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.
Drawings
The drawings are objected to because in Fig.s 2(a) and 6(a), “BUSS” should be changed to -- BUS --; in Fig.7, “THER” should be changed to – IS THERE -- Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01.
In claim 1, lines 16-17, the applicant claims a controller which stops the initialization operation when an overload state of the motor is detected however a detector to detect this overload state is not claimed and considered an essential element because one cannot have a controller which stops the initialization operation when an overload state of the motor is detected without a detector to detect the overload state.
Claims 3,5,7 and 14 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.
In claim 3, line 3, the phrase “a part of the at least two new cartridges” is unclear.
It appears applicant is claiming that at least two new cartridges are installed and a used cartridge is installed (cartridge which has completed the initial operation) – that is at least three cartridges (two new, one old) and that the target cartridge is determined from among the new cartridges. The applicant should amend this claim so that this is clearly recited.
In claim 5, line 6, the phrase “in an order closer to the opening” is not understood and is confusing. It is believed the applicant intends to claim that the cartridges are drawn out sequentially wherein the one is closest to the opening (or open/close portion/door), which is determined when the tray is fully installed within the apparatus, is drawn out first. It is noted that there is a certain order of cartridges relative to the door when the tray is fully installed within the apparatus and that this order changes when the tray is fully slid out from the apparatus (the one closest to the door when tray is fully inserted becomes the one furthest from the door when the tray is slid out from the apparatus). The applicant should amend the claims with this in mind.
In claim 5, lines 7-9, the applicant recites that the target cartridge is a cartridge positioned closest to the open/close portion (door) which is not understood. First, the order of cartridges must be clarified as explained above and second, the target cartridge being determined to always include a cartridge that is closest to the door is not understood. For example, what if the cartridge closest to the door is a used cartridge or a new cartridge that does not have an overload state detected? In this case, the closest cartridge to the door would not be determined to be the target cartridge.
In claim 7, lines 2,3, and 6, the phrase the “one target cartridge includes a part of the two new cartridges” is unclear. See claim 3 above.
In claim 14, line 8, -- the toner image -- should be inserted after “detecting”.
Allowable Subject Matter
Claims 1-17 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.
Claims 1-17 are allowable over the prior art because applicant claims an image forming apparatus in which cartridges are mountable and dismountable from the apparatus; the apparatus including a casing on which the cartridges are mountable and dismountable; a motor; driving members which are driven by the motor and each of the driving members being engageable with the cartridges to drive each of the cartridges; a controller which controls the motor and performs an initial operation in which the driving members are driven by the motor in a state in which at least one new cartridge is mounted to the casing before performing an image forming operation; the controller performing the initial operation in a first state in which the same number of cartridges as that of the driving members are mounted on the casing and a second state in which a smaller number of the cartridges than that of the driving members are mounted; the controller performing a resolving operation to stop the initial operation when an overload state of the motor is detected during the initial operation in a state where at least two new cartridges are mounted to the casing, to determine at least one target cartridge, and to display information relating to the removal of the at least one target cartridge; the controller determining at least one target cartridge for removal while at least one new cartridge still remains in the casing which is not taught, suggested or rendered obvious by the prior art of record (italics indicate patentable features over the prior art).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawashima, Yoshimoto, Kihara et al., Akiba, Nakamoto et al., and Mochizuki et al. all teach detachable process cartridges having an associated motor, an initialization process and a controller to determine an abnormality of a motor which are relevent to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT B BEATTY whose telephone number is (571) 272-2130. The examiner can normally be reached on M-F from 7 to 3.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Stephanie Bloss, can be reached on (571) 272-3555. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-2130.
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/ROBERT B BEATTY/Primary Examiner, Art Unit 2852
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