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 1-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Publication No. 2000-255875 (hereinafter “JP’875”) (cited in the 10/4/24 IDS).
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Regarding claim 1, Figs. 1-5 show a sheet stacking apparatus (Fig. 1) on which a sheet discharged by a discharge portion (including 34) is stacked, the sheet stacking apparatus (Fig. 1) comprising:
a wire (45) including:
a first supported portion (“First Supported Portion” in annotated Fig. 5);
a second supported portion (“Second Supported Portion” in annotated Fig. 5); and
a stacking portion (“Stacking Portion” in annotated Fig. 5) on which the sheet discharged by the discharge portion (including 34) is stacked, at least a part of the stacking portion (“Stacking Portion” in annotated Fig. 5) being located between the first supported portion (“First Supported Portion” in annotated Fig. 5) and the second supported portion (“Second Supported Portion” in annotated Fig. 5) in a horizontal direction;
a first support portion (46) configured to support the first supported portion (“First Supported Portion” in annotated Fig. 5); and
a second support portion (40) configured to support the second supported portion (“Second Supported Portion” in annotated Fig. 5).
Regarding claim 2, Figs. 1-5 show that the wire (45) includes a first bent portion (bend at 49b) that is bent downward, and wherein the first bent portion (bend at 49b) is located between the first support portion (46) and the second support portion (40) in the horizontal direction.
Regarding claim 3, Figs. 1-5 show that the stacking portion (“Stacking Portion” in annotated Fig. 5) of the wire (45) is located upstream of the first bent portion (bend at 49b) in a sheet discharge direction,
wherein the second support portion (40) is located downstream of the first bent portion (bend at 49b) in the sheet discharge direction, and
wherein the wire (45) includes an inclined portion (“Inclined Portion” in annotated Fig. 5) that is inclined downward toward a downstream side in the sheet discharge direction between the first bent portion (bend at 49b) and the second supported portion (“Second Supported Portion” in annotated Fig. 5).
Regarding claim 4, Figs. 1-5 show that the second supported portion (“Second Supported Portion” in annotated Fig. 5) of the wire (45) and the second support portion (40) are in line contact with each other.
Regarding claim 5, Figs. 1-5 show that the wire (45) includes a pair of portions (“Pair Of Portions” in annotated Fig. 5) extending vertically and located at an interval in a sheet width direction perpendicular to a sheet discharge direction, wherein the wire (45) further includes a pair of second bent portions (“Second Bent Portions” in annotated Fig. 5) located below the pair of portions (“Pair Of Portions” in annotated Fig. 5), respectively, and wherein the second supported portion (“Second Supported Portion” in annotated Fig. 5) in line contact with the second support portion (40) corresponds to a portion of the wire (45) located between the pair of second bent portions (“Second Bent Portions” in annotated Fig. 5) and extending in the sheet width direction to connect the pair of portions (“Pair Of Portions” in annotated Fig. 5).
Regarding claim 8, Figs. 1-5 show an image forming apparatus comprising:
an image forming portion (including 1-3 and 5-6) configured to form an image on a sheet; and
a sheet stacking apparatus according to claim 1, wherein the sheet having the image formed thereon by the image forming portion (including 1-3 and 5-6) is stacked on the sheet stacking apparatus.
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. Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over JP’875 as applied to claim 1 above, and further in view of U.S. Patent No. 3,474,912 (Pekera et al.) (hereinafter “Pekera”). With regard to claims 6 and 7, JP’875 teaches all of the limitations of these claims, except for a retaining member or a cover, as claimed.
With regard to claim 6, Pekera shows that it is well-known in the art to provide a sheet stacking apparatus (Fig. 1) with a retaining member (66) configured to prevent a supported portion (62) from being detached from a support portion (frame) and moving upward, for the purpose of attaching the supported portion (62) to the support portion (frame). It would have been obvious to one having ordinary skill in the art before the effective filing date to provide the sheet stacking apparatus of JP’875 with a retaining member, for the purpose of attaching the second supported portion of JP’875 to the second support portion of JP’875, as shown in Pekera.
With regard to claim 7, Pekera shows that it is well-known in the art to provide the sheet stacking apparatus (Fig. 1) with a cover (58) including an opening (60), wherein a wire (12) is inserted into the opening (60) of the cover (58), and the support portion (frame) is located below the opening (60) of the cover (58), for the purpose of removably attaching the wire to the support portion. It would have been obvious to one having ordinary skill in the art before the effective filing date to provide the sheet stacking apparatus (Fig. 5) of JP’875 with a cover having an opening, for the purpose of removably attaching the wire of JP’875 to the second support portion of JP’875, as taught by Pekera.
Response to Arguments
4. Applicant's arguments filed 1/30/2026 have been fully considered but they are not persuasive.
Applicant argues
In the Office Action, the Examiner cites Fig. 5 of JP'875 and asserts that the reference includes "a first support portion" and "a second support portion." The Examiner further comments that, in Fig. 5 of JP'875, a portion folded downward between portion 49a and portion 49b of the second auxiliary members 47 corresponds to the "second supported portion" of claim 1 of the present application (i.e., a second supported portion supported by a second support portion).
However, JP'875 contains neither any description nor any suggestion regarding the "second supported portion" or the "second support portion." Accordingly, the Examiner's assertion is unsupported by the reference and appears to be based on speculation, and Applicant respectfully cannot agree with the Examiner's finding. With respect to the second auxiliary members 47, which correspond to the wire, JP'875 merely states that: "The first and second auxiliary members 46 and 47 are rotatably and detachably assembled to each other by inserting the end of the second auxiliary member 47 into the hole of the first auxiliary member 46."
The examiner disagrees with this argument. JP’875 teaches a stacking portion (“Stacking Portion” in annotated Fig. 5) on which the sheet discharged by the discharge portion (including 34) is stacked, at least a part of the stacking portion (“Stacking Portion” in annotated Fig. 5) being located between the first supported portion (“First Supported Portion” in annotated Fig. 5) and the second supported portion (“Second Supported Portion” in annotated Fig. 5) in a horizontal direction; a first support portion (46) configured to support the first supported portion (“First Supported Portion” in annotated Fig. 5); and a second support portion (40) configured to support the second supported portion (“Second Supported Portion” in annotated Fig. 5). With regard to the recited “second supported portion” in claim 1, the entire wire arrangement in Fig. 5 is supported by discharge unit 40. As such, the “Second Supported Portion” in annotated Fig. 5 is a second supported portion that is likewise supported on discharge unit 40. A copy of a machine translation of JP’875 is included with this Office action. More specifically, pages 8-9 of this machine translation state that
Figure 4A shows a side view and a perspective view of one embodiment of a paper discharge device according to the present invention. In this embodiment, a paper discharge assist member 42 having a ribbed portion 41 positioned at the center of the width of the paper discharged onto the paper discharge unit 40 is detachably mounted on a component of the paper discharge unit 40, forcing the paper to curve as described above, thereby ensuring stack capacity. The angle θ formed by the upper edge of the ribbed portion 41 of the paper discharge assist member 42 in the paper discharge direction is preferably set to approximately 30 degrees from the horizontal. Any suitable attachment/detachment structure may be used for the paper discharge unit 40, but it may also be simply placed on the paper discharge unit 40.Figure 5 shows a perspective view (A) and a side view (B) of a paper discharge assist member constituting a paper discharge device according to the present invention. The illustrated paper discharge assist member 45 comprises a first auxiliary member 46 having a shape similar to that of the paper discharge assist member 42 of the previous embodiment, and a second auxiliary member 47 formed by bending a wire. The first auxiliary member 46 is a cover-like member having a rib-shaped portion 48 positioned at the center in the width direction of the paper discharged onto the paper discharge section 40.
In other words, the entire wire arrangement (45) in Fig. 5 of JP’875 is supported by discharge section (40). As such, the portion labeled “Second Supported Portion” in annotated Fig. 5 is a second supported portion, as claimed. Moreover, since discharge section (40) supports the entire wire arrangement in Fig. 5, discharge section (40) can also be considered “a second support portion”, as claimed. All of the limitations of claim 1 are met by JP’875.
Next, applicant argues
With respect to claims 6 and 7, Pekera merely suggests the use of a support rod 62 with a pair of hook-like projections 66.
Modifying JP '875 with the support rod features of Pekera would not lead one skilled the art to arrive at the claimed invention, alone or in any combination thereof.
The examiner disagrees with this argument. Pekera teaches a retaining arrangement (66) that attaches a supported portion (62) to a frame. This retaining arrangement prevents supported portion (62) from being able to move upward. Pekera shows that it is well-known in the art to provide a sheet stacking apparatus (Fig. 1) with a retaining member (66) configured to prevent a supported portion (62) from being detached from a support portion (frame) and moving upward, for the purpose of attaching the supported portion (62) to the support portion (frame). It would have been obvious to one having ordinary skill in the art before the effective filing date to provide the sheet stacking apparatus of JP’875 with a retaining member, for the purpose of attaching the second supported portion of JP’875 to the second support portion of JP’875, as shown in Pekera.
With regard to claim 7, Pekera shows that it is well-known in the art to provide the sheet stacking apparatus (Fig. 1) with a cover (58) including an opening (60), wherein a wire (12) is inserted into the opening (60) of the cover (58), and the support portion (frame) is located below the opening (60) of the cover (58), for the purpose of removably attaching the wire to the support portion. It would have been obvious to one having ordinary skill in the art before the effective filing date to provide the sheet stacking apparatus (Fig. 5) of JP’875 with a cover having an opening, for the purpose of removably attaching the wire of JP’875 to the second support portion of JP’875, as taught by Pekera. All of the limitations of claim 6 and 7 are met by the cited combination of references.
The rejections of dependent claim 2-8 are also outlined above.
Conclusion
5. THIS ACTION IS MADE FINAL. 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