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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 3 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 3, the applicant describes that “at least a part of the second position of the fixing unit overlaps with the opening/closing member positioned at the closed position when viewed in the longitudinal direction of the fixing unit” which is not described clearly in the specification. Additionally, in the specification, page 9, par. 44 and referring to Fig.3-4, the applicant describes the fixing unit 80 at the second position at least partially overlapping with the door 20 positioned at the open position viewed in the longitudinal direction which is unclear and does not clarify claim 3.
Referring to Fig.4, one sees the fixing unit 80 at the second position and which clearly does not overlap the door 20. Further, the door 20 must be in the open position for the fixing device to be at the second position. At least a portion of the fixing device at the second position overlapping a closed door is not described in the specification nor can it operate in this fashion. The applicant should amend the specification and claims accordingly.
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 1-3,5,13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (U.S. 2005/0031376).
Regarding claim 1, Suzuki teach an image forming apparatus 1 (Fig. 1) including an apparatus body 3 provided with an opening which is opened and closed via a opening/closing cover 50; a fixing unit 15 for fixing a toner image to a sheet is supported in the apparatus body so as to be attachable/detachable from the apparatus body via the opening (par.25); the fixing device is supported by a moving unit which includes a support frame 57, slide guide rails 53,54, and roller pairs 55a, 55b, 56a, 56b which are configured to move the fixing device from a first position inside the apparatus body to a second position outside the apparatus body (Fig.1,5, par.47); the movement of the fixing device occurs when the cover is in the open position and therefore it is restricted from moving to the second outside position when the cover is closed; the moving unit includes a support portion (frame) 57 which supports the fixing unit when the fixing unit is located at the second outside position and a restricting portion (oscillation lever) 40 secures the fixing device to the support frame 57 thus preventing dropping/detachment of the fixing device unless the restricting portion is manipulated (see 4,5; par. 32-52, 47-51).
Regarding claim 2, the support portion 57 supports the fixing device from below and extends in the longitudinal direction of the fixing device 15 (Fig.5).
Regarding claim 3, the fixing unit 15 positioned at the first position does not overlap with the cover 30 when the cover is closed as viewed in the longitudinal direction of the fixing unit.
Regarding claim 5, since the restricting portion secures the fixing device to the support frame and the cover being in the open position is below the fixing device when the fixing device is located at the second position (see Fig.1), the restricting portion restricts dropping of the fixing device from the support portion toward the cover positioned at the open position.
Regarding claim 13, the moving unit is movable between an accommodating position when the opening/closing member is in the closed position and a supporting position when the moving member is at the second position; the fixing unit including a heating roller 16 and a pressure roller 17 configured to nip a sheet together with the heating roller; at least a portion of the restricting unit 40 is positioned above the upper end of the pressure roller since the restricting unit 40 extends from the bottom to the top of the fixing device as shown in Fig.3 or 6.
Regarding claim 14, the restricting portion 40 includes a detachment restricting portion (latches) 47 on both sides which will restrict detachment of the fixing device from the support portion; the latches 47 will enter holes 20a, 21a located on frames 18,19 of the support frame 57 thus preventing detachment of the fixing device from the support member (par. 35,39,42; Fig.s 3-4)
Regarding claim 15, the detachment restricting portion (latches) 47 are movable between a detachment restricting position where the latches enters the holes 20a, 21a and a detachment allowing position where the latches are moved out of the holes (see par.39,42; Fig.s 3-4).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (U.S. 2005/0031376) in view of Hashimoto et al. (U.S. 2018/0253047).
Suzuki additionally teach that the restricting portions 40 are disposed on the sides of the fixing unit which are more outward in the longitudinal direction than a cover 24 of the fixing unit 15 (see Fig.3). Specifically, Suzuki teach all that is claimed except the fixing unit’s cover being openable and closable.
Hashimoto et al. teach an image forming apparatus including a fixing device 40 (see Fig.1-2); the fixing device having an openable/closable cover 203 (see Fig.3, par.28-29). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Suzuki’s fixing device to have an openable/closable cover because maintainance/refurbishment of the interior parts of the fixing device can be accomplished easier and additionally the cover can heat insulate the fixing device and can add strength as taught by Hashimoto et al. (par. 29).
Allowable Subject Matter
Claims 4,6-7,9-12,16-19 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.
Regarding claim 4, the second position of the fixing device being above the first position of the fixing device is not taught, suggested or rendered obvious by the prior art of record.
Regarding claims 6-7, the restricting portion including a first and second restricting member opposing the fixing unit in an intersecting direction intersecting with both a longitudinal and vertical direction and positioned at different positions in the longitudinal direction is not taught, suggested or rendered obvious by the prior art of record.
Regarding claims 9-11, the restricting portion being pivotably supported by the support portion is not taught, suggested or rendered obvious by the prior art of record.
Regarding claim 12, the moving unit is movable between an accommodating position when the opening/closing member is in the closed position and a supporting position when the moving member is at the second position; at least part of the restricting portion is positioned above the upper surface of the apparatus body when the moving unit is positioned at the supporting position is not taught, suggested or rendered obvious by the prior art of record.
Regarding claim 16, the detachment restricting portion moving to the restricting position by being pressed by the opening/closing member when the opening/closing member moves from the open to closed position is not taught, suggested or rendered obvious by the prior art of record.
Regarding claim 17, the detachment restricting portion being pivotably supported by the support portion is not taught, suggested or rendered obvious by the prior art of record.
Regarding claim 18, the restriction portion and the detachment restricting portion being pivotably supported about the same shaft member is not taught, suggested or rendered obvious by the prior art of record.
Regarding claim 19, the image forming apparatus having an image forming portion to form a toner image onto a sheet and the image forming portion is attachable/detachable from the apparatus body via the opening in a state the fixing unit has been moved to the second position 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.
Nakanishi, Minakuchi et al., Noguchi et al., Nanno, Fukuda, Murano, Fujita et al. and Arikawa et al. all teach fixing units which are detachable through an opening closed by a cover so as to facilitate replacement which appear relevent to the claimed invention. Ohta et al. and Nishimura et al. are related applications.
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