The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
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 use the word “means”, “step”, or a generic placeholder but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “cleaning device” in Claims 1-14 and “image bearing member” in Claims 1 and 9.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
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 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.
Claims 1-6, 8-12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitan US 2022/0082986 (hereafter Kitan).
Regarding Claim 1, Kitan anticipates:
1. (Original) A cleaning device comprising:
a blade (cleaning blade 1, 201) in contact with a surface of an image bearing member (photosensitive drum 101, Figure 3) along a longitudinal direction (into and out of page) and configured to remove toner from the surface of the image bearing member in a contacting portion (edge portion E) to the image bearing member (Paragraph [0079]);
a support plate (supporting plate 3) configured to support the blade (Figures 3 and 8);
a reinforcing plate (swing plate 4) fixed to the support plate (Figures 3 and 8);
wherein the support plate is provided with a first flat portion (surface portion labeled in attached Figure 8 below) disposed along the longitudinal direction and including a fixing portion (portion of first flat portion 31 labeled in attached Figure 8 below) to which the blade is fixed, a first one end portion (labeled in attached Figure 8 below) of the first flat portion on a side (upper side shown in attached Figure 8 below) close to the contacting portion (shown in attached Figure 8 below) with respect to a short side direction of the blade (labeled in attached Figure 8 below), and a first the other end portion of the first flat portion (labeled in attached Figure 8 below) on a side (lower side shown in attached Figure 8 below) far from the contacting portion (shown in attached Figure 8 below);
wherein the reinforcing plate is provided with a second flat portion (labeled in attached Figure 8 below) disposed along the longitudinal direction so as to be along the first flat portion (shown in attached Figure 8 below), a second one end portion (labeled in attached Figure 8 below) of the second flat portion on a side (upper side shown in attached Figure 8 below) close to the contacting portion with respect to the short side direction of the blade (shown in attached Figure 8 below), and a second the other end portion (labeled in attached Figure 8 below) of the second flat portion on a side (lower side shown in attached Figure 8 below) far from the contacting portion (shown in attached Figure 8 below); and
wherein as viewed in the longitudinal direction, the second one end portion is provided with a first projecting portion (flat surface projects to form plate thickness as shown in attached Figure 8 below) projecting from the second flat portion in a first direction (labeled in attached Figure 8 below) crossing the short side direction of the blade (shown in attached Figure 8 below) and the second the other end portion is provided with a second projecting portion (labeled portion projects to form L-shape as shown in attached Figure 8 below) projecting from the second flat portion in a second direction (labeled in attached Figure 8 below) opposite to the first direction (shown in attached Figure 8 below).
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Regarding Claim 2, Kitan anticipates:
2. (Original) The cleaning device according to Claim 1, wherein the first projecting portion (flat surface projects to form thickness as shown in attached Figure 8 above) is positioned at a side (upper side shown in attached Figure 8 above) closer to the contacting portion (labeled in attached Figure 8 above) than a center position (labeled in attached Figure 8 above) of the support plate (supporting plate 3) with respect to the short side direction (labeled in attached Figure 8 above) of the blade (cleaning blade 1, 201).
Regarding Claim 3, Kitan anticipates:
3. (Original) The cleaning device according to Claim 1, further comprising a container (housing 5 (case (casing), framework (frame), cleaning container)) provided with a support plate fixing portion (portion that accommodates the plurality of screws 20 shown in Figures 3 and 7) to which the first flat portion (labeled in attached Figure 8 above) is fixed.
Regarding Claim 4, Kitan anticipates:
4. (Original) The cleaning device according to Claim 3, wherein the first projecting portion (flat surface projects to form plate thickness as shown in attached Figure 8 above) is positioned at a side (upper side shown in attached Figure 8 above) closer to the contacting portion (labeled in attached Figure 8 above) than the support plate fixing portion (portion that accommodates the plurality of screws 20 shown in Figures 3 and 7) with respect to the short side direction (labeled in attached Figure 8 above) of the blade (cleaning blade 1, 201)(Note: boundary of first projecting portion - flat surface projects to form plate thickness as shown in attached Figure 8 above – can be arbitrarily located to meet this limitation).
Regarding Claim 5, Kitan anticipates:
5. (Original) The cleaning device according to Claim 1, wherein the first the other end portion (labeled in attached Figure 8 above) of the support plate (supporting plate 3) includes a support plate projecting portion (labeled in attached Figure 8 above) provided so as to project (shown in attached Figure 8 above) from the first flat portion (labeled in attached Figure 8 above).
Regarding Claim 6, Kitan anticipates:
6. (Original) The cleaning device according to Claim 1, wherein the reinforcing plate (swing plate 4) is fixed to the support plate (supporting plate 3) so that the second flat portion (labeled in attached Figure 8 above) is in contact with the first flat portion (labeled in attached Figure 8 above)(shown in Figure 8 – assembled state).
Regarding Claim 8, Kitan anticipates:
8. (Original) The cleaning device according to Claim 1, wherein the first projecting portion (flat surface projects to form plate thickness as shown in attached Figure 8 below) and the second projecting portion (labeled portion projects to form L-shape as shown in attached Figure 8 below) are formed by bending (product by process – not limited by bending process as interpreted IAW MPEP 2113, however, swing plate 4 is formed by bending, Paragraph [0047]) the reinforcing plate (swing plate 4).
Regarding Claim 9, Kitan anticipates:
9. (Currently Amended) A cleaning device comprising:
a blade (cleaning blade 1, 201) in contact with a surface of an image bearing member (photosensitive drum 101, Figure 3) along a longitudinal direction (into and out of page) and configured to remove toner from the surface of the image bearing member in a contacting portion (edge portion E) to the image bearing member (Paragraph [0079]);
a support plate (supporting plate 3) configured to support the blade (Figures 3 and 8);
a reinforcing plate (swing plate 4) fixed to the support plate (Figures 3 and 8);
wherein the support plate is provided with a first flat portion (surface portion labeled in attached Figure 8 below) disposed along the longitudinal direction and including a fixing portion (portion of first flat portion 31 labeled in attached Figure 8 below) to which the blade is fixed, a first one end portion (labeled in attached Figure 8 below) of the first flat portion on a side (upper side shown in attached Figure 8 below) close to the contacting portion (labeled in attached Figure 8 below) with respect to a short side direction of the blade (labeled in attached Figure 8 below), and a first the other end portion (labeled in attached Figure 8 below) of the first flat portion on a side (lower side shown in attached Figure 8 below) far from the contacting portion;
a container (housing 5 (case (casing), framework (frame), cleaning container)) provided with a support plate fixing portion (portion that accommodates the plurality of screws 20 shown in Figures 3 and 7) to which the first flat portion of the support plate is fixed;
wherein the reinforcing plate is provided with a second flat portion (labeled in attached Figure 8 below) disposed along the longitudinal direction so as to be along the first flat portion (shown in attached Figure 8 below), a second one end portion (labeled in attached Figure 8 below) of the second flat portion on a side (upper side shown in attached Figure 8 below) close to the contacting portion with respect to the short side direction of the blade (shown in attached Figure 8 below), and a second the other end portion (labeled in attached Figure 8 below) of the second flat portion on a side far (lower side shown in attached Figure 8 below) from the contacting portion; and
wherein as viewed in the longitudinal direction, the second one end portion is provided with a [[first]] projecting portion (flat surface projects to form plate thickness as shown in attached Figure 8 below) projecting from the second flat portion in a first direction (labeled in attached Figure 8 below) crossing the short side direction of the blade (shown in attached Figure 8 below) and the first the other end portion is provided with a support plate projecting portion (labeled portion projects to form L-shape as shown in attached Figure 8 below) projecting from the first flat portion in a second direction (labeled in attached Figure 8 below) opposite to the first direction (shown in attached Figure 8 below).
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Regarding Claim 10, Kitan anticipates:
10. (Currently Amended) The cleaning device according to Claim 9, wherein the [[first]] projecting portion (flat surface projects to form thickness as shown in attached Figure 8 above) is positioned at a side (upper side shown in attached Figure 8 above) closer to the contacting portion (labeled in attached Figure 8 above) than a center position (labeled in attached Figure 8 above) of the support plate with respect to the short side direction (labeled in attached Figure 8 above) of the blade.
Regarding Claim 11, Kitan anticipates:
11. (Currently Amended) The cleaning device according to Claim 9, wherein the [[first]] projecting portion (flat surface projects to form thickness as shown in attached Figure 8 above) is positioned at a side closer (upper side shown in attached Figure 8 above) to the contacting portion (labeled in attached Figure 8 above) than the support plate fixing portion (portion that accommodates the plurality of screws 20 shown in Figures 3 and 7) with respect to the short side direction (labeled in attached Figure 8 above) of the blade (cleaning blade 1, 201).
Regarding Claim 12, Kitan anticipates:
12. (Original) The cleaning device according to Claim 9, wherein the reinforcing plate (swing plate 4) is fixed to the support plate (supporting plate 3) so that the second flat portion (labeled in attached Figure 8 above) is in contact with the first flat portion (labeled in attached Figure 8 above)(shown in Figure 8 – assembled state).
Regarding Claim 14, Kitan anticipates:
14. (Currently Amended) The cleaning device according to The cleaning device according to wherein the [[first]] projecting portion (flat surface projects to form plate thickness as shown in attached Figure 8 below) is formed by bending (product by process – not limited by bending process as interpreted IAW MPEP 2113, however, swing plate 4 is formed by bending, Paragraph [0047]) the reinforcing plate (swing plate 4) and the support plate projecting portion (labeled portion projects to form L-shape as shown in attached Figure 8 below) is formed by bending (product by process – not limited by bending process as interpreted IAW MPEP 2113, however, supporting plate 3 is formed by bending, Paragraph [0046]) the support plate (supporting plate 3).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 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.
Claims 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kitan US 2022/0082986 (hereafter Kitan) in view of design choice.
Regarding Claim 7, Kitan teaches:
7. (Original) The cleaning device according to Claim 1, wherein the support plate (supporting plate 3) and the reinforcing plate (swing plate 4) are formed of a same material (see discussion below).
Kitan discloses in Paragraph [0046] and [0047] that the supporting plate 3 and swing plate 4 are both formed by bending a metal plate. As shown in Figure 8, both plates appear to be similar in size and thickness. Kitan does not disclose the exact “metal” material, therefore, Kitan does not specifically disclose that both plates are formed from the same material, such as steel, aluminum, etc. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to form the two adjacent parts out of the same material with the motivation to prevent galvanic corrosion between dissimilar materials, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Regarding Claim 13, Kitan teaches:
13. (Original) The cleaning device according to Claim 9, wherein the support plate (supporting plate 3) and the reinforcing plate (swing plate 4) are formed of a same material (see discussion below).
Kitan discloses in Paragraph [0046] and [0047] that the supporting plate 3 and swing plate 4 are both formed by bending a metal plate. As shown in Figure 8, both plates appear to be similar in size and thickness. Kitan does not disclose the exact “metal” material, therefore, Kitan does not specifically disclose that both plates are formed from the same material, such as steel, aluminum, etc. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to form the two adjacent parts out of the same material with the motivation to prevent galvanic corrosion between dissimilar materials, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in form PTO-892 Notice of References Cited. Specifically, the prior art references include pertinent disclosures of blade cleaning devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC CARLSON whose telephone number is (571)272-9963. The examiner can normally be reached Monday-Thursday 6:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN KELLER can be reached on (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC CARLSON/Primary Examiner, Art Unit 3723
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