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 § 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 1-10 and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshida (US20220333392A1).
Regarding claim 1, Yoshida discloses a binding machine (abstract and paragraphs 0024-0033) comprising:
a wire feeding portion (fig.1A: (30)) configured to feed a wire;
a curl forming portion (fig.1A: (5A)) configured to form an annular feeding path for winding the wire fed by the wire feeding portion around a to-be-bound object; and
a binding portion (fig.1A: (7A)) configured to twist the wire wound on the to-be-bound object,
wherein the curl forming portion comprises an arm part (fig.1A: (50)) configured to curl the wire fed by the wire feeding portion, and
a curl guide part (fig.1A: (51)) configured to guide the wire curled by the arm part to the binding portion,
the curl guide part comprises a bottom surface portion (fig.1A: (53)) on a radially outer side of the annular feeding path, and the bottom surface portion comprises a guiding portion (fig.1A: (57a)) forming at least a part of a tip portion side of the curl guide part and configured to guide a tip of the wire toward a base end portion side of the curl guide part (paragraphs 0046-0050).
Regarding claim 2, Yoshida discloses a binding machine (abstract and paragraphs 0024-0033) comprising:
a wire feeding portion (fig.1A: (30)) configured to feed a wire;
a curl forming portion (fig.1A: (5A)) configured to form an annular feeding path for winding the wire fed by the wire feeding portion around a to-be-bound object; and
a binding portion (fig.1A: (7A)) configured to twist the wire wound on the to-be-bound object,
wherein the curl forming portion comprises an arm part (fig.1A: (50)) configured to curl the wire fed by the wire feeding portion, and
a curl guide part (fig.1A: (51)) configured to guide the wire curled by the arm part to the binding portion,
the curl guide part comprises a bottom surface portion (fig.1A: (53)) on a radially outer side of the annular feeding path, the bottom surface portion comprises a guiding portion (fig.1A: (57a)) forming at least a part of a tip portion side of the curl guide part,
the guiding portion has an inclined surface (figs.2A-2B: (57a)) inclined with respect to the bottom surface portion in a direction in which a first end portion on the tip portion side of the curl guide part becomes closer to the arm part than a second end portion on a base end portion side of the curl guide part, and
the inclined surface (figs.2A-2B: (57a)) is configured such that a dimension of the first end portion with respect to the second end portion is longer in a direction parallel to a virtual extension line of the bottom surface portion than in a direction orthogonal to the virtual extension line of the bottom surface portion (fig.2C).
Regarding claim 3, Yoshida discloses wherein the guiding portion (fig.1A: (57a)) has an inclined surface inclined with respect to the bottom surface portion (fig.1A: (53)) on a trajectory along which the tip of the wire passes (FIGS.2a-2b).
Regarding claim 4, Yoshida discloses wherein a cross-sectional shape of the inclined surface (figs.2A-2B: (57a)) in a direction parallel to the annular feeding path is a straight line shape.
Regarding claim 5, Yoshida discloses wherein the binding portion comprises a wire locking body (fig.1A: (70)) to which the wire is to be locked, and the inclined surface (figs.2A-2B: (57a)) is inclined toward the wire locking body.
Regarding claim 6, Yoshida discloses wherein the inclined surface (figs.2A-2B: (57a)) is inclined with respect to the bottom surface portion such that an entering angle of the wire with respect to the inclined surface just before the tip of the wire comes into contact with the inclined surface becomes 50° or less (figs1A-2B).
Regarding claim 7, Yoshida discloses wherein an angle of the inclined surface (figs.2A-2B: (57a)) with respect to the bottom surface portion is 50° or less (figs1A-2B).
Regarding claim 8, Yoshida discloses wherein the curl guide part (fig.1A: (51)) comprises side surface portions (FIG.2a: (52a) and (52b)) provided on both sides in an axial direction of the annular feeding path with respect to the bottom surface portion and the inclined surface (figs.2A-2: (57a)).
Regarding claim 9, Yoshida discloses wherein a gap between the inclined surface (figs.2A-2: (57a)) and the side surface portion FIG.2a: (52a) and (52b)) is equal to or less than a diameter of the wire.
Regarding claim 10, Yoshida discloses wherein the curl guide part (fig.1A: (51)) is provided at the tip portion with a width-expanding portion where a width of the bottom surface portion along an axial direction of the annular feeding path narrows toward the base end portion, and the guiding portion (fig.1A: (57a)) is provided on at least a part of the width-expanding portion on the tip portion side of the curl guide part (fig.2C).
Regarding claim 12, Yoshida discloses an inclined portion (figs.2B: (54)) inclined with respect to the bottom surface portion in a direction toward the binding portion on the base end portion side of the curl guide part with respect to the bottom surface portion, wherein the guiding portion (fig.1A: (57a)), the bottom surface portion (fig.1A: (53)), and the inclined portion figs.2B: (54)) are configured to guide the tip of the wire toward the base end portion side of the curl guide part.
Regarding claim 13, Yoshida discloses an inclined portion (figs.2B: (54)) inclined with respect to the bottom surface portion (fig.1A: (53)) in a direction toward the binding portion on the base end portion side of the curl guide part with respect to the bottom surface portion.
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US20220333392A1).
Regarding claim 11, Yoshida does not disclose wherein a radial length of the annular feeding path formed by the curl forming portion is 100 mm or longer.
However, choosing the dimensions of the parts of the chain is known in art and a matter routine design engineering design choice that depends on the general design of the machine and the required dimensions of the to-be-bound object as desired;
Therefore; it would have been obvious to one of ordinary skill in the art at the time of the invention to select the dimensions of parts as desired, including wherein a radial length of the annular feeding path formed by the curl forming portion is 100 mm or longer; in order to obtain a machine with specific dimensions as desired.
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.
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/MOHAMMED S. ALAWADI/Primary Examiner, Art Unit 3725
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