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 applicant has amended to title to include the phrase “provided with a developing device that applies developer to an image carrier” which while not incorrect, is not clearly indictive of the invention. The examiner suggests applicant amend the title to -- IMAGE FORMING APPARATUS PROVIDED WITH A DEVELOPING DEVICE INCLUDING SUPPLYING DEVICE HAVING AN OPENING TO DISCHARGE GAS --.
Drawings
The drawings are objected to because in Fig.7, the “mount portion” 701 is pointing to the same general area as the “developer storage container” 80, however the “mount portion” and the “developer storage container” are two different structures and thus should be pointing to different items. It is suggested that applicant amend Fig. 7 (or Fig.8) such that “701” is pointing to a lower part of the supplying device 70 which mounts the developer storage container not directly at the developer storage container.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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.
Claim 6 is 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 6, line 3, it is unclear what “side” applicant is referring to and on line 4, applicant uses “installed” rather than “mounted” which is not consistent with claim 1. It is recommended applicant insert on line 3 -- of the mount portion -- after “side” (first occurrence) and change “installed” to – mounted -- on line 4.
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 allows gas to be discharge to a side of the mount portion opposite to a side of the mount portion where the developer storage container is mounted.
Claims 12-13 are 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).
Regarding claim 13, the gas in the supply space N moves toward the opening 140 via a portion of the developing device disposed outside the circulation flow path, the circulation flow path being surrounded by walls 111d, 111c.
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).
Conclusion
Applicant's arguments filed 5/7/2026 have been fully considered but they are not persuasive.
Regarding claims 1-2,4-6, the applicant argues that the claims call for an opening facing the outer peripheral surface of the developer storage container and that Nakamura et al. show the openings facing the end face of the toner bottle and thus Nakamura et al. does not teach this limitation. However, the examiner interprets the Nakamura et al. end face of the toner bottle as being part of the “outer peripheral surface” of the toner bottle (which would include the curved face and the flat end faces of the toner bottle) and thus would still read on applicant’s claim.
Regarding claims 12-13, the applicant argues that Kunihiro et al. teach that the gas is channeled back to the inside of the developing tank 111 rather than directly discharged to the outside of the supplying device and thus fails to anticipate all the applicant’s limitations. While examiner agrees that a second portion of the airflow 152 flows back into the developing tank 111 via the vent hole 140, this does not preclude the first portion of the air flowing (directly) outside the supplying device (see Fig.4, par.77-78). Since applicant uses the word “comprising” in line 1 of claim 12, this would encompass an airflow both out from and an airflow back into the developing tank and as such, claim 12 is properly rejected by the disclosure of Kunihiro et al.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
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