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.
Election/Restrictions
Applicant’s election of the species according to the First Embodiment in the reply filed on 06/22/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 5-11, 17, 18, and 21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/22/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the image bearing member being an intermediate transfer member must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
TITLE - 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.
“JUMBO CASE” - The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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: a unit, a drive source, in claim 1; an operation unit in claim 4.
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 Objections
Claim 16 is objected to because of the following informalities: In the passage “after an instruction on transfer to the mode is given from a user”, the phrase “on transfer to” is unconventional. For clarity, the Examiner suggest amending the claim to use “an instruction on transition to the mode”, in correspondence with the specification par. [0139]. Appropriate correction is required.
Claim Rejections - 35 USC § 102
(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) 1-4, 12, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,435,722 to Kato.
Kato teaches:
(claim 1) An image forming apparatus (Fig.1 & 2) comprising:
an image bearing member (1) configured to rotate;
a unit (24) capable of taking a first state in which a part of a surface of the image bearing member is allowed to be exposed to an outside of the image forming apparatus, and a second state in which the surface of the image bearing member is not exposed to the outside of the image forming apparatus;
a drive source (23) configured to drive the image bearing member; and
a control unit (Fig.3) configured to control the drive source, the control unit being configured to execute a mode in which the image bearing member is rotated by the drive source while the unit is in the first state (col.2 lines 57-65).
(claim 2) The image forming apparatus according to claim 1, wherein, in the mode, after the control unit causes the drive source to start the rotation of the image bearing member in a state where a first area of the surface of the image bearing member is exposed to the outside of the image forming apparatus, the control unit is configured to stop the rotation of the image bearing member in a state where a second area of the surface of the image bearing member different from the first area is exposed to the outside of the image forming apparatus (rotation of the drum 1 only while the switch SW is depressed anticipated the claimed second area; col. 3 lines 14-21).
(claim 3) The image forming apparatus according to claim 2, wherein a part of the first area overlaps the second area (rotation of the drum 1 only while the switch SW is depressed anticipated the claimed second area; col. 3 lines 14-21).
(claim 4) The image forming apparatus according to claim 2, further comprising: an operation unit (SW) configured to receive an operation of a user, wherein, in the mode, the control unit is configured to execute a unit operation to rotate the image bearing member by a predetermined amount and then stop the rotation of the image bearing member each time the operation unit is operated (col. 3 lines 14-21).
(claim 12) The image forming apparatus according to claim 1, further comprising: a casing (21) having an opening portion, wherein the unit is an opening/closing member (24) movable between an open position where the opening portion is opened and a closed position where the opening portion is closed, the first state is a state in which the unit is at the open position, and the second state is a state in which the unit is at the closed position, and in a case where the opening/closing member is at the open position, the part of the surface of the image bearing member is allowed to be exposed to the outside of the image forming apparatus through the opening portion (see Fig.2).
(claim 20) The image forming apparatus according to claim 1, wherein the image bearing member is a photosensitive drum (col.2 line 15).
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.
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(s) 13, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4,435,722 to Kato, as applied to claim 12 above, and further in view of US 5,517,281 to Miyashiro.
Regarding claim 13, Kato teaches, image forming apparatus according to claim 12, further comprising: a transfer unit (6) having a transfer member. Kato does not teach the transfer member being movable.
Miyashiro discloses an image forming apparatus (Fig.1) comprising: an image bearing member (3) configured to rotate; a unit (8B) capable of taking a first state in which a part of a surface of the image bearing member is allowed to be exposed to an outside of the image forming apparatus, and a second state in which the surface of the image bearing member is not exposed to the outside of the image forming apparatus; and a casing (8) having an opening portion, wherein the unit is an opening/closing member (upper casing 8B) movable between an open position where the opening portion is opened and a closed position where the opening portion is closed, the first state is a state in which the unit is at the open position, and the second state is a state in which the unit is at the closed position, and in a case where the opening/closing member is at the open position, the part of the surface of the image bearing member is allowed to be exposed to the outside of the image forming apparatus through the opening portion; and further comprising a transfer unit having a transfer member (2), wherein the transfer unit is movable to a first position where a transfer portion where a toner image is transferred from the image bearing member to a member to be transferred is formed between the transfer member and the image bearing member and to a second position where the transfer member is separated from the image bearing member, and the part of the surface of the image bearing member is exposed to the outside of the image forming apparatus through the opening portion in a state where the opening/closing member is at the open position and the transfer unit is at the second position (Fig.1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the claimed mode in Kato to an image forming apparatus configured as in Miyashiro, for at least the purpose of enabling rotation of the image bearing member for visual inspection, thus facilitate servicing of the apparatus.
The modification above further renders obvious:
(claim 15) The image forming apparatus according to claim 13, wherein in the mode, the control unit is configured to cause the drive source to rotate the image bearing member in a state where the opening/closing member is at the open position and the transfer unit is at the second position (Miyashiro: Fig.11).
(claim 16) The image forming apparatus according to claim 13, further comprising: a detection unit (Kato: MS) configured to output a detection signal according to whether or not the opening/closing member is at the closed position, wherein the control unit is configured to, after an instruction on transfer to the mode is given from a user (e.g., opening the door 24), start the mode (upon activation of switch SW) in a case where the control unit detects that the opening/closing member is moved from the closed position to the open position on a basis of the detection signal of the detection unit (open/close detector switch MS activation turns off switch controller SSR1 to enable the mode).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4,435,722 to Kato, as applied to claim 1 above, and further in view of US 5,517,281 to Miyashiro.
Regarding claim 19, Kato teaches image forming apparatus according to claim 1, further comprising: a fixing unit (11) that includes a pair of rotary members configured to rotate and that is configured to fix a toner image on a recording material while nipping and conveying the recording material at a nip portion of the pair of rotary members (Fig.1). Kato appears silent about driving of the rotary members.
Miyashiro, discloses an image forming apparatus (Fig.1); the apparatus body is divided into a lower casing 8A, an upper casing 8B and a fixing portion casing 8C in order to deal with a jam. The upper casing 8B can be rotated about a first hinge 9A so as to be vertically opened relative to the lower casing 8A, exposing a surface of photosensitive drum 3 to the outside. Miyashiro further discloses, when the upper casing is open, driving of the transfer drum 2 and the fixing device 5 is disabled (col. 4 line 57 - col. 5 line 38).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the claimed mode in Kato to an image forming apparatus having an apparatus body configured as in Miyashiro, for at least the purpose of enabling rotation of the image bearing member for visual inspection, thus facilitate servicing of the apparatus. The resulting apparatus thus renders obvious, an image forming apparatus according to claim 1 wherein the drive source is configured to rotationally drive the pair of rotary members, and at least one rotary member of the pair of rotary members is configured not to be rotationally driven by the drive source during execution of the mode.
Claim(s) 1, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,517,281 to Miyashiro in view of US 4,435,722 to Kato.
Miyashiro discloses:
Regarding claim 1, an image forming apparatus (Fig.1) comprising:
an image bearing member (3) configured to rotate;
a unit (8B) capable of taking a first state in which a part of a surface of the image bearing member is allowed to be exposed to an outside of the image forming apparatus, and a second state in which the surface of the image bearing member is not exposed to the outside of the image forming apparatus;
a drive source (22, Fig.11) configured to drive the image bearing member; and
a control unit (Fig.3) configured to control the drive source.
Miyashiro further teaches the first state enables a jam to be easily dealt with, but appears silent about a mode in which the image bearing member is rotated by the drive source while the unit is in the first state.
Kato teaches an image forming apparatus is which a control unit (Fig.3) is configured to control a drive source (23) configured to drive an image bearing member (1), the control unit being configured to execute a mode in which the image bearing member is rotated by the drive source while a door (24) is open exposing a surface of the image bearing member (col.2 lines 57-65). Kato teaches the mode useful in checking proper condition of the image bearing member for image formation.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to configure the control unit of Miyashiro to execute a mode in which the image bearing member is rotated by the drive source while the unit is in the first state to enable an operator to check that the image bearing member is in proper condition for image formation upon clearing a jam.
The combination further renders obvious:
(claim 12) The image forming apparatus according to claim 1, a casing (8) having an opening portion, wherein the unit is an opening/closing member (upper casing 8B) movable between an open position (Miyashiro: Fig.10) where the opening portion is opened and a closed position (Miyashiro: Fig.9) where the opening portion is closed, the first state is a state in which the unit is at the open position, and the second state is a state in which the unit is at the closed position, and in a case where the opening/closing member is at the open position, the part of the surface of the image bearing member is allowed to be exposed to the outside of the image forming apparatus through the opening portion.
(claim 13) The image forming apparatus according to claim 12, further comprising: a transfer unit having a transfer member (Miyashiro: 2), wherein the transfer unit is movable to a first position (Fig.10) where a transfer portion where a toner image is transferred from the image bearing member to a member to be transferred is formed between the transfer member and the image bearing member and to a second position (Fig.9) where the transfer member is separated from the image bearing member, and the part of the surface of the image bearing member is exposed to the outside of the image forming apparatus through the opening portion in a state where the opening/closing member is at the open position and the transfer unit is at the second position (Miyashiro: Fig.10).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,517,281 to Miyashiro in view of US 4,435,722 to Kato, as applied to claim 13 above, as further in view of JP H09185302 to Matsumoto et al.
Regarding claim 14, neither Miyashiro nor Kato suggest wherein in the mode, the control unit is configured to cause the drive source to rotate the image bearing member in a state where the opening/closing member is at the open position and the transfer unit is at the first position.
Matsumoto discloses a cleaning mode for an image forming apparatus in which a cleaning member (14 or 15) is fed to a nip formed between a drum (3) and a transfer roller (4); when a user recognizes “drum fusion” on the surface of the drum, the image forming apparatus is set in the cleaning mode for removing welding and the cleaning member is allowed to pass the nip portion from a manual feeding tray, so that unnecessary substance such as the welding on the drum is removed.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modified the mode such that if residual toner (i.e., welding, drum fusion) is identified on the surface of the image bearing member during visual inspection (according to the modification in view of Kato), a cleaning operation is performed, as suggested by Matsumoto’s teachings) such that, in the mode, the control unit is configured to cause the drive source to rotate the image bearing member in a state where the opening/closing member is at the open position and the transfer unit is at the first position, for at least the purpose of preventing image defects.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP 2007-292984 is relevant to the teachings of actuation of a roller protecting means that is automatically performed with an opening/closing operation of an opening/closing cover of the image forming apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARLENE HEREDIA whose telephone number is (571)272-8393. The examiner can normally be reached M-F: 9:30-5:30.
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.
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/Arlene Heredia Ocasio/ Primary Examiner, Art Unit 2852
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