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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/12/2024 and 2/7/2025 was considered by the examiner.
Drawings
The drawings filed on 11/12/2024 are acceptable for examination 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 28 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 (claim 28 and 32 of 17/979,222) of U.S. Patent No. 11,774,888 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they encompass the same invention of a heating apparatus comprising a plurality of heat generation members, a plurality of contacts, a substrate on which the plurality of heat generation members and the plurality of contacts are mounted, and a first switching unit.
Allowable Subject Matter
Claim 28 is allowed. The prior art cited by applicant to KAJIKAWA (JP2007-178516A) teaches, regarding claim 28, a heating apparatus comprising a plurality of heat generation members 406A-C, a plurality of contacts 503P, a substrate on which the plurality of heat generation members 406A-406C and the plurality of contacts are mounted, and a first switching unit , wherein the plurality of heat generation members includes a first heat generation member 406C, and a second heat generation member 406B and a third heat generation member406C, a length of the second heat generation member and a length of the third heat generation member are shorter than a length of the first heat generation member 406C in a longitudinal direction of the substrate, wherein the plurality of contacts includes a first contact 501C to which one end of the first heat generation member 406C is connected, a second contact 501B to which one end of the second heat generation member 406B and one end of the third heat generation member 406A are connected (connected through 503P in figure 5) , a third contact 501A to which another end of the third heat generation member is connected, and a fourth contact 502P to which another end of the first heat generation member 406C and another end of the second heat generation member 406B are connected (figure 5; the first and second heat members are connected at the left end in the figure).
KAJIKAWA does not teach that the first switching unit is configured to bring an electric path between the second contact and the fourth contact into one of a connecting state and an open state, and wherein the first contact, the second contact, the third contact, and the fourth contact are provided on end sides of the substrate beyond the first heat generation member, the second heat generation member, and the third heat generation member, in the longitudinal direction of the substrate.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KATO et al. (US 2005/0280682 A1) teach an image heating apparatus having plural heat generating resistors.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANA GRAINGER whose telephone number is (571)272-2135. The examiner can normally be reached on Monday - Friday, 9-5.
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/QUANA GRAINGER/Primary Examiner, Art Unit 2852
QG