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 .
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 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, line 10, the pivotal end of the cover “and one end in a second direction” does not make sense. It is suggested applicant rephrase this passage.
In claim 1, line 19, changed “facing” to -- faces --.
In claims 6 and 9, the applicant recites a “second cover” which lacks proper antecedent basis.
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 1-5 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hashimoto et al. (U.S. 2013/0266340).
Regarding claim 1, Hashimoto et al. teach an image forming apparatus 100 (Fig.13) including a main housing 11, a first cover 2 which is pivotable between a first cover open position (Fig.2) in which a first opening is formed and a first cover closed position (Fig.13) at which the first opening is closed; the first cover 2 pivots about a first pivot axis 13 located at a lower vertical direction than the top of the first cover 2 (Fig.13); when the cover is in the first cover open position, a process cartridge 4 is detachable through the first opening; the process cartridge including a photosensitive drum 201 rotatable about an axis extending in a first direction (into and out of paper as seen in Fig.14); the process cartridge includes a reception port 24 which receives toner from a toner cartridge 3. As seen in Fig.s 2, 13, the first cover 2 includes a side wall 1b,2b (applicant’s first portion) that extends vertically when the cover is closed and an upper wall 1a (applicant’s second portion) and extends in a second direction perpendicular to the first direction and the vertical direction (left to right in Fig.2). When the first cover 2 is closed, the bottom wall 2a of the cover will face the reception port 24 of the process cartridge when the cartridge is installed into the image forming apparatus as seen in Fig.1. See par. 28-31,36-38,44,56,59.
Regarding claim 2, the first cover 2 includes a second cover 1 which pivots between a closed position and an open position (Fig.s 1 and 13); the second cover covering a second opening which is a space in which developer containers 3 are attached; the second opening faces the reception port 24 of the process cartridge (see Fig.4).
Regarding claim 3, the main housing 11 includes a front surface (right or left side of housing 11 in Fig. 13) located at one end of the main housing in the second direction and an upper surface (at least the surface above the fixing device 510 and discharge rollers 17 in Fig.13) located at an upper end of the main housing in the vertical direction; the first opening is formed at the front and upper surface of the main housing; the first cover having an L-shape when viewed in the first direction (L-shape is right side of first cover near pivot axis 13 or the left side of first cover and upper surface of first cover, i.e. upper wall 1a of second cover).
Regarding claim 4, the second cover 1 and the first cover 2 can pivot about pivot axis 13 individually or in an integrated manner; the pivot axis for both being the same and thus are parallel to each other.
Regarding claim 5, the process cartridge 4 would be attached when the first (and second) cover is in the open position as seen in Fig.2 and from a front one end side toward an opposite other side of the main housing (left to right in Fig.2); the first and second pivot axis extend in the first direction; the process cartridge is attached in a direction that crosses the second (into and out of page) direction.
Regarding claim 9, the second cover 1 is located at the upper most portion of the main housing in the vertical direction, the first portion 1b, 2b of the covers can be located at the front end of the main housing which is at one end of the main housing (left side of housing in Fig.2).
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 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto et al. (U.S. 2013/0266340).
Hashimoto et al. additionally teach a discharge tray on the upper surface of the main housing however the position of the reception port of the process cartridge being in the center portion of the process cartridge in the first direction (and necessarily overlaps with the discharge tray when viewed in the second direction) is not taught. However, it would have been obvious that the concept of supplying toner to the center region of a process cartridge/developing cartridge is notoriously well known in the art for the purpose of eliminating the need to convey the developer from a lateral side to a central position of the process cartridge of which the examiner takes Official Notice.
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 6, the main housing having a one end and an other end in the second direction, the first cover being located at the one end of the main housing; the first cover configured to open in a direction from the other end toward the one end of the housing; the second cover having a front end and a rear end in the second direction, the rear end being closer to the other end of the main housing than the front end is, the second pivot axis being located at the rear end of the second cover; the second cover is configured to open from the one end toward the other end of the main housing in the second direction which is not taught, suggested or rendered obvious by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hiramatsu et al., Hata, Okamura, Sato ‘353, Kato et al., Sato ‘544, and Sato et al. ‘708 all teach openable/closable covers for supplying toner which are relevent to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT B BEATTY whose telephone number is (571) 272-2130. The examiner can normally be reached on M-F from 7 to 3.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Stephanie Bloss, can be reached on (571) 272-3555. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-2130.
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/ROBERT B BEATTY/Primary Examiner, Art Unit 2852