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 Arguments
Applicant argues the application is in condition for allowance.
In response, the Applicant is herein referred to the new rejection of the non-final office action.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2,5-8,10-11,14-17 are rejected under 35 U.S.C. 103 as being unpatentable over
Larsson et al. (US 2016/0088982) in view of Larsson et al. (US 2017/0231438) in view of Larsson et al. (US 2016/0302627).
Claim 1, Larsson discloses a dispenser for Z-folded sheets of hair treatment foil, comprising: one
or more vertical walls defining an interior volume (4,16) of an open-top container (4 has an open top
and vertically receives the stack placed inside 16; fig.2) for vertically receiving a stack of Z- folded sheets
of hair treatment foil having a pre-determined size and having a pre-determined weight; a horizontal
lifting platform (60) disposed within the one or more vertical walls configured to receive the stack of
pre- determined size (fig.4); a dispensing guide (10) horizontally disposed across a top of the one or
more vertical walls, having a dispensing slot (12) formed therein; one or more user-disengageable
retainer devices (22; para.0052-0061; 22 is released, i.e. disengaged with engagement of the push
button 40; see para.0061) attaching the dispensing guide to the top of the one or more vertical walls;
and one or more lifting devices (73) engaging the horizontal lifting platform and having a lifting force
(see figures).
Larsson does not disclose one or more lifting devices engaging the horizontal lifting platform
and having a lifting force equal to or less than the pre-determined weight of the stack of Z-folded sheets
of hair treatment foil, thereby, when loaded with a stack of Z-folded sheets a topmost sheet in the stack
is positioned just below, but not compressed against, a bottom surface of the dispensing guide, and,
responsive to removal of one or more topmost sheets, incrementally raising the lifting platform thereby
maintaining the topmost sheet positioned just below, but not compressed against, the bottom surface
of the dispensing guide, and thereby allowing the one or more lifting devices to be in their
decompressed state when the horizontal lifting platform is being reloaded with the stack of Z-folded
sheets of hair treatment foil.
Larsson discloses one or more lifting devices (14) engaging the horizontal lifting platform (8) and
having a lifting force equal to or less than the pre-determined weight of the stack of Z-folded sheets of
hair treatment foil, thereby, when loaded with a stack of Z-folded sheets a topmost sheet in the stack is
positioned just below, but not compressed against, a bottom surface (horizontal bottom surface
extending from vertical top surface of 12;fig.1; fig.5) of the dispensing guide (12), and, responsive to
removal of one or more topmost sheets, incrementally raising the lifting platform (8) thereby
maintaining the topmost sheet positioned just below, but not compressed against, the bottom surface
(horizontal bottom surface extending from vertical top surface of 12;fig.1; fig.5) of the dispensing guide
(12), and thereby allowing the one or more lifting devices (8) to be in their decompressed state when
the horizontal lifting platform is being reloaded with the stack of Z-folded sheets of hair treatment foil.
Therefore, it would have been obvious to one of ordinary skill in the art to provide the dispenser of
Larsson with one or more lifting devices engaging the horizontal lifting platform and having a lifting
force equal to or less than the pre-determined weight of the stack of Z-folded sheets of hair treatment
foil, thereby, when loaded with a stack of Z-folded sheets a topmost sheet in the stack is positioned just
below, but not compressed against, a bottom surface of the dispensing guide, and, responsive to
removal of one or more topmost sheets, incrementally raising the lifting platform thereby maintaining
the topmost sheet positioned just below, but not compressed against, the bottom surface of the
dispensing guide, and thereby allowing the one or more lifting devices to be in their decompressed state
when the horizontal lifting platform is being reloaded with the stack of Z-folded sheets of hair treatment
foil simply because it merely presents another spring, platform, and stack of sheets configuration for
dispensing a stack of sheets from a dispensing container that is very well-known in the art; thus, does
not impart any novelty whatsoever on the claim limitation.
Larsson does not disclose wherein the one or more retainer devices comprises one or more magnets.
Larsson discloses wherein the bottom wall (5) is attached to the dispenser (2) by means of a magnetic lock (27). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Larsson with wherein the one or more retainer devices comprises one or more magnets because the use of magnetism for holding dispenser device pieces together is very well-known in the art and merely provides another attachment means for the components of the dispenser. The use of magnets for the retainer device does not impart any novelty on the claim limitation.
Claim 2, Larsson discloses wherein the one or more vertical walls comprise a rectagonal set of
walls (see figures).
Claim 5, Larsson discloses wherein the one or more retainer devices (22) are selected from the
group consisting of a hinge, a latch (via push button 40,52), a snap, a weight, and a hook-and-loop
fastener.
Claim 6, Larsson discloses wherein the one or more lifting devices comprise one or more
compressible springs.
Claim 7, Larsson discloses wherein the one or more lifting devices (73) comprise one or more
compressible resilient materials (73).
Claim 8, Larsson discloses wherein the one or more lifting devices (73) comprise one or more
stretchable resilient materials (73).
Claim 10, Larsson discloses a method of manufacture of a dispenser for Z-folded sheets of hair
treatment foil, comprising: forming one or more vertical walls (figs.1-2) to define an interior volume
(4,16) of an open-top container (4 has an open top and vertically receives the stack placed inside 16;
fig.2) for vertically receiving a stack of Z-folded sheets of hair treatment foil having a pre-determined
size and having a pre-determined weight; disposing a horizontal lifting platform (60) disposed within the
one or more vertical walls configured to receive the stack of pre-determined size; providing a dispensing
guide (10) horizontally disposed across a top of the one or more vertical walls, having a dispensing slot
(12) formed therein; one or more user-disengageable retainer devices (22; para.0052-0061; 22 is
released, i.e. disengaged with engagement of the push button 40; see para.0061) attaching the
dispensing guide to the top of the one or more vertical walls; and disposing one or more lifting devices
(73) to engage the horizontal lifting platform wherein the one or more lifting devices have a lifting
force (figures).
Larsson does not disclose wherein the one or more lifting devices have a lifting force equal to or
less than the pre-determined weight of the stack of Z-folded sheets of hair treatment foil, thereby, when
loaded with a stack of Z-folded sheets, positioning a topmost sheet just below, but not compressed
against, a bottom surface of the dispensing guide, and, responsive to removal of one or more topmost
sheets, incrementally raising the lifting platform and maintaining the topmost sheet positioned just
below, but not compressed against, the bottom surface of the dispensing guide, and where the one or
more lifting devices are released into their decompressed state when the horizontal lifting platform is
being reloaded with the stack of Z- folded sheets of hair treatment foil.
Larsson discloses wherein the one or more lifting devices (14) have a lifting force equal to or less
than the pre-determined weight of the stack of Z-folded sheets of hair treatment foil, thereby, when
loaded with a stack of Z-folded sheets, positioning a topmost sheet just below, but not compressed
against, a bottom surface (horizontal bottom surface extending from vertical top surface of 12;fig.1;
fig.5) of the dispensing guide (12), and, responsive to removal of one or more topmost sheets,
incrementally raising the lifting platform (8) and maintaining the topmost sheet positioned just below,
but not compressed against, the bottom surface of the dispensing guide (12), and where the one or
more lifting devices (14) are released into their decompressed state when the horizontal lifting platform
(8) is being reloaded with the stack of Z- folded sheets of hair treatment foil. Therefore, it would have
been obvious to one of ordinary skill in the art to provide the dispenser of Larsson with wherein the one
or more lifting devices have a lifting force equal to or less than the pre-determined weight of the stack
of Z-folded sheets of hair treatment foil, thereby, when loaded with a stack of Z-folded sheets,
positioning a topmost sheet just below, but not compressed against, a bottom surface of the dispensing
guide, and, responsive to removal of one or more topmost sheets, incrementally raising the lifting
platform and maintaining the topmost sheet positioned just below, but not compressed against, the
bottom surface of the dispensing guide, and where the one or more lifting devices are released into
their decompressed state when the horizontal lifting platform is being reloaded with the stack of Z-
folded sheets of hair treatment foil simply because it merely presents another spring, platform, and
stack of sheets configuration for dispensing a stack of sheets from a dispensing container that is very
well-known in the art; thus, does not impart any novelty whatsoever on the claim limitation.
Claim 11, Larsson discloses wherein the one or more vertical walls comprise a rectagonal set of
walls (see figures).
Claim 14, Larsson discloses wherein the one or more retainer devices (22) are selected from the
group consisting of a hinge, a latch (via push button 40,52), a snap, a weight, and a hook-and-loop
fastener.
Claim 15, Larsson discloses wherein the one or more lifting devices (73) comprise one or more
compressible springs (73).
Claim 16, Larsson discloses wherein the one or more lifting devices (73) comprise one or more
compressible resilient materials (73).
Claim 17, Larsson discloses wherein the one or more lifting devices (73) comprise one or more
stretchable resilient materials (73).
Claims 9,18 are rejected under 35 U.S.C. 103 as being unpatentable over Larsson et al. (US
2016/0088982) in view of Larsson et al. (US 2017/0231438) in view of Larsson et al. (US 2016/0302627) in view of Yuyama et al. (US 2007/0158357).
Claims 9,18, Larsson does not disclose wherein the one or more lifting devices comprise one or
more motors.
Yuyama discloses wherein the one or more lifting devices (614) comprise one or more motors
(512; para.0204). Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of applicant's invention to provide the device of Larsson with wherein the one or
more lifting devices comprise one or more motors merely to provide another lifting mechanism for the
platform, which is very well-known in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYODEJI T OJOFEITIMI whose telephone number is (571)272-6557. The examiner can normally be reached 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, GENE CRAWFORD can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AYODEJI T OJOFEITIMI/ Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651