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 § 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 1-14 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 the limitation "the other axial side" in lines 16-17. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-12 are rejected because they depend from claim 1.
Claim 13 recites the limitation "the other axial side" in lines 16-17. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the other axial side" in lines 16-17. There is insufficient antecedent basis for this limitation in the claim.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morimura (US20220034109A1).
Regarding claim 1, Morimura discloses a binding machine (abstract and paragraphs 0049 and 00151-0157) comprising:
a wire feeding portion (fig.1: (3A)) configured to feed a plurality of wires;
a curl forming portion (fig.1: (5A)) configured to form an annular feeding path for winding the plurality of wires fed by the wire feeding portion around a to-be-bound object (fig.1); and
a binding portion (fig.1: (7A)) configured to twist the plurality of wires wound on the to-be-bound object,
wherein the curl forming portion comprises a curl guide (fig.1: (50)) configured to curl the plurality of wires fed by the wire feeding portion, and
an induction guide (fig.1: (51)) configured to guide the plurality of wires curled by the curl guide to the binding portion,
the curl guide comprises a first wire guide (fig.7d: the bottom of the guide (50)) configured to regulate positions of the wires directed toward a radially outer periphery side with respect to a radial direction of the annular feeding path,
a second wire guide (fig.7d: the left side wall of the guide (50)) configured to regulate positions of the wires directed toward one axial side with respect to an axial direction of the annular feeding path, and a third wire (fig.7d: the right side wall of the guide (50)) guide configured to regulate positions of the wires directed toward the other axial side, and
the curl guide comprises a suppression part (fig.7d: (53C)) configured to allow the plurality of wires to be aligned in contact with each other between the second wire guide and the third wire guide along the axial direction of the annular feeding path (fig.7d: see the inclined surface (53G)), and to suppress one wire of the plurality of wires from moving in a direction toward another wire (fig.7d: see the inclined surface (53G)).
Regarding claim 2, Morimura discloses wherein the suppression part comprises a guide portion (fig.7d: see the inclined surface (53G)) with varying heights along the radial direction of the annular feeding path, in a width direction of the first wire guide along the axial direction of the annular feeding path.
Regarding claim 3, Morimura discloses wherein the curl guide is configured to suppress the other wire from moving in a direction toward the one wire, via the one wire whose movement is suppressed by the suppression part (fig.7d: see the inclined surface (53G)).
Regarding claim 4, Morimura discloses wherein the guide portion comprises an inclined surface (fig.7d: see the inclined surface (53G)) that is inclined in a direction toward an outer side along the radial direction of the annular feeding path, in a width direction of the first wire guide along the axial direction of the annular feeding path.
Regarding claim 5, Morimura discloses wherein the guide portion comprises the inclined surface (fig.7d: see the inclined surface (53G)) that is inclined in the direction toward the outer side along the radial direction of the annular feeding path, on a side closer to the second wire guide, on a side closer to the third wire guide, or on both of the side closer to the second wire guide and the side closer to the third wire guide, in the width direction of the first wire guide along the axial direction of the annular feeding path (fig.7d).
Regarding claim 13, Morimura discloses a binding machine (abstract and paragraphs 0049 and 00151-0157) comprising:
a wire feeding portion (fig.1: (3A)) configured to feed a plurality of wires;
a curl forming portion (fig.1: (5A)) configured to form an annular feeding path for winding the plurality of wires fed by the wire feeding portion around a to-be-bound object (fig.1); and
a binding portion (fig.1: (7A)) configured to twist the plurality of wires wound on the to-be-bound object,
wherein the curl forming portion comprises a curl guide (fig.1: (50)) configured to curl the plurality of wires fed by the wire feeding portion, and
an induction guide (fig.1: (51)) configured to guide the plurality of wires curled by the curl guide to the binding portion,
the curl guide comprises a first wire guide (fig.7d: the bottom of the guide (50)) configured to regulate positions of the wires directed toward a radially outer periphery side with respect to a radial direction of the annular feeding path,
a second wire guide (fig.7d: the left side wall of the guide (50)) configured to regulate positions of the wires directed toward one axial side with respect to an axial direction of the annular feeding path, and a third wire (fig.7d: the right side wall of the guide (50)) guide configured to regulate positions of the wires directed toward the other axial side, and
the curl guide comprises a guiding part fig.7d: (53C)) configured to allow the plurality of wires to be aligned in contact with each other between the second wire guide and the third wire guide along the axial direction of the annular feeding path (fig.7d: see the inclined surface (53G)), and to guide one wire of the plurality of wires toward the second wire guide or the third wire guide (fig.7d: see the inclined surface (53G)).
Claims 1-2 and 8-13 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yusuke (JP2020147298A attached NPL, English Machine translation).
Regarding claim 1, Yusuke discloses a binding machine (abstract and paragraphs 0049 and 00151-0157) comprising:
a wire feeding portion (fig.1: (3A)) configured to feed a plurality of wires;
a curl forming portion (fig.1: (5A)) configured to form an annular feeding path for winding the plurality of wires fed by the wire feeding portion around a to-be-bound object (fig.1); and
a binding portion (fig.1: (7A)) configured to twist the plurality of wires wound on the to-be-bound object,
wherein the curl forming portion comprises a curl guide (fig.1: (50)) configured to curl the plurality of wires fed by the wire feeding portion, and
an induction guide (fig.1: (51)) configured to guide the plurality of wires curled by the curl guide to the binding portion,
the curl guide comprises a first wire guide (fig.16A: (57)) configured to regulate positions of the wires directed toward a radially outer periphery side with respect to a radial direction of the annular feeding path,
a second wire guide (fig.16A: (55L2)) configured to regulate positions of the wires directed toward one axial side with respect to an axial direction of the annular feeding path, and a third wire (fig.16A: (55R2)) guide configured to regulate positions of the wires directed toward the other axial side, and
the curl guide comprises a suppression part (fig.16A: see the inclined surface (57a)) configured to allow the plurality of wires to be aligned in contact with each other between the second wire guide and the third wire guide along the axial direction of the annular feeding path (fig.16A: see the inclined surface (57a)), and to suppress one wire of the plurality of wires from moving in a direction toward another wire (fig.16A: see the inclined surface (57a)).
Regarding claim 2, Yusuke discloses wherein the suppression part comprises a guide portion (fig.16A: see the inclined surface (57a)) with varying heights along the radial direction of the annular feeding path, in a width direction of the first wire guide along the axial direction of the annular feeding path.
Regarding claim 8, Yusuke discloses wherein the suppression part (fig.16A: see the inclined surface (57a)) is formed on the first wire guide along a circumferential direction of the annular feeding path.
Regarding claim 9, Yusuke discloses wherein the suppression part (fig.16A: see the inclined surface (57a)) is provided on an upstream side of the curl guide with respect to a feeding direction of the wires fed in a forward direction by the wire feeding portion.
Regarding claim 9, Yusuke discloses wherein the suppression part (fig.16A: see the inclined surface (57a)) is provided within a range of at least 1/4 of the annular feeding path in the circumferential direction of the annular feeding path.
Regarding claim 11, Yusuke discloses wherein the curl guide comprises a parallel guide part configured by a surface along the axial direction of the annular feeding path, on a downstream side of the suppression part with respect to the feeding direction of the wires fed in the forward direction by the wire feeding portion (figs.16A-16B).
Regarding claim 12, Yusuke discloses wherein the suppression part (fig.16A: see the inclined surface (57a)) has a height along the radial direction of the annular feeding path, which gradually changes toward the parallel guide part.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the closet prior art is Morimura (US20220034109A1), however in the opinion of the Examiner that the arts of record neither anticipates nor render obvious the limitation of “wherein the guide portion comprises a step along the radial direction of the annular feeding path, in the width direction of the first wire guide along the axial direction of the annular feeding path” in combination with the other limitations of the claim.
Claim 7 is depends from claim 6.
Claim 6 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.
Regarding claim 14, the closet prior art is Morimura (US20220034109A1), however in the opinion of the Examiner that the arts of record neither anticipates nor render obvious the limitation of “a step along the radial direction of the annular feeding path, in a width direction of the first wire guide along the axial direction of the annular feeding path” in combination with the other limitations of the claim.
Claim 14 would be allowable if rewritten or amended 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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, CHRISTOPHER TEMPLETON can be reached at (571)270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOHAMMED S. ALAWADI/Primary Examiner, Art Unit 3725
Prosecution Insights