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 .
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.
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.
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:
“pressing member” in claim 1;
“pressing urging member” in claim 1; and
“counter-urging member” in claim 5.
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 § 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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamada (US 7,080,836 B2).
Regarding claim 1, Hamada discloses a sheet conveying device comprising: a first roller (5,7) and a second roller (4,6) that constitute a pair of conveying rollers rotatably disposed opposite each to convey a sheet; and at least one pressing portion 11 that presses the first roller toward the second roller at a position inward of opposite end parts of the pair of conveying rollers along an axial direction, wherein the pressing portion includes: a pressing member 13 that contacts the first roller from a side thereof opposite from the second roller; and a pressing urging member 12 that urges the pressing member toward the second roller, and the first roller has a step portion 7 that is formed in an outer circumferential part of the first roller all over a circumference thereof, the step portion having an outer diameter smaller than an outer diameter of a contact region 5 with the second roller, the step portion being contacted by the pressing member.
Regarding claim 2, Hamada discloses the sheet conveying device according to claim 1, wherein the pressing portion 11 is disposed at a middle of the pair of conveying rollers along the axial direction. See, e.g., Fig. 2.
Regarding claim 3, Hamada discloses the sheet conveying device according to claim 1, wherein with the pressing urging member 12 the pressing portion 11 urges the pressing member 13 upstream of a center axis of the second roller (4,6) in a sheet conveyance direction. See, e.g., Fig. 3a.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hamada.
Regarding claim 4, Hamada discloses everything claimed, except Hamada lacks the disclosure of the first roller being a driving roller that rotates by being fed with a driving force, and the second roller being a driven roller that rotates by following the first roller by staying in contact with the first roller. Hamada teaches the first roller being a follower roller, and the second roller being a driving roller. Col. 5, lines 1-12. It would have been obvious to a person having ordinary skill in the art at the time of the effective filing date to have the first roller be a driving roller that rotates by being fed with a driving force, and the second roller be a driven roller that rotates by following the first roller by staying in contact with the first roller, as an obvious reversal of parts, in order to fit the transmission appropriately into the device.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hamada in view of Suzuki (US 2022/0162025 A1).
Regarding claim 6, Hamada lacks the explicit disclosure of an image forming apparatus comprising the sheet conveying device according to claim 1. Suzuki teaches the use of an image forming device and image reading device together on a single body, in order to both scan and print documents. Suzuki, par. 24. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the effective filing date to add an image forming device to the device of Hamada, in order to both scan and print documents.
Regarding claim 7 the device of Hamada as modified by Suzuki above comprises the image forming apparatus according to claim 6, wherein the pair of conveying rollers (Hamada, 5,7 and 4,6) is a pair of registration rollers that conveys the sheet while correcting skewed conveyance of the sheet. These rollers function to correct skew, as a skewed sheet entering the nip would deskew upon the leading edge touching the nip and encountering resistance.
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the nearest prior art does not teach or suggest the claimed subject matter. For example, Hamada does not disclose everything claimed, including
a bush member that is supported on the body frame so as to be movable along a radial direction of the first roller, the bush member rotatably supporting the second roller; and a counter-urging member that urges the bush member in such a direction that the second roller comes closer to the first roller
in combination with the rest of the claimed elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Jeong (US 2007/0069456 A1) and Yang (US 2022/0162024 A1) disclose roller pairs biased together.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeremy R. Severson, whose telephone number is (571)272-2209. The examiner can normally be reached Monday through Friday.
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, Duane Smith, can be reached at (571) 272-1166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY R SEVERSON/Primary Examiner, Art Unit 1759