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 .
Amendment received 4/3/26 was entered into the record.
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 3 and 5 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 3 recites the limitations "said engaging portion" and “said engaged portion.” There is insufficient antecedent basis for these limitations in the claim.
Claim 5 recites the limitation, ”said engaging portion." There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
As best understood, claim(s) 1, 3, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2018-52643 A (“JP ‘643”).
Regarding claim 1, JP ‘643 disclosed a medium ejecting apparatus comprising:
a housing (Figures 1 and 3);
an ejection roller to eject a medium (through 12);
a tray (22) to load the medium ejected by the ejection roller; and
a medium regulating member (28) provided with a load pressing portion (52) on a front-end side thereof to apply a load to the medium ejected on the tray,
wherein the medium regulating member is accommodated in the housing and can be drawn out by sliding (see Figure 3, noting grooves 44), and wherein
at least a part of the front-end is exposed from the housing to be gripped, in a state where the medium regulating member is accommodated in the housing (see at least Figure 3).
Regarding claim 3, JP ‘643 disclosed the medium regulating member is provided with two engaging portions (53a) comprising said engaging portion and another engaging portion, said two engaging portions located apart from each other in a direction perpendicular to a medium ejecting direction (Figure 3), and wherein a holding member (41) is provided with two of the engaged portions (44) comprising said engaged portion and another engaged portion, said two engaged portions located apart from each other in the direction perpendicular to the medium ejecting direction (Figure 3).
Regarding claim 8, JP ‘643 disclosed a holding member (3) is accommodated in the housing and can be drawn out.
Regarding claim 9, JP ‘643 disclosed the medium regulating member is accommodated in the housing and can be drawn out in a medium ejecting direction (Figures 1-3).
As best understood, claim(s) 1, 2, 4, 6, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi US 5,260,759 (“Kobayashi”).
Regarding claim 1, Kobayashi disclosed a medium ejecting apparatus comprising:
a housing (7);
an ejection roller (25) to eject a medium;
a tray (27) to load the medium ejected by the ejection roller; and
a medium regulating member (32) provided with a load pressing portion (39) on a front-end side thereof to apply a load to the medium ejected on the tray,
wherein the medium regulating member is accommodated in the housing (seen in Figure 1 in solid) and can be drawn out by sliding (the entire hold down device is capable of being detached and then caused to slide against surface 29 while drawing it out from the footprint of housing 7, see also MPEP 2114), and wherein at least a part of the front-end is exposed from the housing to be gripped, in a state where the medium regulating member is accommodated in the housing (as seen in Figure 1).
Regarding claim 2, Kobayashi disclosed a holding member (31), wherein the medium regulating member is provided with an engaging portion (40) on a base portion side opposite to the front-end portion, wherein the holding member is provided with an engaged portion (41) to engage with the engaging portion, and wherein the holding member holds the medium regulating member in such a way that the medium regulating member can swing in a vertical direction with respect to an upper surface of the tray (see Figure 1), and pivot along a rotation axis in a direction from the base side toward the front-end portion side, according to an ejection of the medium (see at least Figure 2A and the first full paragraph of column 5).
Regarding claim 4, Kobayashi disclosed the medium regulating member is provided with two of the load pressing portions (39) located apart from each other in a direction perpendicular to a medium ejecting direction (Figure 2A).
Regarding claim 6, a distance between the two load pressing portions is less than the minimum medium width supported by the medium ejecting apparatus (Figure 2A).
Regarding claim 8, Kobayashi disclosed the holding member is accommodated in the housing (Figures 1 and 2A) and is capable of being drawn out or removed.
Regarding claim 9, Kobayashi disclosed the medium regulating member is accommodated in the housing and can be drawn out in a medium ejecting direction (see at least Figures 1 noting MPEP 2114 as discussed above).
Claim Rejections - 35 USC § 103
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi in view of JP 2011235970 (“JP ‘970”).
Kobayashi disclosed the limitations of claim 1 but did not teach a rib as claimed. JP ‘970 teaches a tray that includes a rib (52) extending in a medium ejecting direction, to contact a load pressing portion (Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of JP ‘970 within Kobayashi in order to correct sheet curl.
Allowable Subject Matter
Claim 5 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 filed 4/3/26 have been fully considered but they are not persuasive. Applicant alleged that Kobayashi does not satisfy the claimed limitation that the medium regulating member can be drawn out by sliding. The Examiner disagrees. MPEP 2114 states, “A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim.“ Here, the structural limitations were met by the device of Kobayashi. Furthermore, the device is capable of performing the recited function as discussed above. Accordingly, the anticipation rejection is considered proper.
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 HOWARD J SANDERS whose telephone number is (571)270-3096. The examiner can normally be reached M-F 8:00-5:00.
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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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/HOWARD J SANDERS/Primary Examiner, Art Unit 3653
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