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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-6 and 8-10 is/are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by Ohmiya et al. (US 2014/0072315).
With respect to claims 1 and 10, Ohmiya et al. disclose an image forming method and/or apparatus comprising: an image forming portion (e.g., item 112) configured to form an image on a transfer object (e.g., item 114) based on input image data; a first image processing portion configured to execute a normal image forming process (e.g., item 220) in which a print image is formed in a predetermined print area on the transfer object by the image forming portion based on print target image data; and a second image processing portion configured to, when a predetermined execution condition (e.g., S110) is satisfied, execute a detection image forming process in which a detection image (e.g., 210) that is used for adjusting an image forming condition in the image forming portion, is formed by the image forming portion in an area outside the print area on the transfer object (as shown at least by fig. 6), wherein in a case where, after the detection image forming process is started during execution of the normal image forming process, the normal image forming process ends before the detection image forming process ends (as shown at least by figs. 7 and/or 6), the second image processing portion switches (e.g., S111) between continuing and not continuing the detection image forming process in accordance with a predetermined switch condition (as shown at least by figs. 6, 7 10 and/or 11, and/or as discussed at least in paragraph 90).
With respect to claim 4, Ohmiya et al. further disclose wherein in a case where the detection image forming process is not continued after the normal image forming process ends, the second image processing portion executes the detection image forming process again from a start after the normal image forming process ends (as shown at least by figs. 4-11, particularly by the sheet interval of fig. 10).
With respect to claim 5, Ohmiya et al. further disclose wherein the second image processing portion does not form the detection image on the transfer object during an inter-sheet period in which the print image is not formed on the transfer object in the normal image forming process, and when executing the detection image forming process again from a start after the normal image forming process ends, forms the detection image on the transfer object during the inter-sheet period in a case where it is assumed that the normal image forming process is continuing (as shown at least by figs. 4-11, particularly by the sheet interval of fig. 10).
With respect to claim 6, Ohmiya et al. further disclose wherein in a case where the normal image (e.g., “printing image”) forming process ends (e.g., at tk2) before the detection image forming process ends (e.g., at tk3), and the detection image (e.g. “test pattern”)forming process is not continued after the normal image forming process ends, the second image processing portion executes the detection image forming process (e.g., at tk5) when a next normal image forming process is executed.
With respect to claim 8, Ohmiya et al. further disclose wherein in a case where the normal image forming process ends before the detection image forming process ends, the second image processing portion switches between continuing and not continuing the detection image forming process in accordance with a setting set by a user operation (as shown at least by figs. 4-11).
With respect to claim 9, Ohmiya et al. further disclose wherein in a case where the normal image forming process ends before the detection image forming process ends, the second image processing portion switches between continuing and not continuing the detection image forming process in accordance with content of the print target image data (as discussed at least in paragraph 83 and/or as shown at least by item 220).
Claim Rejections - 35 USC § 103
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 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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohmiya et al. (US 2014/0072315) in view of Nishina et al. (US 2014/0072351).
With respect to claim 2, Ohmiya et al. disclose the image forming apparatus of claim 1 as discussed above, but does not disclose wherein the second image processing portion does not form the detection image on the transfer object during an inter-sheet period in which the print image is not formed on the transfer object in the normal image forming process, and in a case where the detection image forming process is continued after the normal image forming process ends, does not form the detection image on the transfer object during the inter-sheet period in a case where it is assumed that the normal image forming process is continuing.
With further respect to claim 2, Nishina et al. teache wherein the second image processing portion does not form the detection image on the transfer object during an inter-sheet period in which the print image is not formed on the transfer object in the normal image forming process, and in a case where the detection image forming process is continued after the normal image forming process ends, does not form the detection image on the transfer object during the inter-sheet period in a case where it is assumed that the normal image forming process is continuing (as shown at least by fig. 3 and/or as discussed at least in paragraph 45).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have the second image processing portion not form the detection image during an inter-sheet period as taught by Nishina et al. in the method and apparatus of Ohmiya et al. at least because there would have been a reasonable expectation of success in conserving resources by not forming unnecessary images.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohmiya et al. (US 2014/0072315) in view of Noguchi et al. (US 2006/285863).
With respect to claim 3, Ohmiya et al. disclose the image forming apparatus according to claim 1 (as discussed above), but do not disclose wherein the second image processing portion does not form the detection image on the transfer object during an inter-sheet period in which the print image is not formed on the transfer object in the normal image forming process, and in a case where the detection image forming process is continued after the normal image forming process ends, forms the detection image on the transfer object during the inter-sheet period in a case where it is assumed that the normal image forming process is continuing.
With further respect to claim 3, Noguchi et al. teach wherein the second image processing portion does not form the detection image (e.g., 62) on the transfer object during an inter-sheet period (e.g., between 901 and 902, and/or between 902 and 903) in which the print image is not formed on the transfer object in the normal image forming process, and in a case where the detection image forming process is continued after the normal image forming process ends, forms the detection image on the transfer object during the inter-sheet period in a case where it is assumed that the normal image forming process is continuing (as shown at least by fig. 9 and/or as discussed at least in paragraphs 87-88).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to form the detection image during the inter-sheet period when it is assumed that normal image forming is continuing as taught by Noguchi et al. in the apparatus and/or method of Ohmiya et al. at least because there would have been a reasonable expectation of success in detecting said detection image.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Nakane (US 6553191) disclose forming a detection image on a transfer object based on image data; Mori (US 2011/0123202) discloses forming a detection pattern in an inter sheet area, Oba et al. (US 2023/0080093) discloses forming a detection image on a transfer object outside of a normal image area.
Allowable Subject Matter
Claim 7 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 an examiner’s statement of reasons for indicating allowable subject matter: The prior art of record does not disclose or suggest the claimed execution of the detection image forming process after the normal image forming process ends, in a case where an event in which the normal image forming process ends before the detection image forming process ends, and the detection image forming process is not continued after the normal image forming process ends, has occurred a predetermined number of times continuously, in combination with the remaining claim elements as set forth in the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S WONG whose telephone number is (571)272-8457. The examiner can normally be reached Monday-Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter L Lindsay Jr. can be reached at (571) 272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH S WONG/Primary Examiner, Art Unit 2852
JSW