DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-16 are currently pending.
Claims 6-9 are withdrawn from further consideration.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Election/Restrictions
Applicant's election with traverse of Species I in the reply filed on 9/23/26 is acknowledged. The traversal is on the grounds that there is no serious burden in examining claims 6-9. This is not found persuasive because due to their mutually exclusive characteristics, the species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search queries); and/or the prior art applicable to one species would not likely be applicable to another species; and/or the species are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.
The requirement is still deemed proper and is therefore made FINAL.
Claims 6-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/23/26.
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.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
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 limitations use 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 limitations are:
a measurer of claim 14.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The corresponding structure described in the specification as performing the claimed function, and equivalents thereof of the claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is a medium sensing sensor (See Applicant's Specification at paragraph 58).
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 1-5 and 10-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamiya et al. US Publication 2022/0283532 (hereafter “Kamiya”).
Referring to claims 1, 15 and 16, Kamiya discloses an image forming apparatus (paragraph 67, the image forming device 1 as illustrated in FIG. 1) comprising:
a hardware processor (paragraph 86, The controller 100 monitors and controls operation of the image forming device 1);
a supplier that supplies a sheet (paragraph 72, A stack of sheets is housed in a sheet feed tray (or a sheet storage) 135 of a sheet feeder 119. From these sheet stacks, sheets can be conveyed in order from a topmost sheet in a stack towards the secondary transfer nip at the same timing as toner images are conveyed to the secondary transfer nip);
an image former (paragraph 67, As illustrated in FIG. 1, the image forming device 1 according to at least one embodiment is a tandem type of color printer and includes imaging units 111Y, 111M, 111C, and 111K that form yellow (Y), magenta (M), cyan (C), and black (K) color toner images, respectively); and
a sensor that senses at least one of an operation of opening and/or closing a paper cassette containing the sheet by a user operation (paragraph 182, the image forming device 1 includes an open/closed sensor (not illustrated) for detecting opening/closing of the sheet feed tray 135),
wherein,
the hardware processor discriminates a sheet type supplied by the supplier (paragraph 73, A controller 100 estimates sheet type with reference to the output signal of the media detection sensor 120),
the hardware processor accepts specifying of the sheet type by a user (paragraph 87, The image forming device 1 includes an operation panel 410, and a user of the image forming device 1 can operate the operation panel 410 such that the controller receives instructions (or user inputs) to specify sheet type or switch sheet type setting mode),
an image is formed in any mode between an automatic sensing mode in which the image former forms the image on the supplied sheet by the sheet type discriminated by the hardware processor, and a type specifying mode in which the image former forms the image on the supplied sheet based on the sheet type accepted by the hardware processor (paragraph 89, The image forming device 1 has two setting modes for sheet type setting operation. One is a user specified mode in which a user of the image forming device 1 specifies sheet type by a user input/operation via the operation panel 410, and the other is an automatic discrimination mode in which the image forming device 1 discriminates sheet type without any user operation),
the hardware processor judges and sets in which mode the image is formed by the image former, the hardware processor judges whether to switch the set mode,
in a case in which it is judged that the mode is switched, the hardware processor automatically switches the mode when the image former forms the image (paragraph 87, The image forming device 1 includes an operation panel 410, and a user of the image forming device 1 can operate the operation panel 410 such that the controller receives instructions (or user inputs) to specify sheet type or switch sheet type setting mode), and
in a case in which the type specifying mode is set, the hardware processor judges, based on sensing of at least one of the operation of opening and/or the operation of closing by the sensor (paragraph 183, In the image forming device 1, while the sheet sensor 1601 is detecting a sheet and the sheet feed tray 135 is pulled out from the image forming device 1, then new sheets are added, then the sheet feed tray 135 is pushed into the image forming device 1, the open/closed sensor detects a state that a sheet for use in image forming processing can be fed out, and it can be determined that a sheet may have been added to the sheet feed tray 135), whether or not to switch the mode from the type specifying mode to the automatic sensing mode (paragraph 184, When the image forming device 1 determines that a sheet has been added to the sheet feed tray 135 (“YES” in S1505), the sheet type setting mode is switched from the user-specified mode to the automatic discrimination mode (S1506)).
Referring to claim 2, Kamiya discloses a display that includes a display panel, and that notifies the user of various apparatus states and messages, wherein it is displayed on the display panel in a case that switching is performed between the automatic sensing mode and the type specifying mode (paragraph 131, As illustrated in FIG. 8, the image forming device 1 displays the sheet type setting screen 600 according to reception of a user operation on the operation panel 410 (S801)).
Referring to claim 3, Kamiya discloses wherein the hardware processor judges whether or not to switch the mode in accordance with the sheet type specified in the type specifying mode in a case in which the sensor senses at least one of the operation of opening the paper cassette and/or the operation of closing the paper cassette (paragraph 184, When the image forming device 1 determines that a sheet has been added to the sheet feed tray 135 (“YES” in S1505), the sheet type setting mode is switched from the user-specified mode to the automatic discrimination mode (S1506)).
Referring to claim 4, Kamiya discloses wherein in a case in which the sheet specified in the type specifying mode is the sheet that is difficult to be discriminated by the hardware processor, the hardware processor judges to maintain the type specifying mode without switching the mode (paragraph 216, That is, as a means for determining whether or not sheet type can be normally determined using the media detection sensor 120, sensors are arranged for detecting failures of the LED 232, 233, 242 and the photodiode 243, and if the sensors determine that sheet type cannot be normally determined using the media detection sensor 120, sheet type setting mode can be switched from the automatic determination mode to the user specified mode) (paragraph 234, According to the embodiments above, conditions for determining whether to switch sheet type setting mode are different, but the present disclosure is not limited to the examples above, and the embodiments may be combined. That is, whether or not to switch sheet type setting mode may be determined according to a plurality of conditions. In such a case, sheet type setting mode may be switched when any one of the plurality of conditions is satisfied, or sheet type setting mode may be switched when the plurality of conditions are satisfied at the same time).
Referring to claim 5, Kamiya discloses wherein in a case in which the sheet specified in the type specifying mode is discriminable by the hardware processor, the hardware processor judges to switch the type specifying mode to the automatic sensing mode (paragraph 216, That is, as a means for determining whether or not sheet type can be normally determined using the media detection sensor 120, sensors are arranged for detecting failures of the LED 232, 233, 242 and the photodiode 243, and if the sensors determine that sheet type cannot be normally determined using the media detection sensor 120, sheet type setting mode can be switched from the automatic determination mode to the user specified mode).
Referring to claim 10, Kamiya discloses wherein in a case in which a message is displayed on the display panel for a setting change to switch between the automatic sensing mode and the type specifying mode, the image forming apparatus includes a plurality of message display methods (paragraph 231, According to at least one embodiment, an indication is displayed on the operation panel 410 when sheet type setting mode is switched, but the present disclosure is of course not limited to this, and the following alternative or additional methods may be used. For example, a screen for displaying a message indicating a switch of sheet type setting mode does not have to be the sheet type setting screen 600, and the message may be displayed on any screen displayed on the touch panel 500 of the operation panel 410) (paragraph 234, According to the embodiments above, conditions for determining whether to switch sheet type setting mode are different, but the present disclosure is not limited to the examples above, and the embodiments may be combined. That is, whether or not to switch sheet type setting mode may be determined according to a plurality of conditions. In such a case, sheet type setting mode may be switched when any one of the plurality of conditions is satisfied, or sheet type setting mode may be switched when the plurality of conditions are satisfied at the same time).
Referring to claim 11, Kamiya discloses wherein, the message display displayed on the display panel merely prompts a change of setting to the automatic sensing mode, and the hardware processor does not switch the mode in which the image former forms the image unless an instruction to change the setting is provided by the user (paragraph 198, If sheet type setting mode is not switched (“NO” in S1709), image forming processing is resumed as is (S1712)).
Referring to claim 12, Kamiya discloses wherein, the message display displayed on the display panel notifies a forcible setting change to the automatic sensing mode, and the hardware processor forcibly switches the mode when the image former forms the image to the automatic sensing mode (paragraph 195, FIG. 18C illustrates a display example in which sheet type setting mode is forcibly switched to the automatic discrimination mode regardless of user intent, without executing the conditional branching of step S1709. In this case, only a notification of switching to the automatic discrimination mode is displayed).
Referring to claim 13, Kamiya discloses wherein, after the setting is changed to the automatic sensing mode, an original setting can be selected again, and a display to change the setting is not displayed on the display panel again in a case in which it is once selected to set to the original setting again (paragraph 194, In the display example 1810 of FIG. 18B, in addition to the same display as that of FIG. 18A, a message “do not display this message in future” and a checkbox 1813 are displayed. If the “YES” button 1811 or the “NO” button 1812 is pressed while the checkbox 1813 is checked, sheet type setting mode is set to a setting mode corresponding to the pressed button, and the setting mode is stored. In next and subsequent image forming processing, even if an automatically discriminated sheet type does not match a user specified sheet type, the confirmation screen is not displayed, and sheet type setting mode is set to the stored setting mode).
Referring to claim 14, Kamiya discloses wherein the hardware processor includes a measurer that irradiates the sheet with light and measures physical properties of the sheet by transmittance and reflectance of the light that is irradiated and discriminates the sheet type based on a measurement result by the measurer (paragraph 110, the controller 100 automatically discriminates sheet type by controlling turning on and off of the LEDs 232, 233, 242 of the media detection sensor 120 and referring to the output signal of the photodiode 243).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER K HUNTSINGER whose telephone number is (571)272-7435. The examiner can normally be reached Monday - Friday 8:30 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benny Q Tieu can be reached at 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER K HUNTSINGER/Primary Examiner, Art Unit 2682
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