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 10 and 11 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.
The term “near” in claim 10 is a relative term which renders the claim indefinite. The term “near” 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. For examination purposes, the term “near” is interpreted broadly to mean adjacent. Correction is required.
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.
Claim 1-13 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 13 recites the limitation “means for being movable” without explicitly describing which part corresponds to the claimed element. As best understood, Applicant’s specification and drawings refer to movable body (90) to correspond to “means for being movable” but it’s unclear what 90 actually includes (refer to Applicant’s FIG. 8, 90 is shown twice referring to each element within 90 or 443). Also, if the “means for being movable” includes to-be-pressed section (443), how is the to-be-pressed section configured to be movable relative to the means for being movable? The disclosure and drawings do not clearly show support for these two elements being movable relative to each other as claimed. Correction is required.
Similarly, claim 1 recites “a movable body including a to-be-pressed section section…the to-be-pressed section being configured to be movable relative to the movable body”. Based on the rejection of claim 13 above, it’s not clearly supported from applicant’s disclosure where the to-be-pressed section is moved relative to the movable body if the movable body includes the to-be-pressed section. Correction is required.
Claim Rejections - 35 USC § 102
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.
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, 2, 10, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi et al. JP 2001-206626 A (hereinafter “Takahashi”).
Regarding claim 1 and 13, Takahashi discloses a recording medium processing device comprising:
a movable body (including elements M3, “drive transmission mechanism”, 651, 650) including a to-be-pressed section (650) which is to be pressed against one end of a recording medium bundle on which a folding process is performed, the to-be-pressed section being configured to be movable relative to the movable body; and
a to-be-operated section (“liquid crystal touch panel 93 of the operation unit 91”) which is provided at a position different from a position of the movable body as well as provided in conjunction (in combination or in association) with the to-be pressed section, and is operated by an operator when the to-be pressed section is moved relative to the movable body.
Regarding claim 2, wherein the to-be-operated section is provided in a fixed state, and is not moved along with the movable body.
Regarding claim 10, wherein the to-be-operated section is provided near (adjacent) a front surface (refer to FIG. 7) of the recording medium processing device.
Regarding claim 12, an image forming system comprising: an image forming apparatus (A) that forms an image on a recording medium; and a recording medium processing device (B) that performs a process on the recording medium on which the image is formed by the image forming apparatus, wherein the recording medium processing device is comprised of the recording medium processing device according to claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS A GONZALEZ whose telephone number is (571)270-3094. The examiner can normally be reached 9am-5:30pm.
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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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/LUIS A GONZALEZ/Primary Examiner, Art Unit 3653