DETAILED ACTION
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 3,, 18, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clinton C. Bell (US 2004/0004101 A1 – hereinafter Bell) in view of Jeffrey Coleman (US 2021/0085539 A1 – hereinafter Coleman), Chiba et al. (US 6,123,401 – hereinafter Chiba).
Re Claims 1, 3, and 18:
Bell discloses a body portion (15); (II) a moveable portion (13) pivotally engaged to the body portion (15); (III) a cutter (25) extending from the moveable portion (13) (see Fig. 6), wherein the cutter (25) is configured to cut a (strip) extending through an opening (near 50) between the body portion (15) and the moveable portion (13) (see Fig. 7); and (IV) a nub (27, 28) extending from the moveable portion (13) and positioned adjacent to the cutter (25) (see Fig. 6), wherein the nub (27, 28) is configured to compress a portion of the (strip) in a nub recess (at 42, at 43) and substantially enclose a remaining uncut portion of the (strip) within a cavity of the dispenser to maintain sterility of the remaining uncut portion of the (strip) (see Fig. 7); wherein the cutter (25) is received by a cutter recess (at 41) located in the body portion (15) during cutting of the (strip) (see Figs. 2, 6, and 7), and the cutter recess (at 41) is complimentary in shape to the cutter (25); wherein the nub (27, 28) includes a contact portion (tip) of the nub (27, 28); wherein the contact portion (tip) contacts a step (46, 47 (“own structure relative to the surface(s) defining the nub recess” – it would appear step could also be 36, 37 which would be in a recess between 38 and 39) located within the nub recess (at 42, at 43) to compress the (strip) between the contact portion (tip) and the step (46, 47) and seal the remaining uncut portion of the (strip) within the cavity of the (strip) dispenser before cutting of the (strip) is completed (see paragraphs [0025, 0026], see Figs. 6 and 7); wherein the cutter (25) includes a tapered edge (30) so that only a portion of the cutter (25) initially contacts the (strip); wherein the tapered edge (30) of the cutter (25) extends along a width of the (strip) (see Fig. 5); wherein the moveable portion (13) is connected to the body portion (15) at a pivot (see paragraph [0022]) (see Figs. 1-8), but fails to teach the cutter recess is complimentary in shape to the cutter in a nesting relation; wherein the nub includes a plurality of tapers converging towards a contact portion of the nub; wherein the moveable portion includes an ear having a projection extending orthogonally to an interior surface of the ear, and the ear is received by a portion of the body portion to connect the body portion to the moveable portion; wherein the ear is received by a channel of a barrel located on the body portion; and wherein the channel of the barrel includes a depressed surface along a terminal end that guides the projection of the ear into the channel.
Coleman teaches a bandage dispenser comprising: a cutter recess (32B) is complimentary in shape to a cutter (28) in a nesting relation (see paragraphs [0018, 0021, and 0039], see Figs. 1-5), and wherein a nub (30) includes a plurality of tapers (left side, right side) converging towards a contact portion (tip) of the nub (30). Re Claim 3: Coleman discloses wherein the nub (30) is complimentary in shape to a nub recess (32A) in a nesting relation (see Figs. 1-5). Re Claim 18: Coleman teaches wherein the nub (30) is located in a moveable portion (20) adjacent to a cutter (28) and interior to the cutter (28) closer to the a bandage roll (12) therein (see Figs. 1-5). Re Claim 20: Coleman discloses wherein the bandage comprises: (a) a waterproof support layer of flexible webbed material (see paragraph [0029]), the support layer including a self- adhesive disposed on a top surface (see paragraph [0030]), the self-adhesive covering about 100% of the top surface (see paragraph [0030]); (b) an absorbent layer of flexible padded material adhered to the support layer along a longitudinal axis by the self-adhesive (see claim 1), the absorbent layer being moisture wicking and moisture resistant (see paragraph [0031]) and having a width less than a width of the support layer so that a portion of the self- adhesive is exposed on each longitudinal side of the absorbent layer (see paragraph [0033]); and (c) a release layer adhered to the top surface of the support layer and removed prior to applying the bandage to a desired area (see paragraph [0034]), wherein the release layer includes one or more coatings to decrease adherence between the release layer and the support layer, the absorbent layer, or both (see paragraph [0034]); wherein the width of the absorbent layer is approximately 40% to 90% the width of the support layer (see paragraph [0033]); and wherein the support layer has a thickness of less than 5 mm (see paragraph [0029]), the absorbent layer includes one or more antimicrobial reagents, antifungal reagents, or both (see paragraph [0032]) dispersed on a surface layer of the absorbent layer, and the absorbent layer is nonabrasive and includes a polymer coating on a surface to prevent the absorbent layer from sticking to the desired area (see paragraph [0031]). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bell with that of Coleman, so that the strip can be closed from a remaining cut portion for dispensing purposes, while also allowing for a fit interaction between parts as seen in Coleman’s drawings. Further, to provide an alternative rolled band product to be dispensed, as preferred by a user, as known within the art.
Chiba teaches wherein a moveable portion (4) includes an ear (5) having an (opening) (6) extending orthogonally to an interior surface of the ear (5), and the ear (5) is received by a portion of a body portion (1) to connect the body portion (1) to the moveable portion (4); wherein a (body portion barrel (near3)) is received by a channel (7) of (the ear) located on the (ear); and wherein the channel (7) of the (ear) includes a depressed surface along a terminal end that guides a projection (2) of the (body portion barrel) into the channel (7). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bell and Coleman with the cited of Chiba, so as to enable a cover to be mounted to a base with ease as well as free from damage. Examiner notes that the combination would be capable of providing wherein a moveable portion includes an ear having a projection extending orthogonally to an interior surface of the ear, and the ear is received by a portion of the body portion to connect the body portion to the moveable portion; wherein the ear is received by a channel of a barrel located on the body portion; and wherein the channel of the barrel includes a depressed surface along a terminal end that guides the projection of the ear into the channel, since such would amount to a rearrangement/reversal of parts, having the projection of Chiba located on the ear of Chiba, and the opening of Chiba located on the barrel of Chiba; an obvious engineering skill of one of ordinary skill in the art where the rearrangement/reversal would not have modified the operation of connecting the device. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Re Claim 3:
Bell discloses wherein the nub (27, 28) is complimentary in shape to the nub recess (at 42, at 43) in a nesting relation (see Fig. 7).
Re Claim 18:
Bell discloses wherein the nub (27, 28) is located in the moveable portion (13) adjacent to the cutter (25) and interior to the cutter (25) closer to the (strip) therein (see Figs. 1-8).
Re Claim 21:
Bell discloses (I) a body portion (15); (II) a moveable portion (13) pivotally engaged to the body portion (15); (III) a cutter (25) extending from the moveable portion (13), wherein the cutter (25) is configured to cut a (strip) extending through an opening between the body portion (15) and the moveable portion (13) (see Fig. 7); and (IV) a nub (27, 28) extending from the moveable portion (13) and positioned adjacent to the cutter (25), wherein the nub (27, 28) is configured to compress a portion of the (strip) in a nub recess (at 42, at 43) and substantially enclose a remaining uncut portion of the (strip) within a cavity of the dispenser to maintain sterility of the remaining uncut portion of the (strip) (see Figs. 6 and 7); wherein the cutter (25) is received by a cutter recess (at 41) located in the body portion (15) during cutting of the (strip), and the cutter recess (at 41) is complimentary in shape to the cutter (25); wherein the nub (27, 28) includes a contact portion (tip) of the nub (27, 28); wherein the contact portion (27, 28) contacts a step (46, 47 – it would appear step could also be 36, 37 which would be in a recess between 38 and 39) located within the nub recess (at 42, at 43) to compress the (strip) between the contact portion (tip) and the step (46, 47) and seal the remaining uncut portion of the (strip) within the cavity of the dispenser before cutting of the (strip) is completed (see paragraphs [0025, 0026], see Figs. 6 and 7); wherein the cutter (25) includes a tapered edge (30) so that only a portion of the cutter (25) initially contacts the (strip); wherein the moveable portion (13) is connected to the body portion (15) at a pivot (see paragraph [0022]) (see Figs. 1-8); but fails to teach a bandage dispenser comprising: and the cutter recess (at 41) is complimentary in shape to the cutter in a nesting relation; wherein the nub includes a plurality of tapers converging towards a contact portion of the nub; wherein the moveable portion includes an ear having a projection extending orthogonally to an interior surface of the ear, and the ear is received by a portion of the body portion to connect the body portion to the moveable portion; wherein the ear is received by a channel of a barrel located on the body portion; and wherein the channel of the barrel includes a depressed surface along a terminal end that guides the projection of the ear into the channel.
Coleman teaches a bandage dispenser comprising: a cutter recess (32B) is complimentary in shape to a cutter (28) in a nesting relation (see paragraphs [0018, 0021, and 0039], see Figs. 1-5), and wherein a nub (30) includes a plurality of tapers (left side, right side) converging towards a contact portion (tip) of the nub (30). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bell with that of Coleman, so that the strip can be closed from a remaining cut portion for dispensing purposes, while also allowing for a fit interaction between parts as seen in Coleman’s drawings. Further, to provide an alternative rolled band product to be dispensed, as preferred by a user, as known within the art.
Chiba teaches wherein a moveable portion (4) includes an ear (5) having an (opening) (6) extending orthogonally to an interior surface of the ear (5), and the ear (5) is received by a portion of a body portion (1) to connect the body portion (1) to the moveable portion (4); wherein a (body portion barrel (near3)) is received by a channel (7) of (the ear) located on the (ear); and wherein the channel (7) of the (ear) includes a depressed surface along a terminal end that guides a projection (2) of the (body portion barrel) into the channel (7). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bell and Coleman with the cited of Chiba, so as to enable a cover to be mounted to a base with ease as well as free from damage. Examiner notes that the combination would be capable of providing wherein a moveable portion includes an ear having a projection extending orthogonally to an interior surface of the ear, and the ear is received by a portion of the body portion to connect the body portion to the moveable portion; wherein the ear is received by a channel of a barrel located on the body portion; and wherein the channel of the barrel includes a depressed surface along a terminal end that guides the projection of the ear into the channel, since such would amount to a rearrangement/reversal of parts, having the projection of Chiba located on the ear of Chiba, and the opening of Chiba located on the barrel of Chiba; an obvious engineering skill of one of ordinary skill in the art where the rearrangement/reversal would not have modified the operation of connecting the device. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Re Claim 22:
Bell discloses a body portion (15); (II) a moveable portion (13) pivotally engaged to the body portion (15); (III) a cutter (25) extending from the moveable portion (13) (see Fig. 6), wherein the cutter (25) is configured to cut a (strip) extending through an opening (near 50) between the body portion (15) and the moveable portion (13) (see Fig. 7); and (IV) a nub (27, 28) extending from the moveable portion (13) and positioned adjacent to the cutter (25) (see Fig. 6), wherein the nub (27, 28) is configured to compress a portion of the (strip) in a nub recess (at 42, at 43) and substantially enclose a remaining uncut portion of the (strip) within a cavity of the dispenser to maintain sterility of the remaining uncut portion of the (strip) (see Fig. 7); wherein a contact portion (tip) of the nub (27, 28) contacts a step (46, 47 – it would appear step could also be 36, 37 which would be in a recess between 38 and 39) located within the nub recess (at 42, at 43) to compress the (strip) between the contact portion (tip) and the step (46, 47) and seal the remaining uncut portion of the (strip) within the cavity of the (strip) dispenser before cutting of the (strip) is completed (see paragraphs [0025, 0026], see Figs. 6 and 7); wherein a tapered edge (30) of the cutter (25) extends along a width of the (strip) (see Fig. 5) (see paragraph [0022]) (see Figs. 1-8), but fails to teach wherein the moveable portion includes an ear having a projection extending orthogonally to an interior surface of the ear, and the ear is received by a portion of the body portion to connect the body portion to the moveable portion; wherein the ear is received by a channel of a barrel located on the body portion; and wherein the channel of the barrel includes a depressed surface along a terminal end that guides the projection of the ear into the channel.
Coleman teaches a bandage dispenser (see Figs. 1-5). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bell with that of Coleman, to provide an alternative rolled band product to be dispensed, as preferred by a user, as known within the art.
Chiba teaches wherein a moveable portion (4) includes an ear (5) having an (opening) (6) extending orthogonally to an interior surface of the ear (5), and the ear (5) is received by a portion of a body portion (1) to connect the body portion (1) to the moveable portion (4); wherein a (body portion barrel (near3)) is received by a channel (7) of (the ear) located on the (ear); and wherein the channel (7) of the (ear) includes a depressed surface along a terminal end that guides a projection (2) of the (body portion barrel) into the channel (7). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bell and Coleman with the cited of Chiba, so as to enable a cover to be mounted to a base with ease as well as free from damage. Examiner notes that the combination would be capable of providing wherein a moveable portion includes an ear having a projection extending orthogonally to an interior surface of the ear, and the ear is received by a portion of the body portion to connect the body portion to the moveable portion; wherein the ear is received by a channel of a barrel located on the body portion; and wherein the channel of the barrel includes a depressed surface along a terminal end that guides the projection of the ear into the channel, since such would amount to a rearrangement/reversal of parts, having the projection of Chiba located on the ear of Chiba, and the opening of Chiba located on the barrel of Chiba; an obvious engineering skill of one of ordinary skill in the art where the rearrangement/reversal would not have modified the operation of connecting the device. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bell in view of Coleman and Chiba and further in view of Okin et al. (US 2002/0162765 – hereinafter Okin).
Re Claim 17:
Bell in view of Coleman and Chiba discloses the device of claim 1, but fails to teach wherein sterility of the remaining uncut portion of the bandage is maintained by a lip of the moveable portion contacting a lip of the body portion, and the lip of the body portion and the lip of the moveable portion extend around an entire perimeter of the cavity of the bandage dispenser.
Okin further in view teaches wherein sterility of a remaining (product) is maintained by a lip (34) of a moveable portion contacting a lip (32) of a body portion, and the lip of the body portion and the lip of the moveable portion extend around an entire perimeter of the cavity of the bandage dispenser (see paragraphs [0032-0033]). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bell in view of Coleman and Chiba with that of Okin to protect the inner contents of a container when not in use.
Allowable Subject Matter
Claims 6-9 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651