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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1,4-6 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,066,766. This is a statutory double patenting rejection.
Applicant incorporated claims 4-6 into independent claim 1 in the patent 12,066,766 in the previous U.S. application (18/175,736).
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.
2. Claims 7,13-14 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 7, lines 8-9,12-13 the applicant describes a “charging support portion that supports the charging portion” which is unclear. Referring to Fig.22, the space between an elevating duct 69 and the developing support member 301 (301a) is sealed by a seal 72 and a space between the elevating duct 69 and the drum support member 302 (302a) is sealed by a seal 71 (see par.196). There is no structure associated with just the charging roller 3 that would be considered a “charge support portion” between it and the duct. The drum support member would support the charging roller but the space is formed between the drum support member and the duct and it would be inconsistent and indefinite with the specification to construe the drum support member with a “charging support portion”.
In claim 13, “the third opening portion” lacks proper antecedent basis.
In claim 14, “the fourth opening portion” lacks proper antecedent basis.
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.
3. Claims 1-3,12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kokubu et al. (U.S. 2016/0070230).
Kokubu et al. teach an image forming apparatus 1 (Fig.s 1-2) including a rotatable photoconductor 11, an exposure device 13 for forming a latent image on the photoconductor, a fan 81 for generating an airflow, and a duct 82 which communicates with the fan and guides the airflow toward the exposure device. The exposure device includes a plurality of light emitting portions (chips) 135 positioned on a substrate 131; a housing 134, and a support 133 for supporting the substrate (see Fig.2, par. 27). The fan 81 is connected to a duct 82 which connects to a branching duct 83 which guides air through air blowing openings 747 connected to air inlets 134d of the exposure housing so as to guide air along the housing 134 (acting as an air duct) to the substrate 131. See Fig.3,5,6,9, par. 64-66,79.
Regarding claim 2, the image forming apparatus includes a charging roller 12 for charging the photoconductor, a developing portion 14 for developing a latent image on the photoconductor; the exposure portion 13 and a least part of the duct (housing 134) is located between the charging device and developing device in a direction orthogonal to the rotational axis direction of the photoconductor and a vertical direction as seen in Fig.2.
Regarding claim 3, part of the duct (exposure housing 134) guides air along a second surface of the substrate 131 which is opposite the side of the substrate where the light emitting chips are mounted; the air being guides along the length of the substrate front to back (one side to the other side in a rotational axis direction of the photoconductor). See par.79.
Regarding claim 12, an exterior cover 1a of the image forming apparatus has inherently an air inlet (first) opening at a position facing the inlet fan 81 to take in air from outside the image forming apparatus (par.68,78).
Regarding claim 13, the inlet first opening communicates with the (third) opening 747 of the duct.
Regarding claim 14, the exterior cover 1a includes an exhaust fan 85 which exhausts air out of the cover from a (second) opening 842 (see Fig.8, 12); a (fourth) opening 134d communicates with the (second) exhaust opening (air flows from inlet opening/fan to opening 747 of duct, to opening 134d of exposure housing, then exhausted out the of the image forming apparatus via exhaust opening).
Regarding claim 15, the inlet fan 81 is a first fan, the exhaust fan 85 is a second fan and the duct 82,83,134,86 (see par.80-81).
Regarding claim 16, the image forming apparatus has a fixing device 40; the duct 84 opening 841 faces along the fixing device (Fig.8,12, par.73); the inlet fan 81 is located on an opposite side from a center of the image forming apparatus in a left-right direction as seen in Fig.8 (fan 81 on right side, fixing portion 40 facing duct 84 is located on the left side).
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.
4. Claims 4,17 are rejected under 35 U.S.C. 103 as being unpatentable over Kokubu et al. (U.S. 2016/0070230) in view of Hosoi et al. (U.S. 2018/0101131).
Kokubu et al. taught supra discloses most of what is claimed except the exposure device is movable between an exposure position and a retracted position and the exposure device being an EL device.
Hosoi et al. teach an image forming apparatus 100 (Fig.1) having a detachable process cartridge 500 and an exposure device LED head 105 (Fig.3) which is movable between an exposure position (Fig. 4A) and a retracted position (Fig.4B) via an operator actuating a lever 201. See par.44-49. The LED head may be an EL head (par.34). It would have been obvious to one of ordinary skill in the art before the effective filing date to move the exposure device in Kokubu et al between a retracted and an exposure position as taught in Hosoi et al. because the exposure device lens can be cleaned easily with a cleaning member while it is in the retracted position and a process cartridge can be detached easily without the exposure device interfering with the detachment (see par.5,46).
Allowable Subject Matter
5. Claims 5-6,8-11 are objected to as being dependent upon a rejected base claim, but would be allowable over the prior art if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 5-11, the duct including a duct portion communicating with the fan and an elevating duct that integrally supports the exposure device and moves relatively to the duct portion between the exposure position and the retracted position integrally with the exposure device is not taught, suggested or rendered obvious by the prior art of record. It is noted that claims 5-6 are would still have a double patenting rejection even though they are allowable over the prior art.
6. Claim 7 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Claim 7 is allowable in view of its dependency off allowable subject matter.
Conclusion
7. 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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