DETAILED 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 18-19 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.
Claim 18 recites “wherein the first gap is positioned between the first protruding surface and the supporting surface in a third direction different from the first direction and the second direction, and wherein the second gap is positioned between the second protruding surface and the supporting surface in the third direction.” This limitation is indefinite because it’s not clear from Applicant’s disclosure what is meant by the third direction and how each of the first gap and the second gap are positioned in this third direction. Is the third direction the sheet thickness direction or an angled direction? Clarification or correction is required.
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.
Claim 1-3, 7, 8, 12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito et al. US 2021/0024320 A1 (hereinafter “Ito”).
Regarding claim 1, Ito discloses a medium stacking device (3) on which a medium discharged from a processing device (2) is stacked, the medium stacking device being separate from the processing device, the medium stacking device comprising:
a moving mechanism (50, 58, refer to [0039] and FIGS. 4 and 7) configured to move the medium stacking device separately from the processing device; and
a stacking unit (60) on which a medium is stacked, the stacking unit extending in a first direction,
wherein the stacking unit includes:
a supporting member (61, refer to FIG. 5) configured to support a medium; and
a first protruding member (broadest reasonable interpretation includes a convex portion 61e positioned on a right side of 61b) and a second protruding member (broadest reasonable interpretation includes another convex portion 61d positioned on a left side of 61e) each positioned on a respective side of the supporting member in a second direction different from the first direction,
the supporting member includes a supporting surface (61b) configured to support a medium,
the first protruding member includes a first protruding surface configured to support a medium,
the second protruding member includes a second protruding surface configured to support a medium, and the first protruding surface and the second protruding surface are positioned above the supporting surface.
Regarding claim 2, wherein the stacking unit includes a stacking member (62) extending in the first direction from the supporting member, the stacking member includes a plurality of ribs (62d or 62e) extending in the first direction, and the plurality of ribs are positioned at an interval in the second direction.
Regarding claim 3, wherein the first protruding member and the second protruding member are positioned so that the first protruding surface and the second protruding surface are positioned above the plurality of ribs (62d, refer to FIG. 9 showing surface of 61 comprising 61e is higher than surface of 62c comprising 62d)
Regarding claim 7, comprising a stopper (broadest reasonable interpretation is includes 90 in FIG. 9) being attached to the stacking unit and coming into contact (capable of) with a leading edge of a medium.
Regarding claim 8, wherein the stopper is attached to the stacking unit so as to be displaced in the first direction.
Regarding claim 12, wherein the moving mechanism comprises legs that extend from the stacking unit and wheels that are connected to the legs.
Regarding claim 14, wherein the plurality of ribs (62d, 62d) includes a rib positioned at a first height (62d) and a rib (62e) positioned at a second height different from the first height (with reference to FIG. 9 showing 62e is located higher than ribs of 62d).
Claim 1-3, 7, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morimoto JP 2004-331369 A (hereinafter “Morimoto”).
Regarding claim 1, Morimoto discloses a medium stacking device (200) on which a medium discharged from a processing device (1) is stacked, the medium stacking device being separate from the processing device, the medium stacking device comprising:
a moving mechanism (207) configured to move the medium stacking device separately from the processing device; and
a stacking unit (210 and 220) on which a medium is stacked, the stacking unit extending in a first direction,
wherein the stacking unit includes:
a supporting member (210) configured to support a medium; and
a first protruding member (broadest reasonable interpretation includes one of 215) and a second protruding member (broadest reasonable interpretation includes another of 215) each positioned on a respective side of the supporting member in a second direction different from the first direction,
the supporting member includes a supporting surface (upper surface of 210 in FIG. 4) configured to support a medium,
the first protruding member includes a first protruding surface configured to support a medium,
the second protruding member includes a second protruding surface configured to support a medium, and the first protruding surface and the second protruding surface are positioned above the supporting surface.
Regarding claim 2, wherein the stacking unit includes a stacking member (220) extending in the first direction from the supporting member, the stacking member includes a plurality of ribs (223) extending in the first direction, and the plurality of ribs are positioned at an interval in the second direction.
Regarding claim 3, wherein the first protruding member and the second protruding member are positioned so that the first protruding surface and the second protruding surface are positioned above the plurality of ribs.
Regarding claim 7, comprising a stopper (215) being attached to the stacking unit and coming into contact with a leading edge of a medium.
Regarding claim 11, wherein the first direction is an obliquely downward direction.
Regarding claim 12, wherein the moving mechanism comprises legs that extend from the stacking unit and wheels that are connected to the legs.
Allowable Subject Matter
Claim 13 is allowed.
Claims 4-6, 9 and 10, and 15-17 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.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 LUIS A GONZALEZ whose telephone number is (571)270-3094. The examiner can normally be reached 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael 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.
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/LUIS A GONZALEZ/ Primary Examiner, Art Unit 3653
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