Prosecution Insights
Last updated: October 16, 2026
Application No. 18/825,505

STACKING APPARATUS AND IMAGE FORMING APPARATUS

Non-Final OA §102§103
Filed
Sep 05, 2024
Priority
Sep 15, 2023 — JP 2023-150142
Examiner
MORRISON, THOMAS A
Art Unit
3653
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Canon Inc.
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
661 granted / 892 resolved
+22.1% vs TC avg
Strong +30% interview lift
Without
With
+30.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
21 currently pending
Career history
923
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
39.7%
-0.3% vs TC avg
§102
34.7%
-5.3% vs TC avg
§112
24.4%
-15.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 892 resolved cases

Office Action

§102 §103
Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/17/2026 has been entered. 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. 3. Claims 1-4, 8-10, 13-16 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,586,758 (Kimura et al.) (hereinafter “Kimura”). Regarding claim 1, Figs. 1-6 show a stacking apparatus comprising: a stacking portion (including 16 and 19) including a first stacking surface (upper surface of 19) and configured to stack a sheet discharged by a discharge member (5); and a tray unit (including 23) including: a tray (23) including a second stacking surface (upper surface of 23) and configured to stack a sheet; and a housing (including 8) configured to store the tray (23) in a stored position, wherein the tray (23) is movable relative to the housing (8) and is drawn out from the housing (including 8) from the stored position (Fig. 2) to a stacking position (Fig. 4) in which the tray (23) is disposed downstream of the stacking portion (5) in a sheet discharging direction (left in Fig. 4), wherein, in the stacking position (Fig. 4), the tray (23) supports a downstream portion of a first sheet (S) in the sheet discharging direction (left) while the stacking portion (including 16 and 19) supports an upstream portion of the first sheet (S) in the sheet discharging direction (left), wherein, in the stored position (Fig. 2), the stacking portion (including 16 and 19) supports a second sheet shorter than the first sheet (S) in the sheet discharging direction (left), and wherein the second stacking surface (upper surface of 23) of the tray (23) in the stored position (Fig. 2) is vertically oriented or is closer to being vertically oriented than the second stacking surface (upper surface of 23) of the tray (23) in the stacking position (Fig. 4). Regarding claim 2, Figs. 1-6 show that the tray (23) is configured to be slidable and rotatable with respect to the housing (including 8). Regarding claim 3, Figs. 1-6 show that the tray (23) is drawn out from the housing (including 8) from the stored position (Fig. 2) and then rotated to be brought into the stacking position (Fig. 4). Regarding claim 4, Figs. 1-6 show that the housing (including 8) includes an inclined bottom surface (17), and an opening is formed included in a lower end portion of the inclined bottom surface (17). Regarding claim 8, Figs. 1-6 show that the tray (23) includes a first engaging portion (23a) and a second engaging portion (23a) provided on a side portion of the tray (23) in a width direction orthogonal to the sheet discharging direction (left), and the first engaging portion (23a) and the second engaging portion (23a) are configured to engage with a guide portion (guide on edges of 16) provided in the housing (including 8), such that the tray (23) is slidable with respect to the housing (including 8). Regarding claim 9, Figs. 1-6 show that, when the tray (23) is in the stored position (Fig. 2), the first engaging portion (23a) comes into abutment against a lower end portion of the guide portion (guide on edges of 16). Regarding claim 10, as best understood, Figs. 1-6 of Kimura show that, when the tray (23) is in the stored position (Fig. 2), the first engaging portion (23a) and the second engaging portion (23a) are held by the guide portion (guide on edges of 16) so as to prevent the tray (23) from rotating. Regarding claim 13, Figs. 1-6 of Kimura show that the first engaging portion (23a) and the second engaging portion (23a) are provided on each side portion of the tray (23) in the width direction. Regarding claim 14, Figs. 1-6 show a stacking apparatus comprising: a stacking portion (including 16 and 19) including a first stacking surface (upper surface of 19) and configured to stack a sheet discharged by a discharge member (5); a tray (23) including a second stacking surface (upper surface of 23) and configured to stack a sheet; a support portion (including 20) configured to support the tray (23) such that the tray (23) is slidable and rotatable relative to the support portion (including 20), wherein the tray (23) is drawn out from a stored position (Fig. 2) to a stacking position (Fig. 4) in which the tray (23) is disposed downstream of the stacking portion (including 16 and 19) in the sheet discharging direction (left in Fig. 4), wherein, in the stacking position (Fig. 4), the tray (23) supports a downstream portion of a first sheet (S) in the sheet discharging direction (left) while the stacking portion (including 16 and 19) supports an upstream portion of the first sheet (S) in the sheet discharging direction (left), wherein, in the stored position (Fig. 2), the stacking portion (including 16 and 19) supports a second sheet shorter than the first sheet (S) in the sheet discharging direction (left), and wherein the second stacking surface (upper surface of 23) of the tray (23) in the stored position (Fig. 2) is vertically oriented or is closer to being vertically oriented than the second stacking surface (upper surface of 23) of the tray (23) in the stacking position (Fig. 4). Regarding claim 15, Figs. 1-6 show a housing (including 8) provided with the support portion (including 20) and configured to store the tray (23) in the stored position (Fig. 2). Regarding claim 16, Figs. 1-6 show that the housing (including 8) includes an inclined bottom surface (17), and an opening is included in a lower end portion of the inclined bottom surface (17). Regarding claim 19, Figs. 1-6 show that the tray (23) includes a first engaging portion (23a) and a second engaging portion (23a) provided on a side portion of the tray (23) in a width direction orthogonal to the sheet discharging direction (left), and the first engaging portion (23a) and the second engaging portion (23a) are configured to engage with a guide portion (guide on edges of 16) provided in the housing (including 8), such that the tray (23) is slidable with respect to the housing (including 8). Regarding claim 20, Figs. 1-6 show an image forming apparatus (1) comprising: an image forming portion (4) configured to form an image on a sheet; and a stacking apparatus (including 16, 19 and 23) including: a stacking portion (including 16 and 19) including a first stacking surface (upper surface of 19) and configured to stack a sheet, on which the image is formed by the image forming portion (4) and which is discharged by a discharge member (5); and a tray unit (including 23) including: a tray (23) including a second stacking surface (upper surface of 23) and configured to stack a sheet; and a housing (including 8) configured to store the tray (23) in a stored position (Fig. 2), wherein the tray (23) is movable relative to the housing (including 8) and is drawn out from the housing (including 8) from the stored position (Fig. 2) to a stacking position (Fig. 4) in which the tray (23) is disposed downstream of the stacking portion (including 16 and 19) in the sheet discharging direction (left in Fig. 4), wherein, in the stacking position (Fig. 4), the tray (23) supports a downstream portion of a first sheet (S) in the sheet discharging direction (left) while the stacking portion (including 16 and 19) supports an upstream portion of the first sheet (S) in the sheet discharging direction (left), wherein, in the stored position (Fig. 2), the stacking portion (including 16 and 19) supports a second sheet shorter than the first sheet (S) in the sheet discharging direction (left), and wherein the second stacking surface (upper surface of 23) of the tray (23) in the stored position (Fig. 2) is vertically oriented or is closer to being vertically oriented than the second stacking surface (upper surface of 23) of the tray (23) in the stacking position (Fig. 4). 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. 4. Claims 5-7 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kimura as applied to claims 1 and 15 above, and further in view of U.S. Patent Application Publication No. 2014/0167349 (Niimura) (hereinafter “Niimura”) (a reference of record). With regard to claims 5 and 17, Figs. 1-6 of Kimura show that the housing (including 8) is configured to be mountable to an image forming apparatus (1) including an image forming portion (4), the stacking portion (including 16 and 19) is provided within a discharge space included in a body of the image forming apparatus (1), and a sheet on which an image is formed by the image forming portion (4) is to be stacked on the stacking portion (including 16 and 19), wherein the housing (including 8) includes: a joint portion (23a and 23a) configured to couple the first stacking surface (upper surface of 19) of the stacking portion (including 16 and 19) and the second stacking surface (upper surface of 23) of the tray (23) to each other. Kimura teaches most of the limitations of these claims, but does not explicitly show a mounting portion configured to mount the housing to the image forming apparatus, as claimed. Also, Kimura does not explicitly teach that the joint portion and the mounting portion are removably mounted to the housing, as claimed. Niimura shows that it is well-known in the art to provide a sheet stacking apparatus (Fig. 10) with a mounting portion (including O3 in Fig. 4A) configured to mount a housing (201) to an image forming apparatus (401), and wherein a joint portion (Figs. 4B-4C) configured to couple a first stacking surface (upper surface of 211) of a stacking portion (including 211) and a second stacking surface (upper surface of 212) of a tray (212) to each other and the mounting portion (including O3) are removably mounted to the housing (201), for the purpose of allowing individual parts of the sheet stacking apparatus (Fig. 10) to be replaced. It would have been obvious to one having ordinary skill in the art before the effective filing date to provide the Kimura apparatus with a mounting portion and joint portion removably mounted to the housing, for the purpose of allowing individual parts of the sheet stacking apparatus to be replaced, as shown in Niimura. Regarding claim 6, Niimura shows that a housing (201) is removably mountable to the image forming apparatus (401). The same arrangement would be provided on the Kimura apparatus according to the teachings of Niimura. Regarding claims 7 and 18, Fig. 4 of Kimura show a sheet-supporting surface formed by the first stacking surface (upper surface of 19) of the stacking portion (including 16 and 19), the joint portion (23a and 23a), and the second stacking surface (upper surface of 23) of the tray (23) has a length in the sheet discharging direction, but Kimura does not explicitly show that the length is equal to or greater than 600mm. It would have been obvious to one having ordinary skill in the art before the effective filing date to have the length equal to or greater than 600mm, since it has been held that discovering an optimum or workable range involves only routine skill in the art. Absent any criticality whatsoever for the length, making the length 600mm or larger involves only routine skill in the art. One having ordinary skill in the art would have been motivated to make the length 600mm or larger, e.g., to accommodate long sheets. Response to Arguments 5. Applicant’s arguments, see pages 8-11 of the response, filed 8/17/2026, with respect to the rejection(s) of claim(s) 1-20 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, several new grounds of rejection are made above. Allowable Subject Matter 6. Claims 11-12 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. Conclusion 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS A MORRISON whose telephone number is (571)272-7221. The examiner can normally be reached M-F 9am - 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, Mike McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THOMAS A MORRISON/Primary Examiner, Art Unit 3653
Read full office action

Prosecution Timeline

Sep 05, 2024
Application Filed
Sep 24, 2025
Non-Final Rejection mailed — §102, §103
Jan 26, 2026
Response Filed
May 18, 2026
Final Rejection mailed — §102, §103
Aug 17, 2026
Request for Continued Examination
Aug 18, 2026
Response after Non-Final Action
Aug 26, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 3m to grant Granted Sep 29, 2026
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Patent 12722921
MEDIUM FEEDING DEVICE AND MEDIUM PROCESSING DEVICE INCLUDING THE SAME
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Patent 12715722
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2y 1m to grant Granted Aug 25, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+30.1%)
2y 7m (~5m remaining)
Median Time to Grant
High
PTA Risk
Based on 892 resolved cases by this examiner. Grant probability derived from career allowance rate.

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