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 .
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.
Specification
TITLE - 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.
JUMBO CASE - The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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: an air supplying portion, a flow passage forming portion, a first member, a second member, a third member in claim 1; a flexible tubular member in claim 15; a first sealing member, a second sealing member in claim 18.
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, 5, 9-12, 14 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,201,941 to Kasahara et al.
Kasahara teaches:
(claim 1) An image forming apparatus (Fig.1) comprising: an air supplying portion (air pump, not shown) configured to supply air for conveying toner (col. 6 lines 15-17); and a flow passage forming portion (see flow arrows in Fig.5) in which a first flow passage, a second flow passage, and a third flow passage are formed such that the air supplied by the air supplying portion flows through the first flow passage, the second flow passage, and the third flow passage in this order,
wherein the flow passage forming portion includes a first member (outer walls of 20) having a first surface (A in annotated Fig.5 below) and a second surface (B in annotated Fig.5 below), a second member (23) having a third surface (C in annotated Fig.5 below), and a third member (22) having a fourth surface (D in annotated Fig.5 below), the first surface and the second surface intersecting with each other with a ridge portion (R in annotated Fig.5 below) therebetween,
wherein the first flow passage is formed in a gap between the first surface and the third surface, wherein the third flow passage is formed in a gap between the second surface and the fourth surface, wherein at least part of the second flow passage is a tunnel (T in annotated Fig.5 below) passing through an interior of the first member (flow passages indicated with wide arrows below), and
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[AltContent: oval][AltContent: oval]wherein a first connecting portion where the first flow passage and the second flow passage are connected to each other and a second connecting portion where the second flow passage and the third flow passage are connected to each other are provided at positions away from the ridge portion (connecting portions indicated by large dots in annotated Fig.5 below).
(claim 5) The image forming apparatus according to claim 1, wherein the third member includes a second groove portion (bottom opening of tube 22) provided in the fourth surface, and wherein the second groove portion is covered by the second surface of the first member (when viewed from below) so that the third flow passage is formed.
(claim 9) The image forming apparatus according to claim 1, wherein a gap is provided between the second member (B) and the third member (C) at a position adjacent to the ridge portion.
(claim 10) The image forming apparatus according to claim 1, wherein at least part of the first flow passage extends in a direction intersecting with the second surface, and wherein at least part of the second flow passage extends in a direction intersecting with the first surface.
(claim 11) The image forming apparatus according to claim 1, further comprising: a replenishment container (20) provided with an accommodating space (24) to accommodate the toner; and an apparatus body to and from which the replenishment container is attachable and detachable and which includes an accommodating portion (10) configured to accommodate the toner supplied from the replenishment container (Fig.2) , wherein the flow passage forming portion is disposed in the apparatus body, and wherein the first flow passage, the second flow passage, and the third flow passage constitute a flow path through which the air supplied from the air supplying portion flows toward the replenishment container (by supporting the container 20 the flow passage forming portion is also disposed in the apparatus body).
(claim 12) The image forming apparatus according to claim 11, wherein the flow passage forming portion includes a first opening portion (32) for receiving the air supplied from the air supplying portion, and a second opening portion (33) configured to be connected to an opening portion provided in the replenishment container to take in the air from the air supplying portion.
(claim 14) The image forming apparatus according to claim 12, wherein the air supplying portion is disposed above the accommodating portion, wherein a position of the replenishment container in an up-down direction overlaps with a position of the accommodating portion in the up-down direction, wherein the opening portion of the replenishment container is disposed below the air supplying portion, and wherein the second opening portion is positioned below the first opening portion (see #32, #33 and air feed direction arrow in Fig.5; col. 5 line 57- col. 6 line 14).
(claim 19) The image forming apparatus according to claim 1, wherein the air supplying portion is an air pump (Abstract).
Claim(s) 1, 5, 9-12, 14 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0011854 to Suenaga et al.
Suenaga teaches:
(claim 1) An image forming apparatus (100) comprising: an air supplying portion (81) configured to supply air for conveying toner [0056]; and a flow passage forming portion (70) in which a first flow passage, a second flow passage, and a third flow passage are formed such that the air supplied by the air supplying portion flows through the first flow passage, the second flow passage, and the third flow passage in this order,
wherein the flow passage forming portion includes a first member (72) having a first surface (72F) and a second surface (72R), a second member (71) having a third surface (cylindrical shape), and a third member (76) having a fourth surface, the first surface and the second surface intersecting with each other with a ridge portion (connecting wall portions of 72 in the short direction) therebetween,
wherein the first flow passage is formed in a gap between the first surface and the third surface, wherein the third flow passage is formed in a gap between the second surface and the fourth surface, wherein at least part of the second flow passage is a tunnel passing through an interior (72H) of the first member [0060-0065], and
wherein a first connecting portion where the first flow passage and the second flow passage are connected to each other and a second connecting portion where the second flow passage and the third flow passage are connected to each other are provided at positions away from the ridge portion (none provided on connecting wall portions in the short direction of housing 72).
(claim 2) The image forming apparatus according to claim 1, wherein the first member (72) includes a first groove portion (74) provided in the first surface (72F), and wherein the first groove portion is covered by the third surface of the second member (71) so that the first flow passage is formed (Figs. 3-7, [0063]).
(claim 3) The image forming apparatus according to claim 1, wherein the first member (72) includes a second groove portion (75) provided in the second surface (72R), and wherein the second groove portion is covered by the fourth surface of the third member (76) so that the third flow passage is formed [0065].
(claim 5) The image forming apparatus according to claim 1, wherein the third member (76) includes a second groove portion provided in the fourth surface, and wherein the second groove portion is covered by the second surface (72R) of the first member (72) so that the third flow passage is formed [0065].
(claim 6) The image forming apparatus according to claim 1, wherein the first member (72) includes a first groove portion (74) provided in the first surface (72F), wherein the second member (71) includes a third groove portion (opening of duct 71) provided in the third surface, and wherein the first groove portion and the third groove portion oppose each other so that the first flow passage is formed [0063].
(claim 7) The image forming apparatus according to claim 1, wherein the first member (72) includes a second groove portion (75) provided in the second surface (72R), wherein the third member (76) includes a fourth groove portion (bottom opening) provided in the fourth surface, and wherein the second groove portion and the fourth groove portion oppose each other so that the third flow passage is formed [0065].
(claim 8) The image forming apparatus according to claim 1, wherein the first flow passage and the ridge portion are separated by a region where the first surface and the third surface abut each other, and wherein the third flow passage and the ridge portion are separated by a region where the second surface and the fourth surface abut each other (Figs.3-7).
(claim 10) The image forming apparatus according to claim 1, wherein at least part of the first flow passage extends in a direction intersecting with the second surface, and wherein at least part of the second flow passage extends in a direction intersecting with the first surface (flow passages extend horizontally intersecting vertical walls 72F/72R).
(claim 16) The image forming apparatus according to claim 1, wherein the flow passage forming portion is formed such that the air supplied from the air supplying portion flows through a fourth flow passage, a fifth flow passage, and a sixth flow passage in this order, and that the fourth flow passage, the fifth flow passage, and the sixth flow passage are flow passages independent from the first flow passage, the second flow passage, and the third flow passage, wherein the fourth flow passage is formed in a gap between the first surface and the third surface, wherein the sixth flow passage is formed in a gap between the second surface and the fourth surface, wherein at least part of the fifth flow passage is a tunnel passing through an interior of the first member, and wherein a connecting portion where the fourth flow passage and the fifth flow passage are connected to each other and a connecting portion where the fifth flow passage and the sixth flow passage are connected to each other are provided at positions away from the ridge portion (#70 integrally provides flow passages for a different color toner).
(claim 17) The image forming apparatus according to claim 1, wherein the first surface and the third surface are glued together, and wherein the second surface and the fourth surface are glued together (glued is broadly interpreted as any means to join, fasten or adhere; [0073]).
Allowable Subject Matter
Claims 4, 13, 15, and 18 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARLENE HEREDIA whose telephone number is (571)272-8393. The examiner can normally be reached M-F: 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at (571)272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Arlene Heredia Ocasio/Primary Examiner, Art Unit 2852