Prosecution Insights
Last updated: October 04, 2026
Application No. 19/089,787

IMAGE-FORMING APPARATUS INCLUDING FAN CONFIGURED TO DISCHARGE AIR THROUGH LOUVER ON HOUSING AND FILTER POSITIONED BETWEEN FAN AND LOUVER IN AIR DISCHARGING DIRECTION

Final Rejection §102§103
Filed
Mar 25, 2025
Priority
Mar 28, 2024 — JP 2024-054016
Examiner
ROTH, LAURA K
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Brother Kogyo Kabushiki Kaisha
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
674 granted / 815 resolved
+14.7% vs TC avg
Minimal +2% lift
Without
With
+1.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
16 currently pending
Career history
838
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
42.9%
+2.9% vs TC avg
§102
26.6%
-13.4% vs TC avg
§112
26.0%
-14.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 815 resolved cases

Office Action

§102 §103
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 . Claim Objections Claim 13 is objected to because of the following informalities: in claim 13, ln.9, the phrase “a filterpositioned” should be rewritten as - a filter positioned - -. Appropriate correction is required. 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. Claims 1, 5, 9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (JP S6187518 U). Regarding claim 1, (JP S6187518 U) teach an image-forming apparatus (fig.1; p.1, detailed explanation) comprising: a housing having a louver (fig., #13 having #2/fig.2, #5a/#7); a fan positioned inside the housing (fig.2, #16 inside #13) and configured to discharge air inside the housing in a discharging direction to an outside of the housing through the louver (p.3; ln.14-16), the fan being positioned upstream of the louver in the discharging direction (see p.3, ln.14-16; fig.2), the fan having a first downstream end in the discharging direction (fig.2, side of #16 with #17); a duct extending in the discharging direction and accommodating the fan therein, the duct having a second downstream end in the discharging direction (fig.2, duct portion leading up to unlabeled dashed octagon on #14, the downstream end being on the ‘back’ side of #14); a filter positioned between the fan and the louver in the discharging direction (fig.3 or 5, #3a/#3b); and a first elastic member (fig.2, #19; p.3, ln.4-7) positioned between the filter and the fan in the discharging direction (fig.2, #19 between #16 and #6 housing the filter), the first elastic member being positioned between the filter and the duct in the discharging direction (fig.2, #19 is inside opening #15 of #14, therefore downstream of the duct end and upstream of #6; p.3, ln.4-7), the first elastic member being in contact with the filter (p.3, ln.4-7), the first elastic member being in contact with at least one of the second downstream end of the duct and the first downstream end of the fan (fig.2, in contact at least via #14), wherein the filter and the second downstream end of the duct define a gap therebetween in the discharging direction (fig.2, since the duct is on the ‘back’ side of #14 and the filter is at the ‘front’ side of #14, there is a gap between the two in which #14 and #19 exist). Regarding claim 5, (JP S6187518 U) teach an image-forming apparatus wherein the first elastic member is a sponge (p.3, ln.6). Regarding claim 9, (JP S6187518 U) teach an image-forming apparatus further comprising a second elastic member (fig.3, #8; p.2, ln.33-34), wherein the housing comprises an accommodation wall defining an accommodation space in which the filter is accommodated (fig.3, #6 of #2 part pf #1), the second elastic member being also accommodated in the accommodation space (p.2, ln.36-39). Regarding claim 12, (JP S6187518 U) teach an image-forming apparatus wherein the housing comprises an accommodation wall defining an accommodation space in which the filter is accommodated (fig.1&3, #2 part of #13 has #6 for holding #3/#8), wherein the filter has a notch (fig.3, #3/#8 has corner notches, unlabeled), and wherein the housing further includes a protrusion positioned in the accommodation space and protruding in the discharging direction toward the filter (fig.3, #6 has corner angles protruding in the direction of discharge and projecting into the interior space of #6), the protrusion being positioned inside the notch of the filter accommodated in the accommodation space (fig.3, once #3/#8 is mounted inside #6, the angles of #6 will be in the “notch area” of #3/#8). 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. Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over (JP S6187518 U) in view of Miyanagi et al. (US Pub.2008/0267664). The reference (JP S6187518 U) teaches all of the limitations of claims 1 and 9, upon which claims 10 and 11 depend. However, the reference (JP S6187518 U) fails to teach specifics about how the second elastic member is attached. Regarding claim 10, Miyanagi et al. (US Pub.2008/0267664) teach an image forming apparatus with a fan and duct (fig.7) configuration for discharging air from the apparatus wherein a component in the duct (fig.9, #91) is mounted to a wall (fig.9, #75) and has an elastic material attached thereto (fig.9, #88; para.0062) wherein the second elastic member is adhesively bonded to the component (para.0062). Regarding claim 11, Miyanagi et al. (US Pub.2008/0267664) teach an image forming apparatus with a fan and duct (fig.7) configuration for discharging air from the apparatus wherein a component in the duct (fig.9, #91) is mounted to a wall (fig.9, #75) and has an elastic material attached thereto (fig.9, #88; para.0062) wherein the second elastic member is adhesively bonded to the accommodation wall (para.0062). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the seal member of the reference (JP S6187518 U) by affixing it to the filter and duct with an adhesive as in Miyanagi et al. (US Pub.2008/0267664) because it is a known means in the art of mounting a material like a sponge to a component involved in a duct. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over (JP S6187518 U) in view of Kubota et al. (US 5,510,827). The reference (JP S6187518 U) teaches all of the limitations of claim 1, upon which claim 4 depends. However, the reference (JP S6187518 U) fails to teach specifics about how the fan is mounted in the duct. Regarding claim 4, Kubota et al. (US 5,510,827) teach an image forming apparatus with a fan mounted in a duct therein (fig.1, #23 in fig.11, #68) further comprising a buffer positioned between an outer peripheral surface of the fan and an inner peripheral surface of the duct (fig.11, #68 between outside of fan and inside #63; col.8, ln.21-25). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the fan mounting of the reference (JP S6187518 U) with the elastic buffer as in Kubota et al. (US 5,510,827) in order to dampen vibration from the fan and reduce noise (col.8, ln.23-25). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over (JP S6187518 U) in view of Kubota et al. (US 5,510,827). The reference (JP S6187518 U) teaches all of the limitations of claim 1, upon which claim 6 depends. Regarding claim 6, the reference (JP S6187518 U) teaches the fan conglomeration comprising an elastic member that is in close contact with the filter, potentially urging the filter toward downstream in the discharging direction (fig.2, #19; p.3, ln.4-7). However, the reference (JP S6187518 U) fails to teach anything about grounding. Regarding claim 6, Kubota et al. (US 5,510,827) teach an image forming apparatus with a fan mounted in a duct therein (fig.1, #23 in fig.11, #68) further comprising a grounding member in contact with the fan for grounding of the fan, the grounding member urging the filter toward a downstream side in the discharging direction (fig.11, #63; col.8, ln.16-20). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the fan mounting of the reference (JP S6187518 U) with the electrically conductive mounting of Kubota et al. (US 5,510,827) in order to ground the fan and reduce electrostatic noise (col.8, ln.16-20). Further, if the seal #19 of the reference (JP S6187518 U) were also made of electrically conductive material, electrostatic charge buildup due to rapid airflow through the filter would also be able to be discharged and it is the Office’s position that one of ordinary skill in the art would easily arrive at this modification without undue experimentation or think to try because electrostatic buildup on filters is a known condition in the art of air filtration. Allowable Subject Matter Claims 13 and 14 are allowed. Claims 2-3 and 7-8 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. The following is a statement of reasons for the indication of allowable subject matter: Prior art does not disclose or suggest the claimed “the four corners including a first corner and a second corner diagonally opposing each other, and wherein the first elastic member is provided only at each of the first corner and the second corner among the four corners of the duct” in combination with the remaining claim elements as set forth in claim 2. Prior art does not disclose or suggest the claimed “a buffer including: a buffering part positioned between an outer peripheral surface of the fan and an inner peripheral surface of the duct; and an extension part extending … toward a downstream side … having a downstream end …further downstream … end of the fan and the second downstream end of the duct, the extension part functioning as the first elastic member” in combination with the remaining claim elements as set forth in claim 3. Prior art does not disclose or suggest the claimed “wherein the grounding member is a coil spring, the coil spring being supported by the peripheral wall of the duct” in combination with the remaining claim elements as set forth in claim 7. Prior art does not disclose or suggest the claimed “the first elastic member is adhesively bonded to the filter” in combination with the remaining claim elements as set forth in claim 8. Claim 13 is allowed for properly incorporating the subject matter of previous claims 1 and 3, indicated as allowable in the Office Action mailed on 23 March 2026, and is allowable for the same reasons. Claim 14 is allowed for properly incorporating the subject matter of previous claims 1 and 8, indicated as allowable in the Office Action mailed on 23 March 2026, and is allowable for the same reasons. Response to Arguments Applicant's arguments filed 23 June 2026 have been fully considered but they are not persuasive. The applicants, on p.9-10, allege that (JP S6187518 U) fail to teach all of the limitations of the newly amended claim language and specifically point to the language concerning the ‘gap’. This is not persuasive to the Office and the rejection above is amended to address the new claim language and clearly spell out how the structure is being interpreted according to the new claim language. 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. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA K ROTH whose telephone number is (571)272-2154. The examiner can normally be reached Monday - Friday, 7:30AM-3:30 PM. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LKR/ 9/4/2026 /STEPHANIE E BLOSS/ Supervisory Primary Examiner, Art Unit 2852
Read full office action

Prosecution Timeline

Mar 25, 2025
Application Filed
Mar 23, 2026
Non-Final Rejection mailed — §102, §103
Jun 23, 2026
Response Filed
Sep 11, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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
84%
With Interview (+1.7%)
2y 1m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 815 resolved cases by this examiner. Grant probability derived from career allowance rate.

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