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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the drive portion must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 9 and 13 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.
Regarding claim 9, it is unclear what structure is being claimed within the limitation “The binding machine according to claim 4, wherein the binding material feeder and the binding portion are configured to be coordinated”.
It is unclear how the binding material feeder and the binding portion are configured to be coordinated within the limitation “The binding machine according to claim 4, wherein the binding material feeder and the binding portion are configured to be coordinated”.
Regarding claim 13, it is unclear what is meant by the binding material holder separating from a binding position before a binding position within the limitation “the binding material holder is configured to separate from a binding position in which the binding portion binds the overlapped part, before the binding portion binds the overlapped part”.
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)(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.
Claims 1-3, 15, and 16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Taguchi et al. (hereinafter “Taguchi”) (US 20210053705).
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Regarding claim 1, Taguchi discloses a binding machine (10)(fig. 1) configured to wind and bind an object to be bound with a binding material [0008, lines 1-3], the binding machine comprising: a binding material feeder (62)(fig. 5) configured to move a first end (TP1)(modified fig. 6 above) that is one end of a first part which is a part of the binding material (TP)(modified fig. 6 above) to a position overlapping a second end (TP2)(modified fig. 6 above) that is another end of the first part (the binding machine is configured to move TP1 and TP2 from a starting position shown in modified fig. 6 above to an overlapping position shown in fig. 7), and configured to surround the object to be bound with the binding material (fig. 7); and a binding portion (32 and 54)(modified fig. 6 above) configured to bind an overlapped part where the first end and the second end are overlapped. (fig. 7 shows a position of the binding portion configured to bind an overlapped part where the first end and the second end are overlapped.)
Regarding claim 2, Taguchi discloses the binding machine according to claim 1, wherein the binding portion is configured to bind the overlapped part using a staple configured to physically fix the first end and the second end so as not to separate the first end and the second end. [0349, lines 1-5] (figs. 7 and 8 show a binding portion using a staple to bind an overlapped part of the tape (binding material) to fix the first end and the second end so as not to separate the first end and the second end.)
Regarding claim 3, Taguchi discloses the binding machine according to claim 1, wherein the binding material is a band-shaped tape (26)(fig. 1)(The binding material is tape and it is wound in a band-shape.), and the first end and the second end are configured to be overlapped in a thickness direction (fig. 1)(the thickness direction is denoted by the “Y” axis perpendicular to both the “X” and “Z” axes shown in fig. 1.) of the binding material at the overlapped part. (fig. 7)(When the binding material moves to an overlapped position shown in fig. 7, the first end and second end overlap in a thickness direction of the binding material at the overlapped part.)
Regarding claim 15, as best understood Taguchi discloses the binding machine according to claim 1, wherein the binding portion is configured to bind the overlapped part where the first end and the second end are overlapped, from an outside of the overlapped part. (fig. 7)(Since the binding portion binds the overlapped part from one end of an outside portion of the binding material to another end of an outside portion of the binding material, the binding portion binds the overlapped part from an outside of the overlapped part.)
Regarding claim 16, Taguchi discloses the binding machine according to claim 1, wherein the binding portion is configured to bind the overlapped part where the first end and the second end are overlapped, after the first end and the second end are overlapped. (fig. 7)(The binding portion is configured to bind the overlapped part of the binding material where the first end and second end are overlapped, after the first end and the second end are overlapped.)
Claims 1, 4, 9, and 14 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Recchia et al. (hereinafter “Recchia”) (US 5509994).
Regarding claim 1, Recchia discloses a binding machine (10)(fig. 1) configured to wind and bind an object to be bound with a binding material (26)(fig. 1), the binding machine comprising: a binding material feeder (28)(fig. 10) configured to move a first end that is one end of a first part which is a part of the binding material to a position overlapping a second end that is another end of the first part [col. 2, lines 15-18](The binding material feeder is configured to move a first end of the binding material to a position overlapping a second end of the binding material), and configured to surround the object to be bound with the binding material [col. 2, lines 10-11](the object to be bound is surrounded with the binding material.); and a binding portion (34, 36, 38)(fig. 1 and fig. 11) configured to bind an overlapped part where the first end and the second end are overlapped. (After a loop of binding material is surrounding the object to be bound, the machine is configured to bind an overlapped part where the first end and second end of the binding material are overlapped by pressing the binding portion element 34 (which is an ultrasonic heating horn) against binding portion elements 36 and 38 (anvils).)
Regarding claim 4, Recchia discloses the binding machine according to claim 1, wherein the binding portion is configured to temporarily retract to a position [col. 4, lines 45-48] not interfering with the binding material feeder when the binding material feeder moves. (figs. 11 and 12)(The binding portion elements 36 and 38 of fig. 11 temporarily retract not interfering with the binding material feeder when the binding material feeder moves.)
Regarding claim 9, Recchia discloses the binding machine according to claim 4, wherein the binding material feeder and the binding portion are configured to be coordinated. (fig. 1)(After the binding material feeder moves binding material around the outer periphery 32, the binding portion elements 34, 36 and 38 are configured to coordinate and bind the binding material.)
Regarding claim 14, Recchia discloses the binding machine according to claim 4, wherein the binding portion is configured to coordinate, by a cam mechanism (44)(fig. 2), movement from a retracted position that is the position not interfering with the binding material feeder to a binding position in which the overlapped part is to be bound, and binding of the overlapped part. [col. 4, lines 35-48](The binding portion elements 36 and 38 are longitudinally extended and retracted by a cam mechanism 44 and the binding portion is therefore configured to coordinate by a cam mechanism. Figs. 11 and 12 show a retracted position and a binding position in which the overlapped part is to be bound.)
Claims 1, 5-8, and 11-13 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Jung et al. (hereinafter “Jung”) (US 4502905).
Regarding claim 1, Jung discloses a binding machine (80)(fig. 3) configured to wind and bind an object to be bound with a binding material [col. 4, lines 11-13, and lines 26-29], the binding machine comprising: a binding material feeder (fig. 9 shows the entire feeder assembly) configured to move a first end that is one end of a first part which is a part of the binding material to a position overlapping a second end that is another end of the first part (figs 1B-1J)(The binding material feeder is configured to move a first end of the binding material to a position overlapping a second end of the binding material), and configured to surround the object to be bound with the binding material (fig 1I); and a binding portion (70)(fig. 1I) configured to bind an overlapped part where the first end and the second end are overlapped. (fig 1I)(the binding portion is shown moving back and forth and configured to weld the binding material where the first end and the second end are overlapped)
Regarding claim 5, Taguchi discloses the binding machine according to claim 1, wherein the binding material feeder includes a binding material holder (40)(figs. 1B-1J) configured to move around the object to be bound in a state of holding the first end. (figs. 1B-1E)(The binding material holder is configured to move around the object to be bound in a state of holding the first end of the binding material)
Regarding claim 6, Jung discloses the binding machine according to claim 1, wherein the binding material feeder includes a rotator (30)(fig. 1b) that is rotatable (figs. 1B, 1C, 1D show positions of the rotator rotating) and that is opened in a part of an outer periphery viewed from a direction parallel to a rotation center axis (fig. 1B shows the rotator that is opened in a part of an outer periphery viewed from a direction parallel to a rotation center axis.), the rotator having a first opening (36)(fig. 1b) capable of receiving the object to be bound. (fig. 1B shows the opening receiving the object to be bound.)
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Regarding claim 7, Jung discloses the binding machine according to claim 6, wherein the binding material feeder includes a binding material holder configured to move around the object to be bound in a state of holding the first end (figs. 1B-1E)(The binding material feeder is configured to move around an object to be bound in a state of holding the first end), and the binding material holder is configured to take a first movement state of following the rotator (figs. 1B-1E) and moving along a circumference of a first circle (C1)(modified fig. 1G above) having a first radius (R1)(modified fig. 1G above) about the rotation center axis, and a second movement state of moving radially outward from the first circle. (fig. 1B and modified fig. 1G above) [col. 7, lines 16-24](The binding material feeder is configured to take a first movement state of following the rotator and moving along a circumference C1. The binding material holder jaws go from an open to a closed position as shown element 40 of fig. 1B to modified fig. 1G above. Since the binding material holder moves radially, the binding material holder is configured to take a second movement state of moving radially outward from the first circle since the jaws of the binding material holder are able to open radially outward from the first circle.)
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Regarding claim 8, Jung discloses the binding machine according to claim 6, further comprising: a wall (30a)(modified fig. 4 above) located on the outer periphery of the rotator and having a second opening (36a)(modified fig. 4 above) communicable with the first opening, wherein the binding portion is configured to bind the overlapped part in a state in which the first opening communicates with the second opening. (fig. 1I)(The binding portion 70 of modified fig. 4 above is configured to move and bind the overlapped part in a state in which the first opening communicates with the second opening.)
Regarding claim 11, Jung discloses the binding machine according to claim 8, wherein the binding portion is configured to bind the overlapped part in a state in which the binding material feeder is stopped. (fig. 1I)(When the binding material feeder is stopped, the binding portion is configured to bind the overlapped part of the binding material by moving toward and binding the binding material.)
Regarding claim 12, Taguchi discloses the binding machine according to claim 5, wherein the binding material holder is configured to move in a direction away from the object to be bound before the binding portion binds the overlapped part. (figs. 1B, 1I, and modified fig. 1G above) [col. 7, lines 16-24](The binding material holder jaws go from an open to a closed position as shown element 40 of fig. 1B to modified fig. 1G above. Since the binding material holder is able to move outwardly when the binding material jaws open, the binding material holder is configured to move in a direction away from the object to be bound before the binding portion binds the overlapped part.)
Regarding claim 13, as best understood Taguchi discloses the binding machine according to claim 12, wherein the binding material holder is configured to separate from a binding position (fig. 1H) in which the binding portion binds the overlapped part (fig. 1I), before the binding portion binds the overlapped part (Since the position shown in fig. 1H (wherein the binding material holder is configured to separate from a binding position) occurs before the position shown in fig. 1I (wherein the binding portion binds the overlapped part) then the binding material holder is configured to separate from a binding position in which the binding portion binds the overlapped part, before the binding portion binds the overlapped part.)
Allowable Subject Matter
Claim 10 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to disclose or render obvious the binding device comprising “the second gear has a tooth part configured to mesh with teeth provided on an outer periphery of the first gear and a tooth missing part that does not mesh with the teeth of the first gear, and is configured to transmit the driving force to the rotator, and the rotator is configured to rotate in a state in which the second gear meshes with the teeth of the first gear and does not rotate in a state in which the second gear does not mesh with the teeth of the first gear.”, inter alia, in combination with the limitations of claim 1 and claim 6. Therefore, claim 10 is indicated allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
JP 2008-168927 teaches a tape winding machine with a rotator, a second opening, and a presser.
US 20070034338 A1 teaches a binding machine using tape.
EP 3825249 A1 teaches a tape winding machine that binds with tape.
EP 3716295 A1 teaches a rotator with a drive portion with a first and second gear.
WO 2021255897 A1 teaches a tape winder with a rotator and a second opening.
JP 2022176639 A teaches a tape winder with a rotator and a second opening.
JP 6712350 B1 teaches a tape winder with a rotator, a second opening, and a retracting pressing portion.
WO 2018110227 A1 teaches a tape winder with a rotator and a second opening.
US 9736997 B2 teaches a binding machine using tape.
US 6136118 A teaches a binding machine using tape with an opening and a rotatable arm.
US 5271791 A teaches a tape winding and binding device with a rotator.
US 4790896 A teaches a tape binding device with a driving portion and a rotator.
US 4602976 A teaches a tape binding device with a driving portion and a rotator.
US 4534817 A teaching a binding and winding device with rotatable jaws.
US 2630751 A teaches a winding and binding machine with a rotator.
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/J.S.I./
Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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