Detailed Office Action
The communication dated 11/10/2025 has been entered and fully considered. Claim 6 is withdrawn from examination. Claims 1-14 remain pending.
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 .
Election/Restrictions
Applicant’s election without traverse of Species A (claim 3) in the reply filed on 11/10/2025 is acknowledged. Claim 6 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B.
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 and 7-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HAYASHI (US-2017/0359972), hereinafter HAYASHI. Note that the italicized text below are the instant claims.
Regarding claim 1, HAYASHI discloses A binding machine configured to wind and bind an object to be bound with a band-shaped tape {[abstract], [FIG. 20] S is the object that bound by tape 60}, the binding machine comprising:
a tape holder configured to hold a first end that is one end of a first part that is a part of the tape {[0059] note tape holding, [FIG. 13] 16 is the tape holder that is holding the first end 60a of tape 60};
and a tape remover configured to abut against the first end and configured to remove the tape from the tape holder {[0072]-[0074], [FIG. 19] 35 is the tape remover that abuts the first end of tape 60 and removes it from holder 16 that was discussed in the above limitation}.
Regarding claim 2, HAYASHI discloses further comprising: a tape holding releaser configured to release a first end holding state in which the first end is held by the tape holder, wherein the tape remover is configured to remove the tape after the tape holding releaser releases the first end holding state {[0080] the lock member 39 is the releaser and its described disengagement relates to its release functionality}.
Regarding claim 7, HAYASHI discloses wherein the tape holder includes a tape support configured to support the first end and a tape presser configured to press the first end against the tape support, and the tape holder is configured to hold the tape by clamping the tape with the tape support and the tape presser {[0061] 16c is interpreted as the tape presser (note the flat surface that presses on the tape), 16e is interpreted as the support and the end of the tape is held by 16 as described under claim 1}.
Regarding claim 8, HAYASHI discloses wherein the tape support has an opening that opens along a direction in which the first end is supported by the tape support, and the tape remover is insertable into the opening {[0061] note slit 16b is the opening and that allows part of the remover (gripping member 37) to advance into}.
Regarding claim 9, HAYASHI discloses wherein the tape remover and the tape holding releaser are integrally formed {[FIG. 18] note 39 and 35 are integral in the case 41}.
Regarding claim 10, HAYASHI discloses wherein the tape presser includes a top end that is provided at one end of the tape presser and that is configured to come into contact with the first end, a base end that is provided at another end of the tape presser, and a fulcrum that is provided between the top end and the base end, and the top end is rotatable about the fulcrum {[FIG. 8A] note the top of 16 and the bottom or the base of 16, 16a is where the fulcrum is inserted and thus rotation, [0059] note rocking shaft 19 that is inserted into 16a is the fulcrum}.
Regarding claim 11, HAYASHI discloses further comprising: a tape holding releaser configured to release a first end holding state in which the first end is held by the tape holder, wherein the tape presser rotates when the tape holding releaser abuts against the base end, and the first end holding state is released {see claims 2 and 10 above}.
Regarding claim 12, HAYASHI discloses wherein the tape remover is configured to remove the tape from the tape holder by moving after abutting against the first end {[FIGs. 18 & 19] note the movement of 35 and removing the tape 60 from 16 in an upward movement}.
Regarding claim 13, HAYASHI discloses wherein the tape remover is a protrusion {[FIG. 10] 37c is the protrusion}.
Allowable Subject Matter
Claims 3-5 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, HAYASHI fails to disclose that the tape remover is configured to remove the tape in a direction intersecting a longitudinal direction of the tape (emphasis added by the Examiner). Clearly, the tape remover of HAYASHI (35) removes the tape from the holder (16) in an upward and longitudinal direction of tape 60 {[FIG. 19]}. It is not functional to have modified the machine of HAYASHI to implement the removal in an intersecting or traverse manner. Claims 4-5 are dependent on claim 3 and contain the allowable subject matter as well.
Regarding claim 14, HAYASHI fails to disclose that the tape remover is provided at a position higher than a lower end of the tape holding releaser (emphasis added by the Examiner). In order to function properly, the tape remover 35 of HAYASHI has to be located at a position lower with respect to its releaser 39 {[FIG. 19]}. It is not functional to have modified the machine of HAYASHI to change the position of these two devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to S. BEHROOZ GHORISHI whose telephone number is (571)272-1373. The examiner can normally be reached Mon-(alt Fri) 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S. BEHROOZ GHORISHI/ Primary Examiner, Art Unit 1748