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
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pointl (US PG Pub 2007/0012206).
For claims 1 and 9: Pointl teaches a self-inking stamp 1 with a housing 2 in which a stamp unit 6 coupled to an actuating part 3 displaceable relative to the housing 2 is mounted (see Fig. 3, stamp and other components constituting the stamp 6 are mounted within housing 2 with actuating part 3 movably connected), wherein the actuating part 3 comprises a snap-in point 14, 15, 49 (see Fig. 7A, see paragraph 41) for receiving a snap-in hook 48, 50 of a cover 24 of the self-inking stamp wherein a pusher 26 for releasing a snap-in hook 48, 50 snapped in at the snap-in point is arranged on the actuating part 3 (see Fig. 3, 7A, the lower portion of the actuating part 3 held against the bearing member 14, 15). The method for opening the cover of a self-inking stamp occurs in routine operation of the stamp, and the opening method is also described in paragraphs 44-46.
For claim 10: Pointl as applied to claim 1 teaches the pusher 26 within the stamp as recited in claim 10.
For claim 2: Pointl teaches the self-inking stamp of claim 1 wherein the snap in point 14, 15 is provided on the outer side of the actuating part 3 (see Figs. 3, the elements 14, 15 are provided on the outer side of the element 3).
For claim 3: Pointl teaches the self-inking stamp of claim 2 wherein the pusher 26 comprises a tilting element 26 (see Fig. 3, the element 26 tilts against the surface of the element 14 and also deforms the element 14, the element 27 operating against the element 15 in the same manner).
For claim 4: Pointl teaches the self-inking stamp of claim 3 wherein the tilting element comprises a locking element 35,37 (see Fig. 3B) for limiting the displacement of the actuating part 3 relative to the housing 4.
For claim 5: Pointl teaches the self-inking stamp according to claim 4 wherein the locking element is configured for limiting the displacement in a first position which corresponds to a depressed intermediate position for exchanging an ink pad container (see Fig. 3, see paragraph 25) or a second position for attaching a stamp plate to a plate carrier of the stamp unit.
For claim 6: Pointl teaches the self-inking stamp of claim 3 wherein the snap-in point 14, 15 is provided between an impression opening (see Fig. 3, bottom, generally at or about cover 24) of the housing and the tiling element 26, 27 (see Fig. 3, the snap in point is between the opening and the tilting element).
For claim 7: Pointl teaches the self-inking stamp of claim 6 wherein the stamp-in point 14 is formed by an edge (see Fig. 1) facing an impression opening (see Fig. 1, facing downwardly), of a recess in the actuating part 3 (as seen in Fig. 1), the tilting element 26 being arranged in the recess (see Fig. 1).
For claim 8: Pointl teaches the self-inking stamp according to claim 1 wherein the impression opening 5 (see paragraph 32, see Fig. 13) of the housing 2 is covered by a cover 24 and wherein the cover 24 comprises the snap-in hook 48, 50 (see Fig. 7A) wherein the snap in hook is received at the snap-in point 14 of the actuating part (see Fig. 7A).
Response to Arguments
Applicant's arguments filed on September 18, 2025 have been fully considered but they are not persuasive. Applicant argues that neither the bearing members 14, 15 nor the seat 26 of Pointl can move the snap-in projection 50 and that the bearing members are actually blocked by the locking projections 48 for the projection 50. However, the recitation that the snap-in projection is moved by the pusher or the snap-in point is not found in the claims. Instead, what is claimed is a pusher for releasing the snap-in hook, and the pusher is element 26 which pushes on the structure 14. In at least one position, the snap-in hook 48 can be released from its location as seen in Fig. 7A since the cover 24 is removable and designed to block operation of the device and spreading of ink during transport of the device (see paragraph 13).
Applicant argues that the bearing parts 14, 15 do not act to release the cover but acts to receive and fix the shaft parts, but this does not preclude them from holding the snap-in hook and permitting the snap-in hook from being removed which is releasing the snap in hook.
Conclusion
THIS ACTION IS MADE FINAL. 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 DAVID H BANH whose telephone number is (571)270-3851. The examiner can normally be reached M-F 12-8PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571)272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID H BANH/Primary Examiner, Art Unit 2853