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 § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
3. Claims 8,9 are rejected under 35 U.S.C. 101 because the claims are directed to neither a method nor an apparatus but rather embrace or overlap two statutory classes of invention. Specifically, claim 1 is directed to an apparatus; however, dependent claims 8 and 9 recite method steps. See MPEP 2173.05(p).
Claim Rejections - 35 USC § 112
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 3-5,8,9 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 8 recites the limitations "the first control step" and “the second control step” in lines 3 and 6, respectively, in the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim 9 recites the limitations "the control method" in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Furthermore, claims 8,9 are not distinct as to what the applicant is claiming by including the method steps within the apparatus claim. See MPEP 2173.05(p).
Claims 3,4,5,9 each recite the limitation "the center position". There is insufficient antecedent basis for this limitation in the claims. Furthermore, it is not clear what the center positions, therefore, for the purposes of this Action, the center position will be interpreted to be the intermediate position.
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 1-12, as best understood by the Examiner (see ¶2-5 above), are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asami et al. USP 7,328,892.
Asami discloses, regarding claim 1, A stitching and folding apparatus comprising:
a stitch mechanism (see at least fig.1) configured to bind a sheet bundle at a predetermined binding position in a transport direction, the sheet bundle being transported in the transport direction from an upstream apparatus;
a folding mechanism (19,20) configured to fold, at the predetermined binding position, the sheet bundle bound at the predetermined binding position by the stitch mechanism; and
a control unit configured to control the stitching and folding apparatus,
wherein the stitch mechanism includes
a transport unit (14) formed extending in the transport direction, arranged in a predetermined region defined in a width direction orthogonal to the transport direction, and configured to transport, in the transport direction, the sheet bundle transported from upstream in the transport direction (see at least fig.5-8),
a stitcher (5a) configured to bind the sheet bundle at the predetermined binding position in the transport direction,
a pair of guide members (12) arranged apart from each other with a distance in the width direction interposing the transport unit and configured to restrict a position in the width direction of the sheet bundle arranged on the transport unit, and
a guide motion unit (12b,12m) configured to move the pair of guide members in the width direction with respect to the transport unit and the stitcher (see at least fig.4-7),
wherein the transport unit is arranged in a region defined in the width direction, the sheet bundle transported from the upstream apparatus being arranged in the region (see at least fig.4-7), and
wherein the control unit is configured to
control the guide motion unit so that the stitcher is arranged at an intermediate position in the width direction between the pair of guide members (see centermost positions of stitcher 5 in at least fig.5), and
control the stitcher to bind the sheet bundle at the predetermined binding position with the stitcher being arranged at the intermediate position and being arranged at a different position from the predetermined region in which the transport unit is arranged (the stitcher binds outside a region of the transport unit, as shown in at least fig.5-7, C17/L4-10).
Regarding claim 2, wherein the control unit is configured to
control the guide motion unit so that the stitcher is arranged at the intermediate position with the sheet bundle being arranged between the pair of guide members (see at least fig. 5-7), and
control the stitcher to bind the sheet bundle at the predetermined binding position with the stitcher being arranged at the intermediate position (see at least fig.5-7, C17/L4-10).
Regarding claim 3, further comprising a motion mechanism (fig.16) configured to move the stitch mechanism in the width direction,
wherein the control unit is configured to control the motion mechanism so that the center position in the width direction of the sheet bundle transported from the upstream apparatus is arranged in the predetermined region (see at least fig.5-7).
Regarding claim 4, further comprising a motion mechanism (fig.16) configured to move the stitch mechanism in the width direction,
wherein the control unit is configured to
control the motion mechanism so that the stitcher is arranged at the center position in the width direction of the sheet bundle transported from the upstream apparatus, and
control the stitcher to bind the sheet bundle at the predetermined binding position with the stitcher being arranged at the intermediate position (see at least fig.5-7, C17/L4-10).
Regarding claim 5, wherein the control unit is configured to
control the guide motion unit so that the center position in the width direction of the sheet bundle bound at the predetermined binding position by the stitcher is included in the predetermined region (see at least fig.5-7, C17/L4-10), and
control the transport unit to transport the sheet bundle to the folding mechanism, the center position of the sheet bundle being arranged to be included in the predetermined region (see at least fig.10).
Regarding claim 6, wherein the stitch mechanism has a stitcher motion unit (fig.16) configured to move the stitcher in the width direction with respect to the transport unit, and
wherein the control unit is configured to control the stitcher motion unit so that the stitcher is arranged at a different position from the predetermined region in which the transport unit is arranged (see at least fig.5-7, C17/L4-10).
Regarding claim 8, wherein
the first control step is configured to control the guide motion unit (12b,12m) so that the stitcher is arranged at the intermediate position with the sheet bundle being arranged between the pair of guide members (12) (see at least fig.5-7), and
the second control step is configured to control the stitcher to bind the sheet bundle at the predetermined binding position with the stitcher being arranged at the intermediate position (see at least fig.5-7, C17/L4-10).
Regarding claim 9, the stitching and folding apparatus further comprising a motion mechanism (fig.16) configured to move the stitch mechanism in the width direction,
wherein the control method further comprising:
a third control step of controlling the motion mechanism so that the center position in the width direction of the sheet bundle transported from the upstream apparatus is arranged in the predetermined region (see at least fig.5-7, C17/L4-10).
Regarding claim 7, A control method of a stitching and folding apparatus, wherein the stitching and folding apparatus has
a stitch mechanism (see at least fig.1) configured to bind a sheet bundle at a predetermined binding position in a transport direction, the sheet bundle being transported in the transport direction from an upstream apparatus;
a folding mechanism (19,20) configured to fold, at the predetermined binding position, the sheet bundle bound at the predetermined binding position by the stitch mechanism; and
a control unit configured to control the stitching and folding apparatus,
wherein the stitch mechanism includes
a transport unit (14) formed extending in the transport direction, arranged in a predetermined region defined in a width direction orthogonal to the transport direction, and configured to transport, in the transport direction, the sheet bundle transported from upstream in the transport direction (see at least fig.5-8),
a stitcher (5a) configured to bind the sheet bundle at the predetermined binding position in the transport direction,
a pair of guide members (12) arranged apart from each other with a distance in the width direction interposing the transport unit and configured to restrict a position in the width direction of the sheet bundle arranged on the transport unit, and
a guide motion unit (12b,12m) configured to move the pair of guide members in the width direction with respect to the transport unit and the stitcher (see at least fig.4-7),
wherein the transport unit is arranged in a region defined in the width direction, the sheet bundle transported from the upstream apparatus being arranged in the region (see at least fig.4-7),
the control method comprising:
a first control step of controlling the guide motion unit so that the stitcher is arranged at an intermediate position in the width direction between the pair of guide members (see centermost positions of stitcher 5 in at least fig.5); and
a second control step of controlling the stitcher to bind the sheet bundle at the predetermined binding position with the stitcher being arranged at the intermediate position and being arranged at a different position from the predetermined region in which the transport unit is arranged (the stitcher binds outside a region of the transport unit, as shown in at least fig.5-7, C17/L4-10).
Regarding claim 10, the stitching and folding apparatus further comprising a motion mechanism (fig.16) configured to move the stitch mechanism in the width direction,
wherein the control method further comprising:
a fourth control step of controlling the motion mechanism so that the stitcher is arranged at the center position in the width direction of the sheet bundle transported from the upstream apparatus, and
wherein the second control step is configured to control the stitcher to bind the sheet bundle at the predetermined binding position with the stitcher being arranged at the intermediate position (see at least fig.5-7, C17/L4-10).
Regarding claim 11, wherein the control method further comprising:
a fifth control step of controlling the guide motion unit so that the center position in the width direction of the sheet bundle bound at the predetermined binding position by the stitcher is included in the predetermined region (see at least fig.5-7, C17/L4-10), and
a sixth control step of controlling the transport unit to transport the sheet bundle to the folding mechanism, the center position of the sheet bundle being arranged to be included in the predetermined region (see at least fig.10).
Regarding claim 12, wherein the stitch mechanism has a stitcher motion unit (fig.16) configured to move the stitcher in the width direction with respect to the transport unit,
wherein the control method further comprising:
a seventh control step of controlling the stitcher motion unit so that the stitcher is arranged at a different position from the predetermined region in which the transport unit is arranged (see at least fig.5-7, C17/L4-10).
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Matsushita (USP 7,427,259) discloses a stitching and folding apparatus (fig.1), wherein the stitcher (S2) is disposed at a position different from the position at which the transport unit (52) is arranged (fig.5).
10. 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 7/14/2026
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