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 .
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
2. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
3. Claims 1-5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 recites “when a second operation that is different from the first operation is performed on the manual input unit, the control unit moves the stapler in the predetermined direction to retract the stapler into a retraction position that is different from a position where the stapling processing can be performed on the binding margin”. The Specification discloses, in ¶0059, “The retraction position of the stapler 1 is different from the position where the stapling processing can be performed on the binding margin B of the sheet bundle SB. In other words, the retraction position of the stapler 1 is different from the position where the stapler 1 can be arranged when the stapling processing is performed”. However, the Specification next discloses, in ¶0060, “the retraction position of the stapler 1 is secured in a back side of the interior of the post-processing device 100. Among the positions P1 to P4, the position of arrangement of the stapler 1 when the stapling processing is performed on the position P4 is the backmost side”. It is not enabling for the stapler to perform stapling processing at position P4, but also be the same position that is different from a position where the stapling processing can be performed.
4. 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.
5. Claims 1-5 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 1 recites a second operation wherein the stapler moves in a predetermined direction to retract the stapler into a retraction position that is different from a position where the stapling processing can be performed on the binding margin. In light of the Specification (see ¶2,3 above), it is not clear how the post-processing device can perform this operation. For the purpose of this Action, the limitation will be interpreted to mean that the retraction position is a position where stapling processing cannot be performed on the binding margin, or alternatively the retraction position is a position where the stapling is the same as a position where the stapling processing can be performed on the binding margin (emphasis added by Examiner).
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claims 1,4,5, as interpreted and best understood by the Examiner (see ¶2-5 above), are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murata et al. USP 5,447,297.
Murata discloses, regarding claim 1, A post-processing device that performs stapling processing for binding, with a staple, a part of a binding margin extending along one side of a sheet bundle, the post-processing device comprising:
a processing tray (B) on which the sheet bundle is placed such that a direction of the extension of the binding margin is aligned along a predetermined direction (F);
a stapler (412) that performs the stapling processing on the sheet bundle on the processing tray;
a movement mechanism that moves the stapler in the predetermined direction (C5/L10-22);
an operation unit that receives an operation related to the stapling processing from a user (fig.3, C7/L3-11); and
a control unit, wherein modes of the stapling processing include
a normal mode in which the sheet bundle obtained by automatically supplying and stacking sheets on the processing tray is a processing target of the stapling processing (see at least fig.15) and
a manual mode in which the sheet bundle that is manually placed on the processing tray by the user is the processing target of the stapling processing (C11/L63-66),
the operation unit includes a manual input unit (S406) that receives an instruction to perform the stapling processing in the manual mode (fig.6, C5/L31-33),
when a first operation is performed on the manual input unit, the control unit causes the stapler to perform the stapling processing (stapling processing performed in S805; see fig.25, C11/L63-C12/L4) and
when a second operation that is different from the first operation is performed on the manual input unit, the control unit moves the stapler in the predetermined direction to retract the stapler into a retraction position that is different from a position where the stapling processing can be performed on the binding margin (stapler moved to retraction position in S811; see fig.25, C12/L4-15).
Regarding claim 4, wherein when the mode of the stapling processing is the normal mode, the control unit disables an operation performed on the manual input unit (stapling processing in the manual mode is disabled if a sheet is discharged from the main assembly of the image forming apparatus, as shown in fig.15, C9/L3-13).
Regarding claim 5, further comprising:
an image forming apparatus that prints an image on the sheet (fig.2),
wherein the stapling processing is performed on the sheet which has been supplied from the image forming apparatus and on which the printing has been performed (see at least Abstract).
9. Claims 1,4,5, as interpreted and best understood by the Examiner (see ¶2-5 above), are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukasa et al. PGPub 2022/0214638.
Fukasa discloses, regarding claim 1, A post-processing device that performs stapling processing for binding, with a staple, a part of a binding margin extending along one side of a sheet bundle, the post-processing device comprising:
a processing tray (in binding path 100, as shown in fig.1,5) on which the sheet bundle is placed such that a direction of the extension of the binding margin is aligned along a predetermined direction;
a stapler (400) that performs the stapling processing on the sheet bundle on the processing tray;
a movement mechanism that moves the stapler in the predetermined direction (W) (fig.2,3; ¶0029);
an operation unit (4-6) that receives an operation related to the stapling processing from a user (fig.3, ¶0025); and
a control unit, wherein modes of the stapling processing include
a normal mode in which the sheet bundle obtained by automatically supplying and stacking sheets on the processing tray is a processing target of the stapling processing (see at least ¶0022-0024) and
a manual mode in which the sheet bundle that is manually placed on the processing tray by the user is the processing target of the stapling processing (see at least ¶0033),
the operation unit includes a manual input unit (4-6) that receives an instruction to perform the stapling processing in the manual mode (¶0021,0025),
when a first operation is performed on the manual input unit, the control unit causes the stapler to perform the stapling processing (see at least ¶0033) and
when a second operation that is different from the first operation is performed on the manual input unit, the control unit moves the stapler in the predetermined direction (W) to retract the stapler into a retraction position (fig.3) that is different from a position where the stapling processing can be performed on the binding margin (position when not retracted, as shown in at least fig.2).
Regarding claim 4, wherein when the mode of the stapling processing is the normal mode, the control unit disables an operation performed on the manual input unit (when the mode of the stapling processing is the normal mode, stapling processing in the manual mode is not possible since manual supply slot 300 is not exposed; see at least fig.2,3).
Regarding claim 5, further comprising:
an image forming apparatus (1) that prints an image on the sheet (fig.1),
wherein the stapling processing is performed on the sheet which has been supplied from the image forming apparatus and on which the printing has been performed (see at least ¶0021).
Allowable Subject Matter
10. Claims 2,3 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.
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sugiyama (USP 11,027,567) discloses a stapler (18) movable to staple sheets in a normal mode when stacked on processing tray (12), and movable to staple sheets in a manual mode when sheets are manually inserted to the stapler (see C5/L25-34, fig.4).
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE A. NICHOLSON III whose telephone number is (571)272-5487. The examiner can normally be reached M-F 8-4.
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 C 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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/LESLIE A NICHOLSON III/Primary Examiner, Art Unit 3653 6/26/2026
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