DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejections.
Applicant Argues:
First, Shoemaker, Michael, and Decker are each directed to compact, portable wipes dispensers having foldable wipes for easy storage and carrying of wipes on-the-go. In contrast, Vail and Dansreau are each directed to wipes dispensers having a roll of wipes that has features to prevent the fall back of wipes within the dispenser. Applicant respectfully submits that a person of ordinary skill in the art would not look to the wipes dispensers of Vail or Dansreau directed to rolls of wipes to further modify the compact, portable wipes dispensers of Shoemaker, Michael, and Decker having foldable wipes, which are of completely different structure.
Examiner’s Response:
Applicant is arguing features; the arrangement of wipes (stacked vs rolled), which are not required by the claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Furthermore, Vail teaches that wipes may be stacked and folded, or rolled (see paragraph [0003]).
Applicant Argues:
Applicant respectfully submits that neither Vail nor Dansereau teach or suggest a "flexible membrane" as recited in the claims.
Second, even assuming arguendo that the references are reasonably combinable, which Applicant does not concede, the Office Action's allegation that "star, or the like shapes - Examiner notes that a star shape provides first and second portions" reads on the claimed "a first portion and a second portion separated by a distance dimension of a slot gap" is an unreasonably broad interpretation of Vail based solely on improper hindsight.
Indeed, even if a star shape provides for "first and second portions" as alleged in the Office Action, a point which the Applicant does not concede, the Office Action fails to establish that such a star or like shape as suggested by Vail would teach or suggest a flexible membrane as recited in the amended claim.
Examiner’s response:
Paragraph [0025] of Vail recites:
“first wipes engagement or contact member 120 is a made of resilient material that may include silicone” – Examiner notes 120 as the flexible membrane
“member 120 has an opening 122 located therethrough. In this exemplary embodiment, opening 122 is a circular opening, however, in some embodiments, opening 122 has a different shape, such as, for example, an ovular shape, a star shape, an octagonal shape, or the like.” Examiner notes that a star shape is comprised of portions that form a star as obviously known by one of ordinary skill in the art.
Examiner notes that as shown above, the member 120 (flexible member) has an opening (122) which is a part of (the flexible member) and it can be star shaped. One of ordinary skill in the art would recognize a star shape to at minimum be able to include a structure that includes multiple points. The multiple points would each be portions.
Applicant Argues:
Second, Vail fails to teach or suggest "wherein the flexible membrane is configured such that a separation force exerted on the first portion and the second portion expands the slot gap into a second configuration to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane." In contrast, paragraph [0025] of Vail teaches that "opening 122 is configured to be "stretchy" or elastic enough so that when a user is threading a wipe up through opening 122, opening 122 readily stretches allowing the user's finger to push up through the opening 122." Accordingly, one or ordinary skill in the art would recognize that the "flexible membrane" including "opening 122" is not configured to "to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane" as recited by claim 1. In contrast, the opening of Vail is taught to be small enough to only allow a user to "push[] up through the opening." Vail at [0025]. Accordingly, Vail, alone and in combination with the other relied upon reference, does not teach or suggest, all elements of independent claim 1.
Examiner’s Response:
Paragraph [0025] of Vail recites:
“In this exemplary embodiment, opening 122 is configured to be “stretchy” or elastic enough so that when a user is threading a wipe up through opening 122, opening 122 readily stretches allowing the user's finger to push up through the opening 122 and returns to its unstretched position.” – Examiner notes that one of ordinary skill in the art would recognize that an opening that stretches and returns to shape would be capable of doing the same whether it is from under the opening or above the opening, especially where there is no teaching or structure presented by Vail which would teach away from such an interpretation.
Paragraph [0027] of Vail recites:“In some embodiments, apex 124 is located above base 125.” – Examiner notes that this statement further supports the obviousness as described in Examiner’s response to paragraph [0025] in that it shows that a finger may enter through a membrane which has an apex directed away from a finger entrance point from below, as opposed to a finger inserted through an apex adjacent to the finger entrance point as seen in Fig. 1. If the finger is able to enter through an apex that is away from the finger, then a finger can enter through the depiction of Fig. 1 from above, as there would be no difference in the operation as suggested by paragraph [0027]).
Furthermore, paragraph [0037] recites:
“Preferably, a user threads a wipe through the wipe engagement member 404 (flexible membrane) by removing cap 402 from the container and pushing or threading a wipe through wipes engagement member 404 from underneath with the user's finger. In some embodiments, resilient portion 405 of first wipes engagement member is flexible enough so that a user may easily push their fingers through the first wipes engagement member 404, which will expand, to reach inside the container and grab a wipe 502 to initially thread the dispenser 400.” As described, Vail teaches permitting a user to insert a plurality of fingers between the flexible membrane to pull an article through the membrane.
Applicant Argues:
Applicant submits that Dansreau does not cure the deficiencies of Vail, or the other references relied upon. Indeed, in rejecting independent claim 1, the Office Action relies on paragraph [0038] of Dansreau. Dansreau at paragraph [0038] describes a plurality of petals 18 that include tip regions 50 that cooperate to define an aperture 12 "towards a central portion 60 of the diaphragm 14." That is, upon deflection of the petals of Dansreau, at least one finger of a user can be inserted into the aperture and the wipe is retained within an aperture defined by the tip regions of petals, as seen in Dansreau FIG. 1B, provided below for reference. As such, Dansreau does not teach or suggest a flexible membrane configured "to permit a user to insert a plurality of fingers through the flexible membrane between the first portion and the second portion," as recited by the amended claim.
Applicant submits that Dansreau is silent with respect to a flexible membrane including "a first portion and a second portion separated by a distance dimension of a slot gap defining the zone," "wherein the slot gap extends between the first portion and the second portion from a first end to a second end," "wherein the first portion and section portion are configured to retain an article therebetween," and "wherein the flexible membrane is configured such that a separation force exerted on the first portion and the second portion expands the slot gap into a second configuration to permit a user to insert a plurality of fingers through the flexible membrane between the first portion and the second portion."
Instead, Dansreau teaches a plurality of discrete petals that are separated from adjacent petals with slits (e.g., slits 160) that neither (1) extend between a first portion and a second portion [of a flexible membrane] from a first end to a second end nor "permit a user to insert a plurality of fingers through the flexible membrane between the first portion and the second portion."
Examiner’s Response:
Dansreau paragraph [0037] recites:“the aperture 12 includes a diaphragm 14, the diaphragm 14 includes intersecting substantially linear slits 16 formed in the diaphragm 14 thereby forming a plurality of petals 18 in the diaphragm 14 where the slits 16 intersect. Diaphragm 14 is generally composed of a pliable or flexible material that can vary in stiffness according to the sheet material being dispensed.” Examiner notes the paragraph states that a flexible diaphragm (flexible membrane) has intersecting slits formed “in” the diaphragm, which forms petals “in” the diaphragm. Such a depiction can be seen in Figs. 2B, 9C, and 12. Thus, Dansreau is not limited to just discrete petals that are separated as argued by Applicant. The petals can be a part of a diaphragm as taught and shown by Dansreau.
Dansreau paragraph [0038] recites:
“The aperture 12, in the second state, contains at least one finger, or said differently, the at least one finger passes through the aperture 12, perhaps deflecting at least one petal 18, and thereafter pulls a product 15 through the aperture 12.”
Dansreau paragraph [0040] recites:
“Although embodiments represented by the figures generally provide a diaphragm 14 having four petals 18 divided by two slits 16, other embodiments of the present invention include at least two petals 18 and up to eight petals 18, and/or between one and eight slits 16 that are substantially linear and/or non-linear, where each slit 16 provides at least partial separation between two petals 18.” Examiner notes that Dansreau teaches slits that extend between a first portion and a second portion. Dansreau likewise, teaches as man portions as desired for a purpose.
Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims do not include language which would differentiate from the prior art and the combination as cited above.
For the reasons stated above, the claims stand rejected.
Claim Rejections - 35 USC § 103
2. 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.
3. Claim(s) 1, 6-9, 12, 16, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scott Shoemaker (US 2007/0284386 – hereinafter Shoemaker) in view of Michaels et al. (US 2011/0017745 – hereinafter Michaels), Decker et al. (US 2007/0246477 – hereinafter Decker), Vail et al. (US 2020/0329926 A1 – hereinafter Vail), and Dansreau et al. (US 2018/0042432 A1 – hereinafter Dansreau).
Re Claims 1, 6-8, and 12:Shoemaker discloses a closure assembly for a container, comprising: a frame (22) configured to couple with a container (20); a lid (80) coupled to the frame (22) and movable between a closed position and an open position (see Fig. 4), wherein the lid (80) includes a lid rim that defines an opening (60), and a cover panel (18) movable between an assembly closed position and an assembly open position (see Figs. 1-18), but fails to teach a lid hingedly coupled to the frame along a first longitudinal side thereof and movable between a closed position and an open position, a flexible membrane housed within the opening of the lid rim, wherein the flexible membrane defines a zone configured to permit a plurality of articles to feed therethrough, wherein the flexible membrane includes a first portion and a second portion separated by a distance dimension of a slot gap defining the zone, wherein the slot gap extends between the first portion and the second portion from a first end to a second end, wherein the first portion and section portion are configured to retain an article therebetween, wherein the flexible membrane has a first configuration with the first portion and second portion separated by the distance dimension of the slot gap, wherein the flexible membrane is configured such that a separation force exerted on the first portion and the second portion expands the slot gap into a second configuration to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane and upon removal of the separation force, the first and second portion transition back to the first configuration, wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles, and a tab member fixedly coupled to the lid rim and extending above the membrane, wherein the tab member defines a channel groove configured to receive a leading article of the plurality of articles therein and separate the leading article from the plurality of articles; and a cover panel hingedly coupled to the frame along the first longitudinal side thereof and movable between an assembly closed position and an assembly open position.
Michaels teaches a lid (20) hingedly coupled to a frame (40) along a first longitudinal side (rear side) thereof and movable between a closed position and an open position, and a cover panel (30) hingedly (indirectly) coupled to the frame (40) along the first longitudinal side thereof and movable between an assembly closed position and an assembly open position (see Figs. 1-5). Re Claim 12: Michaels teaches wherein a cover panel (30) and a lid (20) move independently of one another (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 Shoemaker with that of Michaels to allow for making parts separable and connecting them in a design configuration that would allow easy opening of parts.
Decker teaches combining multiple pivoting parts (22, 24, and 42) using a (common axis) on a first longitudinal side (see Claim 1). 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 Shoemaker with that of Michaels and Decker to allow for making parts separable and connecting them in a design configuration that would allow easy opening of parts.
Vail teaches a flexible membrane (120) housed within an opening of a lid rim, wherein the flexible membrane (120) defines a zone configured to permit a plurality of articles to feed therethrough, and a tab member (130) fixedly coupled to the lid rim and extending above the membrane (120), wherein the tab member (130) defines a channel groove configured to receive a leading article of the plurality of articles therein and separate the leading article from the plurality of articles (see Fig. 3) (see Figs. 1-17), wherein the flexible membrane (12) includes a first portion and a second portion separated by a distance dimension of a slot gap (star, or the like shapes – Examiner notes that a star shape provides first and second portions) defining the zone, wherein the first portion and section portion are configured to retain an article therebetween (see paragraph [0025]), and wherein the flexible membrane has a first configuration with the first portion and second portion separated by the distance dimension of the slot gap, wherein a separation force exerted on the first portion and the second portion expands the slot gap into a second configuration and upon removal of the separation force, the first and second portion transition back to the first configuration, and wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles (Examiner notes that Vail teaches the portions to hold a product, and a separate grip member to separate) (see paragraphs [0024-0029 and 0037]) (see Figs. 1-17). Re Claim 6: Vail teaches wherein the membrane comprises at least one of silicone rubber, thermoplastic elastomer, thermoplastic polyurethane, polyester, and polyethylene (see paragraph [0024]). Re Claim 7: Vail teaches wherein the tab member is rigidly disposed to the lid rim and disposed opposite a first longitudinal side of the frame (see Figs. 1-17). Re Claim 8: Vail teaches wherein the tab member is positioned between a cover panel (117) and the membrane (see Figs. 1-17). 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 Shoemaker with that of Michaels, Decker, and Vail to provide a means to dispense tissues, while allowing following tissues to be held, for ease of access upon next dispensing of tissues operation.
Dansreau teaches wherein a slot gap (16, 18) extends between a first portion and the second portion from a first end to a second end (see Figs. 1-12 and paragraphs [0040-0041]), wherein the flexible membrane is configured, to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane (see paragraphs [0038]), and wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles (see paragraph [0038], “prepped for down-turn use by the consumer”) (see paragraphs [0037, 0038, and 0040, see Figs. 1-13). 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 Shoemaker with that of Michaels, Decker, Vail, and Dansreau to provide a means to both allow for retrieving a tissues and dispensing tissues, while allowing following tissues to be held, for ease of access upon next dispensing of tissues operation.
Further Re Claim 9:
Shoemaker discloses including wherein the tab member further includes a flexible orifice at an end of the channel groove, wherein the flexible orifice separates the leading article from the plurality of articles and retains a next article therein after the leading article is removed (see Shoemaker paragraph [0040]).
Re Claim 16:
Shoemaker discloses a container system comprising: a container (20); a closure assembly having: a frame (22) configured to couple to the container (20), a lid (80) coupled to the frame (22) and movable between a closed position and an open position, wherein the lid (80) includes a lid rim that defines an opening (60), and a plurality of articles receivable within the container (see Figs. 1-18), but fails to teach a lid hingedly coupled to the frame along a first longitudinal side thereof and movable between a closed position and an open position, a flexible membrane housed within the opening of the lid rim, wherein the flexible membrane defines a zone configured to permit a plurality of articles to feed therethrough, wherein the flexible membrane includes a first portion and a second portion separated by a distance dimension of a slot gap defining the zone, wherein the slot gap extends between the first portion and the second portion from a first end to a second end, wherein the first portion and section portion are configured to retain an article therebetween, wherein the flexible membrane has a first configuration with the first portion and second portion separated by the distance dimension of the slot gap, wherein the flexible membrane is configured such that a separation force exerted on the first portion and the second portion expands the slot gap into a second configuration to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane and upon removal of the separation force, the first and second portion transition back to the first configuration, wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles, and a tab member fixedly coupled to the lid rim and extending above the membrane, wherein the tab member defines a channel groove configured to receive a leading article of the plurality of articles therein and separate the leading article from the plurality of articles, and a cover panel hingedly coupled to the frame along the first longitudinal side thereof and movable between an assembly closed position and an assembly open position; wherein a leading article of the plurality of articles is accessible in the container through the flexible membrane when the cover panel is in the assembly open position.
Michaels teaches a lid (20) hingedly coupled to a frame (40) along a first longitudinal side (rear side) thereof and movable between a closed position and an open position, and a cover panel (30) hingedly (indirectly) coupled to the frame (40) along the first longitudinal side thereof and movable between an assembly closed position and an assembly open position (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 Shoemaker with that of Michaels to allow for making parts separable and connecting them in a design configuration that would allow easy opening of parts.
Decker teaches combining multiple pivoting parts (22, 24, and 42) using a (common axis) on a first longitudinal side (see Claim 1). 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 Shoemaker with that of Michaels and Decker to allow for making parts separable and connecting them in a design configuration that would allow easy opening of parts.
Vail teaches a flexible membrane (120) housed within an opening of a lid rim, wherein the flexible membrane (120) defines a zone configured to permit a plurality of articles to feed therethrough, wherein the flexible membrane (12) includes a first portion and a second portion separated by a distance dimension of a slot gap (star, or the like shapes – Examiner notes that a star shape provides first and second portions) defining the zone, wherein the first portion and section portion are configured to retain an article therebetween (see paragraph [0025]), and wherein the flexible membrane has a first configuration with the first portion and second portion separated by the distance dimension of the slot gap, wherein a separation force exerted on the first portion and the second portion expands the slot gap into a second configuration and upon removal of the separation force, the first and second portion transition back to the first configuration (see paragraphs [0024-0029], and a tab member (130) fixedly coupled to the lid rim and extending above the membrane (120), wherein the tab member (130) defines a channel groove configured to receive a leading article of the plurality of articles therein and separate the leading article from the plurality of articles (see Fig. 3) (see Figs. 1-17), wherein a leading article of the plurality of articles is accessible in the container through the flexible membrane (120) when a cover panel (117) is in the assembly open position, and wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles (Examiner notes that Vail teaches the portions to hold a product, and a separate grip member to separate) (see paragraphs [0024-0029 and 0037]) (see Figs. 1-17). 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 Shoemaker with that of Michaels, Decker, and Vail to provide a means to dispense tissues, while allowing following tissues to be held, for ease of access upon next dispensing of tissues operation.
Dansreau teaches wherein a slot gap (16, 18) extends between a first portion and the second portion from a first end to a second end (see Figs. 1-12 and paragraphs [0040-0041]), wherein the flexible membrane is configured, to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane (see paragraph [0038]), and wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles (see paragraph [0038], “prepped for down-turn use by the consumer”) (see paragraphs [0037, 0038, and 0040, see Figs. 1-13). 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 Shoemaker with that of Michaels, Decker, Vail, and Dansreau to provide a means to both allow for retrieving a tissues and dispensing tissues, while allowing following tissues to be held, for ease of access upon next dispensing of tissues operation.
Re Claim 21:
Shoemaker discloses a method of dispensing articles from a container system comprising: a container (20); a closure assembly having: a frame (22) configured to couple to the container (20), a lid (80) coupled to the frame (22) and movable between a closed position and an open position, wherein the lid (80) includes a lid rim that defines an opening (60), and a plurality of articles receivable within the container (see Figs. 1-18), but fails to teach a lid hingedly coupled to the frame along a first longitudinal side thereof and movable between a closed position and an open position, a flexible membrane housed within the opening of the lid rim, wherein the flexible membrane defines a zone configured to permit a plurality of articles to feed therethrough, wherein the flexible membrane includes a first portion and a second portion separated by a distance dimension of a slot gap defining the zone, wherein the slot gap extends between the first portion and the second portion from a first end to a second end, wherein the first portion and section portion are configured to retain an article therebetween, wherein the flexible membrane has a first configuration with the first portion and second portion separated by the distance dimension of the slot gap, wherein the flexible membrane is configured such that a separation force exerted on the first portion and the second portion expands the slot gap into a second configuration to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane and upon removal of the separation force, the first and second portion transition back to the first configuration, wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles, and a tab member fixedly coupled to the lid rim and extending above the membrane, wherein the tab member defines a channel groove configured to receive a leading article of the plurality of articles therein and separate the leading article from the plurality of articles, and a cover panel hingedly coupled to the frame along the first longitudinal side thereof and movable between an assembly closed position and an assembly open position; wherein a leading article of the plurality of articles is accessible in the container through the flexible membrane when the cover panel is in the assembly open position, transitioning the cover panel to the assembly open position and the lid to the open position; inserting the plurality of articles into the container; transitioning the lid to the closed position; pulling a leading article of the plurality of articles through the zone; and selectively inserting the leading article through the channel grove to separate the leading article from a next article in the plurality of articles.
Michaels teaches a lid (20) hingedly coupled to a frame (40) along a first longitudinal side (rear side) thereof and movable between a closed position and an open position, and a cover panel (30) hingedly (indirectly) coupled to the frame (40) along the first longitudinal side thereof and movable between an assembly closed position and an assembly open position (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 Shoemaker with that of Michaels to allow for making parts separable and connecting them in a design configuration that would allow easy opening of parts.
Decker teaches combining multiple pivoting parts (22, 24, and 42) using a (common axis) on a first longitudinal side (see Claim 1). 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 Shoemaker with that of Michaels and Decker to allow for making parts separable and connecting them in a design configuration that would allow easy opening of parts.
Vail teaches a flexible membrane (120) housed within an opening of a lid rim, wherein the flexible membrane (120) defines a zone configured to permit a plurality of articles to feed therethrough, wherein the flexible membrane (12) includes a first portion and a second portion separated by a distance dimension of a slot gap (star, or the like shapes – Examiner notes that a star shape provides first and second portions) defining the zone, wherein the first portion and section portion are configured to retain an article therebetween (see paragraph [0025]), and wherein the flexible membrane has a first configuration with the first portion and second portion separated by the distance dimension of the slot gap, wherein a separation force exerted on the first portion and the second portion expands the slot gap into a second configuration and upon removal of the separation force, the first and second portion transition back to the first configuration (see paragraphs [0024-0029], and a tab member (130) fixedly coupled to the lid rim and extending above the membrane (120), wherein the tab member (130) defines a channel groove configured to receive a leading article of the plurality of articles therein and separate the leading article from the plurality of articles (see Fig. 3) (see Figs. 1-17), wherein a leading article of the plurality of articles is accessible in the container through the flexible membrane (120) when a cover panel (117) is in the assembly open position (see Figs. 1-17), and transitioning the cover panel (117) to the assembly open position and the lid (110) to the open position; inserting the plurality of articles into the container; transitioning the lid (110) to the closed position; pulling a leading article of the plurality of articles through the zone; and selectively inserting the leading article through the channel grove (210, 211) to separate the leading article from a next article in the plurality of articles and wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles (Examiner notes that Vail teaches the portions to hold a product, and a separate grip member to separate) (see paragraphs [0024-0029 and 0037]) (see Figs. 1-17). 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 Shoemaker with that of Michaels, Decker, and Vail to provide a means to dispense tissues, while allowing following tissues to be held, for ease of access upon next dispensing of tissues operation.
Dansreau teaches wherein a slot gap (16, 18) extends between a first portion and the second portion from a first end to a second end (see Figs. 1-12 and paragraphs [0040-0041]), wherein the flexible membrane is configured, to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane (see paragraph [0038]), and wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles (see paragraph [0038], “prepped for down-turn use by the consumer”) (see paragraphs [0037, 0038, and 0040, see Figs. 1-13). 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 Shoemaker with that of Michaels, Decker, Vail, and Dansreau to provide a means to both allow for retrieving a tissues and dispensing tissues, while allowing following tissues to be held, for ease of access upon next dispensing of tissues operation.
4. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vail in view of Jordan et al. (US 2008/0011766 A1 – hereinafter Jordan) and Dansreau.
Re Claim 15:Vail discloses a lid (110) for a container of articles disposed therein, the lid (110) comprising: a lid rim that defines an opening (at 115); a flexible membrane (120) housed within the opening (at 115) of the lid rim, wherein the flexible membrane (120) defines a zone configured to permit a plurality of articles to feed therethrough, wherein the flexible membrane (12) includes a first portion and a second portion separated by a distance dimension of a slot gap (star, or the like shapes – Examiner notes that a star shape provides first and second portions) defining the zone, wherein the first portion and section portion are configured to retain an article therebetween (see paragraph [0025]), and wherein the flexible membrane has a first configuration with the first portion and second portion separated by the distance dimension of the slot gap, wherein the flexible membrane is configured such that a separation force exerted on the first portion and the second portion expands the slot gap into a second configuration, and upon removal of the separation force, the first and second portion transition back to the first configuration, wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles (see paragraphs [0024-0029 and 0037]); and a tab member (130) fixedly coupled to the lid rim and extending above the membrane (120), wherein the tab (130) member defines a channel groove (210, 211) configured to receive a leading article of the plurality of articles therein and separate the leading article from the plurality of articles (see Figs. 1-17), but where if fails to specifically show a (type of) first and second portion, wherein the slot gap extends between the first portion and the second portion from a first end to a second end, and to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane.
Jordan teaches first and second portions (406 – star shape design – portions including slot gaps between) (see Fig. 11). 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 Vail with that of Jordan to provide a typical star shaped design capable of providing first and second portions as commonly known within the art for allowing tissues to travel between portions.
Dansreau teaches wherein a slot gap (16, 18) extends between a first portion and the second portion from a first end to a second end (see Figs. 1-12 and paragraphs [0040-0041]), wherein the flexible membrane is configured, to permit a user to insert a plurality of fingers between the first portion and the second portion and through the flexible membrane to pull an article through the membrane (see paragraph [0038]), and wherein the first portion and the second portion cooperate together to permit a plurality of articles to be pulled therethrough without causing a separation of individual articles from the plurality of articles (see paragraph [0038], “prepped for down-turn use by the consumer”) (see paragraphs [0037, 0038, and 0040, see Figs. 1-13). 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 Vail with that of Jordan and Dansreau to provide a means to both allow for retrieving a tissues and dispensing tissues, while allowing following tissues to be held, for ease of access upon next dispensing of tissues operation.
5. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker in view of Michaels, Decker, Vail, and Dansreau and further in view of Dick Chong (US 6,554,156 – hereinafter Chong).
Re Claim 9:
Shoemaker in view of Michaels, Decker, Vail, and Dansreau discloses the device of claim 1, including wherein the tab member further includes a flexible orifice at an end of the channel groove, wherein the flexible orifice separates the leading article from the plurality of articles and retains a next article therein after the leading article is removed (see Shoemaker paragraph [0040]), but fails to teach without removing material liquid from the leading article.
Chong further in view teaches without removing material liquid from the leading article (see Figs. 1-8bcol. 3 line 40 to col. 4 line 25). 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 Shoemaker in view of Michaels, Decker, Vail, and Dansreau with that of Chong to maintain the fluid within a cleaning wipe for cleaning purposes.
6. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker in view of Michaels, Decker, Vail, and Dansreau and further in view of Alegre de Miquel (US 7,621,401 – hereinafter Miquel)
Re Claim 10:
Shoemaker in view of Michaels, Decker, Vail, and Dansreau discloses the device of claim 1, but fails to teach wherein the frame further includes an interior surface, the interior surface having a frame latching member extending outwardly therefrom, wherein the frame latching member includes a frame projection; and wherein the lid includes a sidewall extending downwardly from a perimeter of a bottom surface of the interior lid, the sidewall defining a cavity configured to receive the frame projection therein to lock the lid with the frame in the closed position.
Miquel further in view teaches wherein a frame further includes an interior surface, the interior surface having a frame latching member (7) extending outwardly therefrom, wherein the frame latching member includes a frame projection; and wherein the lid (3) includes a sidewall extending downwardly from a perimeter of a bottom surface of the interior lid, the sidewall defining a cavity configured to receive the frame projection therein to lock the lid with the frame in the closed position (see Fig. 7) (see Figs. 1-7). 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 Shoemaker in view of Michaels, Decker, Vail, and Dansreau with that of Miquel to secure a lid to a container.
7. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker in view of Michaels, Decker, Vail, and Dansreau and further in view of Ray et al. (US 2010/0206896 – hereinafter Ray)
Re Claim 11:
Shoemaker in view of Michaels, Decker, Vail, and Dansreau discloses the device of claim 1, but fails to teach wherein the cover panel is biased towards the assembly closed position.
Ray further in view teaches wherein a cover panel is biased towards the assembly closed position (see paragraph [0023]). 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 Shoemaker in view of Michaels, Decker, Vail, and Dansreau with that of Ray toto maintain a container in a closed state to avoid damage to product.
8. Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker in view of Michaels, Decker, Vail, and Dansreau and further in view of Henrik Eyermann (US 2009/0289061– hereinafter Eyermann)
Re Claims 13 and 14:
Shoemaker in view of Michaels, Decker, Vail, and Dansreau discloses the device of claim 1, but fails to teach a closure retarding system configured to retard movement of the cover panel when the cover panel transitions from the assembly open position to the assembly closed position, and wherein the closure retarding system includes a rotary damper.
Eyermann further in view teaches a closure retarding system configured to retard movement of a cover panel (11) when the cover panel transitions from the assembly open position to the assembly closed position (see paragraphs [0029 and 0031]). Re Claim 14: Eyermann further in view teaches wherein the closure retarding system includes a rotary damper (see paragraphs [0029 and 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 Shoemaker in view of Michaels, Decker, Vail, and Dansreau with that of Eyermann to maintain a container in a closed state to avoid damage to product.
9. Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker in view of Michaels, Decker, Vail, and Dansreau and further in view of Brian T. Holland (US 6,848,594 – hereinafter Holland).
Re Claims 17 and 18:
Shoemaker in view of Michaels, Decker, Vail, and Dansreau discloses the device of claim 1, but fails to teach wherein the container is at least partially transparent and product information of the plurality of articles is viewable through the container.
Holland further in view teaches wherein the container is at least partially transparent and product information of the plurality of articles is viewable through the container (see col. 3 lines 45-55 – Examiner notes that since the housing is transparent it is capable of allowing product information viewable through the container). 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 Shoemaker in view of Michaels, Decker, Vail, and Dansreau with that of Holland to allow an interior to be visible for refill purposes.
Further Re Claim 19:
Shoemaker discloses wherein the articles are wet nonwovens (see paragraph [0003]).
10. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker in view of Michaels, Decker, Vail, Dansreau and Holland and further in view of Nakamura et al. (US 6,331,696 – hereinafter Nakamura).
Re Claims 20:
Shoemaker in view of Michaels, Decker, Vail, Dansreau, and Holland discloses the device of claim 17, but fails to teach wherein the plurality of articles are contained in a package and the package comprises a flexible package of wet wipes therein.
Nakamura further in view teaches wherein a plurality of articles are contained in a package (A) and the package comprises a flexible package of wet wipes therein (see Fig. 13). 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 Shoemaker in view of Michaels, Decker, Vail, Dansreau, and Holland with that of Nakamura to maintain a stack in a moist environment to keep the product wet., and for ease of refilling.
11. Claim(s) 22 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker in view of Michaels, Decker, Vail, and Dansreau, and further in view of Akiteru Miura (US 2019/0069732 A1 – hereinafter Miura).
Re Claims 22 and 23:
Shoemaker in view of Michaels, Decker, Vail, and Dansreau discloses the device of claim 1, but fails to teach wherein the flexible membrane includes at least one aperture at an end of the slot gap. .
Miura further in view teaches wherein a flexible membrane includes at least one aperture (see outer circular apertures of Fig. 5 c, d, and e) at an end of the slot gap (see Figs. 1-7b). Re Claim 23: Miura further in view teaches wherein the flexible membrane includes a center aperture (at S) disposed at a center of the slot gap (see Figs. 5a-f). 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 Shoemaker in view of Michaels, Decker, Vail, and Dansreau with that of Miura to provide an alternative design choice for an opening as known within the art and shown as a finite number of choices by Miura.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
13. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm est.
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, 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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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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