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 § 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 2-4 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.
Claims 2-4 recite the limitation "the first driven roller" in lines 3 and 6 of claim 2 (also recited in depending claim 3 and 4). There is insufficient antecedent basis for this limitation in the claim. 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.
Claims 1-3, 7, 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Honma US 2012/0224903 (hereinafter “Honma”, previously cited in an IDS).
Regarding claim 1, Honma discloses a medium conveyance device including a medium conveyance path for conveying a medium in a conveyance direction, the medium conveyance device comprising:
a first roller pair that conveys the medium, the first roller pair comprising a first powered conveyance roller (6) and a first counter roller (7);
a second roller pair that is provided downstream of the first roller pair in the conveyance direction and conveys the medium, the second roller pair comprising a second powered conveyance roller (10) and a second counter roller (11), the second conveyance roller being an immediate next powered conveyance roller after the first powered conveyance roller, the second roller pair being lower than the first roller pair;
a curved path (curved passage between nip of the first roller pair and the second roller pair) that is a path portion of the medium conveyance path from the first roller pair to the second roller pair and is curved such that a beginning of the curved path at the first roller pair is higher than an end of the curved path at the second roller pair;
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an outer path forming member (refer to annotated FIG. 1 above) that forms an outer side of the curved path;
an inner path forming member (refer to annotated FIG. 1 above) that forms an inner side of the curved path; and
at least one guide member (16) that guides the medium in the curved path and is flexible (capable of being flexed), wherein one end of the guide member is a fixed end (16a) provided on the outer path forming member, and the other end of the guide member is a free end located downstream of the fixed end in the conveyance direction, and
the inner path forming member has a convex portion (refer to annotated FIG. 1 above) that protrudes toward the guide member at a position facing the guide member.
Regarding claim 2, wherein the inner path forming member in the curved path is provided with a driven roller (8) that is driven by a medium under conveyance, the first driven roller being a roller having a portion protruding from the inner path forming member toward the outer path forming member and being configured to be driven to rotate, and
a portion of the convex portion and a portion of the first driven roller overlap each other when viewed in a width direction intersecting the conveyance direction.
Regarding claim 3, wherein the first driven roller protrudes toward the outer path forming member beyond the convex portion when viewed in the width direction.
Regarding claim 7, wherein the convex portion is constituted by driven roller (8) that is driven to rotate.
Regarding claim 8. an image reading device (shown in FIG.1) comprising: the medium conveyance device according to claim 1; and
a reading unit ([0037]) that reads the medium conveyed by the medium conveyance device.
Allowable Subject Matter
Claims 5 and 6 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.
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yamada US 2020/0002113 (cited in the previous office action) is another 102(a)(1) reference for at least claim 1-3, 7, and 8 (refer to FIG. 2, 3, 4A, shows convex portion-ribs 223, driven roller-224, at least one guide member-24, first roller pair-7, second roller pair-8, outer path forming member-212, and inner path forming member-222).
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.
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, 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