DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show any means for which the disclosed and claimed carriage (41) can interact with the disclosed driving unit (6) as described in the specification (see at least paragraph [0039]). Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
The applicant’s addition of new features to the drawings (see features 46, 664 of figures 3 and 4B respectively) introduce new matter in view of the applicant’s amended specification (see specification objection below). Further, it’s not clear what the applicant’s reference of 46 points to.
Specification
The disclosure is objected to because of the following informalities: The applicants specification recites that carriage 41 causes the driving switching mechanism to move, however lacks any detail about such a feature. The applicant disclosure as a whole lacks any means for showing one having ordinary skill in the art how this feat is completed.
Appropriate correction is required.
The amendment filed 2/23/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The applicant's amendment to paragraph [0039] introduces new members which were not originally disclosed. The applicant's original specification makes no mention of a pushing contact member, nor a contact part. .
Applicant is required to cancel the new matter in the reply to this Office Action.
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 1-10 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 1, the applicant’s claim recites that the “driving force” is transmitted to the fixing shaft (see line 3). Further it’s not understood as to how the applicant’s drive switching unit moves in the thrust direction. It is noted that the applicant’s disclosure includes a spring for moving the in the -x direction, however there’s a complete lack of disclosure as to how the device moves in the x direction of the claimed thrust direction.
Regarding claim 7, 8, and 9, the applicant’s claim recites that the “driving force” is transmitted to the fixing shaft (see line 6). The applicant’s disclosed fixing shafts are fixed and do not rotate, and it’s unclear as to how these shafts receive driving force. Further it’s not understood as to how the applicant’s drive switching unit moves in the thrust direction. It is noted that the applicant’s disclosure includes a spring for moving the in the -x direction, however there’s a complete lack of disclosure as to how the device moves in the x direction of the claimed thrust direction. Additionally, the applicant’s claims recite that the drive switching unit is moved by movement of the carriage. The applicant’s disclosure recites this feature exceptionally broadly however gives no details as to how this task is performed. There is no corresponding structure to the carriage shown in the figures relating to the drive switching unit or any disclosure in the spec as to how the carriage interacts with the drive switching unit (even with the applicant’s amended specification merely reciting features contacting one another).
Claims 2, 3, 5, 6, and 10 are rejected by dependency.
Response to Arguments
Applicant's arguments filed 2/23/26 have been fully considered but they are not persuasive.
Regarding the background disclosure (JP 2009-274304): The applicant’s noted that the background discloses a document which features the claimed carriage/contact unit combination which discloses the known technique. This provided background document is confirmed to disclose the feature but background documents are NOT incorporated by reference and cannot be used to disclose features of the claimed invention. The applicant asserts that this is known from a single document, having a common assignee and applicant which was published the same year this application is filed, this provides insufficient evidence that this was a known concept. In order to rely on features of this disclosure the applicant would be required to incorporate by reference the document at which point the document is inherently part of the applicant’s disclosure.
Regarding specification and drawings: The applicant’s amendment to the specification and drawings are noted above. As such the added features of the specification constitute new matter since the amendment attempts to imply function not originally disclosed by the applicant. As noted above, merely referencing in the background a piece of art which discloses these features isn’t sufficient to recite these features as disclosed by the applicant’s original disclosure.
Interpretation under 112(f): The interpretation under 112(f) has been removed since the applicant has amended the drive switching mechanism to include further structure as noted by the applicant.
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 Patrick Cicchino whose telephone number is (571)270-1954. The examiner can normally be reached Monday-Friday, 8:30AM to 5PM.
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, Anita Coupe can be reached at (571)270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Patrick Cicchino/Primary Examiner, Art Unit 3619
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