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 Objections
Claim 14 is objected to because of the following informalities:
Within claim 14 (see line 10 on p. 5 of the claims), “electrically is connected” should be corrected to --electrically disconnected--.
Appropriate correction is required.
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: first connecting unit in claim 14; second connecting unit in claim 14; switching unit in claim 15.
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 2-3 and 8 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 2 recites “in a case where the first width is narrower than the second width”, which leaves open the possibility for the first width to be wider than the second width. This contradicts the first and second widths as set forth in claim 1, which states that the second width is wider than the first width. As such, claim 2 is rendered indefinite. For examination purposes, the first width is always wider than the second width.
Claim 3 recites “the controller discriminates whether or not the first width is narrower than the second width”. Similar to claim 2, this is indefinite because the first width is always narrower than the second width as set forth in claim 1. For examination purposes, the first width is always wider than the second width.
Claim 8 is rendered indefinite for reasons similar to claim 2.
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(s) 1-3, 6-7, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bischel et al. (US 8,130,255; “Bischel”).
Regarding claim 1, Bischel discloses an image forming apparatus 10 (Fig. 3 Col. 2 ll. 21-34) comprising:
a fixing device 220 including a heater 224 and for heating a toner image, carried on a recording material 214, by the heater (Fig. 3 Col. 4 l. 64 – Col. 5 l. 4); and
a controller 70/14 (Fig. 1 Col. 3 ll. 47-56) configured to perform control in which an image is printed on the recording material by an operation in a first printing mode for performing image formation while conveying the recording material at a first conveying speed (55 ppm/rated speed/higher speed; Figs. 5-6) or in which the image is printed on the recording material by an operation in a second printing mode for performing the image formation while conveying the recording material at a second conveying speed (35 ppm/reduced speed/intermediate speed; Figs. 5-6) slower than the first conveying speed (Col. 6 ll. 22-34),
wherein when a length of the recording material in a direction perpendicular to a conveying direction of the recording material is a width, a job in which the image is printed on a first sheet (non-wide media) having a first width as the width is a first printing job (Fig. 6), a job which the image is printed on a second sheet (wide media) having a second width wider than the first width and conveyed subsequently to the first sheet is a second printing job (Fig. 5) (Col. 7 ll. 34-64), a time in which cooling of the heater is executed after the first printing job is ended is a cooling time, and a time obtained by summing the cooling time and a print completion time from a start of printing of the first printing job to completion thereof is a total time,
the controller executes the first printing job by an operation in a printing mode in which the becomes shorter between a total time when the controller executes the first printing job by the operation in the first printing mode and a when the controller executes the first printing job by the operation in the second printing mode (see Fig. 4 and Col. 7 ll. 9-33).
For each printing job, Bischel’s controller compares the time it takes the apparatus to warm up and complete the printing job in the first mode vs. the second mode, and then “decides” to execute the printing job in the mode that takes the shorter amount of time. Bischel does not explicitly disclose considering the cooling time in which cooling of the heater is executed after the first printing job is ended as part of the total time for the printing job.
However, Bischel recognizes that printing at the higher speed requires a higher fixing temperature/more set-up time, and conversely that printing at the lower speed requires a lower fixing temperature/less set-up time (Col. 6 ll. 35-42). Additionally, a cooling delay is incurred when a printing job on non-wide media is started at a higher speed, i.e., at a higher temperature (solid line in Fig. 6 Col. 7 ll. 54-64). Bischel considers this delay when determining the mode in which to execute the printing job in order to improve job time (Col. 1 ll. 45-52).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure the controller to consider the cooling time in which cooling of the heater is executed after the first printing job is ended as part of the total time for the first printing job. One would have been motivated to make this modification in order to further improve the total job time.
Regarding claim 2 as best understood, modified Bischel teaches an image forming apparatus according to claim 1, wherein in a case where the first width is narrower than the second width (this is understood to be all cases, based on the language of claim 1), the controller calculates a first total time when the controller executes the first printing job by the operation in the first printing mode and a second total time when the controller executes the first printing job by the operation in the second printing mode, and executes the first printing job by an operation in a printing mode in which the total time becomes shorter between the first total time and the second total time (Fig. 4).
Regarding claim 3 as best understood, modified Bischel teaches an image forming apparatus according to claim 2, wherein the controller discriminates whether or not the first width is narrower than the second width (based on claim 1, the first width is always narrower than the second width), on the basis of acquired printing information. (See Col. 6 ll. 43-47: the engine dynamically decides which process speed to warm up to based on the number and size of pages currently submitted to the engine. This represents the controller determining page width based on printing information acquired in some manner.)
Regarding claim 6, modified Bischel teaches an image forming apparatus according to claim 3, wherein the printing information includes information of the width of the recording material and information of a number of printed sheets in a printing job (Figs. 4-6 Col. 7 ll. 9-64).
Regarding claim 7, modified Bischel teaches an image forming apparatus according to claim 1, wherein the heater includes a heat generating element (Col. 5 ll. 16-30). Bischel does not explicitly teach the element having a width wider than the first width.
However, because Bischel teaches printing on sheets of at least two different widths, the second width being wider than the first width (supra), it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure the element to have a width wider than the first width. One would have been motivated to make this modification in order to facilitate proper fusing of an image on a wider sheet.
Regarding claim 17, modified Bischel teaches an image forming apparatus according to claim 1, further comprising: a first rotatable member 224 configured to be heated by the heater; and a second rotatable member 226 configured to form a nip in cooperation with the first rotatable member 224 (Fig. 3 Col. 5 lines 1-4).
Regarding claim 20, modified Bischel teaches an image forming apparatus according to claim 1, further comprising an image forming unit (comprising at least elements 100, 230, 248) configured to form an unfixed toner image on a recording material 214, wherein the fixing device 220 fixes the unfixed toner image on the recording material 214 (Fig. 3 Col. 5 ll. 5-30).
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bischel (US 8,130,255) as applied to claim 1 in view of Ishii (US 2020/0257224).
Regarding claim 4, modified Bischel teaches an image forming apparatus according to claim 1, but does not explicitly teach wherein the cooling time becomes longer with an increasing number of printed sheets in the first printing job.
Ishii teaches increasing a cooling time with an increasing number Y of printed sheets in a first printing job that is printed on a narrow sheet W1 (Fig. 6 [0075, 0078, 0083-0090]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure the controller to make the cooling time longer with an increasing number of printed sheets in the first printing job. One would have been motivated to make this modification in order to appropriately perform cooling when there is a need to control the temperature of the inside of the fixing device (Ishii [0109]).
Regarding claim 5, modified Bischel teaches an image forming apparatus according to claim 4, wherein the cooling time becomes longer at a higher temperature of the heater when the first printing job is started even in the same number of printed sheets (see Bischel Fig. 6 Col. 7 ll. 54-64; no cooling time is required when starting at a lower temperature, as opposed to a longer cooling time required when starting at a higher temperature).
Claim(s) 8-11, 13-16, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bischel (US 8,130,255) as applied to claim 1 in view of Yoshida et al. (US 2021/0072680; “Yoshida”).
Regarding claim 8 as best understood, modified Bischel teaches an image forming apparatus according to claim 1, wherein the heater is provided so that a longitudinal direction thereof (into the page) is the direction perpendicular to the conveying direction (generally left to right) (see Fig. 3).
Bischel is silent regarding any specific features of the heater.
Yoshida teaches a fixing device 50 having a heater 54 (Fig. 1 [0024]), wherein the heater includes a first heat generating element 54b1 of which length in the longitudinal direction is a first length L1 and a second heat generating element 54b3 of which length in the longitudinal direction is a second length L3 shorter than the first length L1 (Fig. 4A [0038]), and wherein in a case where a first width is narrower than a second width, the controller executes the first printing job while switching the first heat generating element 54b1 and the second heat generating element 54b3 ([0053, 0061]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the fixing device of Yoshida, and control thereof, for the fixing device in the image forming apparatus of Bischel, thereby including a first heat generating element of which length in the longitudinal direction is a first length and a second heat generating element of which length in the longitudinal direction is a second length shorter than the first length L1, and wherein in a case where a first width is narrower than a second width, to execute the first printing job while switching the first heat generating element and the second heat generating element. One would have been motivated to make this modification in order to suppress temperature rise in the non-sheet passing portion (Yoshida [0078]).
Regarding claim 9, modified Bischel teaches an image forming apparatus according to claim 8, wherein the controller increases a use ratio (power ratio) of the second heat generating element 54b3 to the first heat generating element 54b1 with an increasing temperature of the heater when the first printing job is started (Yoshida [0073-0076]).
Regarding claim 10, modified Bischel teaches an image forming apparatus according to claim 9, wherein the cooling time becomes shorter as the use ratio of the second heat generating element is higher. (See Yoshida [0073-0076]. Higher use ratio of the second heat generating element occurs when printing on a narrower sheet. As such, the cooling time would become shorter as the use ratio of the second heat generating element is higher in modified Bischel, because less time would be required to cool down the non-sheet passing regions that are heated less due to the decreased heating in those regions by the first/larger heat generating element.)
Regarding claim 11, modified Bischel teaches an image forming apparatus according to claim 8, further comprising a detecting unit 59a provided in a center of the heater 54 with respect to the longitudinal direction and configured to detect a temperature of the heater (Yoshida Fig. 4A [0040]; note that the detecting unit would be required in order to control the fixing device as intended).
Regarding claim 13, modified Bischel teaches an image forming apparatus according to claim 8, wherein (see Yoshida) the heater 54 includes a third heat generating element 54b2 shorter than the first heat generating element 54b1 and longer than the second heat generating element 54b3 in the longitudinal direction (Fig. 4A [0038]), wherein the first heat generating element 54b1 includes a fourth heat generating element 54b1a provided in one end portion of the heater with respect to a widthwise direction (up/down in Fig. 4A) perpendicular to the longitudinal direction and a fifth heat generating element 54b1b provided in the other end portion of the heater with respect to the widthwise direction (Fig. 4A [0038]), and wherein with respect to the widthwise direction, the fourth heat generating element 54b1a, the third heat generating element 54b2, the second heat generating element 54b3 and the fifth heat generating element 54b1b are arranged in a named order (Fig. 4A).
Regarding claim 14, modified Bischel teaches an image forming apparatus according to claim 13, further comprising (see Yoshida Fig. 9 and [0039]): a first contact 54d4 to which one end portion of each of the fourth heat generating element 54b1a and the fifth heat generating element 54b1b is electrically connected; a second contact 54d2 to which the other end portion of each of the third heat generating element 54b2, the fourth heat generating element 54b1a, and the fifth heat generating element 54b1b is electrically connected; a third contact 54d3 to which one end portion of each of the second heat generating element 54b3 and the third heat generating element 54b2 is electrically connected; a fourth contact 54d1 to which the other end portion of the second heat generating element 54b3 is electrically connected;
a first connecting unit 56a configured to be connected between the first contact 54d4 and the second contact 54d2 and switched in state to a connection state in which the first contact and the second contact are electrically connected and a non-connection state in which the first contact and the second contact are electrically disconnected; and a second connecting unit 56b configured to be connected between the third contact 54d3 and the fourth contact 54d1 and switched in state to a connection state in which the third contact 54d3 and the fourth contact 54d1 are electrically connected and a non-connection state in which the third contact 54d3 and the fourth contact 54d1 are electrically is connected (i.e. disconnected), wherein the controller performs control so that the fourth heat generating element 54b1a and the fifth heat generating element 54b1b are caused to generate heat by putting the first connecting unit and the second connecting unit in the connection state and the non-connection state, respectively, and so that the second heat generating element 54b3 is caused to generate heat by putting the first connecting unit and the second connecting unit in the non-connection state and the connection state, respectively. (See Yoshida Fig. 9 [0083, 0085]; note that this circuit contains all of the elements arranged in an identical manner as the circuit in the instant application.)
Regarding claim 15, modified Bischel teaches an image forming apparatus according to claim 14, further comprising a switching unit 57a configured to be switched to a state in which the second contact 54d2 and the third contact 54d3 are electrically connected and a state in which the third contact 54d3 and the fourth contact 54d1 are electrically connected (see Yoshida Fig. 9), wherein when the controller performs control so that the second heat generating element 54b3 is caused to generate heat, the controller performs control so as to switch the switching unit 57a so that the state in which the third contact 54d3 and the fourth contact 54d1 are electrically connected is formed (see Yoshida Fig. 9 [0085]).
Regarding claim 16, modified Bischel teaches an image forming apparatus according to claim 13, wherein the second heat generating element 54b3 and the third heat generating element 54b2 are disposed so as to be symmetrical with respect to the widthwise (up/down) direction (Yoshida Fig. 9).
Regarding claim 18, modified Bischel teaches an image forming apparatus according to claim 17, but fails to teach wherein the first rotatable member is a film.
Yoshida teaches a fixing device 50 having a heater 54 (Fig. 1 [0024]), wherein the heater includes a first rotatable member 51 configured to be heated by the heater 54; and a second rotatable member 53 configured to form a nip N in cooperation with the first rotatable member, wherein the first rotatable member is a film (Fig. 3 [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the fixing device of Yoshida for the fixing device in the image forming apparatus of Bischel, since it has been held that the simple substitution of one known element for another to obtain predictable results is obvious. In this instance, the predictable results would be effectively heating a toner image in order to fuse it to the sheet.
Regarding claim 19, modified Bischel teaches an image forming apparatus according to claim 18, wherein the heater 54 is provided in an inside space of the film 51, and wherein the nip N is formed by the heater 54 and the second rotatable member 53 through the film 51 (Yoshida Fig. 3).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bischel (US 8,130,255) in view of Yoshida (US 2021/0072680) as applied to claim 8, and further in view of Ogura (US 2014/0138372).
Regarding claim 12, modified Bischel teaches an image forming apparatus according to claim 8, further comprising (see Yoshida) a detecting unit 59a provided in a center of the heater 54 with respect to the longitudinal direction and configured to detect a temperature of the heater (Fig. 4A [0040]; note that the detecting unit would be required in order to control the fixing device as intended).
Modified Bischel fails to teach a plurality of detecting units which are provided in a center of the heater with respect to the longitudinal direction and in a position different from the center, and which are configured to detect a temperature of the heater.
Ogura teaches a similar fixing device heater 203 (Fig. 3A [0028]) including a plurality of detecting units 419-422 which are provided in a center (thermistor 419 is in the center) of the heater with respect to the longitudinal direction and in a position different from the center (thermistors 420-422 are at end portions) (note that the positions of thermistors 419-422 correspond to openings 601-604 in Fig. 6A; [0040, 0043]), and which are configured to detect a temperature of the heater ([0036]).
Utilizing the teachings of Ogura, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a plurality of detecting units which are provided in a center of the heater with respect to the longitudinal direction and in a position different from the center in the fixing device of modified Bischel. One would have been motivated to make this modification in order to control the power supplied to the heater to maintain the heater at the target temperature (Ogura [0036]).
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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