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 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 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: “an image forming unit” (corresponding in the instant application to 7Y-7K), “a bonding unit”(corresponding in the instant application to 51), “a control unit” (corresponding in the instant application to 100) in claims 1-27, “a transfer unit” (corresponding in the instant application to 5), “a fixing device” (corresponding in the instant application to 6), “a heating member” (corresponding in the instant application to 6b), “a pressing member” (corresponding in the instant application to 6c), in claims 3-7, 11, 14-15, and 24-25, “a first temperature sensor” (corresponding in the instant application to the temperature sensor of the fixing device in paragraph [0043]) in claim 3, and “a second temperature sensor” (corresponding in the instant application to 60) 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-27 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.
As to claims 1, 14, 21, and 24, the limitation “using adhesive images” in lines 7 of each renders the claims unclear because the limitations lack antecedent basis in the claims. It is unclear if the recitation is intended to reference the adhesive image introduced in lines 2-3 of each of the claims. Based on the disclosure, it is believed that the adhesive images formed by powder adhesive are used to bond the sheets. A possible correction would read - - using the adhesive image - -. This is the interpretation that will be used in the following rejections.
Claims 2-13, 15-20, 22-23, and 25-27 depend from claims 1, 14, 21, and 24 and inherit these issues therefrom.
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 1-27 are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Matsue et al. (JP 2014151640 A).
As to claim 1, Matsue et al. teaches an image forming apparatus (figure 1) comprising:
an image forming unit (1) configured to form an image including an adhesive image by powder adhesive on a sheet that is conveyed (paragraphs [0009] and [0016]);
a bonding unit (50), to which sheets on which the image has been formed by the image forming unit are conveyed in order, configured to, by heating a plurality of sheets conveyed to and stacked in the bonding unit, bond the plurality of sheets, using adhesive images formed on the plurality of sheets (paragraph [0016]); and
a control unit (the portion of the structure responsible for the control of the heating in figure 4 and paragraphs [0019] and [0022]-[0023]) configured to evaluate a temperature of the plurality of sheets conveyed to the bonding unit and, based on the evaluated temperature, control an amount of heat to be applied to the plurality of sheets by the bonding unit heating the plurality of sheets (paragraphs [0022]-[0028]).
As to claim 2, Matsue teaches wherein the control unit decreases the amount of heat as the evaluated temperature increases (paragraphs [0022]-[0026]).
As to claim 3, Matsue et al. teaches wherein the image forming unit (1) includes:
a transfer unit (7) configured to transfer the image to the sheet (paragraph [0011]); and
a fixing device (20) including a heating member (21) configured to heat the sheet and a pressing member (22) configured to press the sheet, and configured to, by heating and pressing the sheet, perform fixing processing for fixing, to the sheet, the image transferred to the sheet (paragraph [0014]),
the image forming apparatus includes a first temperature sensor (64) configured to measure a temperature of the sheet after the fixing processing has been performed by the fixing device (paragraph [0028]), and
the control unit is configured to evaluate the temperature of the plurality of sheets based on a result of measurement by the first temperature sensor (paragraph [0028]).
As to claim 4, Matsue et al. teaches wherein the image forming unit includes:
a transfer unit (7) configured to transfer the image to the sheet (paragraph [0011]); and
a fixing device (20) including a heating member (21) configured to heat the sheet and a pressing member (22) configured to press the sheet, and configured to, by heating and pressing the sheet, perform fixing processing for fixing, to the sheet, the image transferred to the sheet (paragraph [0014]), and
the control unit is configured to evaluate the temperature of the plurality of sheets based on a temperature of the pressing member (paragraphs [0022]-[0028], where the temperature of the pressing member is considered to impact the temperature that the temperature sensor will detect).
As to claim 5, Matsue et al. teaches wherein the image forming unit includes:
a transfer unit (7) configured to transfer the image to the sheet (paragraph [0011]); and
a fixing device (20) including a heating member (21) configured to heat the sheet and a pressing member (22) configured to press the sheet, and configured to, by heating and pressing the sheet, perform fixing processing for fixing, to the sheet, the image transferred to the sheet (paragraph [0014]), and
the control unit is configured to evaluate the temperature of the plurality of sheets based on a duration in which the fixing device heats the heating member before starting the fixing processing on the plurality of sheets (paragraphs [0022]-[0028], where the longer the fixing device heats the heating member before starting the greater temperature it is considered the temperature sensor will detect).
As to claim 6, Matsue et al. teaches wherein the image forming unit includes:
a transfer unit (7) configured to transfer the image to the sheet (paragraph [0011]); and
a fixing device (20) including a heating member (21) configured to heat the sheet and a pressing member (22) configured to press the sheet, and configured to, by heating and pressing the sheet, fix, to the sheet, the image transferred to the sheet (paragraph [0014]), and
the control unit is configured to evaluate the temperature of the plurality of sheets based on a temperature of the heating member (paragraphs [0022]-[0028], where the temperature of the heating member is considered to impact the temperature that the temperature sensor will detect).
As to claim 7, Matsue et al. teaches wherein the image forming unit (1) includes:
a transfer unit (7) configured to transfer the image formed on an intermediate transfer body to the sheet ; and
a fixing device (20) including a heating member (21) configured to heat the sheet and a pressing member (22) configured to press the sheet, and configured to, by heating and pressing the sheet, fix, to the sheet, the image transferred to the sheet (paragraph [0014]),
the image forming apparatus (1) includes a conveyance path connecting the fixing device (20) and the bonding unit (50), and operates in either operation mode among a single-sided mode in which an image is formed only on one side of the sheet and a double-sided mode in which an image is formed on both sides of the sheet (see figure 1, where a re-feed path is shown connecting 20 back to 17, 18), and
the control unit is configured to evaluate the temperature of the plurality of sheets based on at least one among a temperature of the intermediate transfer body, a temperature of the transfer unit, a temperature of the conveyance path, and the operation mode (paragraphs [0022]-[0028] where each of these effect the temperature of the sheets gathered on the processing tray).
As to claim 8, Matsue et al. teaches further comprising:
a second temperature sensor (64) configured to measure an environmental temperature (figure 2),
wherein the control unit is configured to evaluate the temperature of the plurality of sheets based on the environmental temperature (paragraph [0028]).
As to claim 9, Matsue et al. teaches wherein the control unit is configured to evaluate the temperature of the plurality of sheets based on a conveyance speed of the sheet (paragraphs [0022]-[0028], where the temperature of the sheets based on the conveyance speed of the sheets is considered to impact the temperature that the temperature sensor will detect).
As to claim 10, Matsue et al. teaches wherein the control unit is configured to evaluate the temperature of the plurality of sheets further based on a temperature of the pressing member (paragraphs [0022]-[0028], where the temperature of the pressing member is considered to impact the temperature that the temperature sensor will detect).
As to claim 11, Matsue et al. teaches wherein the image forming unit (1) includes:
a transfer unit (7) configured to transfer the image to the sheet (paragraph [0011]); and
a fixing device (20) including a heating member (21) configured to heat the sheet and a pressing member (22) configured to press the sheet, and configured to, by heating and pressing the sheet, fix, to the sheet, the image transferred to the sheet (paragraph [0014]), and
the control unit is configured to evaluate the temperature of the plurality of sheets further based on a temperature of the pressing member (paragraphs [0022]-[0028], where the temperature of the pressing member is considered to impact the temperature that the temperature sensor will detect).
As to claim 12, Matsue et al. teaches wherein the control unit is configured to evaluate a temperature of a reference sheet among the plurality of sheets (paragraphs [0022]-[0028]).
As to claim 13, Matsue et al. teaches wherein the bonding unit includes a heater (72),
the control unit is configured to, when a predetermined number of sheets among a plurality of sheets constituting one booklet has been conveyed to and stacked in the bonding unit and when a last sheet among the plurality of sheets constituting the one booklet has been conveyed to and stacked in the bonding unit, perform bonding processing for bonding the plurality of sheets stacked in the bonding unit heating the plurality of sheets by the heater (paragraph [0027], where the last binding is performed), and
the reference sheet is a sheet positioned farthest from the heater among one or more sheets that are stacked in the bonding unit and have not been heated by the heater (figure 2, where the reference sheet is considered to be the last stacked).
As to claim 14, Matsue et al. teaches an image forming apparatus (figure 1) comprising:
an image forming unit (1) configured to form an image including an adhesive image by powder adhesive on a sheet that is conveyed (paragraphs [0009] and [0016]);
a bonding unit (50) to which sheets on which the image has been formed by the image forming unit are conveyed in order, and configured to, by heating a plurality of sheets conveyed to and stacked in the bonding unit, bond the plurality of sheets, using adhesive images formed on the plurality of sheets(paragraph [0016]); and
a control unit configured to control an amount of heat that the bonding unit applies to the plurality of sheets by heating the plurality of sheets (the portion of the structure responsible for the control of the heating in figure 4 and paragraphs [0019] and [0022]-[0023]),
wherein the control unit is configured to control the amount of heat to be applied to the plurality of sheets, based on a temperature of at least one member in which thermal conduction occurs with the sheet or an environmental temperature (paragraphs [0022]-[0028]).
As to claim 15, Matsue et al. teaches wherein the image forming unit (1) includes:
a transfer unit (7) configured to transfer the image formed on an intermediate transfer body (5) to the sheet (paragraph [0011]); and
a fixing device (20) including a heating member (21) configured to heat the sheet and a pressing member (22) configured to press the sheet, and configured to, by heating and pressing the sheet, perform fixing processing for fixing, to the sheet, the image transferred to the sheet, the image forming apparatus includes a conveyance path connecting the fixing device and the bonding unit (paragraph [0014]), and
the at least one member includes at least one among the heating member, the pressing member, the intermediate transfer body, the transfer unit, and the conveyance path (paragraphs [0022]-[0023] where each of these effect the temperature of the sheets gathered on the processing tray).
As to claim 16, Matsue et al. teaches wherein the control unit is configured to control the amount of heat to be applied to the plurality of sheets, based on a temperature of the at least one member for when a reference sheet among the plurality of sheets is in contact with the at least one member (paragraphs [0022]-[0028]).
As to claim 17, Matsue et al. teaches wherein the control unit is configured to control the amount of heat to be applied to the plurality of sheets, based on a temperature of the at least one member for when fixing processing on a reference sheet among the plurality of sheets is completed (paragraphs [0022]-[0028], where the temperature of the at least one member at the time of processing the sheet is considered to impact the temperature that the temperature sensor will detect).
As to claim 18, Matsue et al. teaches wherein the bonding unit (50) includes a heater (72),
the control unit is configured to, when a predetermined number of sheets among a plurality of sheets constituting one booklet has been conveyed to and stacked in the bonding unit and when a last sheet among the plurality of sheets constituting the one booklet has been conveyed to and stacked in the bonding unit, perform bonding processing for bonding the plurality of sheets stacked in the bonding unit by heating the plurality of sheets by the heater (paragraph [0027], where the last binding is performed), and
the reference sheet is a sheet positioned farthest from the heater among one or more sheets that are stacked in the bonding unit and have not been heated by the heater (figure 2, where the reference sheet is considered to be the last stacked).
As to claim 19, Matsue et al. teaches wherein the control unit is configured to decrease the amount of heat to be applied to the plurality of sheets as the temperature of the at least one member increases (paragraphs [0022]-[0028], where the increase of temperature of the at least one member is considered to at least in some part increase the temperature that the temperature sensor will detect under the broadest reasonable interpretation).
As to claim 20, Matsue et al. teaches wherein the control unit is configured to decrease the amount of heat to be applied to the plurality of sheets as the environmental temperature increases (paragraphs [0022]-[0028]).
As to claim 21, Matsue et al. teaches an image forming apparatus (figure 1) comprising:
an image forming unit (1) configured to form an image including an adhesive image by powder adhesive on a sheet that is conveyed (paragraphs [0009] and [0016]);
a bonding unit (50) to which sheets on which the image has been formed by the image forming unit are conveyed in order, and configured to, by heating a plurality of sheets conveyed to and stacked in the bonding unit, bond the plurality of sheets, using adhesive images formed on the plurality of sheets (paragraph [0016]); and
a control unit configured to control an amount of heat that the bonding unit applies to the plurality of sheets by heating the plurality of sheets (the portion of the structure responsible for the control of the heating in figure 4 and paragraphs [0019] and [0022]-[0023]),
wherein the control unit is configured to control the amount of heat to be applied to the plurality of sheets, based on a conveyance speed of the sheet or in which operation mode among a single-sided mode in which an image is formed only on one side of the sheet and a double-sided mode in which an image is formed on both sides of the sheet operation is being performed (paragraphs [0022]-[0028]).
As to claim 22, Matsue et al. teaches wherein the control unit is configured to decrease the amount of heat to be applied to the plurality of sheets as the conveyance speed increases (paragraphs [0022]-[0028], where it is considered that the greater the speed of the sheets the greater their temperature at the binding site and therefore the greater the heat measured by the temperature sensor).
As to claim 23, Matsue et al. teaches wherein the control unit is configured to, in a case where operation is being performed in the double-sided mode, decrease the amount of heat to be applied to the plurality of sheets than in a case where operation is being performed in the single-sided mode (paragraphs [0022]-[0028], where it is considered that double-sided mode processed sheets have greater temperature at the binding site and therefore the greater the heat measured by the temperature sensor).
As to claim 24, Matsue et al. teaches an image forming apparatus (figure 1) comprising:
an image forming unit (1) configured to form an image including an adhesive image by powder adhesive on a sheet that is conveyed (paragraphs [0009] and [0016]);
a bonding unit (50) to which sheets on which the image has been formed by the image forming unit are conveyed in order, and configured to, by heating a plurality of sheets conveyed to and stacked in the bonding unit, bond the plurality of sheets, using adhesive images formed on the plurality of sheets (paragraph [0016]); and
a control unit configured to control an amount of heat to be applied to the plurality of sheets by the bonding unit heating the plurality of sheets (the portion of the structure responsible for the control of the heating in figure 4 and paragraphs [0019] and [0022]-[0023]),
wherein the image forming unit (1) includes:
a transfer unit (7) configured to transfer the image to the sheet (paragraph [0011]); and
a fixing device (20) including a heating member (21) configured to heat the sheet and a pressing member (22) configured to press the sheet, and configured to, by heating and pressing the sheet, perform fixing processing for fixing, to the sheet, the image transferred to the sheet (paragraph [0014]), and
the control unit (the portion of the structure responsible for the control of the heating in figure 4 and paragraphs [0019] and [0022]-[0023]) is configured to control the amount of heat to be applied to the plurality of sheets based on a duration in which the fixing device heats the heating member before starting the fixing processing on the plurality of sheets (paragraphs [0022]-[0028]).
As to claim 25, Matsue et al. teaches wherein the control unit is configured to decrease the amount of heat to be applied to the plurality of sheets as the duration in which the fixing device heats the heating member before starting the fixing processing on the plurality of sheets increases (paragraphs [0022]-[0028], where the longer the fixing device heats the heating member before starting the greater temperature it is considered the temperature sensor will detect).
As to claim 26, Matsue et al. teaches wherein the control unit is configured to control the amount of heat to be applied to the plurality of sheets by controlling one or both among a heating duration in which the bonding unit heats the plurality of sheets and a heating temperature in the heating duration (paragraphs [0022]-[0028]).
As to claim 27, Matsue et al. teaches wherein the powder adhesive is toner also used for forming an image different from the adhesive image (paragraphs [0009] and [0016]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nihonyanagi et al. (US PGPub 20210034001 A1) and Watanabe et al. (US PGPub 20130051886 A1) teach systems with similarities to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER E S BAHLS whose telephone number is (571)270-7807. The examiner can normally be reached Monday-Friday, 9:00 am-3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER BAHLS/Primary Examiner, Art Unit 2853
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