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 .
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.
2. Claims 10-16 and 18-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2019/0062098 (Gonzalez Perello et al. (hereinafter “Perello”).
Regarding claim 10, Figs. 1-5B show a printing apparatus (Fig. 1) comprising:
a printing unit (P) configured to perform printing;
a stacking portion (OT) on which a print medium printed by the printing unit (P) is stacked;
a conveying unit (R) configured to convey the print medium printed by the printing unit (P) to the stacking portion (OT) in a conveying direction (up and right in Fig. 1);
a passage forming portion (30) which includes an extending portion (including 45 and 32), is arranged above the stacking portion (OT) so as to face the stacking portion (OT), and is configured to form a discharge passage of the print medium together with the stacking portion (OT), the extending portion (including 45 and 32) protruding from a rear surface of the printing apparatus (Fig. 1) in the conveying direction (up and right); and
a guide member (50) supported by a downstream end, with respect to the conveying direction (up and right), of the extending portion (including 45 and 32) so as to be pivotable in accordance with contact with the print medium, and configured to cover an outlet port (port between elements 34 and Z in Fig. 1) of the discharge passage.
Regarding claim 11, Figs. 1-5B show that a lower end of the guide member (50) is configured to be lower than a downstream end, with respect to the conveying direction (up and right), of the stacking portion (OT).
Regarding claim 12, Figs. 1-5B show that the guide member (50) is configured to prevent a curled sheet from riding on a top surface of the printing apparatus. See, e.g., numbered paragraph [0040].
Regarding claim 13, numbered paragraph [0024] teaches that the printing medium is a roll sheet.
Regarding claim 14, numbered paragraph [0024] teaches that the printing medium curls in a direction due to a winding direction of the roll sheet.
Regarding claim 15, Figs. 1-5B show that the stacking portion (OT) has a length shorter than a length of the printing medium.
Regarding claim 16, Figs. 1-5B show that the printing medium curls in an upward direction while the printing medium is conveyed in the discharge passage.
Regarding claim 18, numbered paragraph [0024] teaches that the printing unit (P) is configured to perform printing by discharging ink from a printhead.
Regarding claim 19, Figs. 1-5B show that the discharge passage includes an inclined portion (along OT) and a horizontal portion (directly above element 25).
Regarding claim 20, Figs. 1-5B show that the discharge passage includes:
a first inclined portion (at 48) at an upstream end of the discharge passage with respect to the conveying direction (up and right);
a second inclined portion (along OT) at a downstream end of the discharge passage in the conveying direction (up and right); and
a horizontal portion (above element 25) at a central portion between the upstream end (at 48) and the downstream end (along OT) of the discharge passage.
Regarding claim 21, Figs. 1-5B show that the discharge passage includes a downstream end (right end) and an upstream end (left end) with respect to the conveying direction (up and right), and the downstream end (right end) is located at a higher position than the upstream end (left end).
Regarding claim 22, Figs. 1-5B show that the passage forming portion includes an opening/closing portion (at 35 in Fig. 5B).
Regarding claim 23, Figs. 1-5B show that the opening/closing portion (at 35) is provided with a handle (35) configured to be operated by a user, and opening of the opening/closing portion (at 35) allows the user to perform cancellation of a jam.
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.
3. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Perello. With regard to claim 17, Figs. 1-5B of Perello show that the stacking portion (OT) includes a second extending portion (unnumbered second extending potion up and to the right of reference numeral 32 in Fig. 5B) protruding from the rear surface of the printing apparatus (P), and shows a downstream end, with respect to the conveying direction (up and right), of the extending portion (including 45 and 32), but Perello does not explicitly show that the downstream end of the extending portion is located on a downstream side, with respect to the conveying direction, of the downstream end of the second extending portion, as claimed. It would have been obvious to one having ordinary skill in the art before the effective filing date to make the downstream end of the extending portion on a downstream side, with respect to the conveying direction, of the downstream end of the second extending portion, since there is no indication that making the downstream end of the extending portion downstream of the downstream end of the second extending portion solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the downstream ends of the extending and second extending portions at the same locations as one another. Absent any criticality whatsoever making the downstream end of the extending portion downstream of the downstream end of the second extending portion is an obvious matter of design choice. One having ordinary skill in the art would have been motivated to make the downstream end of the extending portion on the downstream side, with respect to the conveying direction, of the downstream end of the second extending portion, e.g., for the purpose of supporting different shaped sheets, which are longer at center portions than outer edge portions, during stacking.
Response to Arguments
4. Applicant’s arguments, see pages 6-7 of the response, filed 12/18/2025, with respect to the rejection of claims 10-23 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, several new grounds of rejection are made of claims 10-23.
Conclusion
5. 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.
6. 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.
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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.
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/THOMAS A MORRISON/Primary Examiner, Art Unit 3653