit adapted to convey an original, an image sensor adapted to read an original image via a contact member which an original conveyed by the conveying unit may contact; paragraph 36, Figures 1, 10 and see the rest of reference);
a rotation member disposed to face the reading unit across the conveyance path and configured to rotate about an axis (A platen roller 10 is provided at a position opposing the image sensor 1 with a constant clearance gap between the platen roller 10 and a contact glass 20 of the image sensor 1; paragraphs 75, 77, Figures 1, 7-8 and see the rest of reference);
a plurality of background members provided at the rotation member and configured to be positioned to face the reading unit when the rotation member rotates (By rotating the platen roller 10, background colors of an original may be switched and selected; paragraphs 82, 86); and
a first cleaning unit configured to clean the plurality of background members (Execution of cleaning operation of the contact glass 20 by the cleaning member 16 is completed, the control unit 31 controls the driving motor 15 so that the platen roller 10 is further rotated to a rotational position where a member of a selected background color opposes the image sensor 1; paragraphs 86-87).
Regarding claim 2, Kato discloses the image reading device according to claim 1, comprising:
a rotation drive unit (In control unit 31, Figure 4) configured to rotate the rotation member about an axis (Extending parallel to the rotational axis of the platen roller 10; paragraphs 117-118, Figure 5);
a control unit (In control unit 31, Figure 4); and
a sensor configured to sense contamination of the plurality of background members (Contaminants adhered to the contact glass of the image sensor 1 during conveying of the original 8 can be reliably cleaned by the elastic member 16 to enable high quality image reading; paragraph 121 and see the rest of reference), wherein
the first cleaning unit is disposed and configured to clean the plurality of background members in a state where the rotation member rotates (Switching of background colors and cleaning of the contact glass of the image sensor 1 by the rotation of the platen roller 10; paragraphs 96, 102, Figure 3), and
the control unit performs a cleaning operation for the plurality of background members by the first cleaning unit based on acquired information by the sensor (Control unit 31 controls the driving unit 34 to rotate the platen roller 10 so that a cleaning operation by the cleaning member 16 is completed before the front end of the original 8 enters the clearance gap between the platen roller 10 and the image sensor 1; paragraph 114).
Regarding claim 3, Kato discloses the image reading device according to claim 2, wherein the reading unit also serves as the sensor (paragraph 115, Figures 7-8 and see the rest of reference).
Regarding claim 4, Kato discloses the image reading device according to claim 2, wherein
the plurality of background members include a set of background members of a same color (White member 18 of the platen roller 10 is opposed to the image sensor 1 and the background color included in the read image will not be switched (white, same color); paragraphs 132-133), and
the control unit performs a switching operation of the plurality of background members based on the acquired information by the sensor for the plurality of background members cleaned by the first cleaning unit (switching of background colors and cleaning of the contact glass of the image sensor 1 by the rotation of the platen roller 10 may be reliably performed; paragraph 96).
Regarding claim 5, Kato discloses the image reading device according to claim 2, wherein
the first cleaning unit is disposed between one of the plurality of background members and another one of the plurality of background members on an outer peripheral surface of the rotation member (An elastic member 16 extending along the axial direction of the platen roller 10 is attached so as to protrude from the outer peripheral surface of the platen roller 10 to a border portion between the black member 17 and the white member 18 (background members) of the platen roller 10 formed along the axial direction of the platen roller 10; paragraph 83 and see the rest of reference).
Regarding claim 6, Kato discloses the image reading device according to claim 2, wherein
the rotation member includes a reference member having a reference color disposed between the one of the plurality of background members and the other one of the plurality of background members on an outer peripheral surface (paragraph 101 and see the rest of reference).
Allowable Subject Matter
8. Claim 7 is 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.
Cited Art
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tanaka et al. (US 2007/0223062) discloses an image reading apparatus configured to read an image formed on a side of an original, while conveying the original, comprising: an image reading unit including a contact glass configured to guide the original to an image reading location, a glass holding member configured to hold said contact glass, an image sensor configured to read the image on the original conveyed to the image reading location, through said contact glass, a reference member disposed at a location different from the image reading location on said contact glass, or on said glass holding member, such that an image of said reference member can be read by said image sensor, and a moving mechanism configured to move at least one of said image sensor and said reference member relatively so that said image sensor can alternatively read the original conveyed to the image reading location and said reference member; and a driving unit configured to drive said moving mechanism from the outside of said image reading unit to move at least one of said image sensor and said reference member, wherein said moving mechanism comprises a traveling member configured to move at least one of said image sensor and said reference member in a direction different from a longitudinal direction of said image reading unit, wherein said moving mechanism comprises said traveling member configured to hold said image sensor such that said image sensor can move between a first position for reading the image on the original and a second position for reading the image of said reference member, and an urging member configured to urge said traveling member such that said traveling member moves said image sensor to one of the first position and the second position, and wherein said driving unit comprises an operating member configured to drive said traveling member from the outside of said image reading unit, and a driving power source configured to cause said operating member to operate, and wherein said driving power source causes said operating member to operate for driving said traveling member urged by said urging member, whereby said image sensor is moved to the other of the first position and the second position.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN H NGUYEN whose telephone number is (571)270-1229. The examiner can normally be reached M-F 7 am-4 pm.
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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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/ALLEN H NGUYEN/Primary Examiner, Art Unit 2683
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