DETAILED ACTION
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 .
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.
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 1-9 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.
Claim 1 recites “a boss, into which the first end coil is inserted in an insertion direction” in the 2nd-to-last paragraph of the claim. This seems to be opposite of the structures shown in the figures. See Fig. 6B, for example. Boss 29b is inserted into first end coil 30a, not the other way around.
As such, claim 1 is rendered indefinite. Claims 2-9 are indefinite due to their dependence upon claim 1.
For examination purposes, the indefinite claim language will be interpreted as --a boss which is inserted in an insertion direction into the first end coil--.
Note: the following rejections are based upon the claims as best understood by Examiner.
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.
Claim(s) 1-4 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamura et al. (US 2002/0118978; “Nakamura”).
Regarding claim 1, Nakamura discloses a heating device (Fig. 1 [0056]) comprising:
a heater 8 (Fig. 1 [0057]);
a temperature sensor 1 to detect a temperature of the heater 8 (Fig. 1 [0057]);
a compression coil spring 6 (Fig. 1 [0058, 0080]) having:
a first end coil at one end of the compression coil spring (see partial Fig. 1 below);
a second end coil at another end of the compression coil spring (see partial Fig. 1 below); and
an active coil between the first end coil and the second end coil (see partial Fig. 1 below);
a receiver (part of element 7; [0058]) receiving the second end coil (see partial Fig. 1 below); and
a sensor holder 4 including:
a holding portion 5 to hold the temperature sensor 1 at one side (bottom side) of the sensor holder 4 (Fig. 1 [0057]); and
a boss, into which the first end coil is inserted in an insertion direction (upward in Fig. 1), to support the first end coil at another side (upper side) of the sensor holder 4 (see partial Fig. 1 below),
the boss having a fixing portion (lower portion of the boss directly in contact with sensor holder 4) contacting an inner face of the first end coil, and the active coil spaced apart from the fixing portion in the insertion direction (see Fig. 1).
[AltContent: arrow][AltContent: textbox (Guide)]
Regarding claim 2, Nakamura discloses the heating device according to claim 1, wherein the boss has a guide (upper tapered portion of boss) on the fixing portion, and the active coil has a portion facing the guide of the boss (see annotated partial Fig. 1 above).
Regarding claim 3, Nakamura discloses the heating device according to claim 2, wherein the guide has a taper tapering toward a tip of the guide (see Fig. 1).
Regarding claim 4, Nakamura discloses the heating device according to claim 3, wherein the active coil has a portion facing the taper of the guide (see Fig. 1).
Regarding claim 8, Nakamura discloses a fixing device 212 comprising the heating device according to claim 1 (Fig. 5 [0004, 0056]).
Regarding claim 9, Nakamura discloses an image forming apparatus comprising the fixing device according to claim 8 (Fig. 5 [0004, 0056]).
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamura (US 2002/0118978).
Regarding claim 1, Nakamura discloses a heating device (Fig. 10B [0091]) comprising:
a heater 8 (Fig. 10B [0092]);
a temperature sensor 1 to detect a temperature of the heater 8 (Fig. 10B [0092]);
a compression coil spring 5 (Fig. 10B [0092]) having:
a first end coil at one end of the compression coil spring (see partial Fig. 10B below);
a second end coil at another end of the compression coil spring (see partial Fig. 10B below); and
an active coil between the first end coil and the second end coil (see partial Fig. 10B below);
a receiver receiving the second end coil (although not shown in Fig. 10B, a receiver receiving the second end coil must be present in order for the compression springs to be able to apply biasing force as required for the apparatus to function as intended); and
a sensor holder 13 (Fig. 10B [0092]) including:
a holding portion 13a to hold the temperature sensor 1 at one side (bottom side) of the sensor holder 13 (Fig. 10B [0092]); and
a boss 9b, into which the first end coil is inserted in an insertion direction (upward in Fig. 10B), to support the first end coil at another side (upper side) of the sensor holder 13 (see Fig. 10B),
the boss having a fixing portion contacting an inner face of the first end coil (as 13e is described as a “positioning hole,” contact between an inner face of the first end coil and fixing portion is able to occur at least during the manufacturing process), and the active coil spaced apart from the fixing portion in the insertion direction (see partial Fig. 10B below).
[AltContent: textbox (Fixing portion)]
Regarding claim 5, Nakamura discloses the heating device according to claim 1, wherein the boss 9b has a reduced diameter portion between the fixing portion and the holding portion 13a (boss 9b has a reduced diameter compared to the diameter of spring receiving surface 13c; Figs. 10A-10B [0092]), one end of the first end coil faces the reduced diameter portion (see Fig. 10B), and the reduced diameter portion has a diameter smaller than an inner diameter of the first end coil and is separated from the first end coil in a radial direction of the first end coil (see Fig. 10B).
Allowable Subject Matter
Claims 6-7 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.
The following is a statement of reasons for the indication of allowable subject matter:
Prior art of record does not disclose or suggest the claimed “wherein the fixing portion of the boss has a spiral end face at a tip end of the fixing portion in the insertion direction, and the spiral end face has an inclination angle equal to an inclination angle of the first end coil” in combination with the remaining limitations of claims 6-7.
Prior Art
The prior art made of record and not relied upon is cited as related art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLA J THERRIEN whose telephone number is (571)272-2677. The examiner can normally be reached Monday-Friday 8 am - 4 pm EST.
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/CARLA J THERRIEN/Primary Examiner, Art Unit 2852
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