Prosecution Insights
Last updated: October 16, 2026
Application No. 18/989,275

IMAGE READER, MULTI-FUNCTION PERIPHERAL, AND METHOD FOR PERFORMING IMAGE READING BY INTERRUPTION DURING ERROR NOTIFICATION

Non-Final OA §103
Filed
Dec 20, 2024
Priority
Feb 29, 2024 — JP 2024-029861
Examiner
MILIA, MARK R
Art Unit
2681
Tech Center
2600 — Communications
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
1y 6m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
359 granted / 609 resolved
-3.1% vs TC avg
Strong +22% interview lift
Without
With
+22.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
18 currently pending
Career history
632
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
61.5%
+21.5% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 609 resolved cases

Office Action

§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 § 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. Claims 1-7 and 10-15 are rejected under 35 U.S.C. 103(a) as being unpatentable over Morita (JP H11234443), reference will be made to the provided machine translation, in view of Okado (US 2016/0037012), cited in the IDS dated 12/20/24. Regarding claims 1 and 15, Morita discloses a method implementable on a processor of an image reader comprising a transparent plate and a reading unit and an image reader comprising: a transparent plate having a placement surface configured to support a read target object placed thereon (see page 5 paras 7-8, scanner unit 4 includes a CIS to read a document); a reading unit including a light source configured to emit light toward the transparent plate (see page 5 para 6, scanner unit 4 includes a CIS to read a document); and a controller configured to: perform image reading to cause the reading unit to read the read target object placed on the placement surface of the transparent plate (see page 5 para 12, scanner unit 4 reads an image placed on the scanner); and in response to receiving a start instruction to start the image reading during the error notification process, perform interrupt processing to interrupt the error notification process and start the image reading (see page 5 para 12-page 6 para 3 and page 8 paras 4-5, when an error is detected with the print unit 1 the scanner unit can continue to execute reading and store the image data in memory, the scanner can also to be used independently while the printer unit is in an error state). Morita does not disclose expressly in response to occurrence of an error, perform an error notification process to provide a notification that the error has occurred. Okado discloses a transparent plate having a placement surface configured to support a read target object placed thereon (see Fig. 4 and para 21); a reading unit including a light source configured to emit light toward the transparent plate (see paras 19-21 and 24, image reading unit 40 includes a light emitting section 41) in response to occurrence of an error, perform an error notification process to provide a notification that the error has occurred (see paras 28, 30, 34, 38-39, 42, and 50, error notification is performed by specific positioning of the reading unit 40 and emitting light near status information symbols). Regarding claim 13, Morita discloses a multi-function peripheral comprising: an image reader configured to read a read target object (see page 5 para 6, scanner unit 4 includes a CIS to read a document); a printer configured to print an image on a printing medium (see page 5 para 12, printer unit 1); and a controller, wherein the image reader comprises: a transparent plate having a placement surface configured to support the read target object placed thereon (see page 5 paras 7-8, scanner unit 4 includes a CIS to read a document); and a reading unit including a light source configured to emit light toward the transparent plate (see page 5 para 6, scanner unit 4 includes a CIS to read a document); and wherein the controller is configured to: perform interrupt processing to start a specific process that is executable regardless of the error in response to receiving a start instruction to start the specific process during the error notification process (see page 5 para 12-page 6 para 3 and page 8 paras 4-5, when an error is detected with the print unit 1 the scanner unit can continue to execute reading and store the image data in memory, the scanner can also to be used independently while the printer unit is in an error state). Morita does not disclose expressly perform an error notification process to cause the reading unit to perform an error notification operation in response to occurrence of an error that stops an operation of the multi-function peripheral. Okado discloses a transparent plate having a placement surface configured to support a read target object placed thereon (see Fig. 4 and para 21); a reading unit including a light source configured to emit light toward the transparent plate (see paras 19-21 and 24, image reading unit 40 includes a light emitting section 41) perform an error notification process to cause the reading unit to perform an error notification operation in response to occurrence of an error that stops an operation of the multi-function peripheral (see paras 28, 30, 34, 38-39, 42, and 50, error notification is performed by specific positioning of the reading unit 40 and emitting light near status information symbols). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the error notification, as described by Okado, with the system of Morita. The suggestion/motivation for doing so would have been to easily inform a user of the error status of the device without the need for a costly display unit. Therefore, it would have been obvious to combine Okado with Morita to obtain the invention as specified in claims 1, 13, and 15. Regarding claim 2, Okado further disclose wherein the controller is further configured to: in response to an error that prevents the image reading from being completed occurring during the image reading, perform, in the error notification process, stopping the image reading and causing the reading unit to perform an error notification operation (see paras 28, 30, 34, 38-39, and 50, error notification is performed by specific positioning of the reading unit 40 and emitting light near status information symbols). Regarding claim 3, Okado further discloses wherein the controller is further configured to: in the image reading, cause the reading unit to read the read target object while moving the reading unit in a first direction from a reading start position to a reading end position (see paras 30, 38, and 42, operation control section 102 controls the reading unit 40 to move to a position corresponding to a portion in which a symbol corresponding to a status information item and causes the light emitting section 41 to emit light). Regarding claim 4, Okado further discloses wherein the controller is further configured to: in the error notification process, cause the reading unit to perform, as the error notification operation, stopping the reading unit at an error notification position (see paras 28, 30, 34, 38-39, 42, and 50, error notification is performed by specific positioning of the reading unit 40 and emitting light near status information symbols, operation control section 102 controls the reading unit 40 to move to a position corresponding to a portion in which a symbol corresponding to a status information item and causes the light emitting section 41 to emit light). Regarding claim 5, Okado further discloses wherein the error notification position is settable to different positions depending on a type of the error that has occurred, and wherein the controller is further configured to: in the error notification process, cause the reading unit to perform, as the error notification operation, stopping the reading unit at a corresponding one of the different positions depending on a type of the error that has occurred (see paras 28, 30, 34, 38-39, 42, and 50, error notification is performed by specific positioning of the reading unit 40 and emitting light near status information symbols, operation control section 102 controls the reading unit 40 to move to a position corresponding to a portion in which a symbol corresponding to a status information item and causes the light emitting section 41 to emit light). Regarding claim 6, Okado further discloses wherein the controller is further configured to: stop the reading unit at a standby position that is spaced apart from the reading start position in a second direction opposite to the first direction, when the error notification process is not in progress and before the start instruction to start the image reading is received (see paras 28, 30, 34, 38-39, 42, and 50, operation control section 102 controls the reading unit 40 to move to a position corresponding to a portion in which a symbol corresponding to a status information item and causes the light emitting section 41 to emit light). Regarding claim 7, Okado further discloses wherein the controller is further configured to: in the interrupt processing, move the reading unit in the second direction from the error notification position to the reading start position, and start the image reading (see para 30, when the reading unit 40 is in an image reading mode the reading unit 40 moves in a sub scanning direction while controlling the light emitting section 41 to read image data). Regarding claim 10, Morita further discloses wherein the controller is further configured to: after completion of the image reading started by the interrupt processing, determine whether an error state due to the error has been resolved (see page 6 para 3 and page 7 paras 1-6, determination is made as to whether the error state has been resolved or not); and resume the error notification process in response to determining that the error state has not been resolved (see page 7 paras 1-6, the error state is continued if the issue has not been resolved). Regarding claim 11, Morita further discloses wherein the controller is further configured to: perform the interrupt processing when the image reading for which the start instruction has been received is executable to completion regardless of the error (see page 5 para 12, page 6 paras 1-3, and page 7 paras 1-6, when an error is detected with the print unit 1 the scanner unit can continue to execute reading and store the image data in memory, the scanner can also to be used independently while the printer unit is in an error state). Regarding claim 12, Morita further discloses wherein the controller is further configured to: accept a setting as to whether to perform the interrupt processing; and when a setting to not perform the interrupt processing has been accepted, continue without interrupting the error notification process even if the start instruction to start the image reading is received during the error notification process (see page 5 para 12, page 6 paras 1-3, and page 7 paras 1-6, when an error is detected with the print unit 1 the scanner unit can continue to execute reading and store the image data in memory, the scanner can also to be used independently while the printer unit is in an error state). Regarding claim 14, Morita further discloses wherein the controller is further configured to: perform the interrupt processing, when the operation that is stopped due to the error is an operation by one of the image reader and the printer, and the specific process that is executable regardless of the error is a process using the other of the image reader and the printer (see page 5 para 12, page 6 paras 1-3, and page 7 paras 1-6, when an error is detected with the print unit 1 the scanner unit can continue to execute reading and store the image data in memory, the scanner can also to be used independently while the printer unit is in an error state). Allowable Subject Matter Claims 8 and 9 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK R MILIA whose telephone number is (571)272-7408. The examiner can normally be reached Monday-Friday, 8am-5pm. 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, Akwasi Sarpong can be reached at 571-270-3438. 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. /MARK R MILIA/Primary Examiner, Art Unit 2681
Read full office action

Prosecution Timeline

Dec 20, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
59%
Grant Probability
81%
With Interview (+22.2%)
3y 4m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 609 resolved cases by this examiner. Grant probability derived from career allowance rate.

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