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 Construction
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 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 limitation(s) uses 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 limitation(s) is/are:
“image forming portion” in claims 1-8;
“first discharging portion” in claims 1-8;
“second discharging portion” in claims 1-8;
“first switching portion” in claims 1-8;
“second switching portion” in claims 7-8;
“second switching portion” in claims 7-8; and,
“third switching portion” in claim 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 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 avoid it/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 limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji, U.S.P.G. Pub. No. 2018/0179012, in view of Yokota et al., U.S. Pat. No. 6,331,003.
Regarding independent claim 1, Tsuji et al. teach an image forming system comprising:
an image forming apparatus including an image forming portion (the portion including transfer roller 115) configured to form an image on a sheet; and
a discharging apparatus (200) detachably attached to a top portion of the image forming apparatus (figs 2),
wherein the image forming apparatus includes a first discharging portion (124) configured to discharge the sheet, and
a first conveyance path (the path from 115 to 119), the sheet being configured to be conveyed from the image forming portion to the first discharging portion through the first conveyance path in the image forming apparatus,
wherein the discharging apparatus includes
a second discharging portion (212) configured to discharge the sheet,
a second conveyance path (the path from 115 through 119 to 128 and on to 212) connected to the first conveyance path in a state where the discharging apparatus is attached to the image forming apparatus (fig 1), the sheet being configured to be conveyed from the first conveyance path to the second discharging portion through the second conveyance path (fig 2), and
wherein the image forming apparatus includes
a first switching portion (216) configured to be switched between a first position and a second position, the first position being a position at which the first switching portion guides the sheet, conveyed from the image forming portion, toward the first discharging portion through the first conveyance path, the second position being a position at which the first switching portion guides the sheet, conveyed from the image forming portion, toward the second discharging portion through the second conveyance path (fig 1), and
wherein the image forming apparatus further includes
a third conveyance path (the path from 115 through 119 on to 128 in 209, up to the end of the image forming apparatus) branched from the first conveyance path at a position upstream of (fig 1) a first connection position (the position of 120) in a sheet conveyance direction, the first connection position being a position at which the second conveyance path is connected to the first conveyance path (the first and second conveyance paths branch at 120, and are thus connected there), the sheet being conveyed in the third conveyance path,
a reversing roller pair (121) configured to reverse a conveyance direction of the sheet conveyed in a first direction through the third conveyance path to a second direction opposite to the first direction, and convey the sheet in the second direction, and
a fourth conveyance path (126 back to 115 from 121) connected to the third conveyance path at a second connection position upstream of the reversing roller pair in the first direction, the sheet which has been conveyed through the third conveyance path in the second direction being configured to be reconveyed to the image forming portion through the fourth conveyance path.
The difference between the claims and Tsuji is that the image forming apparatus rather than the discharging apparatus contains the first switching portion. As such, the only difference between the claims and Tsuji is rearranging parts such that the first switching portion is contained in the discharging apparatus rather than the image forming apparatus.
Yokoto et al. teach an image forming apparatus with a first discharging portion 16, as well as an optional sorting unit 28 as a discharging apparatus. The discharging apparatus, rather than the image forming apparatus, contains the first switching portion. By providing the first switching portion to the discharging apparatus, Yokoto et al. provides all parts for determining the sheet direction in the optional unit, thus simplifying the image forming apparatus and preventing wasteful cost increases to the image forming apparatus, col 8 ll 24-28.
It would have been obvious to one having ordinary skill at the time of effective filing to provide the first switching portion in the discharging apparatus rather than the image forming apparatus. One having ordinary skill in the art at the time of effective filing would have done so to provide all parts for determining the sheet direction in the optional unit, thus simplifying the image forming apparatus and preventing wasteful cost increases to the image forming apparatus.
Tsuji et al. further teach:
Regarding claim 2, which depends from claim 1, wherein the discharging apparatus includes an attaching portion (the “portion” including latches 222 and 223),
wherein the image forming apparatus includes an attached portion (the “portion” including the latch receiving portions 227 and 228) to which the attaching portion is attached for attaching the discharging apparatus to the image forming apparatus,
wherein the attaching portion includes an attaching surface (the bottom surface of the discharging apparatus from which the latches project) and a projection portion (the flange around the bottom of the discharging portion; additionally and alternatively, the portions of the latches that project from the attaching surface) projecting downward from the attaching surface (whenever oriented so they points downwards, as in the orientation of it normal operation in figs 2),
wherein the attached portion includes an attached surface (the top surface of the image forming apparatus) configured to support the attaching surface in a state where the attaching portion is attached to the attached portion (fig 1), and
a recess portion (figs 2 the recess in the attached portion of the image forming apparatus that accommodates the flange of the attaching portion of the discharging apparatus; additionally and alternatively, the latch receiving portions 227 and 228) which is recessed downward from the attached surface, and the projection portion being configured to be engaged with the recess portion, and
wherein the first switching portion is provided at a lower end portion of the projection portion (fig 1, showing the first switching portion is closer to the lower end portion of the discharging apparatus, where the projection portions are, rather than being closer to its top end).
Regarding claim 3, which depends from claim 1, wherein the image forming apparatus includes a first guide member configured to form the first conveyance path with the first switching portion positioned at the first position (the guide around that path at that location), and
wherein the discharging apparatus includes a second guide member (the guide around that path at that location) configured to form the second conveyance path with the first switching portion positioned at the second position.
Regarding claim 4, which depends from claim 1, wherein the discharging apparatus includes a fifth conveyance path (the continuation of the path 128 in 209 in the discharging apparatus) connected to the third conveyance path in the state where the discharging apparatus is attached to the image forming apparatus, and wherein in the state where the discharging apparatus is attached to the image forming apparatus, the third conveyance path and the fifth conveyance path form a retraction path, a trailing edge of the sheet that has been conveyed through the retraction path in the first direction being configured to be retracted downstream of the second connection position in the first direction (¶ 20-22, describing the motion of the sheet during a reversing operation for duplexing).
Regarding claim 5, which depends from claim 1, wherein the first discharging portion includes a first discharging roller pair (123).
Regarding claim 6, which depends from claim 1, wherein the second discharging portion includes a second discharging roller pair (2160).
Regarding claim 7, which depends from claim 6, wherein the second discharging portion further includes a third discharging roller pair (2150, when the second discharging portion is enlarged to include all of 212, 211, and 210), and
wherein the discharging apparatus includes a sixth conveyance path (the path from 216 to 211) connected to the second conveyance path at a third connection position (the position of 216), the sheet configured to be conveyed from the third connection position to the third discharging roller pair through the sixth conveyance path (fig 1), and
a second switching portion (215) configured to be switched between a third position and a fourth position, the third position being a position at which the second switching portion guides the sheet, conveyed from the image forming portion, toward the second discharging roller pair through the second conveyance path, the fourth position being a position at which the second switching portion guides the sheet, conveyed from the image forming portion, toward the third discharging roller pair through the sixth conveyance path (fig 1).
Regarding claim 8, which depends from claim 7, wherein the second discharging portion further includes a fourth discharging roller pair (2140, when the second discharging portion is enlarged to include all of 212, 211, and 210), and
wherein the discharging apparatus includes a seventh conveyance path (the path from 215 to 210) connected to the sixth conveyance path at a fourth connection position (the position of 215), the sheet configured to be conveyed from the fourth connection position to the fourth discharging roller pair through the seventh conveyance path (fig 1), and
a third switching portion (214) configured to be switched between a fifth position and a sixth position, the fifth position being a position at which the third switching portion guides the sheet, conveyed from the image forming portion, toward the third discharging roller pair through the sixth conveyance path, the sixth position being a position at which the third switching portion guides the sheet, conveyed from the image forming portion, toward the fourth discharging roller pair through the seventh conveyance path (fig 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEVAN A AYDIN whose telephone number is (571)270-3209. The examiner can normally be reached M-Th 9AM-6PM PT.
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, Walter Lindsay can be reached at (571) 272-1674. 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.
/SEVAN A AYDIN/Primary Examiner, Art Unit 2852
Prosecution Insights