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) and their disclosed structure in parenthesis, is/are: a rotator (fixing belt 29), a heat generator (resistive heat generator 31), thermal conductor (thermal equalization plate 28) introduced in claims 1 or 12.
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) 1-4, 6, 7-9, 12-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0153692 to Matsubara et al.
Matsubara teaches:
(claim 1) A heating device (200, Fig.3A) comprising:
a rotator (202);
a heater (300) facing an inner face of the rotator and extending in a longitudinal (x) direction, the heater including: a base (303); and a heat generator (301) having a main heat generation region (section D-E) extending from one (right) end to another (left) end in the longitudinal direction;
a holder (201) holding the heater;
a temperature sensor (211) disposed inside a loop of the rotator, facing the main heat generation region and including a terminal (inherent, not shown);
a thermal conductor (220) on the heater, the thermal conductor extending in the longitudinal direction and having a thermal conductivity higher than the base of the heater [0028], the thermal conductor including:
a main portion having a first cross-sectional area in a cross section orthogonal to the longitudinal direction;
an arm (220a) extending from one end (220b) of the main portion in the longitudinal direction, the arm having a second cross-sectional area in a cross-section orthogonal to the longitudinal direction smaller than the first cross-sectional area of the main portion (Fig.5B, [0034]); and
a projection (end of 220 projects in the z direction) at one end of the arm projecting from one end of the arm in the longitudinal direction, the projection being separated from the terminal of the temperature sensor by an insulation distance or more in the longitudinal direction (Fig.4).
Since the temperature sensor 211 is disclosed as contacting the rear surface of the heater 300 via the thermal conductor 220, it follows that it is disposed within the attachment area H. Therefore, an insulation distance exists between the end portion line 201f and the projection/end of #220 at least within the recessed portion 201d [0028, 0038].
(claim 2) The heating device according to claim 1, wherein the base (303) extends from one end to another end in the longitudinal direction, and a length from a center of the main heat generation region to the one end of the base is shorter than a length from the center of the main heat generation region to said another end of the base (Fig. 3B, [0031]).
(claim 3) The heating device according to claim 1, wherein the arm extending in the longitudinal direction is outside the main heat generation region in the longitudinal direction (Fig.5B).
(claim 4) The heating device according to claim 1, wherein the main portion of the thermal conductor has a first width in a short-side (y) direction orthogonal to the longitudinal (x) direction, and the arm (220a) has a second width smaller than the first width of the main portion in the short-side direction [0034].
(claim 6) The heating device according to claim 1, wherein the thermal conductor is made of one of aluminum alloy, steel, and graphite [0028].
(claim 7) The heating device according to claim 1, wherein the thermal conductor includes a plate, and the projection includes a bent portion formed by bending one end of the plate in the longitudinal direction (Figs. 4, 5B, 8, 9B).
(claim 8) The heating device according to claim 7, wherein the bent portion is formed by bending one end of the plate in the longitudinal direction twice, the holder has a holding hole (201e), the bent portion is inserted into the holding hole, and an end of the bent portion is engaged with the holder in a thickness direction of the base (Fig.4, two inflection points).
(claim 9) The heating device according to claim 1, wherein the temperature sensor includes a temperature detector facing a maximum recording medium passing region through which a maximum recording medium having a maximum width of recording media in the longitudinal direction used in the heating device passes [0028-0029].
(claim 12) A heating device (200) comprising: a rotator (202); a heater (300) facing an inner face of the rotator and extending in a longitudinal direction, the heater including: a base (303); and a heat generator (301) having a main heat generation region (D-E) extending from one end to another end in the longitudinal direction; a holder (201) holding the heater; a temperature sensor (211): disposed inside a loop of the rotator; facing one end of the main heat generation region; and including a terminal; a thermal conductor (220) on the heater, the thermal conductor extending in the longitudinal direction and having a thermal conductivity higher than the base of the heater, the thermal conductor including: a main portion having a first width in a short-side direction orthogonal to the longitudinal direction; an arm (220a) extending from one end (220b) of the main portion in the longitudinal direction, the one end closer to the temperature sensor than another end of the main portion, the arm having a second width in the short-side direction smaller than the first width of the main portion [0034]; and a projection projecting from one end of the arm in the longitudinal direction, the projection being separated from the terminal of the temperature sensor by an insulation distance or more in the longitudinal direction (Fig.4).
(claim 13) A fixing device comprising the heating device according to claim 1 [0026].
(claim 14) A fixing device comprising the heating device according to claim 12 [0026].
(claim 15) An image forming apparatus (100, Fig.1) comprising the fixing device according to claim 13.
(claim 16) An image forming apparatus (100, Fig.1) comprising the fixing device according to claim 14.
Claim(s) 1-3, 9, 10, 13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2023/0367252 to Matsumoto.
Matsumoto teaches:
(claim 1) A heating device (9, 9A-9K, Fig.31) comprising:
a rotator (20);
a heater (22) facing an inner face of the rotator and extending in a longitudinal (X) direction, the heater including: a base (30); and a heat generator (31) having a main heat generation region (D) extending from one end to another end in the longitudinal direction;
a holder (23) holding the heater;
a temperature sensor (25A/24AA/25AB) disposed inside a loop of the rotator, facing the main heat generation region and including a terminal (inherent, not shown);
a thermal conductor (28) on the heater, the thermal conductor extending in the longitudinal direction and having a thermal conductivity higher than the base of the heater [0156], the thermal conductor including:
a main portion (length corresponding to #31) having a first cross-sectional area in a cross section orthogonal to the longitudinal direction;
an arm extending from one end of the main portion in the longitudinal direction (#28 extends beyond #31), the arm having a second cross-sectional area in a cross-section (through vertical dash-line shown below) orthogonal to the longitudinal direction smaller than the first cross-sectional area of the main portion (section shown in annotated Fig.31 below meets the features of a second cross-sectional area; and
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a projection (circled below) at one end of the arm projecting from one end of the arm in the longitudinal direction, the projection being separated from the terminal of the temperature sensor by an insulation distance (solid horizontal line annotated below) or more in the longitudinal direction (#28 is separated from #23a by at least a length of insulation layer #39, [0195]).
(claim 2) The heating device according to claim 1, wherein the base (30) extends from one (right) end to another (left) end in the longitudinal direction, and a length from a center (D0) of the main heat generation region (D) to the one end of the base is shorter than a length from the center of the main heat generation region to said another end of the base (Figs. 7 & 11).
(claim 3) The heating device according to claim 1, wherein the arm extending in the longitudinal direction is outside the main heat generation region in the longitudinal direction (Fig.31).
(claim 9) The heating device according to claim 1, wherein the temperature sensor (25A) includes a temperature detector (253) facing a maximum recording medium passing region (E3) through which a maximum recording medium (P3) having a maximum width of recording media in the longitudinal direction used in the heating device passes (Fig.11).
(claim 10) The heating device according to claim 1, wherein the temperature sensor (e.g. 25AA) includes a temperature detector (253) disposed at a position in the longitudinal direction that is inside the main heat generation region (D) and outside a maximum recording medium passing region (E3) through which a maximum recording medium (P3) having a maximum width of recording media in the longitudinal direction used in the heating device passes (Fig.12 in view of Fig.11).
(claim 13) A fixing device comprising the heating device according to claim 1 [0063].
(claim 15) An image forming apparatus (100, Fig.1) comprising the fixing device according to claim 13.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0367252 to Matsumoto et al., as applied to claim 1 above, and further in view of US 2023/0288852 to Ishigaya et al.
Regarding claim 5, Matsumoto teaches a heating device according to claim 1 but appears silent about the thermal conductor having a detector insertion hole. Ishigaya discloses a heating device comprising a thermal conductor 28D including a hole 29; inside the hole 29 is a temperature sensor 27 that detects the temperature of a heater 23 (Fig.15-16). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating device of claim 1 such that the thermal conductor has a detector insertion hole, adjacent to the arm, to insert the temperature sensor, and the detector insertion hole extends outside the temperature sensor in the longitudinal direction, for at the purpose of improving detection accuracy of heater temperature.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0153692 to Matsubara et al.
Regarding claim 11, Matsubara teaches a heating device according to claim 1, but does not explicitly teach the insulation distance is 2.5 mm or more. Matsubara discloses the placement of the attachment surfaces 201a/201a and the back clearance portion 201d, that define the insulation distance, as variables affecting a pressure applied to secure a position of the thermal conductor. It would have been obvious to one of ordinary skill in the art at the time of effective filing to discover the optimum or workable range of the insulation distance, as a recognized result-effective variable, by routine experimentation (MPEP 2144.05)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9,217,972 to Taguchi discloses a fixing device including a heat conductive member that contacts the heater in a region extending across the first region and the second region, and an amount of heat generated by the heat generating resistor at its end portion is greater than that at its middle portion in the longitudinal direction.
JP 2001-356623 to Niimura discloses an image forming device provided with the heating body, the holding member supporting the heating body, a film sliding on the heating body and a pressure member forming a nip with the heating body via the film. The heating body is equipped with an elastic part which is elastically deformed and attached to the holding member so as to support the heating body.
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