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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-12 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-12 of prior U.S. Patent No. 12,187,051. This is a statutory double patenting rejection.
Claims for Instant Application 18/977,372
Matching Claims for Patent No. 12,187,051
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
Claim Rejections - 35 USC § 102
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.
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) 1-2, 4, 8, 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takabayashi (U.S. Pub. 2021/0283918)
Regarding claim 1, an image forming apparatus (Abstract) comprising: an image forming portion that forms an image on a medium; a casing that houses the image forming portion and has a first surface (Figures 1-2; Paragraphs 0013, 0022)
A power operating portion (17) (Figures 1-2; Paragraph 0014)
A scanner (21) that scans an image on an original (Paragraph 0015)
A touch operation portion (14) that is operated by a user (Figures 1-2; Paragraph 0013)
wherein assuming that a direction perpendicular to the first surface of the casing is a front-to-back direction, the power operating portion is disposed on the first surface, the scanner is disposed to be openable and closable with respect to the casing, the power operating portion is disposed on a front of the casing (Figures 1-2)
when the scanner is in a closes state, the touch operation panel (14) covers a portion of the front of the casing (Figure 1)
when the scanner is in an open state, the touch operation portion is lifted following the scanner from the front of the casing while the power operating portion is fixedly disposed on the front of the casing (Figure 2)
regarding claim 2, wherein the power operating portion (17) and the touch operation panel (14) are disposed at a front surface of the casing (Figure 1)
regarding claim 4, a medium discharging portion (16, 32) that discharges the medium from a front of casing (Figures 1-5; Paragraph 0020-0024)
the power operating portion is disposed above the medium discharging portion in a vertical direction of the casing (Figure 1)
regarding claim 5, a medium container (24) that takes in the medium from a front of the casing, wherein the power operating portion is disposed above the medium container in a vertical direction of the casing (Figures 1-5; Paragraph 0019)
regarding claim 8, wherein the power operating portion is disposed on an extension of a center of the touch operation portion in a vertical direction (Figures 1-5)
regarding claim 10, a liquid container (18) that contains liquid to be supplied to the image forming portion; a liquid level visual recognition portion (19) disposed below the touch operation portion in a vertical direction of the casing, the liquid level visual recognition portion being for use in viewing a remaining amount of the liquid in the liquid container (Figure 5; Paragraph 0014)
regarding claim 11, wherein the image forming portion includes an ejecting head that ejects liquid droplets (Figures 1-5; Abstract)
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takabayashi (U.S. Pub. 2021/0283918) in view of Arimori et al (U.S. Pub. 2016/0059601)
Regarding claim 3, Arimori discloses an externally coupling portion (25) at a front of the casing (Figure 1), the externally coupling portion coupling an external device; wherein the power operating portion (15a) is disposed above the externally coupling portion in a vertical direction of the casing (Figure 1; Paragraphs 0043, 0046)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Ariomori into the device of Takabayashi, for the purpose of connecting an external device to the printer
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takabayashi (U.S. Pub. 2021/0283918) in view of Ota et al (U.S. Pub. 2020/0079109)
Regarding claims 6-7, Ota discloses a mechanical switch power operating portion (15) and a substrate disposed at a vertical position different from a position of the power operating portion (15; power button is at top of apparatus), the substrate including a control unit (57); wherein the power operating portion is coupled to the substrate via a cable (the control board will be connected to the power button) (Figures 1, 4, 5; Paragraph 0088, 0102-0103)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Ota into the device of Kuroki, for the purpose of controlling the apparatus with the control board and connected buttons/switches
Claim(s) 9, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takabayashi (U.S. Pub. 2021/0283918) in view of Kuroki et al (U.S. Pub. 2018/0013905)
Regarding claims 9, 12, Kuroki discloses wherein the touch operation (51) is supported so as to tilt with respect to the casing (Figures 1-3; rotation shaft 53; Paragraph 0048)
The power operating portion (7) is disposed as the casing so as not to tilt with respect to the casing (Figures 1-3)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Kuroki into the device of Takabayashi, for the purpose of improving the ease of use for the user
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S UHLENHAKE whose telephone number is (571)272-5916. The examiner can normally be reached Monday-Friday, 8:00 am - 5:00 pm.
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, Douglas X. Rodriguez can be reached at (571) 431-0716. 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 Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about 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.
/JASON S UHLENHAKE/Primary Examiner, Art Unit 2853 June 26, 2026
Prosecution Insights