DETAILED ACTION
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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 7 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Akira (WO 2017014276).
Regarding claim 1, Akira discloses a binding machine (Fig. 1-38), comprising:
a pair of feed gears (242) configured to feed a plurality of wires (230a-b); a curl forming portion (238) comprising a curl guide (238) and a leading guide (260), the curl forming portion configured to constitute a looped feeding path for winding the plurality of wires fed by the pair of feed gears around a binding object; and
a binding portion comprising a wire locking body (106a,b) and a sleeve (102), the binding portion configured to twist the plurality of wires wound around the binding object (see description of Fig. 33D), wherein
the curl guide (238) is configured to curl the plurality of wires fed by the pair of feed gears; and
the leading guide (260) is configured to lead the plurality of wires curled by the curl guide to the binding portion,
the curl guide includes:
a first wire guide (shown below) configured to regulate a position of at least one of the plurality of wires toward an outer peripheral side in a radial direction of the looped feeding path along a circumferential direction of the looped feeding path;
a second wire guide (shown below) configured to regulate the position of the at least one of the plurality of wires toward one side in an axial direction of the looped feeding path along the circumferential direction, and having a second guide surface (surface facing the third wire guide) protruding inward along the radial direction from the first wire guide;
a third wire guide (shown below) configured to regulate the position of the at least one of the plurality of wires toward another side in the axial direction along the circumferential direction, and having a third guide surface (surface facing the second wire guide) protruding inward along the radial direction from the first wire guide; and
a parallel guide portion (gap between the second and the third wire guide which is parallel) where a width between the second guide surface and the third guide surface is longer than a diameter of the at least one of the plurality of wires and shorter than twice the diameter of the at least one of the plurality of wires, (examiner notes that wire is part of the intended use therefore, if the wire with a particular diameter is used, it reads on the description)
PNG
media_image1.png
500
514
media_image1.png
Greyscale
and the curl guide is configured to allow the plurality of wires to pass therethrough while being arranged in a radial direction of the looped feeding path (see Fig. 27).
Regarding claim 3, Akira discloses the binding machine according to claim 1, further comprising: a magazine (250) configured to accommodate the wires, wherein with respect to a feeding direction of the wires that are fed in a direction where the wires are wound around the binding object, the plurality of wires passing through the curl guide are led so as to be arranged in a radial direction of the looped feeding path on a downstream side of the magazine. (see Fig. 26)
Regarding claim 7, Akira discloses the binding machine according to claim 1, wherein the pair of feed gears is configured to sandwich the plurality of wires such that the wires are oriented to be arranged in the radial direction of the looped feeding path. (see Fig. 28)
Claim(s) 2, 4-6, 8-12 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Osamu (WO 2017014268).
Regarding claim 2, Osamu discloses a binding machine (Fig. 1-30), comprising:
a pair of feed gears (35a, b) configured to feed a plurality of wires (Wires shown in Fig. 25B);
a curl forming portion (5A) comprising a curl guide (50) and a leading guide (51), the curl forming portion configured to constitute a looped feeding path for winding the plurality of wires fed by the pair of feed gears around a binding object; and
a binding portion (7A) comprising a wire locking body (70) and a sleeve (71 – sleeve around 70), the binding portion configured to twist the plurality of wires wound around the binding object, wherein
the curl guide (50) is configured to curl the plurality of wires fed by the wire feeding portion; and
the leading guide (51) is configured to lead the plurality of wires curled by the curl guide to the binding portion, and
the curl guide includes:
a first wire guide (Fig. 5: shown below) configured to regulate a position of at least one of the plurality of wires toward an outer peripheral side in a radial direction of the looped feeding path along a circumferential direction of the looped feeding path;
a second wire guide (shown below) configured to regulate the position of the at least one of the plurality of wires toward one side in an axial direction of the looped feeding path along the circumferential direction, and having a second guide surface (surface facing the third wire guide) protruding inward along the radial direction from the first wire guide;
a third wire guide (shown below) configured to regulate the position of the at least one of the plurality ofwires toward another side in the axial direction along the circumferential direction, and having a third guide surface (surface facing the second wire guide) protruding inward along the radial direction from the first wire guide; and
PNG
media_image2.png
317
458
media_image2.png
Greyscale
a parallel guide portion (gap between the second and third wire guide) where a width between the second guide surface and the third guide surface is longer than a diameter of the at least one of the plurality of wires and shorter than twice the diameter of the at least one of the plurality of wires. (examiner notes that wire is part of the intended use therefore, if the wire with a particular diameter is used, it reads on the description)
Regarding claim 4, Osamu discloses the binding machine according to claim 2, further comprising: a parallel orientation leading portion (right most portion of 50 as viewed in Fig. 14 that leads the wires into the rest of the portions of 50) configured to lead the plurality of wires passing through the parallel guide portion so as to be oriented to be arranged in a radial direction of the looped feeding path on a downstream side of the pair of feed gears with respect to the feeding direction of the wires that are fed in the direction where the wires are wound around the binding object.
Regarding claim 5, Osamu discloses the binding machine according to claim 4, wherein the wire locking body (70) is configured to lock the wires, and the parallel orientation leading portion is provided on a downstream side (see Fig. 9) of the wire locking body with respect to the feeding direction of the wires that are fed in the direction where the wires are wound around the binding object.
Regarding claim 6, Osamu discloses the binding machine according to claim 4, further comprising: a cutting portion (6A) configured to cut the wires wound around the binding object by feeding the wires in a direction opposite (reversed so that the wires are pulled back) to the direction where the wires are wound around the binding object, wherein the parallel orientation leading portion is provided at a downstream side of the cutting portion with respect to the feeding direction of the wires that are fed in the direction where the wires are wound around the binding object (see Fig. 1), and is configured to lead the plurality of wires such that the wires are oriented to be arranged in the radial direction of the looped feeding path according to orientation of distal ends of the plurality of cut wires. (Fig. 11-12)
Regarding claim 8, Osamu discloses the binding machine according to claim 4, wherein the parallel orientation leading portion includes a delivery portion (see Fig. 30: 52 is inclined) inclined with respect to the radial direction of the looped feeding path.
Regarding claim 9, Osamu discloses the binding machine according to claim 4, wherein the parallel orientation leading portion includes a delivery portion with a step (see Fig. 24: step is the wall between the wires. The step extends along the radial direction since 50 extends along the radial direction) along the radial direction of the looped feeding path.
Regarding claim 10, Osamu discloses the binding machine according to claim 8, wherein in the delivery portion, with respect to a first leading portion (left side 52B) with which one wire is to be in contact, a second leading portion (right side 52B as shown in Fig. 24) with which another wire is to be in contact protrudes to an inner peripheral side along the radial direction of the looped feeding path. (see Fig. 28: 52 shows that some portions protrude to inner peripheral side along the radial directions than the other portions)
Regarding claim 11, Osamu discloses the binding machine according to claim 4, wherein the parallel orientation leading portion (right most portion of 50 as viewed in Fig. 14 that leads the wires into the rest of the portions of 50) is formed with an introduction and delivery portion (shown below) over a whole from an upstream side (right side) to a downstream side (left side as shown below) with respect to the feeding direction of the wires, and the introduction and delivery portion is configured by an inclined surface (52 is inclined) in which, with respect to a first leading portion (see Fig. 24: left side 52B) with which one wire is to be in contact, a second leading portion (see Fig. 24: right side 52B) with which another wire is to be in contact protrudes toward an inner peripheral side along the radial direction of the looped feeding path (incline of 52 makes it protrude more toward the inner peripheral side than different portions of the 52 as shown below).
PNG
media_image3.png
395
492
media_image3.png
Greyscale
PNG
media_image4.png
439
605
media_image4.png
Greyscale
Regarding claim 12, Osamu discloses the binding machine according to claim 6, wherein the cutting portion is configured to cut the plurality of wires such that, with respect to one wire, a distal end side of another wire is bent in a direction facing an inner peripheral side of the looped feeding path. (intended use: examiner notes that wires are not part of the device and one wire bending more towards the inner peripheral side is a possible scenario that would happen due to the difference in tension of the wires, shape of the wires, or how they are cut by the cutter, etc)
Response to Arguments
Applicant's arguments filed 12/05/2025 have been fully considered but they are not persuasive.
Applicant argues in pg. 8 that Akira fails to disclose the claim limitation “a parallel guide portion where a width between the second guide surface and the third guide surface is longer than a diameter of the at least one of the plurality of wires and …”.
Examiner respectfully disagrees. Applicant relies on the diameter of the wire to attempt to limit the claim limitation. However, examiner notes that wire isn’t part of the binding machine but rather an intended use that is capable of being used with the machine. So, if the binding machine is capable of being used with the wire with such a diameter, then it reads on the claim limitation. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Same argument applies for the argument in pg. 9 that Osamu fails to disclose the claim limitation.
Examiner suggests positively reciting the structural difference of the binding machine to overcome the references as cited rather than further narrowing based on the intended used limitation.
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 BOBBY YEONJIN KIM whose telephone number is (571)272-1866. The examiner can normally be reached M-F 9 am - 5 pm.
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, Christopher Templeton can be reached on (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BOBBY YEONJIN KIM/ Examiner, Art Unit 3725