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 .
Election/Restrictions
Applicant’s election of Species A in the reply filed on 7/27/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 3 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Species B, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/6/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-2 and 4-8 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.
Regarding claim 1:
This claim requires a first stack tray “on which the sheet conveyed by the conveying portion is stacked” and a second stack tray “on which the sheet conveyed by the conveying portion is stacked.” How can the same sheet (“the sheet”) be stacked on both the first and second trays?
Further, the controller is configured to control the conveying portion such that “the sheet … is discharged to the second stack tray.” If the sheet is discharged to the second stack tray, how can it also be stacked in the first stack tray?
In view of the above, an artisan would not be able to determine the point of infringement of this claim.
Regarding claims 2 and 4-8:
These claims fail to remedy the deficiencies of claim 1, and therefore also fail to meet the requirements of this statute.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Haan et al. (US 2022/0134783 A1) disclose a printing apparatus comprising first and second stack trays (Fig. 7), wherein waste papers are discharged to the first stack tray and completed prints are discharged to the second stack tray (Fig. 7).
Sasami (US 2014/0218755 A1) disclose a printing apparatus comprising first and second stack trays (290m, 290s), wherein image abnormality sheets are discharged to the second stack tray (Fig. 14).
Miyake (US 2021/0178753 A1) disclose a printing apparatus comprising a detector (17) upstream of an ink head portion (13), wherein defective sheets are ejected to a second stack tray (41) without image formation (paragraph 47), and wherein subsequent sheets are also discharged to the first stack tray (paragraph 47).
Vestjens et al. (US 2018/0056679 A1) disclose a printing apparatus comprising a detector (62) provided upstream of an ink head portion (16), a first stack tray (66) and a second stack tray (44), wherein defective sheets are discharged to the first stack tray (Fig. 1).
Communication with the USPTO
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shelby L Fidler whose telephone number is (571)272-8455. The examiner can normally be reached Monday-Friday, 8:30am - 5pm EST.
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, Douglas Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SHELBY L. FIDLER
Primary Examiner
Art Unit 2853
/SHELBY L FIDLER/Primary Examiner, Art Unit 2853
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