DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/19/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new grounds(s) of rejections.
Applicant Argues:Additionally, as seen in Vail FIGS. 1, 2, 13, and 15, the grip members 130 and 1320 are neither "fixedly coupled to [a] lid rim" of a "lid hingedly coupled to the frame along a first longitudinal side thereof and movable between a closed position and an open position"
Examiner’s Response:
Examiner notes that the term fixedly, as broadly interpreted by one of ordinary skill in the art, only requires that two portions be joined together. Ray is used to teach fixedly because the portions are joined together. Ray does not show a stationary member which would meet the limitations of the amended claims. Ray does teach a stationary member (as seen in Fig. 2 at 32) but it does not extend over the slot gap, only the movable members do.
For the reasons stated above, the claim stand rejected as presented.
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, 11, 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), Dansreau et al. (US 2018/0042432 A1 – hereinafter Dansreau), and Ray et al. (US 2010/0206896 A1 – hereinafter Ray)..
Re Claims 1, 6-8, 11, 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 second 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, wherein the slot gap defines a curved line extending across a width of the lid rim in a direction, and a tab member fixedly coupled to the lid rim and extending above and over the membrane and past the slot gap, 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 second 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.
Ray teaches wherein a slot gap defines a curved line (see Fig. 3, see Fig. 10 – curved from lower to upper portion because of bulbous member, and curves as shown in Fig. 10) extending across a width of a lid rim in a direction and a tab member (124, 224, 324), fixedly (secured – attached) coupled to a lid rim (as can be seen in Fig. 6 at 244) and extending above and over a membrane and past the slot gap (see Fig. 3-8). Re Claim 11: 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. 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, Dansreau, and Ray to provide a means to both allow for retrieving a tissues and dispensing tissues, while allowing following tissues to be held, and to allow for separation of said tissue.
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 second 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, wherein the slot gap defines a curved line extending across a width of the lid rim in a direction and a tab member fixedly coupled to the lid rim and extending above and over the membrane and past the slot gap, 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 second 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.
Ray teaches wherein a slot gap defines a curved line (see Fig. 3, see Fig. 10 – curved from lower to upper portion because of bulbous member, and curves as shown in Fig. 10) extending across a width of a lid rim in a direction and a tab member (124, 224, 324), fixedly coupled to a lid rim (as can be seen in Fig. 6 at 244) and extending above and over a membrane and past the slot gap (see Fig. 3-8). 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, Dansreau, and Ray to provide a means to both allow for retrieving a tissues and dispensing tissues, while allowing following tissues to be held, and to allow for separation of said tissue.
Re Claim 21:
Shoemaker discloses a method of dispensing articles from a container system comprising: a container (20) the container including; 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 second 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, wherein the slot gap defines a curved line extending across a width of the lid rim in a direction and a tab member fixedly coupled to the lid rim and extending above and over the membrane and past the slot gap, 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 second 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.
Ray teaches wherein a slot gap defines a curved line (see Fig. 3, see Fig. 10 – curved from lower to upper portion because of bulbous member, and curves as shown in Fig. 10) extending across a width of a lid rim in a direction and a tab member (124, 224, 324), fixedly coupled to a lid rim (as can be seen in Fig. 6 at 244) and extending above and over a membrane and past the slot gap (see Fig. 3-8). 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, Dansreau, and Ray to provide a means to both allow for retrieving a tissues and dispensing tissues, while allowing following tissues to be held, and to allow for separation of said tissue.
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), Dansreau, and Ray.
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 second 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, wherein the slot gap defines a curved line extending across a width of the lid rim in a direction, and a tab member extending above and over the membrane and past the slot gap, and 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.
Ray teaches wherein a slot gap defines a curved line (see Fig. 3, see Fig. 10 – curved from lower to upper portion because of bulbous member, and curves as shown in Fig. 10) extending across a width of a lid rim in a direction and a tab member (124, 224, 324), fixedly coupled to a lid rim (as can be seen in Fig. 6 at 244) and extending above and over a membrane and past the slot gap (see Fig. 3-8). 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, Dansreau, and Ray to provide a means to both allow for retrieving a tissues and dispensing tissues, while allowing following tissues to be held, and to allow for separation of said tissue.
5. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoemaker in view of Michaels, Decker, Vail, Dansreau, and Ray and further in view of Dick Chong (US 6,554,156 – hereinafter Chong).
Re Claim 9:
Shoemaker in view of Michaels, Decker, Vail, Dansreau, and Ray 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, Dansreau, and Ray 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, Dansreau, and Ray and further in view of Alegre de Miquel (US 7,621,401 – hereinafter Miquel)
Re Claim 10:
Shoemaker in view of Michaels, Decker, Vail, Dansreau, and Ray 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, Dansreau, and Ray with that of Miquel to secure a lid to a container.
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, Dansreau, and Ray and further in view of Henrik Eyermann (US 2009/0289061– hereinafter Eyermann)
Re Claims 13 and 14:
Shoemaker in view of Michaels, Decker, Vail, Dansreau, and Ray 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 Shoemaker in view of Michaels, Decker, Vail, Dansreau, and Ray 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, Dansreau, and Ray 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, Dansreau, and Ray 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, Dansreau, and Ray 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, Ray 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, Ray 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, Ray 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 Shoemaker in view of Michaels, Decker, Vail, Dansreau, and Ray 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, Dansreau, and Ray 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, Dansreau, and Ray with that of Miura to provide an alternative opening as known within the art which would allow for dispensing.
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 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.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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