Prosecution Insights
Last updated: October 02, 2026
Application No. 18/976,314

IMAGE FORMING APPARATUS

Non-Final OA §102§103
Filed
Dec 10, 2024
Priority
Jan 22, 2024 — JP 2024-007359
Examiner
ROGERS, SCOTT A
Art Unit
Tech Center
Assignee
Kabushiki Kaisha Toshiba
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
596 granted / 648 resolved
+32.0% vs TC avg
Minimal +1% lift
Without
With
+1.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
20 currently pending
Career history
657
Total Applications
across all art units

Statute-Specific Performance

§101
11.3%
-28.7% vs TC avg
§103
36.7%
-3.3% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 648 resolved cases

Office Action

§102 §103
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 . 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-4, 6, 8-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) / 102(a)(2) as being anticipated by Hohberger et al (US 20120226907 A1). Referring to claims 1-3: Hohberger et al disclose an image forming apparatus (host device 100 or 850, such as a printer) comprising: a reader configured to read (par. 40, 41, 67, 71: RFID reader, communication component 855/860), from a tag of an ink ribbon (par. 39: RFID transponder 130, 740, or 820/835), a unique identifier (par. 40, 67: unique serial number), a digital certificate (par. 41, 69: authentication number or code), and ribbon length information indicating a length of a ribbon (implied in par. 61 with par. 72); and a controller (par. 49, 71: processor) configured to: verify the digital certificate based on the unique identifier (par. 60, 71: authentication function); determine a cumulative ribbon usage amount of the ink ribbon corresponding to the unique identifier (par. 61, 72: ribbon used); and prohibit printing in response to a determination that at least one of (a) the digital certificate is verified to be incorrect (par.60: improper authentication . . . counterfeit media is both detected by the printer, and made unusable . . . by setting its status as "fully used") or (b) the cumulative ribbon usage amount is equal to or greater than the ribbon length information (par. 61: printer not only can refuse to use an expended ribbon cassette or ribbon roll, but also can lock its transponder into "fully used" status). Referring to claim 4: Hohberger et al disclose a memory configured to store the cumulative ribbon usage amount in association with the unique identifier, wherein the controller is configured to acquire the cumulative ribbon usage amount from the memory (par. 61, 72-23: when it is determined that the consumable article (ribbon cassette or ribbon roll) has been completely expended or has a low percentage of life remaining (typically 10-15%), an identifier of the consumable article (such as the unique serial number) will be stored in a used consumable list data (470) in printer memory). Referring to claim 6: Hohberger et al disclose the controller is configured to acquire the cumulative ribbon usage amount from the [RFID] tag (par. 72: memory elements in the [RFID] transponder keep track of media usage, and remaining media count). Referring to claim 8: Hohberger et al disclose the reader (par. 40, 41, 67, 71: RFID reader, communication component 855/860) is configured to communicate wirelessly with the integrated circuit tag (par. 39: RFID transponder 130, 740, or 820/835) to read the unique identifier. Referring to claim 9: Hohberger et al disclose the digital certificate is based on the unique identifier (par. 52, 56: calculation authentication process 208). Referring to claim 10: Hohberger et al disclose the cumulative ribbon usage amount of the ink ribbon corresponding to the unique identifier includes a usage amount of the ink ribbon in a second image forming apparatus (par. 41, 72: memory elements in the [RFID] transponder keep track of media usage, and remaining media count in the ribbon cassette or ribbon roll, which can be used in any compatible printer from the manufacturer). Referring to claims 11-16 and 18: These apparatus claims correspond to the apparatus claims 1-4 and 6, where the consumable item is the ink ribbon, and includes the additional limitation of a printer configured to form an image using a consumable item, which Hohberger et al disclose (host device 100 or 850, such as a printer). Therefore, these claims are rejected for the same reasons as presented above. Referring to claims 19-20: These claims are the methods for performing the corresponding functions of the apparatus as set forth respectively in claims 1 and 6 and are therefore rejected for the same reasons as presented above. 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. Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hohberger et al as applied to claim 1 above, and further in view of Jones et al (US 20120134686 A1). Referring to claim 5 and 11: Hohberger et al do not disclose a communication interface configured to communicate with a server, wherein the controller is configured to: transmit the unique identifier to the server through the communication interface; and receive the cumulative ribbon usage amount from the server through the communication interface. However, Jones et al disclose a used consumables database or list may be made available to a server, the printer controller configured to transmit the unique identifier (ID information on the associated chip) to the server through the communication interface (par. 43, 45, 55). It would have been prima facie obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have configured the controller in Hohberger et al in view of Jones et al to include a communication interface configured to communicate with a server, wherein the controller is configured to transmit the unique identifier to the server through the communication interface, and receive the cumulative ribbon usage amount from the server through the communication interface. Such a modification would provide an alternative or additional means of storing and providing information on cumulative usage amounts of a consumable item (e.g., ribbon in uniquely identified ink ribbon cassettes or ribbon rolls) with the advantages or reducing memory required in the printer, or more importantly, providing information on cumulative usage amounts of a consumable item associated with the unique identifier to be determined in any compatible printer. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hohberger et al as applied to claim 1 above, and further in view of Panshin et al (US 20190329563 A1). Referring to claim 7: Hohberger et al disclose an authentication function for a digital certificate using public key cryptography (par. 53). While Hohberger et al do not obtain information by hashing the unique identifier, Panshin et al, in the same field of art, teaches using hash values corresponding to authentication values (unique identifiers) to authenticate a print substance cartridge in a printing device. It would have been prima facie obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have configured the controller in Hohberger et al in view of Panshin et al to verify the digital certificate by comparing (a) information obtained by hashing the unique identifier with (b) information obtained by decrypting the digital certificate in order to provide trusted identity authentication (ownership of the public key). 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 (i.e., a descriptive title that distinguishes the invention and is not a generic or general description). The new title should take into account any amendments to the claims to best indicate the claimed invention. The title must be as short and specific as possible (see 37 CFR 1.72(a)), distilling a description of the claimed invention into as few words as possible to capture the essence of the claimed invention. Rather than reciting statutory categories (apparatus, method, product) and some generic descriptor (e.g., information processing), a title that is specific, but characterizes the essence or key aspect(s) of the claimed invention, should be submitted. Information Disclosure Statement The information disclosure statements (IDS) submitted on 12/10/24, 9/23/25, and 5/4/26 were filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the statements have been considered by the examiner. The relevance of the cited documents in the IDS submitted on 9/23/25, in addition to any applied above, can be found in the European Search Report and/or Written Opinion from the EPO dated 6/23/25 for EP Application No. 25152672.9 (of record). Applicant has not provided an explanation of relevance of cited document(s) summarized below. Hoshi (US 20230166933 A1) discloses a medium issuing device for issuing a medium includes a drive part which drives a conveyance mechanism for conveying the medium in a conveyance passage, a printing part which reads out printing data and prints on the medium according to drive by the drive part, and a control part which acquires enlarged printing data when code data are included in the printing data, the enlarged printing data being enlarged in a conveyance direction of the medium with respect to an original size which do not include the code data, and the control part controls a driving speed of the drive part to a lower speed than a normal driving speed according to an enlargement ratio at least in a portion of the code data. Uehara et al (JP 2004093693 A) disclose a radio frequency identification (RFID) control circuit (31) that reads toner cartridge information stored in RFID tag, when reusing exhausted cartridge. An encryption unit enciphers predetermined information acquired from read information using encryption algorithm. A postscript unit adds enciphered information to the storage area of RFID tag. This prevents unauthorized use of exchangeable toner cartridge efficiently to improve the quality maintenance of the printer during reuse of exhausted cartridge, by adding enciphered toner cartridge information to RFID tag. Ng et al (P 2005297223 A) disclose a reading unit that reads the cartridge information currently recorded on a recording portion of an ink cartridge (200), when ink cartridge is mounted. A decoding unit decodes the read information using public key. A log storing unit (40) matches and stores the decoded information with mounting order of the ink cartridge. The enables knowledge on the expiration date of ink cartridge earlier. Magara et al (JP 2015162694 A) disclose a system that has a chip ID that identifies goods tags and serial number which uniquely identifies the public key certificate. A memory unit (31) stores goods certificate including electronic signature having merchandise information of goods. A terminal device has a transmission unit that transmits information containing chip ID, goods certificate to an authentication server (30). A determination unit (33) determines authenticity of goods to be genuine article, when chip ID contained in information received from terminal device corresponds to serial number. The correspondence of goods tag and key information are managed correctly, and the authenticity of goods can be determined correctly. Cited Art The prior art and other references made of record and not relied upon are considered pertinent to applicant's disclosure. The relevance of the Japanese documents cited on the 892 can be found the Notice of Reasons for Refusal from the JPO dated 8/26/26 in Japanese Patent Application No. 2024-007359 (of record). Spurr et al (US 6106166 A) disclose a photoprocessing apparatus for sensing type of photoprocessing consumable and method of assembling the apparatus. The invention includes a photographic printing and developing apparatus (10) adapted to allow the apparatus to sense types of supplied consumable photosensitive paper and photoprocessing chemicals and method for assembling the consumable paper and chemicals for sensing. An electrically programmable read/write memory contained in a transponder (54) is integrally attached to the consumable paper or chemicals package. The transponder (54) is capable of receiving a first, RF frequency electromagnetic field and deriving power and address information from the first frequency, then generating a second RF frequency electromagnetic field in response, where the second electromagnetic field is characteristic of the data stored in memory. A transceiver (50) is disposed within the photographic printing and developing apparatus (10) with antenna (56) and support components for polling each transponder (54). As instructed by a control logic processor (14), transceiver (50) can both read manufacturing data from the transponder (54) about the consumable paper or chemical and write usage and processing data to the transponder (54) for storage in memory. Sato et al (US 8392769 B2) disclose storage device 100 mounted on the rear surface (on the surface at the rear side of the side to be connected to the printer). The storage device 100 is realized by, for example, a semiconductor storage device including flash memory modules or ferroelectric memory modules. This storage device 100 stores therein various data relating to ink and the liquid reservoir 300, such as ID information for identifying the liquid reservoir 300 and an amount of consumed ink. The data relating to an amount of consumed ink is data associated with ink stored in the liquid reservoir 300, the data indicating a total amount of ink that has been consumed by execution of printing and the like. This data relating to an amount of consumed ink may be information indicating a current amount of ink included in the liquid reservoir 300, or may be information indicating a ratio of an amount of consumed ink relative to an amount of filled ink. See col. 13, line 48 to col. 14, line 33 and Figs. 14-15B. Zhou et al (US 9592676 B2) disclose an ink cartridge chip according to the first embodiment (Fig. 2) that includes an interface unit 21, a control unit 22, and a storage unit 23. The storage unit 23, is configured to store autogenic identification information and a state flag, and the state flag includes an executable state and a non-executable state. The storage unit may also store information related to the ink cartridge, which may be identification information of the ink cartridge itself, ink cartridge manufacturer, manufacturing date, the amount of used ink and residual ink, etc., and the identification information of the ink cartridge itself may be ink color, device address of the storage unit, or other information which may be used to distinguish different ink cartridge types. See col. 7, lines 25-63. Ness et al (US 9770915 B1) disclose a replaceable item for a host device includes a non-volatile memory and logic. The non-volatile memory stores passwords or authentication values, and/or a cryptographic key. The logic satisfactorily responds to requests for passwords a maximum permitted number of times to authenticate the replaceable item within the host device. Ness et al (US 9781305 B1) disclose replaceable item for a host device, such as a print substance cartridge for a printing device, stores multiple identities. For each identity, the replaceable item stores multiple authentication values, or passwords. The replaceable item selects an identity, and in response to a request for an authentication value from the host device, sends the requested authentication value for the selected identity. Panish et al (US 9961234 B1) disclose a replaceable item for a host device, such as a print substance cartridge for a printing device, stores multiple identities. For each identity, the replaceable item stores multiple authentication values, or passwords. The replaceable item selects an identity, and in response to a request for an authentication value from the host device, sends the requested authentication value for the selected identity. He (US 10012929 B2) discloses an imaging cartridge chip that includes a communication module for providing data communication between the imaging cartridge chip and an imaging device; a non-volatile data storage module for storing at least two different serial numbers; a volatile temporary data storage module connecting between the communication module and the non-volatile data storage module and including at least two temporary data storage units; and a control module. The control module is configured to load different serial numbers into corresponding temporary data storage units; to send a serial number in a selected temporary data storage unit to the imaging device; to determine whether the serial number sent to the imaging device passes a legitimacy verification of the imaging device; and when the serial number sent to the imaging device does not pass the legitimacy verification, to send a serial number in another temporary data storage unit to the imaging device. Chen et al (US 10970011 B2) disclose an invention that relates to the technical field of printer consumables, and particularly relates to a consumable chip, a consumable and a consumable communication method. The consumable chip directly executes a read request without verifying an imaging device check code in the read request of an imaging device, and then, the consumable chip can respond to the read request of the imaging device in time without being limited by an authentication mechanism of the imaging device, thereby increasing the response speed of the consumable chip to the read request of the imaging device, expanding the compatibility of the consumable chip for imaging devices of different types, and obtaining a certain fault-tolerant capability. Hohberger et al (US 20060191022 A1 and US 20100284531 A1) disclose an authentication method for authenticating an article in a device includes the steps of (a) reading an identification number stored on the article, (b) reading an authentication number stored on the article, (c) determining an input number based at least in part on the identification number, (d) applying an authentication function to the input number to calculate an output number, (e) determining that the article is authentic only if the authentication number corresponds to the output number, and (f) permitting use of the article in the device if the article is authentic, and disabling use of the article in the device if the article is not authentic. Jones et al (US 20120134686 A1) disclose methods and systems for authenticating an imaging device consumer replaceable unit (CRU) used in products such as a printing system with appropriate programming such that they are able to positively recognize and accommodate authorized consumables. A microcontroller or processing chip is integrated with the CRU and capable of generating a Validation Code. A code key will be comprised of a value string including programmed characters representing a combination of all or portions of a market program designator or code, consumable identification (ID) information and a randomly generated value, which may be hidden from view. The resulting string key is a basis for an algorithm created Validation Code. This code is generated by the consumable processor and readable by a printing system or device the CRU is inserted into. The code is independently established by the printing system or device using the same algorithm and information and validates the resulting Code when they match. The printing system or device must confirm the Validation Code and ID applicability of the consumable to deem it appropriate for use. Oishi et al (US 20250065655 A1), also filed by Applicant, disclose a printing apparatus that mounts an ink ribbon provided with a wireless tag storing a digital certificate that is generated using an encryption algorithm on the basis of a private key and a unique identifier (ID) of the wireless tag. The printing apparatus communicates with the wireless tag, and reads the unique ID of the wireless tag and also reads the digital certificate stored in the wireless tag. Further, the printing apparatus verifies the digital certificate on the basis of a public key and the unique ID read from the wireless tag to determine whether or not the ink ribbon is a genuine product. Oishi et al (US 20250236129 A1), also filed by Applicant, disclose an image formation apparatus that prevents use of a consumable that is not a genuine product. An image formation apparatus includes one or more processors. The one or more processors read, from an IC tag of an ink ribbon, ID information and a digital certificate based on the ID information or information other than the ID information. The one or more processors verify the digital certificate based on the ID information. Wang et al (CN 114546303 A) relates to the technical field of credible anti-counterfeiting of printers, in particular to a credible anti-counterfeiting method of a printer, which comprises the following steps: s1: based on a trusted 3.0 trusted initiative metric; s2: running; s3: verifying the authenticity of consumables; s4: and (6) counting. The invention is provided with the AK32-H and the AK32-L, realizes the credible authentication of the domestic printer based on a credible security chip, supports credible active measurement and credible operation control, simultaneously adopts the channel encryption technology of the domestic printer, protects the data interacted between the main control and the consumable items of the printer based on the secret key stored by the security chip, prevents an illegal person from attacking an anti-counterfeiting system by tampering with communication data, adopts a private protocol for an anti-counterfeiting counting function, and carries out encryption protection on the data in communication, improves the safety of the function, further realizes the credible measurement on the data of the ROM when the domestic printer is started, and simultaneously carries out the bidirectional authentication and counting encryption functions of the printer and the consumable items in the whole process in the printing business process. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott Rogers whose telephone number is 571-272-7467. The examiner can normally be reached 8 am to 7 pm flex. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abderrahim Merouan can be reached on 571-270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from the Patent Center. Unpublished application information in the Patent Center is available to registered users. To file and manage patent submissions in the Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about the Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Scott A Rogers/ Primary Examiner, Art Unit 2683 12 September 2026
Read full office action

Prosecution Timeline

Dec 10, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
92%
Grant Probability
93%
With Interview (+1.2%)
2y 1m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 648 resolved cases by this examiner. Grant probability derived from career allowance rate.

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