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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,292,701. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are broader and thus fully met.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No.10,942,469. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims correspond as explained below:
Claims of the Instant Application
Claims of Patent 10,942,469
1. An image forming apparatus comprising:
1. An image forming apparatus comprising
a main body casing having an opening
a main body casing having an opening
a drum cartridge including a photosensitive drum rotatable about a first axis extending in the first direction, the drum cartridge being removably insertable into the slot through the opening in the first direction; and
a drum cartridge including a photosensitive drum rotatable about a first axis extending in the first direction, the drum cartridge being removably insertable into the slot through the opening in the first direction
a developing cartridge including a developing roller rotatable about a second axis extending in the first direction, the developing cartridge being removably insertable into the slot through the opening in the first direction,
a developing cartridge including a developing roller rotatable about a second axis extending in the first direction, the developing cartridge being removably insertable into the slot through the opening in the first direction,
wherein the main body casing includes a drum guide groove configured to guide movement of the drum cartridge, the drum guide groove extending in the first direction, and
the main body casing includes a drum guide groove configured to guide movement of the drum cartridge, the drum guide groove extends in the first direction,
wherein the drum guide groove has a tapered shape.
a width of the drum guide groove in the second direction is decreased toward the inside of the main body casing from the opening.
Claim 2
1… a width of the drum guide groove in the second direction is decreased toward the inside of the main body casing from the opening.
Claim 3
1… a width of the drum guide groove in the second direction is decreased toward the inside of the main body casing from the opening.
Claim 4
Claim 1
Claim 5
Claim 14
Claim 6
Claim 14
Claim 7
Claim 14
Claim 8
Claim 5
Claim 9
Claim 6
Claim 10
Claim 15
Claim 11
Claim 16
Claim 12
Claim 1
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,467,512 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims correspond as explained below:
Claims of the Instant Application
Claims of Patent 11,467,512
1. An image forming apparatus comprising:
1. An image forming apparatus comprising:
a main body casing having an opening
a main body casing having an opening
a drum cartridge including a photosensitive drum rotatable about a first axis extending in the first direction, the drum cartridge being removably insertable into the slot through the opening in the first direction; and
1… a drum cartridge including a photosensitive drum rotatable about a first axis extending in the first direction, the drum cartridge being removably insertable into the slot through the opening in the first direction
a developing cartridge including a developing roller rotatable about a second axis extending in the first direction, the developing cartridge being removably insertable into the slot through the opening in the first direction,
a developing cartridge including a developing roller rotatable about a second axis extending in the first direction, the developing cartridge being removably insertable into the slot through the opening in the first direction
wherein the main body casing includes a drum guide groove configured to guide movement of the drum cartridge, the drum guide groove extending in the first direction, and
6… the main body casing includes a drum guide groove configured to guide movement of the drum cartridge, and the drum guide groove extends in the first direction
wherein the drum guide groove has a tapered shape.
6… wherein the drum guide groove has a tapered shape.
Claim 2
Claim 6
Claim 3
Claim 6
Claim 4
Claim 1
Claim 5
Claim 9
Claim 6
Claim 11
Claim 7
Claim 12
Claim 8
Claim 1
Claim 9
Claim 2
Claim 10
Claim 14
Claim 11
Claim 15
Claim 12
Claim 1
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,947,277 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims correspond as explained below:
Claims of the Instant Application
Claims of Patent 11,947,277
1. An image forming apparatus comprising:
1. An image forming apparatus comprising
a main body casing having an opening;
a main body casing having an opening
a drum cartridge including a photosensitive drum rotatable about a first axis extending in the first direction, the drum cartridge being removably insertable into the slot through the opening in the first direction; and
a drum cartridge including a photosensitive drum rotatable about a first axis extending in the first direction, the drum cartridge being removably insertable into the slot through the opening in the first direction
a developing cartridge including a developing roller rotatable about a second axis extending in the first direction, the developing cartridge being removably insertable into the slot through the opening in the first direction,
a developing cartridge including a developing roller rotatable about a second axis extending in the first direction, the developing cartridge being removably insertable into the slot through the opening in the first direction
wherein the main body casing includes a drum guide groove configured to guide movement of the drum cartridge, the drum guide groove extending in the first direction, and
main body casing includes a drum guide groove configured to guide movement of the drum cartridge, and the drum guide groove extends in the first direction
wherein the drum guide groove has a tapered shape.
wherein the drum guide groove has a tapered shape.
Claim 2
1... the drum guide groove has a tapered shape.
Claim 3
1… the drum guide groove has a tapered shape.
Claim 4
Claim 3
Claim 5
Claim 5
Claim 6
Claim 6
Claim 7
Claim 7
Claim 8
Claim 8
Claim 9
Claim 9
Claim 10
Claim 10
Claim 11
Claim 11
Claim 12
Claim 12
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Makiguchi et al. (US 2018/0210393A1) teach a developing device, process cartridge, and image forming apparatus. Skaguchi et al. (US 2008/0152386 A1) teach an image forming device.
Hale et al. (US 2018/0335751 A1) teach a toner cartridge with positional control features
Kanno et al. (US 2008/0138106 A1) teach a process cartridge and electrophotographic image forming apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY H CURRAN whose telephone number is (571)270-7505. The examiner can normally be reached Monday-Friday, 8am-5pm, EST.
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, Walter 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.
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/GREGORY H CURRAN/ Primary Examiner, Art Unit 2852
