Prosecution Insights
Last updated: October 02, 2026
Application No. 19/010,854

IMAGE READING DEVICE AND IMAGE FORMING APPARATUS THEREWITH

Non-Final OA §103
Filed
Jan 06, 2025
Priority
Jan 12, 2024 — JP 2024-003108
Examiner
CHEN, HUO LONG
Art Unit
Tech Center
Assignee
Kyocera Document Solutions Inc.
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
1y 7m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
327 granted / 609 resolved
-6.3% vs TC avg
Strong +30% interview lift
Without
With
+30.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
23 currently pending
Career history
638
Total Applications
across all art units

Statute-Specific Performance

§101
9.1%
-30.9% vs TC avg
§103
68.7%
+28.7% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
7.2%
-32.8% 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 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. 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 automatic document feeder” in claim 1, “a first reading module” in claim 1, and “a second reading module” in claim 1. 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. “an automatic document feeder” in claim 1 is reader as the item 27 shown in Fig.1, “a first reading module” in claim 1 as the item 50 shown in Fig.1, and “a second reading module” in claim 1 as the item 51 shown in Fig.1. 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 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, 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Okawa’578 (US 2018/0234578), and further in view of Ito’123 (JP 2003-219123). With respect to claim 1, Okawa’578 teaches an image reading device (Fig.1) comprising: a contact glass (Fig.1, item 101) on which a document is placed (paragraph 42); an automatic document feeder provided on a top face of the contact glass so as to be openable and closable with respect thereto, the automatic document feeder conveying the document to an automatic reading position on the contact glass (Fig.2); a first reading module (Fig.2, item 104) disposed below the contact glass so as to be reciprocable in a sub-scanning direction, the first reading module being operable to read an image on a frontside of a stationary document placed on the contact glass and a conveyed document conveyed to the automatic reading position by the automatic document feeder (Fig.2 and paragraph 46); a second reading module (Fig.2, item 212) disposed in the automatic document feeder, the second reading module being operable to read an image on a back side of the conveyed document (paragraph 47); a first white reference member (Fig.2, item 208) disposed opposite the first reading module at a position different from the automatic reading position (paragraph 95); a second white reference member (Fig.2, item 103) disposed opposite the second reading module (Fig.2, item 212); a control portion (Fig.3, item 301) that controls the first and second reading modules [As shown in Fig.3, the reader CPU 301 controls the front side CIS unit 104 and the back side CIS unit 212], wherein the first reading module (Fig.2, item 104) includes: a first light source [As shown in Fig.2, item 104 is inherent disclosed with a light source for scanning the front side a document (paragraph 95)]; and a first sensor that reads, as image light, reflected light of light shone from the first light source to the conveyed document [As shown in Fig.2, item 104 is inherent disclosed with a sensor that reads, as image light, reflected light of light shone from the first light source to the conveyed document to generate a scanned image associated with a front side of a document], the second reading module includes: a second light source [As shown in Fig.2, item 212 is inherent disclosed with a light source for scanning the back side a document]; and a second sensor that reads, as image light, reflected light of light shone from the second light source to the conveyed document [As shown in Fig.2, item 212 is inherent disclosed with a sensor that reads, as image light, reflected light of light shone from the first light source to the conveyed document to generate a scanned image associated with a back side of a document], Okawa’578 does not teach when the control portion performs, as a conveying reading process for reading an image on the conveyed document, a duplex reading process whereby the images on the front and back sides of the conveyed document are read simultaneously, after the duplex reading process is requested the control portion performs offset adjustment, gain adjustment, and acquisition of back-side black reference data and back-side white reference data for the second reading module. Ito’123 teaches when the control portion performs, as a conveying reading process for reading an image on the conveyed document, a duplex reading process whereby the images on the front and back sides of the conveyed document are read simultaneously (abstract), after the duplex reading process is requested the control portion performs offset adjustment, gain adjustment, and acquisition of back-side black reference data and back-side white reference data for the second reading module [First control means for controlling the operation of the reading means, second control means for controlling the operation of the second reading means, and a first white color for performing shading correction of the first reading means. A reference plate, a second white reference plate for performing the shading correction of the second reading unit, and a second white reference plate for performing the shading correction of the first reading unit, and the first white reference plate (page 3 and Fig.3)]. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Okawa’578 according to the teaching of Ito’123 enable the front side CIS unit (Fig.2, item 104 in Okawa’578) and the back side CIS unit (Fig.2, item 212 in Okawa’578) to reading the front side and the back side of a document simultaneously when the said document is being instructed to perform double side scanning because this will allow both side of the document to be scanned to generate scanned images more effectively. With respect to claim 2, which further limits claim 1, Okawa’578 does not teach wherein at power-on of the image reading device, the control portion performs the offset adjustment and the gain adjustment for the first reading module and, after the conveying reading process is requested, the control portion performs the acquisition of front-side black reference data and front-side white reference data. Ito’123 teaches wherein at power-on of the image reading device, the control portion performs the offset adjustment and the gain adjustment for the first reading module and, after the conveying reading process is requested, the control portion performs the acquisition of front-side black reference data and front-side white reference data (Fig.3) Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Okawa’578 according to the teaching of Ito’123 to perform shading correction for both the front side CIS unit (Fig.2, item 104 in Okawa’578) and the back side CIS unit (Fig.2, item 212 in Okawa’578) when a MFP is being turned on because this will allow both side of the document to be scanned to generate scanned images more effectively. With respect to claim 6, which further limits claim 1 Okawa’578 teaches an image forming apparatus (Fig.17) comprising the image reading device according to claim 1. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Okawa’578 (US 2018/0234578), Ito’123 (JP 2003-219123) and further in view of Kii’501 (US 2016/0119501). With respect to claim 4, which further limits claim1, the combination of Okawa’578 and Ito’123 does not teach wherein when the conveying reading process is requested, the control portion, while acquiring the front-side white reference data, moves the first reading module to the automatic-reading position and, before completing moving the first reading module to the automatic-reading position, the control portion starts to convey the conveyed document. Kii’501 teaches wherein when the conveying reading process is requested, the control portion, while acquiring the front-side white reference data, moves the first reading module to the automatic-reading position and, before completing moving the first reading module to the automatic-reading position, the control portion starts to convey the conveyed document (Fig.12, step S53-S58). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Okawa’578 and Ito’123 according to the teaching of Kii’501 to move the front side CIS unit (Fig.2, item 104 in Okawa’578) (the first reading module) to reading position in the ADF mode for reading the front side of a document because this will allow the front side of a document to be scanned more effectively. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Okawa’578 (US 2018/0234578), Ito’123 (JP 2003-219123) and further in view of Suzuki’362 (US 2010/0020362). With respect to claim 5, which further limits claim 1, the combination of Okawa’578 and Ito’123 does not teach wherein the image reading device does not have a mechanism that senses whether the automatic document feeder is in a closed state in which the automatic document feeder is in contact with the contact glass or in an open state in which the automatic document feeder stays away from the contact glass. Suzuki’362 teach wherein the image reading device does not have a mechanism that senses whether the automatic document feeder is in a closed state in which the automatic document feeder is in contact with the contact glass or in an open state in which the automatic document feeder stays away from the contact glass [The open-close sensor 29 is employed for determining whether the ADF 22 covers the FB glass 24 (paragraph 39). The sensor 29 not considered as the mechanism since the sensor 29 is the specific electrical component within that system that detects the change in state of the ADF including opening and closing]. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Okawa’578 and Ito’123 according to the teaching of Suzuki’362 to using the open-close sensor to detect if the ADF is in the opening state or closing state because this will allow the ADF to be used for scanning a document more effectively. Claim objection Claim 3 is objected to as being dependent upon a rejected base claim 1 because the prior art of record does not teach “wherein when the duplex reading process is requested, the control portion, with the first light source in the first reading module extinguished, acquires the front-side black reference data, and after completion of the offset adjustment, the gain adjustment, and the acquisition of the back-side black reference data and the back-side white reference data for the second reading module, the control portion, with the first light source in the first reading module lit, acquires the front-side white reference data” Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUO LONG CHEN whose telephone number is (571)270-3759. The examiner can normally be reached on M-F 9am - 5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tieu, Benny can be reached on (571) 272-7490. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HUO LONG CHEN/Primary Examiner, Art Unit 2682
Read full office action

Prosecution Timeline

Jan 06, 2025
Application Filed
Sep 10, 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
54%
Grant Probability
84%
With Interview (+30.3%)
3y 4m (~1y 7m 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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