DETAILED ACTION
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.
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.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
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 limitations use 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 limitations are:
an image-forming unit,
a reading unit,
a control unit,
an adjustment unit of claim 1,
a correction unit of claim 5,
a communication unit of claim 9,
a display unit, and
a display control unit of claim 11.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The corresponding structure described in the specification as performing the claimed function, and equivalents thereof of the claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, are the following:
an image-forming unit (described in paragraph 27 of Applicant’s specification: In the present embodiment, it is assumed that the image-forming apparatus 100 is a color laser printer capable of printing a color image using an electrophotographic method. In another embodiment, the image-forming apparatus 100 may be any other type of image-forming apparatus, such as a monochrome laser printer or an inkjet printer)
a reading unit (described in paragraph 36 of Applicant’s specification: The reader unit 150 is a reading unit that generates a read image by optically reading a sheet which includes the first line sensor 161a and the second line sensor 161b may be, for example, contact image sensors (CISs))
a control unit (described in paragraph 48 of Applicant’s specification: Referring to FIG. 5, the controller 200 includes a CPU 215),
an adjustment unit (described in paragraph 36 of Applicant’s specification: In the present embodiment, the CPU 215 functions as an adjustment unit 221),
a correction unit (described in paragraph 36 of Applicant’s specification: In the present embodiment, the CPU 215 functions as a correction unit 222),
a communication unit (described in paragraph 49 of Applicant’s specification: The communication interface 211 is a communication unit),
a display unit (described in paragraph 49 of Applicant’s specification: The display unit mentioned here may be, for example, the display of the operation panel 110 in the image-forming apparatus 100 or the host computer 10), and
a display control unit (described in paragraph 49 of Applicant’s specification: In the present embodiment, the CPU 215 functions as a UI control unit 223).
Claim Rejections - 35 USC § 112
Claims 1-14 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.
Claim 1 recites the limitation "the other" in line 25. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the other" in line 24. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the other" in line 16. There is insufficient antecedent basis for this limitation in the claim.
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 1-6 and 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakatani US Publication 2017/0041510 (hereafter “Sakatani”).
Referring to claims 1 and 10, Sakatani discloses an image-forming apparatus, comprising:
an image-forming unit configured to form a user image on a sheet based on at least one image-forming condition (paragraph 51, The image area 81 is the area surrounded by the dotted line in FIG. 3, which includes an image portion 81a in which a user required image is formed);
a reading unit configured to generate a read image by optically reading the sheet (paragraph 83, As illustrated in FIG. 1, the reading apparatus 50 is disposed in the downstream in the sheet conveyance direction of the sheet finishing apparatus 60); and
a control unit configured to cause a display unit to display a preview screen related to the user image formed by the image-forming unit (paragraph 35, The display 14 displays an operation screen and the like according to a control of the hardware processor 70),
wherein the image-forming unit is capable of forming a pattern for adjustment on the sheet together with the user image, the pattern for adjustment being used for adjustment of the at least one image-forming condition (paragraph 51, FIG. 3 illustrates one side of a sheet 80 on which the gradation adjustment marks 85 and the duplex alignment marks 84 are formed in addition to an image),
the pattern for adjustment is arranged in an end section of the sheet in a main-scanning direction or an end section of the sheet in a sub-scanning direction that is perpendicular to the main-scanning direction (paragraph 53-54, As illustrated in FIG. 3, the gradation adjustment marks 85 are formed respectively for C, M, Y and K colors on one side of the sheet 80. The gradation adjustment marks 85 may be formed anywhere in the margin of the sheet 80 (the outside of the image portion 81a [the user is able to place),
the image-forming apparatus further comprises an adjustment unit configured to adjust the at least one image-forming condition based on a result of detection of the pattern for adjustment in the read image generated by the reading unit (paragraph 64, The hardware processor 70 controls the reading apparatus 50 to read the gradation adjustment marks 85 of the n sheets 80 and then calculates adjustment values of the gradation characteristic),
the control unit is configured to cause the preview screen to display a display object representing the pattern for adjustment in accordance with an arrangement of the pattern for adjustment on the sheet (paragraph 77, FIG. 4 illustrates a display screen 140 displayed on the display 14, which simply illustrates one side of the sheet on which the image area 81, the gradation adjustment marks 85 and the duplex alignment marks 84 are formed as well as a variety of control buttons and the like), and
the control unit is configured to, in response to a user input for instructing to change the arrangement of the pattern for adjustment,
change the arrangement of the pattern for adjustment on the sheet from one of the end section in the main-scanning direction and the end section in the sub-scanning direction to the other (paragraph 82, That is, the user who check the forming positions 145, 146 in the display screen 140 can press up-down right-left arrow buttons 141 to 144 through the operation device 13 so that the hardware processor 70 changes the forming positions 145, 146 of the gradation adjustment marks 85 according to the direction of the pressed button) (paragraph 54, The gradation adjustment marks 85 may be formed anywhere in the margin of the sheet 80 (the outside of the image portion 81a [the user is able to move the gradation adjustment marks 85 to the end section in the sub-scanning direction]), and
cause the display object to be displayed on the preview screen in accordance with the changed arrangement of the pattern for adjustment (paragraph 82, Further, the hardware processor 70 controls the display 14 to refresh the display screen in real time so that it simply shows the sheet 80 with the changed forming positions 145, 146 of the gradation adjustment marks 85).
Referring to claim 2, Sakatani discloses wherein the image-forming unit is capable of forming the pattern for adjustment in a trimming region of the sheet to be trimmed off (paragraph 134, When the sheet 80 is trimmed after the image is formed, trim marks 81b are formed in the image area 81. In this case, a trimming area 81c (see FIG. 8) is formed as the blank area where the actual image is not formed and the gradation adjustment marks 85 can be formed).
Referring to claim 3, Sakatani discloses wherein the pattern for adjustment is arranged at both ends in the main-scanning direction in a first arrangement (paragraph 53, As illustrated in FIG. 3, the gradation adjustment marks 85 are formed respectively for C, M, Y and K colors on one side of the sheet 80), and arranged at both ends in the sub-scanning direction in a second arrangement (paragraph 82, That is, the user who check the forming positions 145, 146 in the display screen 140 can press up-down right-left arrow buttons 141 to 144 through the operation device 13 so that the hardware processor 70 changes the forming positions 145, 146 of the gradation adjustment marks 85 according to the direction of the pressed button) (paragraph 54, The gradation adjustment marks 85 may be formed anywhere in the margin of the sheet 80 (the outside of the image portion 81a [the user is able to move the gradation adjustment marks 85 to the end section in the sub-scanning direction]).
Referring to claim 4, Sakatani discloses wherein the pattern for adjustment includes a plurality of patch images arrayed along a longitudinal direction of the pattern for adjustment (paragraph 53, As illustrated in FIG. 3, the gradation adjustment marks 85 are formed respectively for C, M, Y and K colors on one side of the sheet 80),
in the first arrangement, the longitudinal direction of the pattern for adjustment is parallel to the sub-scanning direction (paragraph 53, As illustrated in FIG. 3, the gradation adjustment marks 85 are formed respectively for C, M, Y and K colors on one side of the sheet 80), and
in the second arrangement, the longitudinal direction of the pattern for adjustment is parallel to the main-scanning direction (paragraph 82, That is, the user who check the forming positions 145, 146 in the display screen 140 can press up-down right-left arrow buttons 141 to 144 through the operation device 13 so that the hardware processor 70 changes the forming positions 145, 146 of the gradation adjustment marks 85 according to the direction of the pressed button) (paragraph 54, The gradation adjustment marks 85 may be formed anywhere in the margin of the sheet 80 (the outside of the image portion 81a [the user is able to move the gradation adjustment marks 85 to the end section in the sub-scanning direction]).
Referring to claim 5, Sakatani discloses a correction unit configured to correct density unevenness of an image formed by the image-forming unit in the main-scanning direction,
wherein the control unit is configured to cause the correction unit to correct density unevenness in the main-scanning direction in a case where the second arrangement is set as the arrangement of the pattern for adjustment (paragraph 64, The hardware processor 70 controls the reading apparatus 50 to read the gradation adjustment marks 85 of the n sheets 80 and then calculates adjustment values of the gradation characteristic).
Referring to claim 6, Sakatani discloses wherein the at least one image-forming condition includes a condition related to density of an image formed by the image-forming unit (paragraph 64, The hardware processor 70 controls the reading apparatus 50 to read the gradation adjustment marks 85 of the n sheets 80 and then calculates adjustment values of the gradation characteristic), and
the plurality of patch images in the pattern for adjustment include two or more patch images with different tones (paragraph 53, As illustrated in FIG. 3, the gradation adjustment marks 85 are formed respectively for C, M, Y and K colors on one side of the sheet 80).
Referring to claim 8, Sakatani discloses the display unit (paragraph 82, Further, the hardware processor 70 controls the display 14 to refresh the display screen in real time so that it simply shows the sheet 80 with the changed forming positions 145, 146 of the gradation adjustment marks 85).
Referring to claim 9, Sakatani discloses a communication unit configured to perform communication with another apparatus including the display unit (paragraph 36, The communicating section 15 communicates with an external device in the network such as a user terminal, a server and another image forming apparatus).
Referring to claim 11, Sakatani discloses a display apparatus, comprising:
a display unit; and
a display control unit configured to cause the display unit to display a preview screen related to a user image to be formed by an image-forming apparatus (paragraph 35, The display 14 displays an operation screen and the like according to a control of the hardware processor 70),
wherein the display control unit is configured to cause a display object representing a pattern for adjustment used for adjustment of at least one image-forming condition in the image-forming apparatus to be displayed on the preview screen in accordance with an arrangement of the pattern for adjustment on a sheet, the pattern for adjustment being formed together with the user image on the sheet (paragraph 77, FIG. 4 illustrates a display screen 140 displayed on the display 14, which simply illustrates one side of the sheet on which the image area 81, the gradation adjustment marks 85 and the duplex alignment marks 84 are formed as well as a variety of control buttons and the like), and
the display control unit is configured to accept, via the preview screen, a user input for instructing to change an arrangement of the pattern for adjustment from one of an end section of the sheet in a main-scanning direction and an end section of the sheet in a sub-scanning direction that is perpendicular to the main-scanning direction to the other (paragraph 82, That is, the user who check the forming positions 145, 146 in the display screen 140 can press up-down right-left arrow buttons 141 to 144 through the operation device 13 so that the hardware processor 70 changes the forming positions 145, 146 of the gradation adjustment marks 85 according to the direction of the pressed button) (paragraph 54, The gradation adjustment marks 85 may be formed anywhere in the margin of the sheet 80 (the outside of the image portion 81a [the user is able to move the gradation adjustment marks 85 to the end section in the sub-scanning direction]).
Referring to claim 12, Sakatani discloses wherein the display control unit is configured to, in a case where the user input for instructing to change an arrangement of the pattern for adjustment is accepted, cause the display object to be displayed on the preview screen in accordance with the changed arrangement of the pattern for adjustment (paragraph 82, Further, the hardware processor 70 controls the display 14 to refresh the display screen in real time so that it simply shows the sheet 80 with the changed forming positions 145, 146 of the gradation adjustment marks 85).
Referring to claim 13, Sakatani wherein the pattern for adjustment is arranged at both ends in the main-scanning direction in a first arrangement (paragraph 53, As illustrated in FIG. 3, the gradation adjustment marks 85 are formed respectively for C, M, Y and K colors on one side of the sheet 80), and arranged at both ends in the sub-scanning direction in a second arrangement (paragraph 82, That is, the user who check the forming positions 145, 146 in the display screen 140 can press up-down right-left arrow buttons 141 to 144 through the operation device 13 so that the hardware processor 70 changes the forming positions 145, 146 of the gradation adjustment marks 85 according to the direction of the pressed button) (paragraph 54, The gradation adjustment marks 85 may be formed anywhere in the margin of the sheet 80 (the outside of the image portion 81a [the user is able to move the gradation adjustment marks 85 to the end section in the sub-scanning direction]).
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 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sakatani US Publication 2017/0041510 as applied to claims 1 and 11 above, and further in view of Mitani US Publication 2011/0216330 (hereafter “Mitani”).
Referring to claim 7, Sakatani discloses wherein
the image-forming unit is capable of forming an image on a sheet of a first size, and
the control unit is configured to
allow the user input to be accepted in a case where the image-forming unit has been set to form an image on a sheet of the first size (paragraph 82, That is, the user who check the forming positions 145, 146 in the display screen 140 can press up-down right-left arrow buttons 141 to 144 through the operation device 13 so that the hardware processor 70 changes the forming positions 145, 146 of the gradation adjustment marks 85 according to the direction of the pressed button).
Sakatani does not disclose expressly wherein the image-forming unit has multiple sheet sizes, and not allowing the user input to be accepted in a case where the image-forming unit has been set to form an image on a sheet of the second size.
Mitani discloses wherein
the image-forming unit is capable of forming an image on a sheet of a first size and a sheet of a second size smaller than the first size (paragraph 19, There is a plurality of the cassette trays 31, and sheets with different sizes are loaded on the corresponding cassette trays 31), and
the control unit is configured to
allow the user input to be accepted in a case where the image-forming unit has been set to form an image on a sheet of the first size
not allowing the user input to be accepted in a case where the image-forming unit has been set to form an image on a sheet of the second size (paragraph 44, In Act 103, the controller 73 determines whether the selected sheet corresponds to the first size or the second size. If the size of the sheet is the first size, that is, if the sheet has an aspect ratio of 1:1.41, Act 104 is performed, and if the sheet has an aspect ratio other than 1:1.41, Act 105 is performed).
Before the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to prohibit user input for a certain sheet size. The motivation for doing so would have been to make the user interface simpler and not include options that are not suitable for the chosen sheet size. Therefore, it would have been obvious to combine Mitani with Sakatani to obtain the invention as specified in claim 7.
Referring to claim 14, Sakatani discloses wherein
the image-forming unit is capable of forming an image on a sheet of a first size, and
the display control unit is configured to
allow the user input to be accepted in a case where the image-forming unit has been set to form an image on a sheet of the first size (paragraph 82, That is, the user who check the forming positions 145, 146 in the display screen 140 can press up-down right-left arrow buttons 141 to 144 through the operation device 13 so that the hardware processor 70 changes the forming positions 145, 146 of the gradation adjustment marks 85 according to the direction of the pressed button).
Sakatani does not disclose expressly wherein the image-forming unit has multiple sheet sizes, and not allowing the user input to be accepted in a case where the image-forming unit has been set to form an image on a sheet of the second size.
Mitani discloses wherein
the image-forming unit is capable of forming an image on a sheet of a first size and a sheet of a second size smaller than the first size (paragraph 19, There is a plurality of the cassette trays 31, and sheets with different sizes are loaded on the corresponding cassette trays 31), and
the display control unit is configured to
allow the user input to be accepted in a case where the image-forming unit has been set to form an image on a sheet of the first size
not allowing the user input to be accepted in a case where the image-forming unit has been set to form an image on a sheet of the second size (paragraph 44, In Act 103, the controller 73 determines whether the selected sheet corresponds to the first size or the second size. If the size of the sheet is the first size, that is, if the sheet has an aspect ratio of 1:1.41, Act 104 is performed, and if the sheet has an aspect ratio other than 1:1.41, Act 105 is performed).
Before the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to prohibit user input for a certain sheet size. The motivation for doing so would have been to make the user interface simpler and not include options that are not suitable for the chosen sheet size. Therefore, it would have been obvious to combine Mitani with Sakatani to obtain the invention as specified in claim 14.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER K HUNTSINGER whose telephone number is (571)272-7435. The examiner can normally be reached Monday - Friday 8:30 - 5:00.
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, Benny Q Tieu can be reached at 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER K HUNTSINGER/Primary Examiner, Art Unit 2682
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