DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 4-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ours et al. (US 6145736 A; hereinafter Ours).
Regarding claims 1 and 7-10, Ours discloses a dispensing assembly for a lined carton and blank for making comprising a device for unloading of package contents arranged above a package outlet hole (109), including a tray (6) with flanges (7), an outlet valve (5) and a supporting element (102/111), wherein when folded, the tray is located under the outlet valve (see Fig. 5) and is retained on the supporting element, where the outlet valve has flaps (5’/5’’) designed with a possibility to retain the tray flanges and to form an opening (via tearing along perforations 4) when the tray is brought in an open position, characterized in that the flanges of the tray are only attached to the tray and are separated from the sides of the package in the open position of the tray (see Figures 5-6).
Regarding claim 4, Ours discloses a dispensing assembly wherein the tray comprises a pulling element (306).
Regarding claim 5, Ours discloses a dispensing assembly wherein the supporting element has slots (see Fig. 1; Examiner considers side edges of tab 112 to be defined by cuts, or slots).
Regarding claim 6, Ours discloses a dispensing assembly wherein when folded, the tray is retained by the tray flanges located in slots made on the supporting element (Col 5 lines 18-20).
Allowable Subject Matter
Claim 2 is 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.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Upon further search and review, Examiner has found that Claims 1 and 4-10 are anticipated by Ours.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734