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 .
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.
Election/Restrictions
Applicant’s election without traverse of the species of Embodiment 22 in the reply filed on 02/10/2026 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/10/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
the conducting member 200 and the developing regulating member 29 not overlapping in the first (axial) direction
the conducting member 200 configured to contact an inner side of the second flat portion 2913
the conducting member 200 provided above the fixed body 291 in the third (top/down) direction
the conducting member 200 configured to contact an outer side of the first flat portion 2912 in combination with the conducting member 200 configured to contact an inner side of the second flat portion 2913
as it pertains to elected Embodiment 22, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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. While the office recognizes the amended title as a bona fide attempt to address the previous objection to the title, having a developing cartridge being detachable is not particularly indicative of the invention.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a driving force receiving member, a developer regulating member, a conducting member, a conductive member introduced in claim 1; a fixed body, a regulating body introduced in claim 3. Every term that is referred to as a “device”, “part”, “member”, “unit”, or “portion” to execute a function without sufficient structure, is being considered a generic placeholder reciting a means-plus-function limitation under 35 U.S.C. 112(f).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed. See MPEP § 608.01(n).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites inter alia, “the conducting member and the developing regulating member do not overlap in the first direction”. The Office finds no support for this feature in the originally filed specification. As can be seen in Figs. 51-54, corresponding to elected Embodiment 22, conducting member 200 and regulating member 29 overlap in the first direction.
The combined features of conducting member 200 configured to contact an outer side of the first flat portion 2012 (as in claim 8) in combination with the conducting member 200 configured to contact an inner side of the second flat portion 2013 (as in claim 6), are not described in the originally filed specification.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The specification does not enable one skilled in the art to make a developing cartridge in which Claim 1 “the conducting member and the developing regulating member do not overlap in the first direction”.
Claims 2 and 4-10 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “projection(s)” in claims 2 and 10 appears to be used by the claims to mean “view(s), outline(s)” from a specified direction, while the accepted meaning is “protuberance, bulge, protrusion”. The term is indefinite because the specification does not clearly redefine the term. For the purpose of examination over prior art, claim 2 is interpreted as, “when viewed from the first direction, the conductive assembly and the developing regulating member do not overlap”. For the purpose of examination over prior art, claim 10 is interpreted as, “when viewed from the second direction or the third direction, at least a part of the conducting member overlaps with the developing regulating member”.
The term “substantially” in claim 4 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the degree of extension of the conductive member in the second direction and the degree of extension of the conducting member in the first direction are rendered indefinite.
The term “away” in claim 5 is a relative term which renders the claim indefinite. The term “away” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the relative placement of the conducting member from the regulating body is rendered indefinite.
Claim 6 and 8 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 structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: a point of reference from which to determine an inner side of the second flat portion and an outer side of the first flat portion. For the purpose of examination over prior art, inner side and outer side are interpreted relative to the interior angle formed by bent portion 2914.
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.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,782,219 to Yoshino et al.
Yoshino teaches:
(claim 1) A developing cartridge (4,Fig.4) comprising:
a housing (300) configured to extend along a first direction;
a driving force receiving member (307) provided at one end of the developing cartridge; and
a developing roller (305) being located at the housing in a rotatable manner, with a rotation axis parallel to the first direction;
wherein the developing cartridge further comprises:
a developing regulating member (332, Fig.3) fixedly mounted on the housing (col.6 lines 17-20); and
a conductive assembly (312, Figs.20-23) for receiving electric power from an imaging apparatus and transmitting it to the developing regulating member;
wherein the developing roller comprises a developing roller shaft and a developing layer, the developing layer being farther from the rotation axis of the developing roller than a circumferential surface of the developing roller shaft (Fig.3);
wherein the conductive assembly is not electrically connected to the developing roller shaft (col. 16 lines 1-17);
the conductive assembly comprises a conductive member (312) and a conducting member (312A), the conducting member electrically connecting the conductive member and the developing regulating member; and
the conducting member and the developing regulating member do not overlap in the first direction (Fig.22 shows conducting member 312A on inner surface of 310A and Fig.20 shows 310A further outward than regulating blade in axial direction).
(claim 2) The developing cartridge according to claim 1, wherein projections of the conductive assembly and the developing regulating member do not overlap in the first direction (Fig. 20 in view of Fig.22, see also Figs.4, 6, 19).
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180004125 to Nonaka et al.
Nonaka teaches:
(claim 1) A developing cartridge (D) comprising:
a housing (21) configured to extend along a first direction;
a driving force receiving member (38, Fig.2A) provided at one end of the developing cartridge; and
a developing roller (23) being located at the housing in a rotatable manner, with a
rotation axis parallel to the first direction;
wherein the developing cartridge further comprises:
a developing regulating member (24) fixedly mounted on the housing; and
a conductive assembly (40+50) for receiving electric power from an imaging apparatus and transmitting it to the developing regulating member;
wherein the developing roller comprises a developing roller shaft and a developing layer, the developing layer being farther from the rotation axis of the developing roller than a circumferential surface of the developing roller shaft (Fig.5);
wherein the conductive assembly is not electrically connected to the developing roller shaft [0108];
the conductive assembly comprises a conductive member (exposed portion of 40 in 33a, Fig.8) and a conducting member (portion of 40 in contact with 50), the conducting member electrically connecting the conductive member and the developing regulating member; and
the conducting member and the developing regulating member do not overlap in the first direction (Fig.8, 40 does not overlap 24 in a top-down direction).
(claim 2) The developing cartridge according to claim 1, wherein projections of the conductive assembly and the developing regulating member do not overlap in the first direction (Fig.8).
(claim 3) The developing cartridge according to claim 1, wherein the developing regulating member comprises a fixed body (25) fixedly connected to the housing and a regulating body (26) provided on the fixed body (Fig.4), and the conducting member has one end electrically connected to the conductive member and the other end electrically connected to the fixed body (Fig.8).
(claim 4) The developing cartridge according to claim 3, wherein in a second direction intersecting the first direction, a side where the developing roller is located is a front of the developing cartridge, and an opposite side to the developing roller is a rear; the conductive member is configured to extend substantially along the second direction, and the conducting member is configured to extend substantially along the first direction (Fig.8).
(claim 5) The developing cartridge according to claim 4, wherein in the second direction, an end of the conducting member for connecting to the fixed body is provided on a side of the fixed body away from the regulating body (Fig.8).
(claim 6) The developing cartridge according to claim 4, wherein the fixed body (25) comprises a second flat portion (see flat portions of 25 in Fig.4) fixedly connected to the regulating body (26), and in the second direction (horizontal in Fig.4), the conducting member (40+50) is configured to contact an inner side of the second flat portion (Fig.8).
(claim 7) The developing cartridge according to claim 4, wherein a third direction of the developing cartridge intersects both the first direction and the second direction, with one end of the third direction pointing upward of the developing cartridge and the other end pointing downward; in the third direction, the conducting member (40+50) is provided above the fixed body (25) (Fig.6A in view of Fig.8, at least portions of 40 and 50 meet this feature).
(claim 8) The developing cartridge according to claim 6, wherein the fixed body (25) further comprises a first flat portion and a bent portion connecting the first flat portion and the second flat portion (see Fig.4); in the third direction, the conducting member (40+50) is configured to contact an outer side of the first flat portion (Fig.4, screw 50 contacts outer side of 25).
(claim 9) The developing cartridge according to claim 8, wherein the first flat portion and the second flat portion are provided at a right angle (Fig.4).
(claim 10) The developing cartridge according to claim 7, wherein in the second direction or the third direction, at least a part of the conducting member (40+50) overlaps with a projection of the developing regulating member (24) (Fig.8 shows overlap in the second direction viewed from the third direction).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARLENE HEREDIA whose telephone number is (571)272-8393. The examiner can normally be reached M-F: 9:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at (571) 272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Arlene Heredia Ocasio/Primary Examiner, Art Unit 2852
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