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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/7/2025 and 6/5/2025 have been considered.
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.
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: developer carrying member, frame, supplying roller in claim 1.
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
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshi et al. (JP 2013-109073).
Regarding claim 1, Yoshi discloses a developing device 4 (fig. 2) comprising: a developer carrying member 45 of which a surface carrying a developer is configured to include a conductive portion and a dielectric portion and capable of carrying the developer by a micro electric field formed on the surface including the conductive portion and the dielectric portion (i.e. electric field between the developing roller and the photoreceptor is applied to the developing roller by a developing bias, see par. 0015); a frame 41 (fig. 2) configured to rotatably support the developer carrying member and constituting a developing container which accommodates the developer (par. 0014); and a regulating member 44b (fig. 2) of which one end portion 44b is constituted as a fixed end fixed to the frame and of which the other end portion opposite to the one end portion 44a is constituted as a free end with respect to a short hand direction perpendicular to a longitudinal direction which is a direction parallel to a rotational axis direction of the developer carrying member (par. 0019, fig. 2), and further comprising no supplying roller configured to supply the developer accommodated in the developing container toward the developer carrying member (fig. 2 shows the developing device 40 has no toner supplying roller), wherein the regulating member contacts the developer carrying member in a state in which a tip portion of the free end 44a faces a downstream side in a rotational direction of the developer carrying member 45 and regulates a thickness of a layer of the developer carried on the developer carrying member 45 to a predetermined thickness (par. 0019, fig. 2), and wherein when an axis which passes through a rotation center of the developer carrying member and faces a direction opposite to a direction of gravity is a Y-axis and an axis which passes through the rotation center and rotates the Y-axis by 900 in a clockwise direction is an X- axis, in a coordinate system in which the rotational direction of the developer carrying member isa counterclockwise direction, the tip portion and the fixed end are disposed in a second quadrant of the coordinate system (see par. 0005, 0019, fig. 2).
Regarding claim 2, Yoshi discloses wherein an angle formed by a rectilinear line connecting the tip portion and an origin of the coordinate system and the Y- axis is 45 degrees or more (see angle between L1 and P, fig. 2).
Regarding claim 3, Yoshi discloses wherein in an initial use state of the developing device and in an attitude in use of the developing device, an uppermost surface of the developer accommodated in the developing container is positioned above the tip portion with respect to the direction of gravity (see fig. 2).
Regarding claim 4, Yoshi discloses wherein the frame 41 includes an opening portion at a position in which the developer carrying member is provided, and includes a sealing member 46 of which one end is fixed to an end portion of the developing container and of which the other end opposite to the one end is constituted as a free end with respect to a direction perpendicular to the longitudinal direction and configured to seal the opening portion at a position corresponding to the opening portion, wherein the sealing member is disposed so that the free end thereof slides the surface of the developer carrying member (see fig. 2).
Regarding claim 5, Yoshi discloses wherein the free end of the sealing member is arranged in a first quadrant of the coordinate system (see fig. 6).
Regarding claim 6, Yoshi discloses wherein in an attitude in use of the developing device, the free end of the sealing member is positioned above the tip portion of the regulating member with respect to a direction of gravity (see fig. 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hoang Ngo whose telephone number is (571)272-2138. The examiner can normally be reached M-F 7:30 am - 4:00 pm.
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/HOANG X NGO/Primary Examiner, Art Unit 2852