Prosecution Insights
Last updated: October 02, 2026
Application No. 19/068,029

IMAGE FORMING APPARATUS AND METHOD

Final Rejection §102§103
Filed
Mar 03, 2025
Priority
May 17, 2024 — JP 2024-081240
Examiner
ELEY, JESSICA L
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kabushiki Kaisha Toshiba
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
658 granted / 789 resolved
+15.4% vs TC avg
Moderate +6% lift
Without
With
+5.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
16 currently pending
Career history
815
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
52.0%
+12.0% vs TC avg
§102
40.7%
+0.7% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 789 resolved cases

Office Action

§102 §103
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 . Response to Arguments Applicants’ arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 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, 2, 5, 6, 9 ,10, 13, 16, 17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato US 2020/0257229 A1 (Sato). Regarding claim 1, Sato teaches an image forming apparatus, comprising: a fixing component (50) configured to pressurize a sheet to fix an image onto the sheet (¶0055); and a determining component (controller 80) that determines if the sheet is a first sheet with without a wireless tag (220) or second sheet with a wireless tag (and the position of said tag, ¶0075); and a fixing controller (300, ¶0102-¶0105) configured to perform, on the fixing component, a first control for pressurizing a first sheet not including a wireless tag with a first load (second pressure) and a second control for pressurizing a second sheet including the wireless tag with a second load (first pressure) lower than the first load (¶0102-¶0105). Regarding claim 2, Sato teaches the image forming apparatus according to claim 1, wherein when an image density of the second sheet is equal to or lower than a predetermined value (because of the presence of the wireless tag), the fixing controller performs the second control (¶0102-¶0105). Regarding claim 5, Sato teaches the image forming apparatus according to claim 1, wherein when the sheet is pressurized, the fixing component pressurizes the sheet at a predetermined fixing temperature, and the fixing controller controls a fixing temperature in the second control to a temperature higher than a fixing temperature in the first control (¶0115). Regarding claim 6, Sato teaches the image forming apparatus according to claim 1, wherein the fixing component comprises an endless heating belt (51) that heats the sheet and a pressure roller configured to be pressed against the endless heating belt (¶0056). Regarding claim 9, Sato teaches an image forming method (FIG. 17) executed by an image forming apparatus including a fixing component configured to pressurize a sheet to fix an image onto the sheet, the method comprising: determining if the sheet is a first sheet with without a wireless tag or second sheet with a wireless tag (Act 51, ¶0102-¶0105) performing, on the fixing component, a first control (Act 56) for pressurizing the first sheet not including a wireless tag with a first load (second pressure) and a second control (Act 57) for pressurizing a second sheet including the wireless tag with a second load lower than the first load (¶0102-¶0105). Regarding claim 10, Sato teaches the image forming method according to claim 9, further comprising: when an image density of the second sheet is equal to or lower than a predetermined value (because of the presence of the wireless tag), performing the second control (¶0102-¶0105). Regarding claim 13, Sato teaches the image forming method according to claim 9, further comprising: when the sheet is pressurized, pressurizing the sheet at a predetermined fixing temperature, and controlling a fixing temperature in the second control to a temperature higher than a fixing temperature in the first control (¶0115). Regarding claim 16, Sato teaches a multifunction peripheral, comprising: an image processing component (10); an image forming component (20); a fixing component (50) configured to pressurize a sheet to fix an image onto the sheet; a determining component (controller 80) that determines if the sheet is a first sheet with without a wireless tag (220) or second sheet with a wireless tag (and the position of said tag, ¶0075); and a fixing controller (80) configured to perform, on the fixing component, a first control for pressurizing the first sheet not including a wireless tag with a first load and a second control for pressurizing the second sheet including the wireless tag with a second load lower than the first load (¶0026-¶0032). a fixing controller (300, ¶0102-¶0105) configured to perform, on the fixing component, a first control for pressurizing the first sheet not including a wireless tag with a first load (second pressure) and a second control for pressurizing the second sheet including the wireless tag with a second load (first pressure) lower than the first load (¶0102-¶0105), wherein the second load is low enough to avoid damage to the wireless tag present on the send sheet from pressurizing (¶0062). Regarding claim 17, Sato teaches the multifunction peripheral according to claim 16, wherein when an image density of the second sheet is equal to or lower than a predetermined value (because of the presence of the wireless tag), the fixing controller performs the second control (¶0102-¶0105). Regarding claim 20, Sato teaches the multifunction peripheral according to claim 16, wherein when the sheet is pressurized, the fixing component pressurizes the sheet at a predetermined fixing temperature, and the fixing controller controls a fixing temperature in the second control to a temperature higher than a fixing temperature in the first control (¶0115). 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. Claim(s) 3-4, 11-12, 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato US 2020/0257229 A1 (Sato) and Watanabe US 2018/0067425 A1 (Watanabe). Regarding claims 3, 11 and 18 Sato teaches the image forming apparatus according to claim 1. Sato differs from the instant claimed invention by not explicitly disclosing: double-sided printing. However this is a well-known modification. Watanabe teaches double-sided printing (duplex) on the second sheet (¶0034-¶0035). When the teaching of Watanabe and Sato are combined the need to preserve the wireless tag would result in the fixing controller performing the first control when a first side is printed and performs the second control when a second side is printed (in the case where the wireless tag is on the second side, ¶0026-¶0032). It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teaching of Watanabe where duplex printing occurs with sheets that contain storage tags with the device taught by Sato where tags are preserved by moderating the pressure applied, since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results, namely duplex print of sheets with RFID tags. Regarding claims 4, 12 and 19, Sato and Watanabe teach the image forming apparatus according to claim 3. Furthermore in the combination of Sato and Watanabe, Sato teaches in double-sided printing on the second sheet, the fixing controller performs the first control on a first side to be printed earlier and performs the second control on a second side to be printed later (in a case when the wireless tag is on the back). It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teaching of Watanabe where duplex printing occurs with sheets that contain storage tags with the device taught by Sato where tags are preserved by moderating the pressure applied, since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results, namely duplex print of sheets with RFID tags. Claim(s) 7, 8, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato US 2020/0257229 A1 (Sato) and Okayasu et al. US 2020/0241454 A1 (Okayasu). Regarding claims 7 and 14, Sato teaches the image forming apparatus according to claim 1. Sato differs from the instant claimed invention by not explicitly disclosing: using the printing ratio to set the pressure. However this is a known configuration. Okayasu teaches adjusting the fixing temperature pasted on the printing ratio (¶0040-¶0041). It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teaching of Sato to include accounting for the printing ration as taught by Okayasu since the method taught by Okayasu not only reduces the amount of heating necessary but does so at a lower cost (Okayasu ¶0072). Regarding claims 8 and 15, Sato teaches the image forming apparatus according to claim 1. Sato differs from the instant claimed invention by not explicitly disclosing: accounting for the printing ratio to control the pressure applied in the fixing apparatus. Okayasu teaches adjusting the fixing temperature pasted on the printing ratio (¶0040-¶0041). It would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teaching of Sato to include accounting for the printing ration as taught by Okayasu since the method taught by Okayasu not only reduces the amount of heating necessary but does so at a lower cost (Okayasu ¶0072). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA L ELEY whose telephone number is (571)272-9793. The examiner can normally be reached on Monday-Friday 8:30 AM - 5:00 PM CST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Jr. Lindsay can be reached on (571)272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JESSICA L ELEY/ Examiner, Art Unit 2852
Read full office action

Prosecution Timeline

Mar 03, 2025
Application Filed
Apr 13, 2026
Non-Final Rejection mailed — §102, §103
Jul 06, 2026
Response Filed
Sep 16, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12748374
IMAGE FORMING APPARATUS
1y 12m to grant Granted Sep 29, 2026
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3y 1m to grant Granted Sep 22, 2026
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Patent 12736898
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1y 7m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
89%
With Interview (+5.8%)
2y 1m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 789 resolved cases by this examiner. Grant probability derived from career allowance rate.

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