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 § 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 19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morimoto JP 2007-197112 (hereinafter “Morimoto”).
Morimoto discloses a sheet stacking apparatus (1), comprising:
a conveyance path (15, or pathway to staple handling part 9) through which a sheet is to be conveyed;
a guide (upper and lower guide plates of 15, or belts of 9, or 17) which forms a part of the conveyance path and is movable to a closed position (FIG. 1) in which the guide guides the sheet and to an open position (retracted state of FIG. 2) in which the guide opens the conveyance path; and
a trolley (5, 51, 52, 12) which is movable away from the guide,
wherein an operation of moving the guide from the closed position to the open position is regulated by the trolley, and
wherein in a case in which the trolley is moved away from the guide, the guide is allowed (capable of) to be moved from the closed position to the open position.
Regarding claim 21, further comprising:
a stack tray (43) on which the sheet conveyed through the conveyance path is stacked; and
a raising and lowering portion (44, and mechanism to allow for vertical displacement of 43) configured to raise and lower the stack tray,
wherein the stack tray is loaded on the trolley by the raising and lowering portion (refer to FIG. 3).
Allowable Subject Matter
Claims 1-18 and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Claims 1-18 and 20 are allowable because no prior art was found to teach or suggest the relationship of a trolley, a lock member, a guide as claimed.
Response to Arguments
Applicant’s arguments with respect to claims 19 and 21 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 (a new interpretation of the Morimoto reference is introduced).
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