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 .
Claim Objections
Claims 13, 16, 19, and 22 are objected to because of the following informalities:
Each of these claims contains two occurrences of the term “heart holder” that should be corrected to --heater holder--. See:
the 2nd line of the 7th paragraph of claim 13
the 4th line of the 7th paragraph of claim 13
the 2nd line of the 7th paragraph of claim 16
the 4th line of the 7th paragraph of claim 16
the 2nd line of the 7th paragraph of claim 19
the 4th line of the 7th paragraph of claim 19
the 2nd line of the 7th paragraph of claim 22
the 4th line of the 7th paragraph of claim 22.
Appropriate correction is required.
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 13-24 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 13 recites “wherein as viewed in the direction that is vertical to both the longitudinal direction and the recording material feeding direction, said upstream side and said downstream side are overlapped with respect to the longitudinal direction”. This is confusing, because the upstream side and downstream side are set forth as being upstream and downstream with respect to the recording material feeding direction (A direction in Fig. 9). It does not appear that the upstream side and downstream side ever overlap with respect to the longitudinal direction (B direction in Fig. 9).
As such, claim 13 is rendered indefinite.
Claims 16, 19, and 22 are rendered indefinite for reasons similar to claim 13.
Dependent claims 14-15, 17-18, 20-21, 23-24 are rendered indefinite due to their dependence upon indefinite claims.
For examination purposes, the indefinite language will be interpreted as the upstream and downstream sides overlapping with respect to the recording material feeding direction.
Note: the following rejections are based upon the claims as best understood by Examiner.
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 13-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 12,416,884 (“the patent”) in view of Umeda et al. (US 2017/0219969; “Umeda”).
Regarding outstanding claim 13, claim 13 (including claim 1, upon which claim 13 depends) of the patent claims:
Outstanding claim language
Patent claim language
A fixing device comprising: a cylindrical fixing film; a heater configured to heat said fixing film, said heater being arranged in an internal space of said fixing film such that a longitudinal direction thereof is along a longitudinal direction of said fixing film;
A fixing device comprising: a cylindrical fixing film; a heater configured to heat said fixing film, said heater being arranged in an internal space of said fixing film such that a longitudinal direction thereof is along a longitudinal direction of said fixing film; (see claim 1)
a heater holder including a heater holding portion configured to hold said heater; and
a heater holder including a heater holding portion holding said heater; (see claim 1)
a pressing roller configured to sandwich said fixing film with said heater in contact with an outer peripheral surface of said fixing film, and configured to form a nip between itself and said fixing film, wherein a recording material on which a toner image is carried is heated while being fed by said nip and the toner image is fixed on the recording material,
a pressing roller forming a nip, between itself and said fixing film to be heated by said heater, in which a toner image carried on a recording material is fixed, the pressing roller forming the nip with the heater via the fixing film, (see claim 1)
wherein said heater holder includes a first area, opposing said pressing roller via said fixing film, which is on a side upstream of said heart holder with respect to a recording material feeding direction, and a second area, opposing said pressing roller via said fixing film, which is on a side downstream of said heart holder with respect to the recording material feeding direction,
wherein said heater holder comprises: an opposing surface which is provided on a side upstream of said heater holding portion with respect to a recording material feeding direction and which opposes said pressing roller;
a side downstream of said heater holding portion of said heater holder with respect to the recording material feeding direction (see claim 12)
wherein, of said first area and said second area, only said first area is arranged with plural lubricant holding portions which are plural recessed portions holding a lubricant, respectively, each recessed portion of said plural recessed portions having four corners as viewed in a direction that is vertical to both the longitudinal direction and the recording material feeding direction,
wherein the lubricant held in said plural recessed portions is supplied between said fixing film and said heater, wherein said plural lubricant holding portions are arranged in an area where said heater exists with respect to the longitudinal direction, wherein each said recessed portion of said plural lubricant holding portions includes an upstream side which connects two corners, of said four corners, positioned upstream with respect to the recording material feeding direction, and a downstream side which connects two corners, of said four corners, positioned downstream with respect to the recording material feeding direction,
plural lubricant holding portions arranged on said opposing surface in the longitudinal direction and arranged in an area where said heater exists with respect to the longitudinal direction, the plural lubricant holding portions being configured to supply a lubricant to between said fixing film and said heater, each lubricant holding portion of the plural lubricant holding portions having four corners, a side on an upstream side in the recording material feeding direction and a side on a downstream side in the recording material feeding direction, and extending in the recording material feeding direction, and said side on the upstream side and said side on the downstream side overlapping when viewed in the recording material feeding direction, (see claim 1)
wherein plural lubricant holding portions are not formed on a side downstream of said heater holding portion of said heater holder with respect to the recording material feeding direction (see claim 12)
wherein as viewed in the direction that is vertical to both the longitudinal direction and the recording material feeding direction, a first phantom line passing through a center of said upstream side and a center of said downstream side is inclined so as to be close to a second phantom line which is a phantom line vertical to the longitudinal direction and passes through a center of the recording material with respect to the longitudinal direction as the first phantom line goes downstream with respect to the recording material feeding direction,
wherein those of said plural lubricant holding portions that are positioned on an end side of said heater holder in the longitudinal direction are inclined so that a first phantom line, which passes through a center of said side of said lubricant holding portion on the upstream side and a center of said side of said lubricant holding portion on the downstream side, is inclined toward a second phantom line through which a center of the recording material in the longitudinal direction passes as the first phantom line goes to the downstream side of the first phantom line when viewed in a direction which is vertical to both the longitudinal direction and the recording material feeding direction, (see claim 1)
wherein , said upstream side and said downstream side are overlapped with respect to the longitudinal direction (i.e., with respect to the recording material feeding direction, as best understood), and
said side on the upstream side and said side on the downstream side overlapping when viewed in the recording material feeding direction (see claim 1)
wherein as viewed in the direction that is vertical to both the longitudinal direction and the recording material feeding direction, an angle formed by the first phantom line and the second phantom line of a lubricant holding portion, of said plural lubricant holding portions, located close to an end side of said heater holder with respect to the longitudinal direction is larger than an angle formed by the first phantom line and the second phantom line of a lubricant holding portion, of said plural lubricant holding portions, located close to the second phantom line with respect to the longitudinal direction.
wherein, with respect to the recording material feeding direction, an inclination angle of a lubricant holding portion of said plural lubricant holding portions located close to said end side of said heater holder in the longitudinal direction is larger than an inclination angle of a lubricant holding portion of said plural lubricant holding portions located close to the second phantom line through which the center of the recording material passes in the longitudinal direction (see claim 1)
Claim 13 of the patent fails to claim the lined-out portions above.
Umeda teaches a similar fixing device including a heater holder 4 arranged in an internal space of a fixing film 1 and configured to hold a heater 2. Heater holder 4 further includes a first area with lubricant holding portions 12a on an upstream side of the heater holder and a second area with lubricant holding portions 12b on a downstream side of the heater holder (Figs. 1A and 5C; [0039, 0128]). Additionally, when viewed in a direction that is vertical to both a longitudinal direction and a recording material feeding direction (i.e., the view in Fig. 5C), the upstream and downstream sides overlap in the recording material feeding direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to claim the heater holder arranged in an internal space of the fixing film and as viewed in the direction that is vertical to both the longitudinal direction and the recording material feeding direction, said upstream side and said downstream side are overlapped in the recording material feeding direction. It has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results. In this instance, the predictable results would be the effective heating and lubrication of the fixing film.
Outstanding claim 16 claims the same limitations as outstanding claim 13 but worded slightly differently, and the same rejection applies.
Outstanding claim 19 claims the same limitations as outstanding claim 13, except claims “recessed portions” instead of “lubricant holding portions” and omits limitations regarding lubricant. Therefore, the same rejection applies.
Outstanding claim 22 claims the same limitations as outstanding claim 19 but worded slightly differently, and the same rejection applies.
Regarding outstanding claims 14, 17, 20, and 23, claim 13 of the patent fails to claim wherein the second area is a flat surface.
Umeda teaches the second area (downstream of the nip) of heater holder 4 being a flat surface (see Fig. 5C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to claim wherein the second area is a flat surface. It has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results. In this instance, the predictable results would be the effective heating and lubrication of the fixing film.
Regarding outstanding claims 15, 18, 21, and 24, claim 13 of the patent fails to claim an image forming apparatus comprising: a photosensitive member on which an electrostatic latent image is formed; a developing unit configured to develop the electrostatic latent image with toner to form a toner image; a transfer unit configured to transfer the toner image onto a recording material; and the fixing device according to Claim 13, configured to fix the toner image carried by the recording material.
Umeda teaches an image forming apparatus (Fig. 2 [0023]) comprising: a photosensitive member 201 on which an electrostatic latent image is formed; a developing unit (developing device) configured to develop the electrostatic latent image with toner to form a toner image; a transfer unit (transfer roller) configured to transfer the toner image onto a recording material P; and the fixing device (image heating device) configured to fix the toner image carried by the recording material. (See Fig. 2 and [0031-0034].)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to claim an image forming apparatus comprising: a photosensitive member on which an electrostatic latent image is formed; a developing unit configured to develop the electrostatic latent image with toner to form a toner image; a transfer unit configured to transfer the toner image onto a recording material; and the fixing device according to Claim 13, configured to fix the toner image carried by the recording material.
It has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results. In this instance, the predictable results would be the effective heating and fixing of an image to a sheet within an image forming apparatus.
Prior Art
Mimbu et al. US 11,474,461 is cited as related art.
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
