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 .
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.
The disclosure is objected to because of the following informalities:
The applicant should delete paragraph 284 as being a mere replica of the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 1, lines 4-5, the applicant describes a “mount portion” which is not clearly described in the specification. Fig.7 depicts the developer storage container 80, the supplying device 70 and the mount portion 701 (see specification, par. 53-54). The reference numeral 701 is pointing to the exterior of the storage container and no other apparent structure is associated with this “mount portion”. It appears that the storage container is mounted to the supplying device 70, the mounting occurring between the interface between the storage container and the supplying device. Clarification is requested.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2,6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 2, the applicant claims that the developer storage container has an “axial direction” but it is not clear which direction this would be in.
In claim 6, the applicant claims that the opening is “directed to a side opposite to a side where the developer storage container is installed” which is indefinite. It is not clear what is means by “directed to a side”.
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.
Claims 1-2,4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamura et al. (U.S. 2003/0049044).
Nakamura et al. teach an image forming apparatus 100 (Fig.1) including an image carrier 103, a developing device 104 which applies toner to the image carrier, a toner bottle mounting and supplying device 106 which includes a toner bottle holder 202, hopper frame 203, and supply roller 208 (see Fig.2, par. 26,30,32-33). Thus, the toner mounting and supplying device 106 supplies developer (toner) to the developing device 104 via a toner bottle opening 205, facing holder opening 207 and supply roller 208; the toner mounting and supply device 106 has an opening 218 which is in communication with the inside and outside of the supply device 106; the opening being located at a position facing an outer peripheral surface (end face) of the toner bottle 201.
Regarding claim 2, the opening 218 has a certain depth (left to right direction in Fig.2) and this is considered as extending in an “axial” direction of the developer container.
Regarding claim 4, as seen in Fig.4, there are a plurality of openings 218 facing the end of the toner bottle.
Regarding claim 5, as seen in Fig.4, the plurality of openings 218 differ is position in the circumferential direction of the toner bottle.
Regarding claim 6, the opening 218 is positioned on a side which is “opposite” to the position of the end face of the toner bottle which is interpreted to be “directed to a side opposite to a side where the developer storage container is installed”.
Claim 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kunihiro et al. (U.S. 2011/0008068).
Kunihiro et al. teach an image forming apparatus 100 (Fig.1) including an image carrier 1, a developing device 2 (which includes developing roller 101) which supplies a developing toner to the image carrier, and a supplying device (see Fig.4) to supply toner to the developing device/roller; the supplying device including a supply space N which is a space where air (gas) flowing (air paths 150,151) within the developing device is directed (applicant’s “supplied” gas flow), a circulation flow path for the toner in which the toner circularly moves which is provided around the supply space N; the circulation flow path including first and second screws 112,113 within first and second “containers” 111d, 111c where the toner is circulated in a circular fashion (Fig.3b), an opening 140 used to discharge the air flow 152 is connected to the supply space; the opening connecting the inside and outside of the supplying device. The air in the supply space moves toward and is discharged out of the opening without passing along the toner circulation flow path. See par. 67-77. It is noted that airflow 151 occurs due to the rotation of the screw 112 and does not necessarily move along the toner circulation path (along the length of screws 112, 113).
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the opening extending from a position facing one end of the developer storage container in the axial direction to a position facing another end of the developer storage container in the axial direction is not taught, suggested or rendered obvious by the prior art of record.
Claims 7-11 are allowable over the prior art of record.
The applicant claims in claim 7, an image forming apparatus comprising an image carrier, a developing device to apply developer to the image carrier and a supplying device to supply developer to the developing device; the supplying device includes a discharge port to discharge the developer, a circulation flow path along which the developer circularly moves and includes a supplied portion to which a new developer is to be supplied, a connection flow path that is a flow path connected to the circulation flow path, the connection flow path extending from a connected portion of the circulation flow path toward the discharge port, the connected portion is a portion to which the connection flow path is connected, and an opening used to discharge a gas in the supplying device and which is connected to the circulation flow path, the opening being connected to a portion of the circulation flow path located on a downstream side of the connected portion in a developer movement direction and is located on an upstream side of the supplied portion in the developer movement direction which is not taught, suggested or rendered obvious by the prior art of record (italics indicated patentable features over the prior art).
Specifically, referring to Fig.s 30-31, par. 263-279 of the specification, the supplying device 70 includes a discharge port 74 to discharge the developer, a circulation flow path 590 along which the developer circularly moves and includes a supplied portion 626 to which a new developer is to be supplied, a connection flow path 628 that is a flow path connected to the circulation flow path, the connection flow path extending from a connected portion 629 of the circulation flow path toward the discharge port 74, the connected portion 629 is a portion to which the connection flow path is connected, and an opening 505 used to discharge a gas in the supplying device and which is connected to the circulation flow path 590, the opening 505 being connected to a portion of the circulation flow path located on a downstream side of the connected portion 629 in a developer movement direction and is located on an upstream side of the supplied portion 626 in the developer movement direction is not taught, suggested or rendered obvious by the prior art of record (italics indicated patentable features over the prior art).
.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wakai et al., Toba et al., Leemhuis et al., and Jang et al. all teach air discharge openings associated with developer supply devices which appear relevent to the claimed invention. Umekubo et al. ‘377, Suzuki et al. ‘379, Sekine et al., Umekubo et al. ‘951, and Suzuki et al. ‘958 all teach various related applications pertinent to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT B BEATTY whose telephone number is (571) 272-2130. The examiner can normally be reached on M-F from 7 to 3.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Stephanie Bloss, can be reached on (571) 272-3555. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-2130.
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/ROBERT B BEATTY/Primary Examiner, Art Unit 2852