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 Objections
Claim 1 is objected to because of the following informalities:
The last line of claim 1 recites “detection portion”, which should be corrected to --detecting portion-- for consistency throughout the claims.
Appropriate correction is required.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 23, 25-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6-11, and 13-19 of U.S. Patent No. 12,253,811 (“the patent”) in view of Kakuta et al. (US 2009/0297178; “Kakuta”).
Regarding outstanding claim 23, though slight differences in wording, claim 1 of the patent claims most of the limitations except for the “roller” configured to bear the developer, and the “detecting portion for use in outputting a signal based on the amount of the developer accommodated in the container” and the second end portion of the sheet being the part of the sheet that maintains a bent state until it reaches a position corresponding to the detection portion. See below.
Outstanding claim 23
Claim 1 of the patent
A device for use in an apparatus main body of an image forming apparatus, the device comprising:
A developing device for use in an apparatus main body of an image forming device, the developing device comprising:
a container which includes first and second chambers accommodating a developer and which is provided with a communication port through which the first and second chambers communicate with each other, the first and second chambers being integrally formed, the second chamber being disposed below the first chamber when the device is oriented in a predetermined direction in which the device is used in the apparatus main body;
a developing container including an accommodation chamber configured to accommodate a developer and a developing chamber communicating with the accommodation chamber through a communication port, the accommodation chamber and developing chamber being integrally formed such that the developing chamber is disposed below the accommodation chamber in a state where the developing device is in use in the apparatus main body;
a
a developer carrier configured to carry the developer accommodated in the developing chamber;
a conveyance member which is configured to convey, by being rotated about a rotation axis, the developer in the first chamber toward the second chamber through the communication port and which includes a shaft, and a sheet having first and second end portions on opposite sides in a direction perpendicular to the rotation axis, the first end portion of the sheet being fixed to the shaft; and
a conveyance member provided in the accommodation chamber and including a rotation shaft rotatable about a rotation axis and a sheet which is rotatable together with the rotation shaft, is flexible, and has a first end portion fixed to the rotation shaft in a direction perpendicular to the rotation shaft axis, the conveyance member being configured to convey the developer in the accommodation chamber toward the developing chamber through the communication port by the sheet while being rotated; …
wherein the developer container includes an abutting surface which forms the accommodation chamber and which is configured to abut a second end portion of the sheet opposite to the first end portion of the sheet in the direction perpendicular to the rotation axis
a detecting portion provided in the first chamber of the container , the detecting portion being provided above the communication port when the device is oriented in the predetermined direction,
a light guide provided in the accommodation chamber of the developing container, the light guide being configured to guide light from outside of the developing device into the accommodation chamber and from inside of the accommodation chamber toward outside of the developing device and being positioned above the communication port when the developing device is in use in the apparatus main body;
wherein the conveyance member and the container are configured so that the sheet is maintained in a bent state by contacting an inner surface constituting the first chamber of the container during a period from when the sheet reaches an upstream end of the communication port in a rotation direction of the conveyance member to when the sheet reaches a position corresponding to the detection portion.
wherein the developer container includes an abutting surface which forms the accommodation chamber and which is configured to abut a second end portion of the sheet opposite to the first end portion of the sheet in the direction perpendicular to the rotation axis such that the sheet is maintained in a bent state until the second end portion of the sheet passes in front of an upstream end of the communication port in a rotation direction of the conveyance member and then reaches the light guide.
As mentioned above, claim 1 of the patent fails to claim a “roller” configured to bear the developer, and the “detecting portion for use in outputting a signal based on the amount of the developer accommodated in the container”.
Kakuta teaches a similar developing device 4, comprising a roller 17 configured to bear developer accommodated in a second chamber 18b (Fig. 1 [0146]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to claim a roller as the developer carrier of the patent. It has been held that the simple substitution of one known element for another to obtain predictable results is obvious. In this instance, the predictable results would be providing an appropriate amount of developer to a photosensitive member in order to properly develop a latent image and result in high-quality printing.
Kakuta further teaches utilizing a light guide 42 in an accommodation chamber 18a of the developing container 4 as a detecting portion for use in outputting a signal based on the amount of the developer accommodated in the container, and a second end (free end) of the sheet 23 is the part of the sheet that is bent by contacting an inner surface of the chamber (Figs. 1, 5a, & 7 [0155, 0158, 0163-0169]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to claim the light guide of the patent utilized as a detecting portion for use in outputting a signal based on the amount of the developer accommodated in the container, and also to claim the second end of the sheet as the part of the sheet that is maintained in the bent state. One would have been motivated to do so in order to detect a remaining toner amount stably with accuracy (Kakuta [0169]).
Regarding outstanding claim 34, modified claim 1 of the patent claims the device according to claim 23, but fails to claim wherein the detecting portion is provided in a concave part of the inner wall of the first chamber which is recessed toward an outside of the first chamber.
Kakuta teaches providing the detecting portion 42 in a concave part of the inner wall of the first chamber 18a which is recessed toward an outside of the first chamber (see Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to claim wherein the detecting portion is provided in a concave part of the inner wall of the first chamber which is recessed toward an outside of the first chamber, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results. In this instance, the predictable results would be the accurate detection of remaining developer within the chamber.
The outstanding claims below clearly correlate with the claims of the patent as follows:
Outstanding
25
26
27
28
29*
30
31
32
33
35
36
37
38
39
40
41
Patent
1
2
3
6
7*
8
9
10
11
13
14
15
16
17
18
19
*Note regarding outstanding claim 29 and patent claim 7: limitations describing wherein the at least one connector extends, “in a direction inclined with respect to a direction perpendicular to the rotation axis” and “in a direction intersecting with the rotation axis” are interpreted as having the same scope, as the at least one connector is a three dimensional object and thus will have some dimension extending in every direction.
Claims 24 and 42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of the patent 12,253,811 in view of Kakuta (US 2009/0297178) as applied to claim 23, and further in view of Kanno (US 2019/0235413).
Regarding outstanding claim 24, modified claim 1 of the patent claims the device according to claim 23, but fails to claim wherein the detecting portion includes a pair of electrodes between which a voltage is applied from an outside of the device.
Kanno teaches utilizing, as a detecting portion to detect an amount of remaining developer, a pair of electrodes 31/32 between which a voltage is applied from an outside of a similar developing device 4 (Figs. 5-6 [0046-0047, 0058, 0060-0064]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to claim wherein the detecting portion includes a pair of electrodes between which a voltage is applied from an outside of the device. One would have been motivated to do so in order to stably detect the toner remaining amount (Kanno [0073]).
Regarding outstanding claim 42, modified claim 1 of the patent claims the device according to claim 24, but fails to claim wherein the pair of electrodes faces each other and each of the part (i.e., pair) of the electrodes includes a portion exposed outside of the container.
Kanno teaches a configuration in which the pair of electrodes 31/32 faces each other and each of the pair of the electrodes includes a portion exposed outside of the container (see Fig. 6 [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to claim wherein the pair of electrodes faces each other and each of the part (i.e., pair) of the electrodes includes a portion exposed outside of the container. One would have been motivated to do so in order to stably detect the toner remaining amount (Kanno [0073]).
Response to Arguments
Applicant's arguments filed 6/24/2026 have been fully considered but they are not persuasive.
Applicant argues that the features of “the conveyance member and the container are configured so that the second end portion of the sheet is maintained in a bent state by contacting an inner surface constituting the first chamber of the container during a period from when the second end portion of the sheet reaches an upstream end of the communication port in a rotation direction of the conveyance member to when the second end portion of the sheet reaches a position corresponding to the detection portion” is not provided for in the claims of the ‘811 patent nor the secondary citations (see pages 9-10 of the Remarks).
However, as outlined in the rejections above, these features are either claimed using slight differences in wording when compared to the ‘811 patent claims, or obvious in view of the secondary citations. The claims, therefore, are subject to nonstatutory double patenting rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLA J THERRIEN whose telephone number is (571)272-2677. The examiner can normally be reached Monday-Friday 8 am - 4 pm EST.
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, Stephanie Bloss can be reached at (571)272-3555. 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.
/CARLA J THERRIEN/Primary Examiner, Art Unit 2852
Prosecution Insights