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 .
Response to Amendment
Receipt is acknowledged of applicant’s amendment filed on March 20, 2026. Claims 1-4 have been amended. Claims 1-4 are pending and an action on the merits is as follows.
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 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, 2, 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Endo (US 11607896).
RE 1, Endo discloses an image forming apparatus (100) comprising: an image former configured to: form an image on a front surface of a sheet (B); and eject the sheet, on which the image is formed on the front surface, from an ejection port (22) in a first direction (Y direction, Col 3 ln 1-25); and a cutting device (20) including: a first support (3/4) configured to support a portion of the sheet hanging down from the ejection port of the image former in a vertical direction (Z direction, Fig 10) intersecting the first direction (Y), the first support supporting a reverse surface (A, Fig 1) opposite to the front surface of the sheet (col 3 ln 26-67); a cutter (1, Fig 16) configured to cut the sheet supported by the first support (3/4); and a cutter mover (7) configured to move the cutter in a second direction (X direction, Fig 4), intersecting the first direction (Y) and the vertical direction (Z), along the portion supported by the first support (3/4) to cut the sheet in the second direction (X, Fig 16); and a mover (Fig 7) configured to change a cutting position of the cutter in the first direction (YZ plane), the cutting position of the cutter being a first position (cutting position Fig 10, 13) of the cutter in the vertical direction (Z), and, in the first position, the cutter being configured to cut the sheet ( col 4 ln 20-22, col 7 ln 41-62).
Re 2, wherein the mover (Fig 7) includes: a second support (pulley 15) configured to rotate about a shaft (14d) to guide the cutter to move in the vertical direction (Z) along the second support; a first fix member (11) to fix an inclination (arc shape YZ Plane) of the second support relative to the vertical direction to fix a second position (home position Fig 8, 12) of the cutter in the first direction (arc shape YZ Plane) (col 5 ln 17-67).
Re 4, wherein the cutter mover includes a spring that is configured to move the cutter in the second direction (X) (col 4 ln 10-15).
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: none of the cited prior art disclose, teach, suggest at least an elevator configured to change the position of the cutter in the vertical direction to change a distance between the ejection port and the cutter in the vertical direction.
Response to Arguments
Applicant's arguments filed March 20, 2026 have been fully considered but they are not persuasive. Applicant argues that the mover of Endo is not configured to change the “cutting position” of the cutter in the horizontal direction. The office respectfully disagrees. The pulley (15) disclosed in Endo changes the cutter (1) along the arc in the YZ plane so the cutter is moved both vertically and horizontally between Fig 8 and 10, the cutting position being and first position cutting the sheet Fig 10, 13, and the cutting position being a second position Fig 8, 12. The claim requires the cutting position to change vertically and horizontally, requires the first position be where the sheet is configured to be cut, and requires a second position of the cutter. Features not claimed is a second position is where the sheet is cut as well.
Conclusion
Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christle I. Marshall whose telephone number is (571) 270-3086. The examiner can normally be reached on Monday – Friday 7:30AM - 4:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached on (571) 272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Christle I Marshall/
Primary Examiner, Art Unit 2876