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 .
Claim Objections
Claim 10 is objected to because of the following informalities:
Regarding claim 10, the recited “a toner image” should be corrected to “the toner image”, the recited “a recording material” should be corrected to “the recording material”, and the recited “a fixing apparatus” should be corrected to “the fixing apparatus”.
Appropriate correction is required.
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 1-4, 6, and 8-10 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.
The term “in a vicinity” in claim 1 is a relative term which renders the claim indefinite. The term “in a vicinity” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The recited “on a downstream side” and “the downstream side” in claim 1 renders the claim indefinite since it is unclear what element the end portion or first/second projection portion is downstream of.
The recited “an end portion” in claim 1 renders the claim indefinite since it is unclear as to what element the end portion refers to.
Claim 1 recites the limitation “the rotary member”. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether “the rotary member” refers to the “first rotary member” or the “second rotary member”.
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 1-4, 6, and 8-10 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 6-9 of U.S. Patent No. 11,194,272. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1-4, 6, and 8-10 are broader and thus fully met by claims 1-3 and 6-9 of U.S. Patent No. 11,194,272.
Claims 1, 2, 4, 8, and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, and 5 of U.S. Patent No. 12,321,114. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 2, 4, 8, and 10 are broader and thus fully met by claims 1, 4, and 5 of U.S. Patent No. 12,321,114.
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 1-4 and 8-10 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yamamoto JP 2006178315.
Regarding claim 1, Yamamoto discloses:
A fixing apparatus comprising:
a first rotary member (12) (FIG. 4) which is rotatable;
a second rotary member (13) (FIG. 4) configured to contact the first rotary member;
a nip forming member (10) (FIG. 4), which is located on an inner circumferential side of the first rotary member, and is configured to support the first rotary member to form a nip area being a contact area between the first rotary member and the second rotary member; and
a heater (11) (FIG. 4) held by the nip forming member,
wherein the fixing apparatus is configured to heat a toner image, which is borne on a recording material (P) (FIG. 4), in the nip area,
wherein the nip forming member includes:
a first projection portion (30) (FIG. 6), which is located on an inner side of the nip area and in a vicinity of an end portion on a downstream side in a conveyance direction of the recording material, abuts against an inner circumferential surface of the first rotary member, and extends along a longitudinal direction of the heater (FIGs. 5 and 6); and
a second projection portion (32) (FIG. 6), which is located on an outer side of the nip area and on the downstream side in the conveyance direction, abuts against the inner circumferential surface of the first rotary member, and extends along the longitudinal direction of the heater (FIGs. 5 and 6), and
wherein the second projection portion is curved in an arc shape in such a manner as to separate away from a center axis of the rotary member at a center portion in the longitudinal direction (the arc of the second projection portion includes points further from the center axis of both first and second rotary members than other points on the arc) (FIGs. 5 and 6).
Regarding claim 2, Yamamoto discloses:
wherein when a line passing through a contact surface between the first rotary member and the second rotary member in the nip area in which the heater is in contact with the inner circumferential surface of the first rotary member and extending parallel to the contact surface is defined as a nip tangent, the first projection portion extends beyond the nip tangent toward the second rotary member in a direction orthogonal to the conveyance direction of the recording material and the longitudinal direction (when nip tangent is taken to left of projection 30) (FIG. 6).
Regarding claim 3, Yamamoto discloses:
wherein when a line passing through a contact surface between the first rotary member and the second rotary member in the nip area in which the heater is in contact with the inner circumferential surface of the first rotary member and extending parallel to the contact surface is defined as a nip tangent, the first projection portion extends toward the second rotary member without exceeding the nip tangent in a direction orthogonal to the conveyance direction of the recording material and the longitudinal direction (when nip tangent is taken at peak of projection 30) (FIG. 6).
Regarding claim 4, Yamamoto discloses:
a regulation member (21/22) (FIG. 5) configured to support an end portion in a longitudinal direction of the first rotary member and regulate a position of the end portion of the first rotary member.
Regarding claim 8, Yamamoto discloses:
wherein the first rotary member is a film (FIG. 4).
Regarding claim 9, Yamamoto discloses:
wherein the heater is provided in such a manner as to be in contact with an inner surface of the film (FIG. 4), and
wherein the nip area is formed by sandwiching the film between the heater and the second rotary member (FIG. 4).
Regarding claim 10, Yamamoto discloses:
an image forming unit configured to form a toner image on a recording material; and
a fixing apparatus as recited in claim 1.
Claim Rejections - 35 USC § 103
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto JP 2006178315 in view of Shimmura et al. US 20150331376.
Regarding claim 6, Yamamoto discloses the limitations of claim 1 as set forth above. Furthermore, Yamamoto discloses a first heat generating element (in ceramic heater 11) (FIG. 4), but does not explicitly disclose a second heat generating element having a length in the longitudinal direction smaller than a length of the first heat generating element; a third heat generating element having a length in the longitudinal direction smaller than the length of the second heat generating element; a fourth heat generating element having approximately the same length as the first heat generating element; and an elongated substrate on which the first heat generating element, the second heat generating element, the third heat generating element, and the fourth heat generating element are arranged, wherein the second heat generating element and the third heat generating element are arranged between the first heat generating element and the fourth heat generating element in a widthwise direction of the substrate.
Shimmura et al. discloses:
wherein the heater (361) (FIG. 4) includes:
a first heat generating element (361b at top) (FIG. 5);
a second heat generating element (361d at middle left) (FIG. 5) having a length in the longitudinal direction smaller than a length of the first heat generating element;
a third heat generating element (361c at middle left) (FIG. 5) having a length in the longitudinal direction smaller than the length of the second heat generating element;
a fourth heat generating element (361b at bottom) (FIG. 5) having approximately the same length as the first heat generating element; and
an elongated substrate (361) (FIG. 5) on which the first heat generating element, the second heat generating element, the third heat generating element, and the fourth heat generating element are arranged,
wherein the second heat generating element and the third heat generating element are arranged between the first heat generating element and the fourth heat generating element in a widthwise direction of the substrate (FIG. 5).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus as disclosed by Yamamoto to include the heat generating elements as disclosed by Shimmura et al. in order to prevent abnormal heat generation and reduce thermal energy consumption [0061] (Shimmura et al.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS S GIAMPAOLO II whose telephone number is (571)272-6619. The examiner can normally be reached T-Th 9-5.
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.
/THOMAS S GIAMPAOLO II/Primary Examiner, Art Unit 2852
Prosecution Insights