DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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Claims 36 and 45 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of copending Application No. 19/297993 (published as US 2025/0370383) (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because even though claim 11 of copending Application No. 19/297993 contains additional limitations, it contains or makes obvious all of the limitations contained in claims 36 and 45.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 36-38, 44, 46, 47 and 51 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kageyama (US 2009/0263171) in view of Kaji et al. (US 2006/0051118).
Kageyama (…171) discloses an image heating device, comprising: a cylindrical film (54); a heater (30) that contacts an inner surface of the cylindrical film; and a pressure roller (15b) configured to form a nip portion together with the heater via the cylindrical film, wherein a toner image formed on a sheet is heated while the sheet is being conveyed and passing through the nip portion ([0092]; and figure 5); wherein the heater includes: a substrate (41) ([0078]; and figure 3); a first heating block (31) provided at a central portion of the substrate in a longitudinal direction thereof ([0078]; and figure 3); a second heating block (34) provided adjacent to the first heating block in the longitudinal direction and positioned closer to one longitudinal end of the substrate than the first heating block ([0078]; and figure 3); and a third heating block (37) provided adjacent to the first heating block in the longitudinal direction and positioned closer to the other longitudinal end of the substrate than the first heating block ([0078]; and figure 3),wherein the image heating device further comprises: wherein the first heating block includes a plurality of heat generating resistors (32) each extending in a straight line in a conveying direction of the sheet and conducting current in the conveying direction, and that are arranged at intervals along the longitudinal direction on the substrate ([0079]; and figure 3); each of the second heating block and the third heating block includes a plurality of heat generating resistors (35 and 38) each extending in a straight line in the conveying direction of the sheet and conducting current in the conveying direction ([0079]; and figure 3), the plurality of heat generating resistors included in the second heating block and the plurality of heat generating resistors included in the third heating block are equal in number, the number is less than a number of the plurality of heat generating resistors included in the first heating block, and arranged at intervals along the longitudinal direction on the substrate ([0078]-[0079]; and figure 3); in each of the first heating block, the second heating block and the third heating block, gap portions extending in the conveying direction are provided between the plurality of heat generating resistors (figure 3); and a gap portion parallel to the gap portions provided between each of the plurality of heat generating resistors are provided between the first heating block and the second heating block, and a gap portion parallel to the gap portions provided between each of the plurality of heat generating resistors are provided between the first heating block and the third heating block (figure 3) [see Applicant’s claim 36]. Heat generating resistors among the plurality of heat generating resistors included in the first heating block are arranged at equal intervals (figure 3) [see Applicant’s claim 37]. The plurality of heat generating resistors included in the second heating block are arranged at equal intervals, and the plurality of heat generating resistors included in the third heating block are arranged at equal intervals (figure 3) [see Applicant’s claim 38]. The plurality of heat generating resistors included in the first heating block, the plurality of heat generating resistors included in the second heating block and the plurality of heat generating resistors included in the third heating block are each disposed in an inclined orientation relative to both the longitudinal direction of the substrate and the conveying direction ([0085]; and figure 3) [see Applicant’s claim 44]. A controller (43) configured to control power to switch between (i) a state in which power is supplied to the plurality of heat generating registers included in the first heating block and not supplied to the plurality of heat generating registers included in the second heating block and the plurality of heat generating registers included in the third heating block, and (ii) a state in which power is supplied to the plurality of heat generating registers included in the first heating block, the plurality of heat generating registers included in the second heating block and the plurality of heat generating registers included in the third heating block ([0080]-[0084]) [see Applicant’s claim 46]. A controller (43) is configured, in accordance with a size of the sheet being conveyed, to set a power supply ratio for the second and third heating blocks relative to the first heating block ([0080]-[0082]) [see Applicant’s claim 47]. An image forming apparatus (figure 8), comprising: an image forming unit configured to form an image on a sheet ([0109]-[0120]; and figure 8); and an image heating device including: a cylindrical film (54); a heater (30) configured to contact an inner surface of the cylindrical film; and a pressure roller (15b) configured to form a nip portion together with the heater via the cylindrical film, wherein a toner image formed on a sheet is being conveyed and passing through the nip portion ([0092]; and figure 5), wherein the heater comprises: a substrate (41) ([0078]; and figure 3); a first heating block (31) provided at a central portion of the substrate in a longitudinal direction thereof ([0078]; and figure 3); a second heating block (34) provided adjacent to the first heating block in the longitudinal direction and positioned closer to one longitudinal end of the substrate than the first heating block ([0078]; and figure 3); a third heating block (37) provided adjacent to the first heating block in the longitudinal direction and positioned closer to the other longitudinal end of the substrate than the first heating block ([0078]; and figure 3); and wherein the image forming apparatus further comprises: wherein the first heating block includes a plurality of heat generating resistors (32) each extending in a straight line in a conveying direction of the sheet and conducting current in the conveying direction, and that are arranged at intervals along the longitudinal direction on the substrate ([0079]; and figure 3); each of the second heating block and the third heating block includes a plurality of heat generating resistors (35 and 38) each extending in a straight line in the conveying direction of the sheet and conducting current in the conveying direction ([0079]; and figure 3), the plurality of heat generating resistors included in the second heating block and the plurality of heat generating resistors included in the third heating block are equal in number, the number is less than a number of the plurality of heat generating resistors included in the first heating block, and arranged at intervals along the longitudinal direction on the substrate ([0078]-[0079]; and figure 3); in each of the first heating block, the second heating block and the third heating block, gap portions extending in the conveying direction are provided between the plurality of heat generating resistors (figure 3); and a gap portion parallel to the gap portions provided between each of the plurality of heat generating resistors are provided between the first heating block and the second heating block, and a gap portion parallel to the gap portions provided between each of the plurality of heat generating resistors are provided between the first heating block and the third heating block (figure 3) [see Applicant’s claim 51]. However, Kageyama (…171) does not disclose the claimed first triac and second triac; and the claimed control. Kaji et al. (…118) disclose a heating device including a first triac (517) and a second triac (518) [see Applicant’s claims 36 and 51]. A controller is configured to control the first triac (517) and the second triac (518) for power control ([0007]; [0008]; and [0049]-[0052]) [see Applicant’s claims 46 and 47]. It would have been obvious to one of ordinary skill in the art at the time of invention to have the claimed first triac and second triac, and the controller for the triacs, since as disclosed by Kaji et al. (…118), such first triac, second triac and controller are well known in the art to control a power of a heating device.
Claims 39-43, 49 and 50 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kageyama (US 2009/0263171) in view of Kaji et al. (US 2006/0051118) as applied to claim 36 above, and further in view of Ishihara et al. (US 2012/0076521).
Kageyama (…171) in view of Kaji et al. (…118) disclose the features mentioned previously. Kageyama (…171) further discloses the plurality of heat generating resistors included in the first heating block, the plurality of heat generating resistors included in the second heating block, and the plurality of heat generating resistors included in the third heating block are mounted on a first surface (front surface) of the substrate (figure 3) [see Applicant’s claim 49]. However, Kageyama (…171) in view of Kaji et al. (…118) do not disclose the claimed electrical connection of the resistors, the resistors having a positive temperature coefficient, the claimed relative length of the heating blocks, the claimed thermo switch and the claimed electrodes. Ishihara et al. (…521) disclose a resistive heating device including a first heating block, a second heating block and a third heating block ([0065]; and figure 4), where the resistors included in the first heating block are electrically connected in parallel ([0077]) [see Applicant’s claim 39]. The resistors included in the second heating block are electrically connected in parallel ([0077]) [see Applicant’s claim 40]. The resistors included in the third heating block are electrically connected in parallel ([0077]) [see Applicant’s claim 41]. Each of the plurality of heat generating resistors included in the first heating block, the plurality of heat generating resistors included in the second heating block and the plurality of heat generating resistors included in the third heating block have a positive temperature coefficient of resistance ([0066]; and [0073]) [see Applicant’s claim 42]. In the longitudinal direction of the substrate, a length of the first heating block is greater than twice a length of the second heating block and is greater than twice a length of a length of the third heating block ([0074]-[0075]; and figure 4) [see Applicant’s claim 43]. The image heating device further comprises a thermo switch (38) being configured to operate, upon abnormal heating of the heater, to stop power supplied to the heater ([0096]; and [0113]), where the placement of the thermo switch is considered to be an engineering decision. A first electrode (33x) provided at a position closer to the one longitudinal end than the second heating block in the longitudinal direction of the substrate; a second electrode (33y) provided at a position closer to the one longitudinal end than the second heating block in the longitudinal direction of the substrate; and a third electrode (33z) provided at a position closer to the other longitudinal end than the third heating block in the longitudinal direction of the substrate block, where power is supplied to the blocks via the electrodes ([0068]-[0070]; [0077]; and figure 4) [see Applicant’s claim 50]. It would have been obvious to one of ordinary skill in the art at the time of the invention to have the claimed electrical connection of the resistors, since as disclosed by Ishihara et al. (…521), such an electrical connection for resistors in a heating device is well known in the art. Also, it would have been obvious to one of ordinary skill in the art at the time of invention for the resistors to have a positive temperature coefficient, since as disclosed by Ishihara et al. (…521), it is well known in the art for resistors in a heating device to have a positive temperature coefficient. Also, it would have been obvious to one of ordinary skill in the art at the time of the invention to have the claimed relative length of the heating blocks, since as disclosed by Ishihara et al. (…521), such a configuration is well known in the art. Also, it would have been obvious to one of ordinary skill in the art at the time of the invention to have the claimed thermo switch, since as disclosed by Ishihara et al. (…521), it is well known in the art to have a thermos switch so as to stop supply of power when an abnormality is detected. Moreover, it would have been obvious to one of ordinary skill in the art at the time of the invention to have the claimed electrodes, since as disclosed by Ishihara et al. (…521), such a configuration is well known in the art.
Claim 48 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kageyama (US 2009/0263171) in view of Kaji et al. (US 2006/0051118) as applied to claim 36 above, and further in view of Yoshioka et al. (US 2004/0256372) and Kurokawa (US 2007/0217806).
Kageyama (…171) in view of Kaji et al. (…118) disclose the features mentioned previously. Kageyama (…171) further discloses the plurality of heat generating resistors included in the first heating block, the plurality of heat generating resistors included in the second heating block, and the plurality of heat generating resistors included in the third heating block are mounted on a first surface (front surface) of the substrate (figure 3) [see Applicant’s claim 48]. However, Kageyama (…171) in view of Kaji et al. (…118) do not disclose the claimed first thermistor, the claimed second thermistor and the claimed controller to set a conveying speed. Yoshioka et al. (...372) disclose an image heating device including a first thermistor (172) at a position corresponding to a first heat member, where the specific placement of the first thermistor is considered to be an engineering decision, and a second thermistor (171) at a position corresponding to a second heat member, where the specific placement of the second thermistor is considered to be an engineering decision, where the power supplied to the first and second heat member is controlled based on the detected temperature by the first thermistor and the second thermistor ([0108]; and figure 27) [see Applicant's claim 48]. It would have been obvious to one of ordinary skill in the art at the time of the invention to have the claimed first thermistor and the claimed second thermistor, as disclosed by Yoshioka et al. (...372), so that a temperature can be determined and used for heat control. Kurokawa (...806) discloses a controller to set a conveying speed, so as to control a temperature ([0142]-[0145]) [see Applicant's claim 48]. It would have been obvious to one of ordinary skill in the art at the time of the invention to have the claimed control of a conveying speed, since as disclosed by Kurokawa (...806), it is well known in the art that such a control of a conveying speed controls a temperature.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANDRA BRASE whose telephone number is (571)272-2131. The examiner can normally be reached M-F.
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/SANDRA BRASE/Primary Examiner, Art Unit 2852 September 19, 2026
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