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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/2/2025 was considered by the examiner.
Drawings
The drawings filed on 6/2/2025 are acceptable for examination by the examiner.
Claim Objections
Claim 2 is objected to because of the following informalities. Claim 2, in line 3, should “resolution” be revolution? Appropriate correction is required.
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim of U.S. Patent No.12,339,606. Although the claims at issue are not identical, they are not patentably distinct from each other because the term “periodic” may encompasses all repeating time patterns.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-5, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JANG (US 2017/0003617 A1).
JANG teaches regarding claim 1, an image forming apparatus comprising: a plurality of photoreceptors; a plurality of exposure heads provided so as to correspond to the plurality of photoreceptors 4, respectively, each of the plurality of exposure heads 170 including a plurality of light emitting units configured to emit light for exposing the corresponding photoreceptor 4, the plurality of light emitting units 170 being arranged along a rotation axis line of the corresponding photoreceptor 4; and a generation unit 200 configured to generate a line synchronization signal for each of the plurality of exposure heads 280 to control a light emission timing in a rotating direction of the corresponding photoreceptor 4, the generation unit 200 being configured to adjust a cycle of the line synchronization signal in accordance with each of the plurality of exposure heads (figures 2-3, 7-9, 19; [0106]).
Regarding claim 2, the generation unit 200 generates the line synchronization signal in a cycle in which the surface of the photoreceptor moves by a resolution(?) corresponding to a rotating direction of the photoreceptor 4 in the image forming apparatus [0106].
Regarding claim 4, the generation unit generates the line synchronization signal based on a synchronization clock [0098].
Regarding claim 5, the image forming apparatus further comprising: a plurality of page synchronization signal generation units provided so as to correspond to the plurality of exposure heads, respectively, each of the plurality of page synchronization signal generation units being configured to output a page synchronization signal [0076].
Regarding claim 8, the plurality of light emitting units are organic electroluminescence. [0070].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over the NOMURA (US2009/ A1) in view of TANIGUCHI (2017/0003617 A1).
NOMURA teaches regarding claim 1, an image forming apparatus comprising (figure 6): a plurality of photoreceptors 20; a plurality of exposure heads 242 (shown in figure 15) provided so as to correspond to the plurality of photoreceptors 20, respectively, each of the plurality of exposure heads 23 (shown in figure 6) including a plurality of light emitting units 247 configured to emit light for exposing the corresponding photoreceptor 20 (shown in figures 6 and 15; [0092,), the plurality of light emitting units being arranged along a rotation axis line of the corresponding photoreceptor (shown in figure 6); and a generation unit 521 configured to generate a line synchronization signal for each of the plurality of exposure heads 23 to control a light emission timing in a rotating direction of the corresponding photoreceptor 20, the generation unit being configured to adjust a cycle of the line synchronization signal [0071] [in accordance with each of the plurality of exposure heads] (figures 6, 11-12, and 15; [0069, 0071-0072, 0092]).
Regarding claim 2, the generation unit 521 generates the line synchronization signal in a cycle in which the surface of the photoreceptor moves by a resolution corresponding to a rotating direction of the photoreceptor in the image forming apparatus ([0069]).
Regarding claim 3, a plurality of detection units 18 provided so as to correspond to the plurality of photoreceptors, respectively, each of the plurality of detection units being configured to detect a rotation phase of the corresponding photoreceptor; wherein the generation unit adjusts the cycle of the line synchronization signal based on the rotation phase of each photoreceptor detected by the plurality of detection units [0052].
Regarding claim 4, the generation unit generates the line synchronization signal based on a synchronization clock [0069].
Regarding claim 5, the image forming apparatus further comprising: a plurality of page synchronization signal generation units provided so as to correspond to the plurality of exposure heads, respectively, each of the plurality of page synchronization signal generation units being configured to output a page synchronization signal for determining a start timing at which the corresponding exposure head starts to latent image formation of an image for one page; wherein output of the line synchronization signal is started after the page synchronization signal is output [0068].
Regarding claim 8, the plurality of light emitting units are organic electroluminescence [0010, 0091].
NOMURA does not specifically teach adjusting a cycle of the line synchronization signal in accordance with each of the plurality of exposure heads.
TANIGUCHI teaches that due to aging, the writing position over time changes and the writing position must be corrected [0049].
However, when the cycle is adjusted, it is changed from an ideal position of photoreceptor and exposure and their position to each other. Thus, this change is based on the exposure head. Therefore, the adjustments are made in accordance with the exposure head.
TANIGUCHI and NOMURA are concerned with proper image forming.
The rationale for combining the teachings of TANGIUCHI with the teachings of NOMURA relates to the rationale of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to use the teaching of TANIGUCHI with the teaching of NOMURA to obtain an adjustment process to improve alignment for a printer with plural exposure heads.
Allowable Subject Matter
Claims 6-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANA M GRAINGER whose telephone number is (571)272-2135. The examiner can normally be reached on Monday - Friday, 9-5.
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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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/QUANA GRAINGER/Primary Examiner, Art Unit 2852
QG
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