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 Construction
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 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:
“image forming part” in claim 4;
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.
Claim 2 is 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 2 recites the limitation “wherein the step surface has a rectangular frame-like shape”. It is unclear which property of a rectangular frame the shape of the step surface shares with a rectangular frame. As such, there is no reasonable certainty as to the metes and bounds of the claim.
For the purpose of examination, Examiner construes “wherein the step surface has a rectangular frame-like shape” to mean that like a rectangular frame, the shape of the step surface can be depicted in a figure.
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Yamaguchi, U.S.P.G. Pub. No. 2015/0338795.
Regarding independent claim 1, a fixing device comprising:
a rotatable endless fixing belt (202);
a heater (300) which has a belt contact surface (fig 5, the surface that comes into contact with an inner circumferential surface of the fixing belt) coming into contact with an inner circumferential surface of the fixing belt;
a heat equalizing member (220) which has a front contact surface (fig 5, the surface that comes into contact with a surface opposite to the belt contact surface of the heater) coming into contact with a surface opposite to the belt contact surface of the heater and a rear contact surface (fig 5, the surface opposite to the front contact surface) opposite to the front contact surface;
a holding member (fig 3B, ref 201) which has a storage recess in which the heater and the heat equalizing member are stored (fig 3B, showing the recess in which the heater and the heat equalizing member are stored);
and a presser member (210) which is pressed against the heater via the fixing belt to form a pressurized region (N) between the pressing member and the fixing belt, a sheet (P) on which a toner image is transferred being heated and pressed at the pressurized region (fig 5), wherein
the storage recess has a heat equalizing member storage part (fig 3B, the “part” in which the heat equalizing member is stored) in which the heat equalizing member is stored, and a void part (fig 3B, the “void part” just above the heat equalizing member having a cross-sectional area narrower than that of the heat equalizing member storage part, having a narrower width, ¶ 45) having a cross-sectional area narrower than that of the heat equalizing member storage part, in order in a depth direction of the recess (fig 3B, showing their order in the depth direction of the recess, noting that the claim fails to specify which is first or last “in order”, or even in which direction the “depth direction of the recess” increases to define a first or last), and
the rear contact surface of the heat equalizing member comes into contact with (it contacts it indirectly through the remaining elements) a step surface (fig 3B, the stepped surface defining the edge of the void part) formed between the heat equalizing member storage part and the void part (fig 3B, the step portion exists in the region between the heat equalizing member storage part and the void part).
Regarding claim 2, which depends from claim 1, wherein the step surface has a rectangular frame-like shape (fig 3B, like a rectangular frame, the shape of the step surface can be depicted in a figure).
Regarding claim 3, which depends from claim 1, wherein the storage recess has a heater storage part (fib 3B, some “part” where the heater is stored, with the extent of the “part” chosen such that its width in the cross section depicted in fig 3B is smaller than the width of the heat equalizing member storage part) in which the heater is stored on a front side (fig 3B, the “front side” chosen so as to meet this limitation) of the heat equalizing member storage part in the depth direction, the heater storage part having a cross-sectional area wider than that of the heat equalizing member storage part (having chosen the extent of the heater storage “part” to meet this limitations), and
the surface opposite to the belt contact surface of the heater comes into contact with (it contacts it indirectly through the remaining elements, and directly in the corner of the rectangular frame shaped step surface) a rectangular frame shaped step surface (fig 3B, the rectangular frame shaped step surface in direct contact with the heat equalizing member storage part between the widths 300W and 220Wa) formed between the heater storage part and the heat equalizing member storage part (the rectangular frame shaped step surface is between the heater storage part and the heat equalizing member storage part in the vertical direction of fig 3B).
Regarding claim 4, an image forming apparatus comprising:
an image forming part (fig 4) which forms a toner image on a sheet, and
the fixing device according to claim 1 (supra), which fixes the toner image on the sheet.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishigaya et al., U.S.P.G. Pub. No. 2023/0288852.
Regarding independent claim 1, a fixing device comprising:
a rotatable endless fixing belt (21);
a heater (fig 42, 23C, including 55, 56B, and 57) which has a belt contact surface coming into contact with an inner circumferential surface of the fixing belt (fig 42, the surface coming into contact with an inner circumferential surface of the fixing belt);
a heat equalizing member (fig 42, 89) which has a front contact surface (fig 42, the surface coming into contact with a surface opposite to the belt contact surface of the heater) coming into contact with a surface opposite to the belt contact surface of the heater and a rear contact surface (fig 42, the surface opposite to the front contact surface) opposite to the front contact surface;
a holding member (26) which has a storage recess in which the heater and the heat equalizing member are stored;
and a presser member (22) which is pressed against the heater via the fixing belt to form a pressurized region (N) between the pressing member and the fixing belt, a sheet (P) on which a toner image is transferred being heated and pressed at the pressurized region (fig 42), wherein
the storage recess has a heat equalizing member storage part (fig 42, the “part” in which the heat equalizing member is stored) in which the heat equalizing member is stored, and a void part (24g) having a cross-sectional area narrower than that of the heat equalizing member storage part (fig 42), in order in a depth direction of the recess (fig 42, showing their order in the depth direction of the recess, noting that the claim fails to specify which is first or last “in order”, or even in which direction the “depth direction of the recess” increases to define a first or last), and
the rear contact surface of the heat equalizing member comes into contact with a step surface (fig 42, the step surfaces at both ends of the void part between the heat equalizing member storage part and the void part in both the vertical and horizontal directions in fig 42) formed between the heat equalizing member storage part and the void part.
Regarding claim 2, which depends from claim 1, wherein the step surface has a rectangular frame-like shape (fig 42, like a rectangular frame, the shape of the step surface can be depicted in a figure).
Regarding claim 3, which depends from claim 1, wherein the storage recess has a heater storage part (fig 42, the “part” in which 56B is stored) in which the heater is stored on a front side of the heat equalizing member storage part in the depth direction (fig 42), the heater storage part having a cross-sectional area wider than that of the heat equalizing member storage part (fig 42, for claim 3, and claim 3 only, the extent of the “part” of the heat equalizing member storage part is chosen so small that this limitation is met), and
the surface opposite to the belt contact surface of the heater comes into contact with (fig 42, it contacts it indirectly through the remaining elements) a rectangular frame shaped step surface (fig 42, the step surface at the far right and left enclosing the heater) formed between the heater storage part and the heat equalizing member storage part (fig 42, the step surface extends from above the heat equalizing member storage part in fig 42 to below the heater storage part, therefore it is formed between the heater storage part and the heat equalizing member storage part).
Regarding claim 4, an image forming apparatus comprising:
an image forming part (fig 1) which forms a toner image on a sheet, and
the fixing device according to claim 1 (supra), which fixes the toner image on the sheet.
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi, U.S.P.G. Pub. No. 2015/0338795.
Examiner may not import limitations from the Specification into the claims, MPEP 2111.01 (II), including limitations as to function, purpose, or effect.
The reasoning of the rejections of claims 1-4 above are repeated herein in their entirety with the following modifications:
Regarding independent claim 1 and claims 2 and 3, Examiner assumes arguendo, without conceding, that the claims define shapes that are different from the corresponding shapes in the applied reference.
The configuration of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant. MPEP 2144.04 (IV)(B) (citing In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), whose claims included functional limitations).
Here, there is no claimed significance of the claimed configuration, as evinced by limitations as to function, purpose, or effect. Examiner may not incorporate any such limitations into the claims. As such, there is no persuasive evidence that any differences in configuration, including shapes, have any significance at all. Therefore, the configuration of the claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious.
Claim 3 is rejected under 35 U.S.C. 103 as being obvious over by Ishigaya et al., U.S.P.G. Pub. No. 2023/0288852, in view of Kume et al., U.S.P.G. Pub. No. 2018/0348676.
Examiner assumes arguendo, without conceding, that the limitations of claim 3 require that the heater be longer in the feeding direction than the heat equalizing member.
Kume et al. teach a heater (37) and heat equalizing member (39) in that order away from a fixing nip (fig 7). Kume et al. provide a shorter heat equalizing member than the heater to accommodate thermal expansion and avoid stressing the heater during operation (¶ 49-53).
It would have been obvious to one having ordinary skill at the time of effective filing to provide a heater longer in the feeding direction than the heat equalizing member in the device of Ishigaya et al. One having ordinary skill in the art at the time of effective filing would have done so to accommodate thermal expansion and avoid stressing the heater during operation.
Claims 1-4 are rejected under 35 U.S.C. 103 as being obvious over by Yoshioka et al., U.S.P.G. Pub. No. 2025/0053124, in view of Ishigaya et al., U.S.P.G. Pub. No. 2023/0288852.
Regarding independent claim 1, Yoshioka et al. teach a fixing device comprising:
a rotatable endless fixing belt (13);
a heater (11) which has a belt contact surface coming into contact with an inner circumferential surface of the fixing belt (fig 2, the surface coming into contact with an inner circumferential surface of the fixing belt);
a heat equalizing member (18) which has a front contact surface (fig 2, the surface coming into contact with a surface opposite to the belt contact surface of the heater) coming into contact with a surface opposite to the belt contact surface of the heater and a rear contact surface (fig 2, the surface opposite to the front contact surface) opposite to the front contact surface;
a holding member (12) which has a storage recess in which the heater and the heat equalizing member are stored;
and a presser member (17) which is pressed against the heater via the fixing belt to form a pressurized region (NF) between the pressing member and the fixing belt, a sheet (P) on which a toner image is transferred being heated and pressed at the pressurized region (fig 2), wherein
the storage recess has a heat equalizing member storage part (fig 2, the “part” in which the heat equalizing member is stored) in which the heat equalizing member is stored, and
the rear contact surface of the heat equalizing member comes into contact with a step surface (fig 2, the step surfaces at both ends of the heat equalizing member in fig 2).
Yoshioka et al. fail to teach:
the storage recess has a void part having a cross-sectional area narrower than that of the heat equalizing member storage part, the heat equalizing member storage part and the void part in order in a depth direction of the recess; and,
the step surface formed between the heat equalizing member storage part and the void part.
Ishigaya et al. teach the storage recess has a void part (fig 42, 24g) having a cross-sectional area narrower than that of the heat equalizing member storage part (fig 42), the heat equalizing member storage part and the void part in order in a depth direction of the recess (fig 42); and,
a step surface formed between the heat equalizing member storage part and the void part (fig 42, the step surfaces at both ends at the bottom on the void part in contact with the heat equalizing member).
Ishigaya et al. provide the void part 24g to serve as a thermal insulation layer between the heat equalizing member and the holding member (¶ 189).
It would have been obvious to one having ordinary skill at the time of effective filing to provide the added limitations to the device of Yoshioka et al. One having ordinary skill in the art at the time of effective filing would have done so to provide thermal insulation between the heat equalizing member and the holding member.
Regarding claim 2, which depends from claim 1, wherein the step surface has a rectangular frame-like shape (in both Yoshioka et al. and Ishigaya et al., like a rectangular frame, the shape of the step surfaces can be depicted in a figure).
Regarding claim 3, which depends from claim 1, Yoshioka et al. further teach wherein the storage recess has a heater storage part (fig 2, the “part” in which the heater is stored) in which the heater is stored on a front side of the heat equalizing member storage part in the depth direction (fig 2), the heater storage part having a cross-sectional area wider than that of the heat equalizing member storage part (fig 2), and
the surface opposite to the belt contact surface of the heater comes into contact with (fig 2, it contacts it directly) a rectangular frame shaped step surface (fig 2, the step surface at the far right and left enclosing the heater from above) formed between the heater storage part and the heat equalizing member storage part (fig 2, the step surface is formed between the heater storage part and the heat equalizing member storage part).
Regarding claim 4, Yoshioka et al. and Ishigaya et al. further teach an image forming apparatus comprising:
an image forming part (fig 1 in both) which forms a toner image on a sheet, and
the fixing device according to claim 1 (supra, as combined), which fixes the toner image on the sheet.
Conclusion
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/SEVAN A AYDIN/Primary Examiner, Art Unit 2852