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 (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.
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: operation portion in claims 1, 3-5, 7-9; display portion in claims 1, 4, 8; notification portion in claims 1, 2, 6; light emitting portion in claims 2, 3, 5; sound generation portion in claims 6, 7, 9; notification device in claim 10.
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.
Claim(s) 1-2 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (WO 2023/069138; “Kim”).
Regarding claim 1, Kim discloses an image forming apparatus for forming an image on a recording material (Fig. 1 [0020]), comprising:
an apparatus main body 10 having an image forming portion (print engine) that forms an image on a recording material P (Fig. 1 [0022]); and
an operation portion 100 that has a display portion 110 that displays information on image forming and a notification portion 120 that notifies a state of the image forming apparatus (Fig. 2 [0028-0029, 0044, 0046]), the operation portion 100 being slidably provided in the apparatus main body 10 between a first position (extraction position) where the entirety of the display portion 110 is exposed from the apparatus main body 10 and a second position (insertion position, or alternatively, a position between the extraction position and insertion position) where the display portion 110 is stored in the apparatus main body 10 such that at least a part of the display portion is invisible from outside the apparatus main body (Fig. 2 [0030-0031]),
wherein the notification portion 120 is provided in a position where the notification portion is visible from outside the apparatus main body 10 when the operation portion is in the second position (Fig. 2 [0032]).
Regarding claim 2, Kim discloses the image forming apparatus according to claim 1, wherein the notification portion has a light emitting portion (e.g., LCD, LED, DLP) that emits light, the notification portion being configured to notify the status of the image forming apparatus by the lighting of the light emitting portion (Fig. 5 [0029, 0044]).
Regarding claim 10, Kim discloses the image forming apparatus according to claim 1, further comprising: a controller 140 (Fig. 3) that controls a notification device 160 provided to be always exposed outside the apparatus main body 10 such that the state of the image forming apparatus is notified in synchronism with a timing of the notifying portion notifying the state of the image forming apparatus (Fig. 5 [0037, 0048]).
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.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (WO 2023/069138) in view of Asakawa et al. (JP 2012-010137; “Asakawa”). (Note: paragraphs of Asakawa correspond to the machine translation of Asakawa provided herewith.)
Regarding claim 3, Kim discloses the image forming apparatus according to claim 2, wherein a light amount of the light emitting portion is adjustable (controlling a light-emission color, a light-emission period, and the like of the light-emitting element 160 which may be a part of 120; [0048]).
Kim fails to explicitly disclose wherein the light emitting portion emits light with a first light amount when the operation portion is in the first position and the light emitting portion emits light with a second light amount larger than the first light amount when the operation portion is in the second position.
Asakawa teaches providing a light emitting portion L1-L4 within a notification portion 7 of an operation portion 5 in a similar image forming apparatus 1 (Fig. 1 [0030]). Further, Asakawa teaches controlling a light amount of the light emitting portion L1-L4 such that the amount of light directed forward (horizontally) is made greater than the amount of light directed upward, so that a user can more easily visually recognize information displayed from a distance while an appropriate amount of light that is gentle on the eyes is directed to a user who is standing near the apparatus ([0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the light emitting portion of Asakawa into the apparatus of Kim. In doing so, it would have further been obvious light the light emitting portion with a first light amount when the operation portion is in the first position and to light the light emitting portion with a second light amount larger than the first light amount when the operation portion is in the second position. One of ordinary skill in the art would recognize that the apparatus of Kim requires a user to be physically present at the apparatus in order to manually slide the operation portion from the second position (that in which the operation portion is either fully inserted) to the first position (Kim [0031]), and that if the operation portion was in the second position, i.e., fully inserted, a user could be at a greater distance away from the apparatus and still be able to view the notification portion. One would have been motivated to make this modification in order to allow a user to more easily visually recognize information displayed from a distance while providing an appropriate amount of light that is gentle on the eyes directed to a user who is standing near the apparatus (Asakawa [0038]).
Regarding claim 4, modified Kim teaches the image forming apparatus according to claim 3, wherein the operation portion is movable to the first portion, the second position (in the alternative, a position between fully extracted and fully inserted), and a third position (insertion position) where the operation portion is stored in the apparatus main body such that the entirety of the display portion is invisible from outside (Kim Fig. 2 [0030]).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (WO 2023/069138) in view of Sakata et al. (US 2003/0218643; “Sakata”).
Regarding claim 6, Kim discloses the image forming apparatus according to claim 1, but fails to disclose wherein the notification portion has a sound generation portion that emits sound, and wherein the notification portion is configured to notify the state of the image forming apparatus by the sound emitted by the sound generation portion.
Sakata teaches providing a sound generation portion 12e that emits sound to a notification portion 12a/12e of an operation portion 12 of an image forming apparatus 1 (Figs 1-2 [0044]), wherein the notification portion is configured to notify the state of the image forming apparatus by the sound emitted by the sound generation portion ([0055]).
Based on the teachings of Sakata, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a sound generation portion that emits sound in the notification portion of Kim, and wherein the notification portion is configured to notify the state of the image forming apparatus by the sound emitted by the sound generation portion. One would have been motivated to make this modification in order to guide handicapped persons (for example, the completely blind and the weak-sighted person) with sounds for operating the image forming apparatus (Sakata [0061]).
Regarding claim 7, modified Kim teaches the image forming apparatus according to claim 6, wherein a volume of the sound generation portion is adjustable (Sakata [0020]).
Modified Kim does not explicitly teach the sound generation portion emits sound with a first volume when the operation portion is in the first position and the sound generation portion emits sound with a second volume larger than the first volume when the operation portion is in the second position.
However, in modifying Kim to include the sound generation portion/speaker on the operation portion that slides into and out of the image forming apparatus, it would have been apparent to one of ordinary skill in the art that sound emitted from the speaker would be muffled when the operation portion was housed within the image forming apparatus. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure the apparatus such that the sound generation portion emits sound with a first volume when the operation portion is in the first position and the sound generation portion emits sound with a second volume larger than the first volume when the operation portion is in the second position. One would have been motivated to make this modification in order for a user to be able to hear the emitted sound when the operation portion is housed within the apparatus.
Regarding claim 8, modified Kim teaches the image forming apparatus according to claim 7, wherein the operation portion is movable to the first portion, the second position (in the alternative, a position between fully extracted and fully inserted), and a third position (insertion position) where the operation portion is stored in the apparatus main body such that the entirety of the display portion is invisible from outside (Kim Fig. 2 [0030]).
Allowable Subject Matter
Claims 5 and 9 are 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.
Prior art of record does not disclose or suggest the claimed “wherein the light emitting portion emits light with a third light amount larger than the second light amount when the operation portion is in the third position” in combination with the remaining limitations of claim 5.
Prior art of record does not disclose or suggest the claimed “wherein the sound generation portion emits sound with a third volume larger than the second volume when the operation portion is in the third position” in combination with the remaining limitations of claim 9.
Although modified Kim teaches the operation portion able to be positioned at the claimed first through third positions, it would not have been obvious to increase the light amount or the volume amount when positioned at each of the first through third positions. One of ordinary skill in the art would have only found it obvious to increase the light amount or the volume amount at the third position (fully inserted position) versus the first position (fully exposed position). There is no teaching or suggestion of increasing the light amount or the volume amount when the operation portion is in the second position between the first and third positions.
Prior Art
The prior art made of record on form PTO-892 provided herewith and not relied upon is cited as related art.
Conclusion
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