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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“rotary” in claim 1;
“restricting portion” in claim 1;
“supporting member” in claim 1;
“moving device” in claim 10;
“driving device” in claim 10;
“first supporting member” in claim 16;
“second supporting member” in claim 16;
“restricting portion” in claim 17;
“supporting member” in claim 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 17, contain the phrasing “image forming apparatus to which a toner cartridge accommodating toner and provided with a discharge opening” in the pre-amble. The phrasing is confusing as to whether the toner cartridge is provided with a discharge opening or whether the image forming apparatus is.
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.
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.
Claim 17 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Okabe et al. (US Pub.2006/0251446) or, in the alternative, under 35 U.S.C. 103 as obvious over Okabe et al. (US Pub.2006/0251446) in view of Itabashi (US 8,577,250).
Regarding claim 17, Okabe et al. (US Pub.2006/0251446) teach an image forming apparatus (fig.3A) to which a toner cartridge (fig.1, #51K) accommodating toner and provided with a discharge opening (fig.1, #55 has opening downward toward #50) is detachably mounted, the image forming apparatus comprising: a developing device including a developing roller (fig.1, lower portion of #55 comprising #50) and an accommodating frame (fig.1, #55), wherein the accommodating frame is provided with a receiving opening (fig.1, #55 upward opening near projection above #50) and includes an accommodating chamber configured to accommodate toner to be supplied to the developing roller (fig.1, #55 bottom surrounding #50); a main assembly frame configured to accommodate the developing device (fig.1&3A, #2) and provided with a main assembly opening (fig.3B, #30); an openable member (fig.3A-4A, #2a) including a supporting surface (fig.4A, surface of #2a contacting #11) and a restricting portion (fig.3A-4A, #100) and configured to be movable to a closed position where the openable member closes the main assembly opening (fig.3A) and an open position where the openable member opens the main assembly opening (fig.4A), the openable member being mounted to the main assembly frame (fig.3A-4A, #2a mounted to #2); and a supporting member which is mounted to the developing device, to which the toner cartridge is detachably mounted (fig.3A-4A, #11/#12), and which is movably supported by the accommodating frame (see fig.3A-4A), the supporting member being movable, through the main assembly opening in a state in which the openable member is in the open position (fig.3C-4A), to an accommodating position where the toner cartridge is positioned in a mounting position relative to the accommodating frame (fig.3A) and a taking-out position where the toner cartridge is positioned in a retracted position retracted from the mounting position relative to the accommodating frame (fig.4A), wherein in a state in which the toner cartridge is in the mounting position relative to the accommodating frame, the discharge opening and the receiving opening oppose each other (see fig.1), and wherein when the openable member is positioned in the open position and the supporting member is positioned in the taking-out position (fig.4A), the restricting portion engages with the supporting member so that the supporting member is supported by the accommodating frame and the supporting surface and so that movement of the supporting member in a direction away from the supporting surface is restricted (fig.4A, engagement of #12 with #100 prevents #11/#12 from moving further away from #2a).
The Office contends that Okabe et al. (US Pub.2006/0251446) teach all of the limitations of claim 17, as set forth above.
However, should one find this not convincing on the aspect regarding a toner cartridge with an opening interpreted as a completely separate component, this argument can be addressed by a combination with Okabe et al. (US Pub.2006/0251446) in view of Itabashi (US 8,577,250).
Regarding claim 17, Itabashi (US 8,577,250) teach an image forming apparatus (fig.1) to which a toner cartridge (fig.1, #11) accommodating toner and provided with a discharge opening (fig.12, #58) is detachably mounted, the image forming apparatus comprising: a developing device (fig.1, #7) including a developing roller (fig.1, #9) and an accommodating frame (fig.1, outside of #7), wherein the accommodating frame is provided with a receiving opening (fig.2, #43) and includes an accommodating chamber configured to accommodate toner to be supplied to the developing roller (fig.1, empty space inside #7 around #9); a main assembly frame (fig.1, #2) configured to accommodate the developing device and provided with a main assembly opening (fig.1&2, covered by #4); an openable member configured to be movable to a closed position where the openable member closes the main assembly opening and an open position where the openable member opens the main assembly opening (fig.1&2, #4), the openable member being mounted to the main assembly frame (see fig.1); and a supporting member which is mounted to the developing device, to which the toner cartridge is detachably mounted, and which is movably supported by the accommodating frame (fig.1&3, #3), the supporting member being movable, through the main assembly opening in a state in which the openable member is in the open position (fig.2), to an accommodating position where the toner cartridge is positioned in amounting position relative to the accommodating frame (fig.1) and a taking-out position where the toner cartridge is positioned in a retracted position retracted from the mounting position relative to the accommodating frame (fig.2, #11 have clearly been retracted from the mounting position), wherein in a state in which the toner cartridge is in the mounting position relative to the accommodating frame, the discharge opening and the receiving opening oppose each other (see fig.1).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the apparatus of Okabe et al. (US Pub.2006/0251446) to have independently replaceable toner cartridges as in Itabashi (US 8,577,250) because it is a known configuration in an image forming apparatus comprising a drawer structure which allows the toner to be replaced (col.1, ln.20-23).
Allowable Subject Matter
Claims 1-16 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
Prior art does not disclose or suggest the claimed “a rotary … including a developing roller and an accommodating frame, …an openable member including a supporting surface and a restricting portion … opens the main assembly opening, … a supporting member which is mounted to the rotary, to which the toner cartridge is detachably mounted, and which is movably … movable, through the main assembly opening in a state in which the openable member is in the open position… cartridge is positioned in a mounting position relative to the accommodating frame and a taking-out position where the toner cartridge is positioned in a retracted position … the toner cartridge is in the mounting position …the discharge opening and the receiving opening oppose each other… when the openable member is positioned in the open position and the supporting member is positioned in the taking-out position, the restricting portion engages with the supporting member so that the supporting member is supported by the accommodating frame and the supporting surface and so that movement of the supporting member in a direction away from the supporting surface is restricted” in combination with the remaining claim elements as set forth in claims 1-16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kasamura et al. (US 4,841,329) disclose the use of a rack and pinion for moving a developing unit out and in.
Kasamura et al. (US 4,941,018) disclose the use of a rack and pinion for moving a developing unit out and in.
Mushika et al. (US 8,204,405) disclose a cartridge drawer pulled out and supported along ribs on the door.
Nagase et al. (US 5,752,133) disclose a tray that rests on a door with an integrated stopper.
Matsuno et al. (US 6,184,909) disclose an image forming apparatus with a rotary member and separate toner cartridges, but does not discuss or depict replacement thereof.
Minagawa (US Pub.2003/0137675) disclose an image forming apparatus with a rotary member and separate waste toner cartridges, but does not discuss or depict replacement thereof.
Fischer (US Pub.2002/0094210) disclose an image forming apparatus with a rotary member and separate toner cartridges and the replacement thereof through an accessway, but does not discuss or depict a movable member through the opening of the accessway.
Kimizuka et al. (US pub.2008/0286000) disclose a cartridge rotary mechanism with a first supporting member and a movable member with a restricting portion to maintain the removable member on the supporting surface, but does not satisfy all of the limitations.
The following publications are cited as related art:
Hiasa et al. (US Pub.2026/0010115)
Nitta et al. (US Pub.2026/0023335)
Nitta et al. (US Pub.2025/0199457)
Tateishi et al. (US Pub.2025/0224686)
Sasaoka et al. (US Pub.2025/0348013)
Sasaoka et al. (US Pub.2025/0348014)
Hiasa et al. (US Pub.2025/0348011)
Shimizu et al. (US Pub.2025/0328091)
Yamauchi et al. (US Pub.2025/0341793)
Suzuki et al. (US Pub.2025/0348022)
Takano et al. (US Pub.2026/0161127)
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.
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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.
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/LKR/
7/17/2026
/STEPHANIE E BLOSS/ Supervisory Primary Examiner, Art Unit 2852
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