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 Rejections - 35 USC § 112
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.
Claims 1-5 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 1 recites the limitation “wherein the sheet stacking portion is configured to be rotatable from the second position to the first position and not to be rotatable from the first position to the second position”. The underlined limitation is indefinite because it’s unclear how to interpret this claim limitation. As best understood, Applicant’s drawings show support for a sheet stacking portion (3) that is locked from movement by claw portion (8, refer to published application [0094]-[0097]) when rotating from the first position-FIG. 6A to the second position-Applicant intends to claim a packaged state, which is a non-use state in FIG. 8A). First, it appears that the sheet stacking portion is capable of rotation from a first position (shown in FIG. 6A) to a second position (FIG. 10a, never quite reaching Applicant’s intended second position because of the claw portion 8). Second, Applicant’s sheet stacking portion (3) appears capable of fully rotating back to the second position from the first by external manipulation of the claw portion by a user (to place the device in a non-use, packaged state). Correction is required.
Note: For examination purposes, the examiner will treat the claims to require a sheet stacking portion that is rotatable from the second position to the first position (during use) and not rotatable from the first position to the second position (in use).
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 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hisayoshi JP 2009-057175 A (hereinafter “Hisayoshi”).
Regarding claims 1 and 5 (image forming apparatus-FIG. 1), Hisayoshi, with reference to FIGS. 4-9 and/or FIGS. 17-19, discloses a sheet feeding apparatus for feeding a sheet, comprising:
a sheet tray (20) provided on a side wall portion of an apparatus main body of the sheet feeding apparatus, the sheet tray being configured to stack the sheet; and
an extended sheet tray (72 and 73) attached to an upstream side of the sheet tray in a feeding direction the sheet, the extended sheet tray being configured to stack the sheet,
wherein the extended sheet tray is provided with a sheet tray attaching portion (72) detachably attached to the sheet tray, and a sheet stacking portion (73) rotatably attached to the sheet tray attaching portion, the sheet stacking portion being configured to stack the sheet,
wherein with the extended sheet tray is attached to the sheet tray, the sheet stacking portion is configured to be switchable between a first position (FIG. 6) in which the sheet stacking portion can stack the sheet and a second position (FIG. 8) that is closer to the apparatus main body than the first position, and
wherein the sheet stacking portion is configured to be rotatable from the second position to the first position and not to be rotatable (during use, by use of 98a and 98b in FIG. 18) from the first position to the second position .
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 LUIS A GONZALEZ whose telephone number is (571)270-3094. The examiner can normally be reached 9am-5:30pm.
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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/LUIS A GONZALEZ/Primary Examiner, Art Unit 3653
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