Sharp Kabushiki Kaisha

Patent Trials and Appeals BoardNov 25, 2020

2019004508 (P.T.A.B. Nov. 25, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/644,912 07/10/2017 Takahiro KAWAKAMI 70404.3574/ym 6330 54072 7590 11/25/2020 SHARP KABUSHIKI KAISHA C/O KEATING & BENNETT, LLP 1800 Alexander Bell Drive SUITE 200 Reston, VA 20191 EXAMINER TIEU, BENNY QUOC ART UNIT PAPER NUMBER 2674 NOTIFICATION DATE DELIVERY MODE 11/25/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): JKEATING@KBIPLAW.COM epreston@kbiplaw.com uspto@kbiplaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ________________ Ex parte TAKAHIRO KAWAKAMI ________________ Appeal 2019-004508 Application 15/644,912 Technology Center 2600 ________________ Before JASON V. MORGAN, PHILLIP A. BENNETT, and SCOTT RAEVSKY, Administrative Patent Judges. MORGAN, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–12. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. SUMMARY OF THE DISCLOSURE Appellant’s claimed subject matter relates to an “image forming apparatus [that] has the power saving mode and the normal mode in which 1 “Appellant” refers to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as Sharp Kabushiki Kaisha. Appeal Br. 2. Appeal 2019-004508 Application 15/644,912 2 power consumption is not restricted.” Abstract. This “image forming apparatus includes . . . a display with a touch panel.” Id. When a “power saving inhibition icon is touched[,] switching to the power saving mode is inhibited.” Id. When “a job that has been first performed after the inhibition has been completed, the inhibition of switching to the power saving mode is canceled.” Id. Alternatively, the inhibition of switching to the power saving mode can be canceled after a time has elapsed from when inhibition of switching to the power saving mode was initiated. Spec. ¶ 89. REPRESENTATIVE CLAIMS (Disputed Limitations Emphasized and Bracketing Added) 1. An image forming apparatus having a power saving state and a normal state, the power saving state being a state in which power consumption is restricted to a given value or less, the normal state being a state in which power consumption is not restricted, the image forming apparatus comprising: a switching unit that switches the image forming apparatus between the normal state and the power saving state when a given condition is satisfied; a determination unit that determines whether or not an instruction to inhibit the switching performed by the switching unit is given, when the image forming apparatus is in the normal state; an inhibition unit that temporarily inhibits the switching performed by the switching unit, when the determination unit determines that the instruction to inhibit the switching is given; and [1] a canceling unit that cancels the inhibition of the switching when a job performed in the image forming apparatus is completed, the inhibition being performed by the inhibition unit. 5. An image forming apparatus having a power saving state and a normal state, the power saving state being a state in which Appeal 2019-004508 Application 15/644,912 3 power consumption is restricted to a given value or less, the normal state being a state in which power consumption is not restricted, the image forming apparatus comprising: a switching unit that switches the image forming apparatus between the normal state and the power saving state when a given condition is satisfied; a determination unit that determines whether or not an instruction to inhibit the switching performed by the switching unit is given, when the image forming apparatus is in the normal state; an inhibition unit that, when the determination unit determines that the instruction to inhibit the switching is given, inhibits the switching until a given time is elapsed, the switching being performed by the switching unit; and [2] a canceling unit that cancels the inhibition of the switching when the given time is elapsed from a time that the switching is inhibited, the inhibition being performed by the inhibition unit. REFERENCE The Examiner relies on the following prior art: Name Reference Date Shirai JP 2003-015479 A Jan. 17, 2003 REJECTIONS The Examiner rejects claims 1–12 under 35 U.S.C. § 102(a)(1) as anticipated by Shirai. Final Act. 12–20. ADOPTION OF EXAMINER’S FINDINGS AND CONCLUSIONS We agree with and adopt as our own the Examiner’s findings as set forth in the Answer and in the Final Action from which this appeal was taken, and we concur with the Examiner’s conclusions. We have considered Appeal 2019-004508 Application 15/644,912 4 Appellant’s arguments, but we do not find them persuasive of error. We provide the following explanation for emphasis. ANALYSIS Claims 1–4, 9, and 11 In rejecting claim 1 as anticipated, the Examiner finds that Shirai, by disclosing, when it is determined that use of the copying machine has ended, releasing a prohibition of a copying machine’s shifting to a power saving mode, discloses recitation [1]: “a canceling unit that cancels the inhibition of the switching when a job performed in the image forming apparatus is completed, the inhibition being performed by the inhibition unit.” Final Act. 13–14 (citing Shirai ¶ 22); id. 6–7 (further citing Shirai ¶ 21, Fig. 4); Ans. 14–15. Appellant contends the Examiner erred because “in the system of Shirai, a job performed in the image forming apparatus can be completed, yet the prohibition of shifting to a power saving mode is not released because the paper of the completed job remains in the paper discharge portion of” automatic document feeder (ADF) 10. Appeal Br. 7. Moreover, Appellant argues, “if a portion of the job is removed from the paper discharg[ing] portion of the ADF 10 of Shirai during execution of the job, then the prohibition of shifting to a power saving mode is released prior to the job being completed.” Id. at 7–8. Appellant also argues that it is not accurate to interpret recitation [1] as encompassing “a person removing paper from the ADF 10” because “the removal of the paper from the ADF 10 in Shirai is performed by a person, which does not correspond to a job performed in an image forming apparatus being completed.” Id. at 9. Appeal 2019-004508 Application 15/644,912 5 Appellant’s arguments are not persuasive because, as the Examiner correctly notes, they rely on recitations not recited in claim 1. Ans. 14–15. Not only does recitation [1] fail to include recitations limiting how it is determined “when a job performed in the image forming apparatus is completed,” but the cited portions of the Specification fails to describe anything beyond responding to the determination of “whether or not a job has been completed.” Spec. ¶ 80; see also Spec. ¶¶ 53, 81, Fig. 5 (cited in Appeal Br. 3). Furthermore, detecting that paper is no longer in the automatic document feeder falls within a broad but reasonable interpretation of determining that “a job performed in the image forming apparatus is completed” because, as Shirai discloses, when “a user takes out the manuscript . . . [the copying machine] judges that use of [the] copying machine was ended, and [the copying machine] releases prohibition of [a] shift to power saving mode.” Shirai ¶ 22. Therefore, we agree with the Examiner that Shirai discloses recitation [1]. Accordingly, we sustain the Examiner’s anticipation rejection under 35 U.S.C. § 102(a)(1) of claim 1, and claims 2–4 and 9–12, which Appellant does not argue separately. Claims 5–8, 10, and 12 In rejecting claim 5 as anticipated, the Examiner finds that Shirai’s reliance on a predetermined time having passed before releasing prohibition on a shift to a power saving mode discloses recitation [2]: “a canceling unit that cancels the inhibition of the switching when the given time is elapsed from a time that the switching is inhibited, the inhibition being performed by Appeal 2019-004508 Application 15/644,912 6 the inhibition unit.” Final Act. 17 (citing Shirai ¶¶ 19, 28, Figs. 2, 4, 7); Ans. 22. Appellant contends the Examiner erred because Shirai teaches “that the prohibition of shifting to a power save mode is released when the time counted by the clock starting from the employee’s scheduled end time exceeds a predetermined time.” Appeal Br. 10 (citing Shirai ¶ 28). Appellant’s argument is not persuasive because Shirai specifically discloses an embodiment in which, after a power saving mode inhibit key is pressed (S6), shifting to power saving mode is inhibited (S7), and, in the state where shifting to power saving mode is inhibited (S1), waiting for a current time to pass a specified time (S31) before the power saving mode shift inhibition is lifted (S32). Shirai ¶ 28, Figs. 4, 7 (cited in Final Act. 17); id. ¶ 27 (cited in Final Act. 16). This disclosed flow of operations relies on a predetermined time elapsing from when shifting to power saving mode is inhibited, not from a scheduled end time as Appellant argues. Appeal Br. 10. Therefore, we agree with the Examiner that Shirai discloses recitation [2]. Final Act. 17. Accordingly, we sustain the Examiner’s anticipation rejection under 35 U.S.C. § 102(a)(1) of claim 5, and claims 6–8, 10, and 12. Appeal 2019-004508 Application 15/644,912 7 CONCLUSION In summary: Claims Rejected 35 U.S.C. § References Affirmed Reversed 1–12 102(a)(1) Shirai 1–12 TIME PERIOD FOR RESPONSE No time period for taking subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED