DETAILED ACTION
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 protruding member” in claim 1. This corresponds to ‘13’ in Applicant’s disclosure.
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okada et al. (JP 2021-020809).
Regarding Claim 1, Okada et al. discloses
a pair of discharging rollers (31, 33) discharging a sheet through a discharge port (9);
a stacking tray (11) disposed downstream of the pair of discharging rollers with respect to a discharging direction (i.e. right to left in Fig. 3) of the sheet, the stacking tray having stacked thereon the sheet discharged by the pair of discharging rollers;
a protruding member (13) supported so as to be reciprocatable between a protrusion position (P2, Fig. 5) where the protruding member protrudes from the discharge port to above the stacking tray and where the protruding member brings, into contact with a top surface thereof, a leading edge of the sheet discharged by the pair of discharging rollers to guide the sheet in the discharging direction, and a retraction position (P1, Fig. 3) where the protruding member is retracted from above the stacking tray; and
a moving mechanism (51, 70) having a supporting holder (51) movably holding the protruding member, the moving mechanism making the protruding member move between the protrusion position and the retraction position,
wherein
the sheet discharging device further comprises a sensing portion (53) sensing whether the protruding member is in the retraction position, and
the sensing portion is disposed in the supporting holder (see Fig. 3).
Regarding Claim 2, Okada et al. discloses
the sensing portion is an optical sensor (i.e. “a photo interrupter”) including a light emitting portion and a light receiving portion disposed opposite each other and senses, when the protruding member enters or retracts from an optical path of the optical sensor (i.e. “the movable guide 13 is detected by blocking the optical path”), whether the protruding member is in the retraction position.
Regarding Claim 3, Okada et al. discloses
the optical sensor is disposed at a downstream end part of the protruding member in a retraction direction (i.e. at the right end, in the left to right direction, Fig. 3) thereof, and
the sensing portion senses, when the protruding member enters the optical path of the optical sensor, presence of the protruding member in the retraction position (i.e. “the movable guide 13 is detected by blocking the optical path”).
Regarding Claim 4, Okada et al. discloses
a post-processing mechanism (21) performing predetermined post-processing (i.e. stapling) on the sheet and conveying the post-processed sheet to the sheet discharging device.
Regarding Claim 5, Okada et al. discloses
an image forming apparatus forming an image on the sheet and conveying the sheet having the image formed thereon to the sheet post-processing apparatus (i.e. “An image forming device for forming an image of a sheet and a post-processing device for performing post-processing such as stapling and drilling on a sheet on which an image is formed”).
Conclusion
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 PRASAD GOKHALE whose telephone number is (571)270-3543. The examiner can normally be reached Monday-Friday, 9am - 5:30pm.
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/PRASAD V GOKHALE/Primary Examiner, Art Unit 3653 March 3, 2026
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