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 .
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.
The following title is suggested:
FIXING DEVICE FOR SUPPRESSING REDUCED DURABILITY OF A FLEXIBLE ROTARY MEMBER.
The disclosure is objected to because of the following informalities:
On page 1, --and issued as U.S. Patent No. 12,228,871 B2 on February 18, 2025,-- should be added after “filed November 21, 2023,”
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
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 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 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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okada et al. (US 5,027,160).
Regarding claim 1, Okada et al. discloses a fixing device (element 11, Fig. 4) that fixes an image formed on a recording material (element P, Fig. 4) to the recording material, the fixing device comprising: a flexible cylindrical rotary member (element 25, Fig. 4) that rotates while contacting the recording material on which the image has been formed; and an inner-surface opposing portion (i.e., the peripheral surface of the follower roller 27) that opposes an inner surface of the rotary member at an end portion of the rotary member in a generatrix direction, wherein the inner-surface opposing portion moves upstream in a recording material conveying direction in accordance with lateral shift of the rotary member in the generatrix direction (i.e., when the film detection signal is produced from the first film position detecting means 51, the shift controlling mechanism moves the bearing 27a of the follower roller 27 toward the front side (Y), so that the front shift of the fixing film 25 is corrected) (see col. 8, lines 34-38 and Figs. 4 and 5).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2009/0317153).
Regarding claim 1, Lee discloses a fixing device (element 20, Fig. 1) that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member (element 40, Fig. 2) that rotates while contacting the recording material on which the image has been formed; and an inner-surface opposing portion (element 57, Fig. 4) that opposes an inner surface (element 42, Fig. 4) of the rotary member at an end portion of the rotary member in a generatrix direction, wherein the inner-surface opposing portion moves upstream in a recording material conveying direction in accordance with lateral shift of the rotary member in the generatrix direction (i.e., for example, the curved contact portion 57 moves upstream the recording material conveying direction at the feed roller 74) (see Figs. 1 and 4).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 9,513,583. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 10 of U.S. Patent No. 9,513,583 contains all the features of claim 1.
Instant Application
U.S. Patent No. 9,513,583
1. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; and
an inner-surface opposing portion that opposes an inner surface of the rotary member at an end portion of the rotary member in a generatrix direction,
wherein the inner-surface opposing portion moves upstream in a recording material conveying direction in accordance with lateral shift of the rotary member in the generatrix direction.
10. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; a roller that forms a fixing nip portion that nips and conveys the recording material together with the rotary member; a movable member that opposes an end surface of the rotary member in a generatrix direction of the rotary member, the movable member including an inner-surface opposing portion and an end-surface opposing portion, the inner-surface opposing portion opposing an inner surface of the rotary member at an end portion of the rotary member in the generatrix direction, the end-surface opposing portion opposing the end surface of the rotary member, a holding member that movably holds the movable member, the holding member includes a guide that guides the movable member so as to move upstream in a recording material conveying direction at the fixing nip portion; a stay that extends through a cylinder of the rotary member in the generatrix direction of the rotary member; a frame on which the stay and the holding member are mounted; a first urging member that urges the stay and the holding member mounted on the frame; and a second urging member that is provided between the holding member and the movable member, the second urging member urging the movable member so as to push back the rotary member with respect to the lateral shift of the rotary member, wherein the fixing nip portion that nips and conveys the recording material is formed by a force of the first urging member, wherein, when the rotary member is laterally shifted in the generatrix direction and pushes the end-surface opposing portion, the movable member moves upstream in a recording material conveying direction at the fixing nip portion by a force for pushing the end-surface opposing portion by the rotary member, and wherein, by moving the movable member upstream in the recording material conveying direction at the fixing nip portion, the inner surface of the rotary member is pushed by the inner-surface opposing portion.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 9,983,523. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 9,983,523 contains all the features of claim 1.
Instant Application
U.S. Patent No. 9,983,523
1. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; and
an inner-surface opposing portion that opposes an inner surface of the rotary member at an end portion of the rotary member in a generatrix direction,
wherein the inner-surface opposing portion moves upstream in a recording material conveying direction in accordance with lateral shift of the rotary member in the generatrix direction.
1. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; a roller that forms a fixing nip portion that nips and conveys the recording material together with the rotary member; a first end-surface opposing portion that opposes one end surface of the rotary member in a generatrix direction of the rotary member;
a first inner-surface opposing portion that opposes an inner surface of the rotary member at one end portion of the rotary member in the generatrix direction of the rotary member; a second end-surface opposing portion that opposes the other end surface of the rotary member in the generatrix direction of the rotary member, a second inner-surface opposing portion that opposes an inner surface of the rotary member at the other end portion of the rotary member in the generatrix direction of the rotary member, the second inner-surface opposing portion being provided at a part different from a part at which the first inner-surface opposing portion is provided, and wherein, when the rotary member is laterally shifted in the generatrix direction and pushes the first end-surface opposing portion, the first inner-surface opposing portion moves upstream in a recording material conveying direction at the fixing nip portion by a force for pushing the first end-surface opposing portion by the rotary member, and the first inner-surface opposing portion pushes the inner surface of the rotary member to upstream in the recording material conveying direction, and wherein, when the rotary member is laterally shifted in the generatrix direction and pushes the second end-surface opposing portion, the second inner-surface opposing portion moves upstream in a recording material conveying direction at the fixing nip portion by a force for pushing the second end-surface opposing portion by the rotary member, and the second inner-surface opposing portion pushes the inner surface of the rotary member to upstream in the recording material conveying direction.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,386,761. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 10,386,761 contains all the features of claim 1.
Instant Application
U.S. Patent No. 10,386,761
1. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; and
an inner-surface opposing portion that opposes an inner surface of the rotary member at an end portion of the rotary member in a generatrix direction,
wherein the inner-surface opposing portion moves upstream in a recording material conveying direction in accordance with lateral shift of the rotary member in the generatrix direction.
1. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; a roller that forms a fixing nip portion that nips and conveys the recording material together with the rotary member; an end-surface opposing portion that opposes an end surface of the rotary member in a generatrix direction of the rotary member, the end-surface opposing portion being movable in the generatrix direction of the rotary member; an inner-surface opposing portion that opposes an inner surface of the rotary member at an end portion of the rotary member in the generatrix direction of the rotary member, the inner-surface opposing portion being movable upstream in a recording material conveying direction; a holding member that movably holds the inner-surface opposing portion, the holding member including a guide that guides the inner-surface opposing portion so as to move upstream in the recording material conveying direction; and an urging member that urges the holding member toward the roller so as to form the fixing nip portion, wherein, when the rotary member is laterally shifted and pushes the end-surface opposing portion, the inner-surface opposing portion moves upstream in the recording material conveying direction at the fixing nip portion by a force for pushing the end-surface opposing portion by the rotary member, and pushes the inner surface of the rotary member toward the upstream in the recording material conveying direction.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,824,102. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 10,824,102 contains all the features of claim 1.
Instant Application
U.S. Patent No. 10,824,102
1. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; and
an inner-surface opposing portion that opposes an inner surface of the rotary member at an end portion of the rotary member in a generatrix direction,
wherein the inner-surface opposing portion moves upstream in a recording material conveying direction in accordance with lateral shift of the rotary member in the generatrix direction.
1. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; a backup unit that contacts an inner surface of the rotary member along a generatrix direction of the rotary member; a roller that forms a fixing nip portion that nips and conveys the recording material together with the backup unit via the rotary member; an end-surface opposing portion that opposes an end surface of the rotary member in the generatrix direction of the rotary member, the end-surface opposing portion being movable in the generatrix direction of the rotary member; and
an inner-surface opposing portion that opposes an inner surface of the rotary member at an end portion of the rotary member in the generatrix direction of the rotary member, the inner-surface opposing portion being movable upstream in a recording material conveying direction, wherein, when the fixing device is seen in a direction perpendicular to the generatrix direction and the recording material conveying direction, a width of the end-surface opposing portion is greater than a width of the rotary member, and wherein, when the rotary member is laterally shifted in the generatrix direction of the rotary member and pushes the end-surface opposing portion, the inner-surface opposing portion moves upstream in the recording material conveying direction at the fixing nip portion by a force for pushing the end-surface opposing portion by the rotary member, and pushes the inner surface of the rotary member toward the upstream in the recording material conveying direction.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,824,102. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 10,824,102 contains all the features of claim 1.
Instant Application
U.S. Patent No. 10,824,102
1. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; and
an inner-surface opposing portion that opposes an inner surface of the rotary member at an end portion of the rotary member in a generatrix direction,
wherein the inner-surface opposing portion moves upstream in a recording material conveying direction in accordance with lateral shift of the rotary member in the generatrix direction.
1. A fixing device that fixes an image formed on a recording material to the recording material, the fixing device comprising: a flexible cylindrical rotary member that rotates while contacting the recording material on which the image has been formed; a backup unit that contacts an inner surface of the rotary member along a generatrix direction of the rotary member; a roller that forms a fixing nip portion that nips and conveys the recording material together with the backup unit via the rotary member; an end-surface opposing portion that opposes an end surface of the rotary member in the generatrix direction of the rotary member, the end-surface opposing portion being movable in the generatrix direction of the rotary member; and
an inner-surface opposing portion that opposes an inner surface of the rotary member at an end portion of the rotary member in the generatrix direction of the rotary member, the inner-surface opposing portion being movable upstream in a recording material conveying direction, wherein, when the fixing device is seen in a direction perpendicular to the generatrix direction and the recording material conveying direction, a width of the end-surface opposing portion is greater than a width of the rotary member, and wherein, when the rotary member is laterally shifted in the generatrix direction of the rotary member and pushes the end-surface opposing portion, the inner-surface opposing portion moves upstream in the recording material conveying direction at the fixing nip portion by a force for pushing the end-surface opposing portion by the rotary member, and pushes the inner surface of the rotary member toward the upstream in the recording material conveying direction.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILTON GONZALEZ whose telephone number is (571)270-7914. The examiner can normally be reached 8:00 AM - 5:00 PM.
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.
/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
/M.G/Examiner, Art Unit 2852
8/16/2026
Prosecution Insights