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 § 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.
Claims 1-5 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1, from which all claims depend, recites the limitations:
“An image forming apparatus … wherein the first wall plate, the first auxiliary plate, and the third auxiliary plate are screwed to the one of the paired main-body frames, and
the second wall plate, the second auxiliary plate, and the fourth auxiliary plate are screwed to the other of the paired main-body frames.”
Claim 4 further recites:
“wherein the first wall plate, the first auxiliary plate, and the third auxiliary plate are screwed to the one of the paired main-body frames from an outer side of the one of the paired main-body frames, and
the second wall plate, the second auxiliary plate, and the fourth auxiliary plate are screwed to the other of the paired main-body frames from an outer side of the other of the paired main-body frames.”; and,
Claim 5 further recites:
“wherein the fifth auxiliary plate is screwed to the one of the paired main-body frames from an outer side of the one of the paired main-body frames, and
the sixth auxiliary plate is screwed to the other of the paired main-body frames from an outer side of the other of the paired main-body frames.”
It is unclear whether infringement occurs when one provides an apparatus capable of being screwed as claimed, or whether infringement occurs when some unclaimed third party actually screws the parts together as claimed. MPEP 2173.05(p) (II). Here, hiding behind the passive voice “are/is screwed” does not change the fact that some unclaimed third party is acting on the claimed apparatus. Should the screws, and corresponding screw holes, be a part of the apparatus, Applicant may amend to clarify that such is a capability of the apparatus, rather than an action performed upon it by some unclaimed third party.
For the purpose of examination, Examiner construes the claims such that mere fastening at the locations of the claimed screwing action suffices to anticipate the claims because the only clear capability of the system is that the various pieces as somehow fastened.
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)(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.
Initially, note that a “product by process” claim is directed to the product per se, no matter how the product is actually made. See In re Thorpe et al., 227 USPQ 964, 777 F. 2d 695 (CAFC, 1985) and the related case law cited therein, which makes it clear that it is the final product per se which must be determined in a “product by process” claim, and not the patentability of the process, and that, as here, an old or obvious product produced by a new method is not patentable as a product, whether claimed in “product by process” claims or not. MPEP 2173.05(p) (I). As stated in Thorpe,
[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. In re Brown, 459, F.2d, 531, 535, 173 USPQ 685, 688 (CCPA 1972); In re Pilkington, 411 F.2d 1345, 1348, 162 USPQ 145, 147 (CCPA 1969); Buono v. Yankee Maid Dress Corp., 77 F.2d 274, 279, 26 USPQ 57, 61 (2d. Cir. 1935).
Note that Applicant has burden of proof in such cases as the above case law makes clear.
Regarding claims 1-5, it is noted that the step of “formed by being bent” are intermediate steps that does not affect the structure of the final device. A reference merely requires a bend with the claimed properties to anticipate, rather than the process of bending as well.
Further regarding claims 1-5, Examiner assumes arguendo, without conceding, that the recitations of “are/is screwed” also denote capabilities of the system as product-by-process limitations rather than mere actions of unclaimed third parties, noting that the steps of “are/is screwed” are intermediate steps that do not affect the structure of the final device. A reference merely requires fastening at the claimed locations with the claimed properties to anticipate, rather than the process of screwing.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Suzuki et al., U.S.P.G. Pub. No. 2015/0220047.
Regarding independent claim 1, an image forming apparatus, comprising:
paired main-body frames forming side walls of a main body that face each other (fig 3, the main body side walls); and
a scanner frame (the optical stay 54, including all the plates comprising it), on which an exposure device for irradiating a photosensitive drum is mounted, the scanner frame being connected to one of the paired main-body frames and the other of the paired main-body frames at a position between the one of the paired main-body frames and the other of the paired main-body frames (fig 3), the scanner frame including:
a bottom plate (the bottom plate 56 of the optical stay) extending in a horizontal direction between the one of the paired main-body frames and the other of the paired main-body frames, the bottom plate including a first edge portion located on a side toward the one of the paired main-body frames, a second edge portion located on a side toward the other of the paired main-body frames, a third edge portion joining the first edge portion and the second edge portion, and a fourth edge portion located on a side opposite to the third edge portion (fig 3, showing the claimed edges and joining);
a first wall plate extending in a vertical direction from the first edge portion of the bottom plate;
a second wall plate extending in the vertical direction from the second edge portion of the bottom plate;
a third wall plate extending in the vertical direction from the third edge portion of the bottom plate;
a fourth wall plate extending in the vertical direction from the fourth edge portion of the bottom plate
(fig 3, the four wall plates as claimed are the walls of the optical stay);
a first auxiliary plate formed by being bent to extend in parallel to the first wall plate from an edge portion of the third wall plate on the side toward the one of the paired-main body frames;
a second auxiliary plate formed by being bent to extend in parallel to the second wall plate from an edge portion of the third wall plate on the side toward the other of the paired main-body frames;
a third auxiliary plate formed by being bent to extend in parallel to the first wall plate from an edge portion of the fourth wall plate on the side toward the one of the paired main- body frames; and
a fourth auxiliary plate formed by being bent to extend in parallel to the second wall plate from an edge portion of the fourth wall plate on the side toward the other of the paired main-body frames
(fig 3, the four auxiliary plates are the projecting tabs at the ends of the wall plates fastening the several wall plates of the optical stay together, with each of the claimed wall plate and auxiliary plate extending exactly as claimed; additionally and alternatively, three dimensional objects such as plates extend in all directions such that any two three dimensional objects extend at least partly in parallel to each other)
wherein
the first wall plate, the first auxiliary plate, and the third auxiliary plate are screwed to the one of the paired main-body frames, and
the second wall plate, the second auxiliary plate, and the fourth auxiliary plate are screwed to the other of the paired main-body frames
(the respective plates are fastened by welding throughout the reference, which is sufficient structure to meet the claimed fastened product; additionally and alternatively, one can use screws instead of welding to fasten, ¶ 69).
Regarding claim 2, which depends from claim 1, wherein the first auxiliary plate is bent toward the first wall plate, and
the second auxiliary plate is bent toward the second wall plate (fig 3, showing the bends).
Regarding claim 3, which depends from claim 1, wherein the third auxiliary plate is bent toward the first wall plate, and the fourth auxiliary plate is bent toward the second wall plate (fig 3, showing the bends).
Regarding claim 4, which depends from claim 1, wherein the first wall plate, the first auxiliary plate, and the third auxiliary plate are screwed to the one of the paired main-body frames from an outer side of the one of the paired main-body frames, and
the second wall plate, the second auxiliary plate, and the fourth auxiliary plate are screwed to the other of the paired main-body frames from an outer side of the other of the paired main-body frames
(the respective plates are fastened by welding throughout the reference, which is sufficient structure to meet the claimed fastened product; additionally and alternatively, one can use screws instead of welding to fasten, ¶ 69).
Regarding claim 5, which depends from claim 4, further comprising an enhancing frame (the main stay 55, enhancing the rigidity of the optical stay 54, including all the plates comprising it) connected to the one of the paired main-body frames and the other of the paired main- body frames at a position between the one of the paired main-body frames and the other of the paired main-body frames (fig 3), the enhancing frame including:
an enhancing-frame body (the bottom plate 56 of the main stay) extending between the one of the paired main-body frames and the other of the paired main-body frames (fig 3);
a fifth auxiliary plate formed by being bent to extend in parallel to the one of the paired main-body frames from an edge portion of the enhancing-frame body on the side toward the one of the paired main-body frames; and
a sixth auxiliary plate formed by being bent to extend in parallel to the other of the paired main-body frames from an edge portion of the enhancing-frame body on the side toward the other of the paired main-body frames,
(fig 3, the auxiliary plates as claimed are the walls of the main stay)
wherein
the fifth auxiliary plate is screwed to the one of the paired main-body frames from an outer side of the one of the paired main-body frames, and
the sixth auxiliary plate is screwed to the other of the paired main-body frames from an outer side of the other of the paired main-body frames
(the respective plates are fastened by welding throughout the reference, which is sufficient structure to meet the claimed fastened product; additionally and alternatively, one can use screws instead of welding to fasten, ¶ 69).
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al., U.S.P.G. Pub. No. 2015/0220047.
Regarding independent claim 1 and claim 2-5, Examiner assumes arguendo, without conceding, that Suzuki fails to provide an enabling disclosure for using screws rather than welding, and thus fails to anticipate using screws rather than welding.
Suzuki teaches that fastening using screws is equivalent to the described welding (¶ 69).
It would have been obvious to one having ordinary skill at the time of effective filing to utilize screws instead of welding. Such is a mere substitution of screwed fastening as an art recognized equivalent for welded fastening. MPEP 2144.06 (II).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art teaches various forms of fastened bent plates to support an exposure unit frame.
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.
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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.
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/SEVAN A AYDIN/Primary Examiner, Art Unit 2852