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 § 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, 3-5, 8-9, 11-16 and 18 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) 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.) and
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 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 below) having a first radius (R1)(modified fig. 1G above) about the rotation center axis in the state of holding the first end, and a second movement state of moving radially outward from the first circle in the state of holding the first end. (fig. 1B and modified fig. 1G below) [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 3, Jung discloses: the binding machine according to claim 1, wherein the binding material is a band-shaped tape, (10)(fig. 1A) and the first end and the second end are configured to be overlapped in a thickness direction of the binding material at the overlapped part. (fig. 2)
Regarding claim 4, Jung discloses: the binding machine according to claim 1, wherein the binding portion (70)(fig. 1I) is configured to temporarily retract to a position [col. 9, lines 51-55] not interfering with the binding material feeder when the binding material feeder moves. (figs. 1I and 1J)(The binding portion elements are configured to temporarily retract not interfering with the binding material feeder when the binding material feeder moves.)
Regarding claim 5, Jung 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 8, Jung discloses the binding machine according to claim 1, further comprising: a wall (30a)(modified fig. 4 below) located on the outer periphery of the rotator and having a second opening (36a)(modified fig. 4 below) (also see fig. 1C) 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 below is configured to move and bind the overlapped part in a state in which the first opening communicates with the second opening.)
Regarding claim 9, Jung discloses: The binding machine according to claim 4, further comprising
a drive motor; (108)(fig. 4) and
a gear train (106, 114, 120, 122, 124, 126, 90) [col. 14, lines 58-67] including a plurality of gears configured to transmit a driving force of the drive motor, [col. 14, lines 58-67] wherein
when the driving force of the drive motor is transmitted to the binding material feeder [col. 15, lines 20-33] and the binding portion [col. 17, lines 1-13] via the gear train, the binding material feeder and the binding portion are coordinated. (Since the motor controls the movement of both the binding material feeder and the binding portion depending on the degree position of the cam gear 126, the binding material feeder and the binding portion are coordinated.)
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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, Jung 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.)
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Regarding claim 13, Jung discloses the binding machine according to claim 12, wherein the binding material is a band-shaped tape, (10)(fig. 1A) and the binding material holder (40)(fig. 1H) is configured to move in a direction away from a clinching position (fig. 1B)(Fig. 1B shows a position in which the binding material holder has moved in a direction away from a clinching position.) (fig. 1F shows a clinching position in which a clincher (40a)(modified fig. 9 above) and a driver (40b)(modified fig. 9 above) sandwich and clinch a portion where the tape is overlapped.) in which a clincher and a driver sandwich and clinch a portion where the tape is overlapped.
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Regarding claim 14, Jung discloses: The binding machine according to claim 4, wherein the binding portion is configured to coordinate, [col. 17, lines 1-13] by a cam mechanism, (90)(fig. 4) 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. (figs. 1I-1J)
Regarding claim 15, Jung 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. (figs. 1I-1J)(The binding portion 70 is configured to bind the overlapped part where the first end and the second end are overlapped, from an outside of the overlapped part.)
Regarding claim 16, Jung 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. (figs. 1I-1J)(The binding portion 70 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.)
Regarding claim 18, The binding machine according to claim 1, further comprising:
a groove (g)(modified fig. 9 above) configured to guide movement of the binding material holder, (40)(fig. 9) [col. 15, lines 13-19] (When the groove is engaged, (when the locking finger releases) the groove is configured to guide movement of the binding material holder.) wherein
the binding material holder is configured to move radially outward from the first circle by being engaged with the groove. (When the groove is engaged, (when the locking finger releases) the binding material holder is configured to move radially outward from the first circle C1 as denoted in modified fig. 1G in claim 1 rejection above.)
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claim 1 above, and further in view of Taguchi et al. (hereinafter “Taguchi”) (US 20210053705).
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Regarding claim 2, Jung discloses: the binding machine according to claim 1, wherein the binding portion is configured to bind the overlapped part using heat [Abstract] to physically fix the first end and the second end so as not to separate the first end and the second end.
Jung fails to explicitly disclose: 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.
Taguchi teaches: A similar 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.)
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.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the heat welding components of Jung with stapling components as taught by Taguchi, wherein doing so would merely be substituting equivalents known for the same purpose. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself. That is in the substitution of binding portion of Taguchi for the binding portion of Jung. (MPEP 2143.I.B)
Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claim 4 above, and further in view of Ogawa et al. (hereinafter “Ogawa”) (US 20070034338 A1).
Regarding claim 17, Jung discloses: The binding machine according to claim 4, further comprising:
a first motor (108)(fig. 4) configured to drive a clincher unit (42, 44)(fig. 9) [col. 15, lines 20-25] included in the binding portion;
Jung fails to explicitly disclose: a second motor configured to drive a rotator included in the binding material feeder; and
a control unit configured to control driving of each of the first motor and the second motor so as to be coordinated, so that the binding material feeder and the binding portion are configured to be coordinated.
Ogawa teaches: A similar binding machine [Abstract, fig. 1] comprising
a first motor (12)(fig. 23) configured to drive a clincher unit; (23a)(figs. 5-7) [para. 0074]
a second motor (20)(fig. 23) configured to drive a rotator; (23)(figs. 5-7) [para. 0039]
and a control unit (130)(fig. 23) configured to control driving of each of the first motor and the second motor so as to be coordinated, [para. 0074, lines 4-6]
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add the second motor configured to drive a rotator as taught by Ogawa to the binding machine of Jung to allow for more precisely driving the rotator of Jung by having a dedicated motor for driving the rotator.
It would also have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add control unit configured to control driving of each of the first motor and the second motor so as to be coordinated as taught by Ogawa to the binding machine as taught by Jung to allow for sending drive control signals to the motors. [para. 0075 of Ogawa]
After modification, Jung in view of Ogawa teaches: a second motor configured to drive a rotator included in the binding material feeder; and
a control unit configured to control driving of each of the first motor and the second motor so as to be coordinated, so that the binding material feeder and the binding portion are configured to be coordinated.
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. Therefore, claim 10 is indicated allowable.
Response to Arguments
Examiner withdraws drawing and specification objections since applicant has amended drawings and specification.
Examiner withdraws 112(b) rejections for claims 9 and 13, applicant has sufficiently amended the claims.
Applicant's arguments filed 08/05/2026 regarding the rejection of Jung have been fully considered but they are not persuasive.
Applicant argues: “While not explicitly stated, the Office appears to have associated the release arm 44 in FIG. 1B of Jung with binding material holder as called for in amended claim 1 (which was previously recited in original claim 7). The release arm 44 opens and closes the jaws 40 in Jung. See col. 8, 11. 11-25. To open the jaws 40, the release arm 44 moves radially outward, but does not have any structure that moves "around the object to be bound in a state of holding the first end" as called for in amended claim 1. Even if the jaws 40 of Jung were considered to be a binding material holder, the jaws 40 do not have a "movement state of moving radially outward from the first circle in the state of holding the first end" as recited in amended claim 1.”
The examiner notes that the jaws 40 of Jung were considered to be a binding material holder, and that the release arm 44 of Jung was not considered to be the binding material holder. The examiner disagrees that the jaws 40 do not have a "movement state of moving radially outward from the first circle in the state of holding the first end" as recited in amended claim 1. The jaws are secured by pins in figs. 1B-1J and the pins allow the jaws to move radially. The jaws have a movement state of moving radially outward from first circle, as denoted by C1 in fig. 1G, below. The jaws have a movement state of moving radially outward from first circle in the state of holding the first end as seen in fig. 1B.
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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 JUEVARA SAOOD ISSA whose telephone number is (571)482-9980. The examiner can normally be reached Monday-Thursday 9:00am-5pm and every other Friday 9:00am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.S.I./
Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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