Notice of Pre-AIA or AIA Status
1. 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.
2. Claims 1-15 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 first surface being located farther from the rotation axis than the second support surface and the second surface are in a first direction, the first direction being parallel to a perpendicular line as viewed in the width direction, the perpendicular line being drawn from the rotation axis to the first surface in a state where the feed roller contacts the first surface.” It is unclear how to make the measurements in the first direction, as claimed. More specifically, Fig. 7 of the instant application shows first surface (71) located directly below rotation axis (X41), so that this vertical measurement in the first direction can be made and is understood. However, Fig. 7 shows that second support surface (201) and second surface (72) are both located to the right of rotation axis (X41). As such, the same vertical measurements cannot be performed at these locations away from rotation axis (X41). It seems like some sort of reference (e.g., a plane along second support surface (201) and/or a plane passing through rotation axis (X41) parallel to first surface (71)) are needed to be able to make the vertical distance measurement in the first direction between rotation axis (X41) and second support surface (201) and the vertical distance measurement in the first direction between rotation axis (X41) and second surface (72). As such, further clarification is needed to understand how to make the claimed measurements in the first direction in claim 1. Claims 2-15 depend from claim 1, and therefore have the same indefiniteness issues as outlined above with regard to claim 1.
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.
3. Claims 1-2, 12 and 15, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 6,318,716 (Okuda) (hereinafter “Okuda”).
Regarding claim 1, Figs. 1-4 show a sheet feeder (Fig. 4) comprising:
a supply tray (including 40 and 15) including a sheet support surface (upper surfaces of 40 and 15) configured to support sheets in a stacked state;
a feed roller (16) rotatable about a rotation axis (unnumbered axis of 16) extending in a width direction of the sheet support surface (upper surfaces of 40 and 15), the feed roller (16) being configured to contact a top surface of an uppermost sheet supported by the sheet support surface (upper surfaces of 40 and 15) and to feed the uppermost sheet in a feed direction perpendicular to the width direction; and
a friction member (including 17 and 40a) provided to face the feed roller (16) on the sheet support surface (upper surfaces of 40 and 15), the friction member (including 17 and 40a) being configured to contact a bottom surface of a lowermost sheet supported by the sheet support surface (upper surfaces of 40 and 15) and to apply a frictional force to the lowermost sheet,
the supply tray (including 40 and 15) including:
a first tray (40) forming a first support surface (upper surface of 40), the first support surface (upper surface of 40) being a part of the sheet support surface (upper surfaces of 40 and 15), the first support surface (upper surface of 40) including a downstream end of the sheet support surface (upper surfaces of 40 and 15) in the feed direction; and
a second tray (15) forming a second support surface (upper surface of 15), the second support surface (upper surface of 15) being at least part of a remaining part of the sheet support surface (upper surfaces of 40 and 15), the second support surface (upper surface of 15) being adjacent to the first support surface (upper surface of 40) from upstream in the feed direction,
the friction member (including 17 and 40a) including:
a first surface (upper surface of 17) provided to face the feed roller (16), the first surface (upper surface of 17) being configured to contact the bottom surface of the lowermost sheet, the first surface (upper surface of 17) being configured to contact the feed roller (16) when there is no sheet supported by the sheet support surface (upper surfaces of 40 and 15); and
a second surface (upper surface of 40a) provided upstream of the first surface (upper surface of 17) in the feed direction, the second surface (upper surface of 40a) being configured to contact the bottom surface of the lowermost sheet,
the first surface (upper surface of 17) being located farther from the rotation axis (unnumbered rotation axis of 16) than the second support surface (upper surface of 15) and the second surface (upper surface of 40a) are in a first direction, the first direction being parallel to a perpendicular line as viewed in the width direction, the perpendicular line being drawn from the rotation axis (unnumbered rotation axis of 16) to the first surface (upper surface of 17) in a state where the feed roller (16) contacts the first surface (upper surface of 17).
Regarding claim 2, Figs. 1-4 show that the second surface (upper surface of 40a) is located upstream of an upstream end of the feed roller (16) in the feed direction in a state where the feed roller (16) contacts the first surface (upper surface of 17).
Regarding claim 12, Figs. 1-4 show that the friction member (including 17 and 40a) is a friction sheet.
Regarding claim 15, Figs. 1-4 show that the friction member (including 17 and 40a) includes:
a first friction member (17) including the first surface (upper surface of 17);
a second friction member (40a) provided separately from the first friction member (17) and located upstream of the first friction member (17) in the feed direction, the second friction member (40a) including the second surface (upper surface of 40a).
Allowable Subject Matter
4. Claims 3-11 and 13-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS A MORRISON whose telephone number is (571)272-7221. The examiner can normally be reached M-F 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike 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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/THOMAS A MORRISON/Primary Examiner, Art Unit 3653