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.
Claims 1-14,17 are 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 1, last two lines, the applicant describes the second unit “supports” the first unit and in claim 3, the applicant describes the door “supports” the second unit however there is no description as to how this is accomplished or what structure is used for the “support” other than the second unit being below the first unit or the door being below the second unit. The applicant should point out in the specification what is considered applicant’s “support”. See also claim 11, lines 6-11 and claim 17, lines 6-8.
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 1-7,10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sumi et al. (U.S. 5,134,443).
Sumi et al. teach an image forming apparatus (Fig.1) including a main body 2, an openable/closable covers 4,6 (see Fig.7), a first unit 24 (conveyor unit) can be drawn out or attached to the main body of the image forming apparatus (col.3, lines 18-21) wherein the first unit 24 includes a mounting and detaching unit 44 (col.3, lines 30-33), a second unit 48 (cassette unit) can be drawn out or attached to the image forming apparatus 1) with the first unit or 2) without the first unit (col.5, lines 20-25), and a locking means 84 (applicant’s restriction structure) can permit movement of the conveying unit 24 (first unit) or hamper its movement (col.4, lines 26-32), a holding means 104 can hold the cassette 48 (second unit) at its attached position (col.5, lines 26-29), and therefore when the cassette 48 (second unit) is drawn out with the conveyor unit 24 (first unit) as shown in Fig.s 4 and 7, the locking means 84 and the holding means 104 will be cancelled however when the conveying unit 24 (first unit) is locked, the cassette 48 (second unit) can be withdrawn alone without the first unit as shown in Fig.s 2 and 10 (col.5, lines 35-44). An operating lever 78 can be operated such that the conveying unit 24 (first unit) and the cassette 48 (second unit) can be drawn out of the image forming apparatus together or they can be separated so they can be drawn out of the image forming apparatus separately (col.7, lines 4-13; lines 51-63). As best seen in Fig.4, the second unit 48 will be below the first unit 24 when they are drawn out together and second unit can be said to “support” the first unit such as if the first unit bends downward due to weight or upon detachment of the first unit, the first unit can rest on the second unit.
Regarding claim 2, the second unit 48 is positioned below the first unit 24.
Regarding claim 3, the first and second units are drawn out through and opening which is closed by doors 4 and 6.
Regarding claim 4, the restriction structure for restricting movement of the first unit when withdrawing the second unit is considered the locking means 84 which has an engagement/engaged portion 86 and an engaged/engagement portion 88; the first unit 24 can be withdrawn out from the image forming apparatus when the locking means is not engaged and is prevented from being withdrawn from the apparatus when the locking means is engaged (see Fig.4,5, col.4, lines 33-56).
Regarding claim 5, by operating the lever 78, the locking means 84 (engagement portion and engaged portion) can be engaged or not engaged; the locking means can be disengaged when the second unit 48 is in an attachment position (within the image forming apparatus) as shown in Fig.11; the locking means 84 can be engaged when the second unit is in a withdrawn position as shown in Fig.2 or 10.
Regarding claim 6, when the first and second units are withdrawn out of the image forming apparatus (Fig.4 and 7), the locking means would be in the disengaged position since the first unit would be in the withdrawn position.
Regarding claims 7, the restriction structure includes a moving portion within the apparatus main body, the moving portion includes the engaged portion 86 which moves up and down in accordance with the lever 78; the moving portion moving between an allowance position (disengaged position) and a restriction position (engaged position), the moving portion is at the allowance position (disengaged position) before the first and second units are withdrawn out of the apparatus, the moving portion is positioned at the restriction position (engaged position) when only the second unit is withdrawn from the apparatus, the moving portion can move from the allowance position to the restricted position (and visa versa) when only the second unit is withdrawn from the apparatus.
Regarding claim 10, the first unit 24/44 moves from a first accommodation position when the engagement portion 86 is disengaged from the engaged portion 88 to a second accommodation position when the engagement portion 86 is engaged from the engaged portion 88 by operating a lever 78 which causes the first unit to move up or down to engage or disengage the locking means 84 regardless of whether the second unit is attached or not attached (withdrawn) from the image forming apparatus (see Fig.s 2, 4, col. 4, lines 6-56).
Claims 1,13-17,27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe (U.S. 2004/0208670).
Regarding claims 1,13-15, Abe teach an image forming apparatus 1 (Fig.1) including a main body 2, an openable/closable door 3’, a first unit 6 (image forming unit) which includes a photosensitive drums 20 in an image carrier unit 25 and developing devices 24, a second unit 9 which includes an intermediate transfer belt configured to contact the photosensitive drums; the second unit and the first unit can be drawn out of the image forming apparatus together (see Fig.7) or the second unit can be drawn out of the image forming apparatus without the first unit (see Fig.9, par. 83 where it suggests that both the developing device 24 and the image carriers 25 can be supported by the main body 2 (not detached) while the intermediate belt unit is detached from the main body). The second unit 9 has frames 9a which support both the first and the second unit (see par.61, lines 4-5; par. 83) when they are drawn out together. Although not specifically described, when the second unit is drawn out of the image forming apparatus without the first unit (Fig.9), there inherently must be some structure that prevents the first unit from moving with the second unit whether it is a separate locking mechanism similar to lock lever 9c or just the weight of the first unit itself which would be considered applicant’s “restriction structure”.
Regarding claim 16, as seen in Fig.7, at least part of the second unit 9 is positioned below the first unit 6.
Regarding claim 17, the apparatus main body includes an opening which is closed by a door 3’; the first and second units are drawn out from the opening.
Regarding claim 27, the first unit includes developing cartridges which are detachable from the first unit (Fig.8).
Allowable Subject Matter
Claims 8-9,11-12,18-23 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 claims 8-9, the restriction structure including a contact portion provided in the second unit, a contacted portion provided in the moving portion, an applying portion applying a force to the moving portion in a direction toward the restriction position, and the other features in claims 8 and 9 are not anticipated, suggested or rendered obvious by the prior art of record.
Regarding claim 11, the second accommodation position (engaged position) being a lower position than the first accommodation position (disengaged position) and the other features of claim 11 is not anticipated, suggested or rendered obvious by the prior art of record.
Regarding claim 12, a fixing unit moving between a use position and a retraction position; the fixing unit being inside a first space or a second space in which the first unit or the second unit passes when the first and second unit are drawn out of the apparatus when the fixing unit is at the use position and the fixing unit being outside the first and second space when the fixing unit is at the retracted position is not anticipated, suggested or rendered obvious by the prior art of record.
Claims 18-26 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 claims 18-25, while it can be said that the first unit is “restricted” from moving with the second unit, the concept of the restriction member being an engagement portion and an engaged portion is not taught, suggested in the Abe reference and is not suggested by the prior art of record as an obvious modification of Abe.
Regarding claim 26, a fixing unit moving between a use position and a retraction position; the fixing unit being inside a first space or a second space in which the first unit or the second unit passes when the first and second unit are drawn out of the apparatus when the fixing unit is at the use position and the fixing unit being outside the first and second space when the fixing unit is at the retracted position is not anticipated, 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.
Kitamura et al. teach a first drum unit 3 and second transfer unit 6 which are detached together or separately (Fig.s 9-10) however the second unit 6 is not detachable from the image forming apparatus individually. Yokoi et al. teach a first photoreceptor unit 32 and second developing units 21 which are detached together or separately (Fig.s 2-3) which is relevent to the claimed invention. NIshimura teach a first process unit 19 and a second developing unit 20 which are detached together or separately (Fig.s 2A, 2B,3) which is relevent to the claimed invention. Fujiwara. teach a first process unit 1 and second toner cartridge unit 7 which are detached together or separately (Fig.s 2) which is relevent to the claimed invention. Ichiyanagi et al. teach a first photoreceptor unit 40 and second developing units 50 which are detached separately (Fig.s 2) which is relevent to the claimed invention. Ohkubo et al., Sato, Mori et al., teach detachable transfer units which are relevent to the claimed invention. Abe, Imaizumi et al. ‘849, Imaizumi et al. ‘824, Imaizumi et al. ‘825, Imaizumi et al. ‘671, Sekimizu et al. 279, Kadowaki et al. ‘306, Shimomura et al., Misao ‘311, Misao ‘396, and Miwa et al. ‘494 all are related (inventor or applicant) 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
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