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 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 2 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 2 recites the limitations "the front side" and “the back side.” There is insufficient antecedent basis for these limitations in the claim.
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.
As best understood, claim(s) 1-2 and 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP H0986675 (“JP ‘675”).
Regarding claim 1, JP ‘675 disclosed a medium conveying apparatus comprising:
a placement part to support a medium (see Figure 1);
a roller (52, 59) for rotating about a rotation axis (within 53, 57, 80) perpendicular to a medium conveying direction to assist conveyance of the medium;
a first arm and a second arm provided on the placement part (to the left and right of the 53, 57, see at least Figures 2, 4, 13, 15 or 58 in Figure 5);
an opening defined between the first arm and the second arm (Figures 1 and 2), wherein
the roller is installable between the first arm and the second arm through the opening (see at least Figures 1 and 2).
Regarding claim 2, at least one of the first arm and the second arm is configured such that it could deflect inward in a direction perpendicular to the medium conveying direction when the roller is pressed from the front side of the placement part to the back side (see at least Figures 2, 4, 13, 15).
Regarding claim 4, JP ‘675 disclosed a diameter of a body of the roller at an end portion in a direction perpendicular to the medium conveying direction is less than a diameter of the body of the roller at a central portion in the direction perpendicular to the medium conveying direction (Figure 1).
Regarding claim 5, JP ‘675 disclosed the roller includes an aperture or a recessed part (the portion beneath the top of roller 59 seen in Figure 5), and an engaging part engaged with the aperture or the recessed part is formed on at least one of the first arm and the second arm (Figure 5).
Regarding claim 6, JP ‘675 disclosed at least one of the first arm and the second arm includes an aperture or a recessed part, and a rotation shaft of the roller is an engaging part engaged with the aperture or the recessed part (see at least Figures 1 and 2).
Regarding claim 7, JP ‘675 disclosed the roller extends across a center of the width of the placement part (Figures 3-5).
Regarding claim 8, JP ‘675 disclosed a first surface inclined relative to the placement part is formed on an upper surface of the engaging part, and a second surface inclined relative to the placement part is formed on a lower surface of the engaging part (see Figures 13 and 14).
Regarding claim 9, JP ‘675 disclosed a rib formed on the placement part (seen on 58 in Figure 5), wherein the rib extends longitudinally along a longitudinal axis along the medium conveying direction, and wherein said longitudinal axis extends across the roller.
Regarding claim 10, JP ‘675 disclosed a second roller, located on an upstream side or a downstream side of the roller in the medium conveying direction on the placement part, to assist conveyance of the medium (Figure 4).
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because of the new grounds of rejection necessitated by the amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD J SANDERS whose telephone number is (571)270-3096. The examiner can normally be reached M-F 8:00-5:00.
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, Michael McCullough can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOWARD J SANDERS/Primary Examiner, Art Unit 3653
