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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a retracting member in claim 2 (understood as 53b), a moving member in claim 2 (understood as 53a), an adjusting mechanism in claim 3 (described in paragraph 0085 of the specification).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-9 are rejected under 35 U.S.C. 102(a(1) as being anticipated by Mogi US 2001/0008596 (“Mogi”).
Regarding claim 1, Mogi disclosed a printer comprising:
a transport path that a sheet paper passes therethrough (Figure 1);
a drive roller that is configured to send the sheet paper along the transport path, the drive roller being provided in an upstream region in a sending direction of the sheet paper of the transport path; a downstream roller that is provided downstream in the sending direction of the transport path, the downstream roller being configured to restrain the sheet paper that has passed through the transport path (see Figure 1); and
a pair of guide members (see 17, 18 and paragraph 0060) that are disposed outside of both side edges of the sheet paper passing through the transport path to guide the sheet paper by limiting positions of both side edges of the sheet paper,
wherein each of the pair of guide members comprises a first portion (an upstream end) positioned upstream in the sending direction and a second portion (a downstream end) positioned downstream in the sending direction,
wherein a spacing between the pair of guide members is wider than a width of the paper at sections of the first portions closest to the drive roller, narrows gradually in the sending direction of the paper, becomes equal to the width of the sheet paper at sections of the first portions closest to the second portions, and remains equal to the width of the sheet paper at the second portions (see at least Figure 8),
wherein, when an area between the drive roller and the second portions is halved into a first region upstream in the sending direction and a second region downstream in the sending direction, the sections of the first portions closest to the drive roller are positioned in the first region (see Figures 2 and 3),
wherein the transport path comprises a space extending in a thickness direction of the sheet paper, such that the space accommodates a bent portion of the sheet paper in a mountain-like raised state between a front end portion of the sheet paper, whose direction has been corrected due to a limitation by the second portions, and a rear end portion of the sheet paper, which is restricted by the drive roller (see at least Figures 1 and 2).
Regarding claim 2, Mogi disclosed a retracting member that is configured to retract the drive roller to a position where it does not contact the sheet paper in a state in which a front end of the sheet paper in the sending direction has reached the second portions (see paragraph 0044);
a movable guide member that is provided between the drive roller and the guide members to be movable from a position away from both side edges of the sheet paper to a position in contact with the both side edges thereof; and a moving member that is configured to move the movable guide member in the movable range in a state in which the drive roller is retracted (see Figures 2-9).
Regarding claim 3, Mogi disclosed an adjusting mechanism (including 19) that is configured to limit and adjust a position of a movement of the movable guide member to a side where the movable guide member contacts the both side edges of the sheet paper, within the movable range of the movable guide member.
Regarding claim 4, Mogi disclosed the retracting member and the moving member are integrally formed, such that the retraction of the drive roller to the position not in contact with the sheet paper is interlocked with the movement of the movable guide member to the position in contact with the both side edges, respectively (see Figures 2-6 and paragraph 0044).
Regarding claim 5, Mogi disclosed a position of the movable guide member in contact with the both side edges of the sheet paper is set as a position disposed on extended lines of the second portions (Figure 9).
Regarding claim 6, the printer is configured such that it may print on both surfaces of the sheet paper, wherein the transport path, where the guide members are provided, is a pathway that allows the sheet paper to pass through when printing on a first one of the surfaces of the sheet paper and also when printing on a second one of the surfaces after finishing the printing on the first one of the surfaces of the sheet paper, including if the paper is refed through the device.
Regarding claim 7, Mogi disclosed the transport path, where the guide members are provided, comprises two of: a pathway that allows the sheet paper to pass through when printing on the first surface and when printing on the second surface; and a printing downstream path that allows the sheet paper to pass therethrough after printing on the first surface and after printing on the second surface (see at least Figure 1).
Regarding claim 8, Mogi disclosed the moving member is configured to move the movable guide member to a position that is in contact with the both side edges, respectively, in a state in which a sending of the sheet paper is stopped (paragraph 0067-0068).
Regarding claim 9, Mogi disclosed the moving member is configured to conduct, more than one time (for example during subsequent feeding), an operation to move the movable guide member from a position away from the both side edges to a position in contact with the both side edges, respectively, in a state in which the sending of the sheet paper is stopped.
Conclusion
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.
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 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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