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 .
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 1-5 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-5 of copending Application No. 19/364,379 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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.
Claims 1-5 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Akimoto US 20160011555.
Regarding claim 1, Akimoto discloses:
An image forming apparatus comprising:
a manual bypass tray (250) (FIG. 2) configured to receive a recording sheet having an unspecified length in a sheet feeding direction;
a long sheet feeding cassette (251-254) (FIG. 2) removably attached to the image forming apparatus, and configured to receive a long recording sheet of up to a predetermined length;
an image forming device (FIG. 2) that forms an image on the recording sheet;
a transport device (transport rollers/guides) (FIG. 2) that transports the recording sheet placed on the manual bypass tray and the long sheet feeding cassette, to the image forming device;
a size storage device (110/150) (FIG. 1) that stores therein manual size information indicating a size of the recording sheet placed on the manual bypass tray, and long size information indicating a size of the recording sheet stored in the long sheet feeding cassette [0058-59] (FIG. 7);
an operation device (160) (FIG. 3) that receives an input of an instruction from a user; and
a control device (110/131) (FIG. 1) including a processor, and configured to act, when the processor executes a control program, as:
a controller that executes a printing operation according to a print job, including causing the transport device to transport the recording sheet from the manual bypass tray or the long sheet feeding cassette, to the image forming device, and causing the image forming device to form an image on the recording sheet [0035-37];
a first decider that decides whether the recording sheet size indicated by the manual size information accords with a print size designated by the print job [0063 and 0103] (when sheet is fed from manual bypass tray 250); and
a second decider that decides whether the recording sheet size indicated by the long size information accords with the print size designated by the print job [0063 and 0103] (when sheet is fed from long sheet feeding cassette 251-254),
wherein, when the first decider decides, in a case where the print size designated by the print job is longer than the recording sheet size indicated by the manual size information, and the recording sheet is transported from the manual bypass tray to the image forming device, that the recording sheet size indicated by the manual size information discords from the print size designated by the print job, the controller executes the printing operation based on the print job, when an instruction to permit the printing operation is received by the operation device, and suspends the printing operation based on the print job, when an instruction to reject the printing operation is received by the operation device [0089 and 0103] (FIG. 6B) (when sheet is fed from manual bypass tray 250).
Regarding claim 2, Akimoto discloses:
wherein the controller suspends the printing operation based on the print job, when the second decider decides, in the case where the print size designated by the print job is longer than the recording sheet size indicated by the long size information, and the recording sheet is transported from the long sheet feeding cassette to the image forming device according to the print job, that the recording sheet size indicated by the long size information discords from the print size designated by the print job [0089] (when sheet is fed from long sheet feeding cassette 251-254).
Regarding claim 3, Akimoto discloses:
a detector that detects a length in the sheet feeding direction, of the recording sheet delivered from the manual bypass tray [0063];
wherein, when the processor executes the control program, the control device further configured to act as a third decider that decides whether the length of the recording sheet in the sheet feeding direction, detected by the detector, accords with the print size designated by the print job [0103],
wherein, when the third decider decides that the length of the recording sheet in the sheet feeding direction discords from the print size designated by the print job,
the controller executes printing operation based on the print job, when an instruction to permit the printing operation is received by the operation device, and suspends the printing operation based on the print job, when an instruction not to permit the printing operation is received by the operation device [0089 and 0103] (FIG. 6B).
Regarding claim 4, Akimoto discloses:
wherein, when the manual bypass tray and the long sheet feeding cassette are both attached to the image forming apparatus, and the print size designated by the print job is the long size, and
when the first decider decides that the recording sheet size, indicated by the size information about the recording sheet placed on the manual bypass tray, discords from the print size designated by the print job, and further, when the second decider decides that the recording sheet size, indicated by the size information about the recording sheet stored in the long sheet feeding cassette, discords from the print size designated by the print job;
the controller executes the printing operation, using the recording sheet placed on the manual bypass tray [0109-123] (FIG. 10) (when manual bypass tray is second target tray set to forcible print mode).
Regarding claim 5, Akimoto discloses:
wherein, when the manual bypass tray and the long sheet feeding cassette are both attached to the image forming apparatus, and the print size designated by the print job is the long size, and
when the first decider decides that the recording sheet size, indicated by the size information about the recording sheet placed on the manual bypass tray, discords from the print size designated by the print job, and further, when the second decider decides that the recording sheet size, indicated by the size information about the recording sheet stored in the long sheet feeding cassette, accords with the print size designated by the print job,
the controller executes the printing operation, using the recording sheet stored in the long sheet feeding cassette [0109-118] (FIG. 10) (when first target tray is changed from manual bypass tray to long sheet feeding cassette having sheet size matching print job).
Claims 1 and 3 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Masui et al. US 20090190936.
Regarding claim 1, Masui et al. discloses:
An image forming apparatus comprising:
a manual bypass tray (160) (FIG. 4) [0077] configured to receive a recording sheet having an unspecified length in a sheet feeding direction;
a long sheet feeding cassette (170) (FIG. 4) removably attached to the image forming apparatus, and configured to receive a long recording sheet of up to a predetermined length;
an image forming device (150) (FIG. 4) that forms an image on the recording sheet;
a transport device (transport rollers/guides) that transports the recording sheet placed on the manual bypass tray and the long sheet feeding cassette, to the image forming device;
a size storage device (145) (FIG. 4) that stores therein manual size information indicating a size of the recording sheet placed on the manual bypass tray, and long size information indicating a size of the recording sheet stored in the long sheet feeding cassette [0086];
an operation device (display unit/185) (FIG. 4) [0058] that receives an input of an instruction from a user; and
a control device (190) (FIG. 4) including a processor, and configured to act, when the processor executes a control program, as:
a controller that executes a printing operation according to a print job, including causing the transport device to transport the recording sheet from the manual bypass tray or the long sheet feeding cassette, to the image forming device, and causing the image forming device to form an image on the recording sheet [0088];
a first decider that decides whether the recording sheet size indicated by the manual size information accords with a print size designated by the print job [0083 and 0091] (when sheet is fed from manual bypass tray 160); and
a second decider that decides whether the recording sheet size indicated by the long size information accords with the print size designated by the print job [0080-81],
wherein, when the first decider decides, in a case where the print size designated by the print job is longer than the recording sheet size indicated by the manual size information, and the recording sheet is transported from the manual bypass tray to the image forming device, that the recording sheet size indicated by the manual size information discords from the print size designated by the print job, the controller executes the printing operation based on the print job, when an instruction to permit the printing operation is received by the operation device, and suspends the printing operation based on the print job, when an instruction to reject the printing operation is received by the operation device [0091, 0093, and 0116] (FIG. 7) (printing is suspended when stop request is input and printing is permitted when sheet exchange completion button is pressed).
Regarding claim 3, Masui et al. discloses:
a detector that detects a length in the sheet feeding direction, of the recording sheet delivered from the manual bypass tray [0083];
wherein, when the processor executes the control program, the control device further configured to act as a third decider that decides whether the length of the recording sheet in the sheet feeding direction, detected by the detector, accords with the print size designated by the print job [0091],
wherein, when the third decider decides that the length of the recording sheet in the sheet feeding direction discords from the print size designated by the print job,
the controller executes printing operation based on the print job, when an instruction to permit the printing operation is received by the operation device, and suspends the printing operation based on the print job, when an instruction not to permit the printing operation is received by the operation device [0091, 0093, and 0116] (FIG. 7) (printing is suspended when stop request is input and printing is permitted when sheet exchange completion button is pressed).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Masui et al. US 20090190936 in view of Akimoto US 20160011555.
Regarding claim 2, Masui et al. discloses the limitations of claim 1 as set forth above, but does not explicitly disclose wherein the controller suspends the printing operation based on the print job, when the second decider decides, in the case where the print size designated by the print job is longer than the recording sheet size indicated by the long size information, and the recording sheet is transported from the long sheet feeding cassette to the image forming device according to the print job, that the recording sheet size indicated by the long size information discords from the print size designated by the print job.
Akimoto discloses wherein the controller (110/131) (FIG. 1) suspends the printing operation based on the print job, when the second decider decides, in the case where the print size designated by the print job is longer than the recording sheet size indicated by the long size information, and the recording sheet is transported from the long sheet feeding cassette to the image forming device according to the print job, that the recording sheet size indicated by the long size information discords from the print size designated by the print job [0089] (when sheet is fed from long sheet feeding cassette 251-254).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus as disclosed by Masui et al. to include the detection and control as disclosed by Akimoto in order to prevent printing on incorrect sized sheets fed from the long sheet feeding cassette.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS S GIAMPAOLO II whose telephone number is (571)272-6619. The examiner can normally be reached T-Th 9-5.
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/THOMAS S GIAMPAOLO II/Primary Examiner, Art Unit 2852
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