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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-28 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of copending Application No. 18/108,611 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of the instant application can be arrived at from the claim limitations of copending Application No. 18/108,611.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9,12-18,22,24-28 rejected under 35 U.S.C. 102(a)(2) as being anticipated by YU (CN 206166541).
Claim 1, YU discloses a dispenser apparatus for a plurality of detachable shoe covers (fig.1) each of which comprises a shoe cover main body (3) having a receiving cavity, an elastic opening edge portion (31) defining an opening, and an interconnection arrangement (fig.7), including a front portion of the shoe cover main body, a rear portion of the shoe cover main body, two front joint perforations (32b-1) provided in the front portion, and two rear joint perforations (33b) provided in the rear portion (fig.6), for interconnecting each of the plurality of detachable shoe covers with another adjacent detachable shoe cover of the plurality of detachable shoe covers along the dispenser apparatus so as to be installed in the dispenser apparatus, wherein the dispenser apparatus comprises: a frame (frame of 1); an installation assembly (includes 22), which is installed on the frame, comprises two installation arms (22) for installing the plurality of detachable shoe covers by penetrating through the two rear joint perforations (33b) and the two front joint perforations (32b-1) of each of the plurality of detachable shoe covers (fig.7), wherein the two installation arms are configured to provide a dispenser arrangement at parallel front end portions of the two installation arms for guiding a frontmost detachable shoe cover of the plurality of shoe covers installed in the installation assembly to be dispensed to an open state for wearing (fig.2); and a separator (214) arranged at the front end portions of the two installation arms (22) and configured for separating the frontmost detachable shoe cover from the two installation arms.
Claim 2, YU discloses wherein the two installation arms (22) are arranged in a symmetrical manner to define an installation arrangement, a transition arrangement and the dispenser arrangement, wherein the two installation arms (22) are parallelly extended to have a first width for the plurality of detachable shoe covers to be installed together one-by-one in series and held along the two installation arms to form the installation arrangement (fig.2 arrangement), wherein the two installation arms are parallelly extended at the front end portions thereof to form the dispenser arrangement having a second width wider than the first width (fig.2), wherein the two installation arms are gradually and curvedly extended from the installation arrangement to the dispenser arrangement frontwardly and outwardly in a symmetrical manner to form the transition arrangement (fig.2), thereby the plurality of detachable shoe covers (3) are interconnectingly installed along the two installation arms (2) in the installation arrangement in a normal state while a frontmost detachable shoe cover of the plurality of detachable shoe covers is frontwardly moved to the dispenser arrangement in an open state that the opening of the frontmost detachable shoe cover is guided to open the opening thereof by the wider installation arms in the dispenser arrangement, and that a subsequent detachable shoe cover of the plurality of detachable shoe covers interconnected with the frontmost detachable shoe cover is pulled by the frontmost detachable shoe cover in the transition arrangement and guided to be partially opened by the curvedly extending installation arms in the transition arrangement (see figures).
Claim 3, YU discloses wherein a curvature (see fig.2) of the two installation arms (22) in the transition arrangement is symmetrically configured for retaining the plurality of detachable shoe covers to be installed in the installation arrangement and guiding the subsequent detachable shoe cover to move from the installation arrangement to the dispenser arrangement upon pulling by the frontmost detachable shoe cover in the dispenser arrangement.
Claim 4, YU discloses wherein said separator (214) is provided at the front end portions of the two installation arms (22) in the dispenser arrangement and configured for detaching the frontmost detachable shoe cover from the two installation arms upon a pulling of the frontmost detachable shoe cover frontwardly from the installation assembly (see figures).
Claim 5, YU discloses wherein the separator (214) comprises two separating members (214,214) provided at the front end portions of the two installation arms respectively, each of which is configured for breaking a corresponding joint perforation of the front joint perforations and rear joint perforations of the frontmost detachable shoe cover that the installation arms passing through when the frontmost detachable shoe cover is moved out frontwardly from the installation arms.
Claim 6, YU discloses wherein the separating members (214,214) are two connectors rigidly connecting the two installation arms (22) to the frame respectively.
Claim 7, YU discloses wherein said separator (214) is provided at the front end portions of the two installation arms in the dispenser arrangement and configured for detaching the frontmost detachable shoe cover from the two installation arms upon a pulling of the frontmost detachable shoe cover frontwardly from the installation assembly.
Claim 8, YU discloses wherein the separator (214) comprises two separating members (214,214) provided at the front end portions of the two installation arms respectively, each of which is configured for breaking a corresponding joint perforation of the front joint perforations (32b-1) and rear joint perforations (33b) of the frontmost detachable shoe cover that the installation arms passing through when the frontmost detachable shoe cover is moved out frontwardly from the installation arms (22).
Claim 9, YU discloses wherein the separating members (214,214) are two connectors rigidly connecting the two installation arms (22) to the frame respectively.
Claim 12, YU discloses wherein the installation assembly further comprises a front retaining (222) configuration configured in the dispenser arrangement and positioned behind the separator (214) for retaining the frontmost detachable shoe cover to be stretched out in the open state and limiting the front portion of the frontmost detachable shoe cover (3) from re-stretching back to the installation arrangement.
Claim 13, YU discloses wherein the front retaining configuration (222) comprises a pair of retainers (222,222) configured for extending in the receiving cavity of the frontmost detachable shoe cover to limit the front portion thereof from re- stretching back to the installation arrangement.
Claim 14, YU discloses wherein the installation assembly further comprises a front retaining configuration (222) configured in the dispenser arrangement and positioned behind the separator (214) for retaining the frontmost detachable shoe cover (3) to be stretched out in the open state and limiting the front portion of the frontmost detachable shoe cover from re-stretching back to the installation arrangement.
Claim 15, YU discloses wherein the front retaining configuration (222) comprises a pair of retainers (222,222) configured for extending in the receiving cavity of the frontmost detachable shoe (3) cover to limit the front portion thereof from re-stretching back to the installation arrangement.
Claim 16, YU discloses wherein the installation assembly further comprises a front retaining configuration (222) configured in the dispenser arrangement and positioned behind the separator (214) for retaining the frontmost detachable shoe cover (3) to be stretched out in the open state and limiting the front portion of the frontmost detachable shoe cover from re-stretching back to the installation arrangement.
Claim 17, YU discloses wherein the front retaining configuration (222) comprises a pair of retainers (222,222) configured for extending in the receiving cavity of the frontmost detachable shoe cover (3) to limit the front portion thereof from re- stretching back to the installation arrangement.
Claim 18, YU discloses wherein the installation assembly further comprises a front retaining configuration (222) configured in the dispenser arrangement and positioned behind the separator (214) for retaining the frontmost detachable shoe cover (3) to be stretched out in the open state and limiting the front portion of the frontmost detachable shoe cover from re-stretching back to the installation arrangement, wherein the front retaining configuration comprises a pair of retainers (222,222) configured for extending in the receiving cavity of the frontmost detachable shoe cover to limit the front portion thereof from re-stretching back to the installation arrangement.
Claim 22, YU discloses a method of dispensing detachable shoe covers (3) installed in a dispenser apparatus, including steps of:
(a) guiding a plurality of interconnecting detachable shoe covers (3), which are
interconnecting with each other and installed in an installation arrangement of the dispenser apparatus, to move from the installation arrangement to a dispenser arrangement provided at front end portions of two installation arms (22) of the installation assembly of the dispenser apparatus;
(b) opening a frontmost detachable shoe cover of the plurality of detachable shoe covers (3) at the dispenser arrangement for wearing the frontmost detachable shoe cover on a shoe of a user placed in a receiving cavity through an opening of the frontmost detachable shoe cover; and
(c) separating the frontmost detachable shoe cover from a subsequent detachable shoe cover of the plurality of detachable shoe covers by a separator (214) arranged at the dispenser arrangement of the installation assembly of the dispenser apparatus under a pulling of the frontmost detachable shoe cover away from the subsequent detachable shoe cover.
Claim 24, YU discloses wherein the step (c) further includes steps of:
(c-1) guiding an opening end portion of the frontmost detachable shoe cover (3) to be moved against the separator (214) until the opening end portion of the frontmost detachable shoe cover is broken by the separator to open joint perforations (32b-1,33b) of the frontmost detachable shoe cover to detach the frontmost detachable shoe cover from the installation assembly of the dispenser apparatus; and
(c-2) guiding a subsequent detachable shoe cover of the plurality of detachable shoe covers to move to the dispenser arrangement of the installation assembly to become a current frontmost detachable shoe cover while the previously frontmost detachable shoe cover is moved to be detached from the dispenser arrangement of the installation assembly.
Claim 25, YU discloses before the step (a), further including a step of: installing the plurality of detachable shoe covers (3) along the two installation arms (22) one-by-one in series, including:
penetrating two interconnection members connected to the rear portion of each of the plurality of detachable shoe covers through two front joint perforations (32b-1) of the joint perforations (32b-1,33b) formed to the front portion of a subsequent detachable shoe cover of the plurality of detachable shoe covers from an outer side to an inner side thereof respectively; and penetrating the two installation arms (22) through two rear joint perforations (33b) of the joint perforations formed in the two interconnection members of the each of the plurality of detachable shoe covers respectively so as to hang the two interconnection members to the two installation arms (22) respectively;
wherein the step (c) further includes a step of:
(c-3) breaking detachable lines extended between two edges of the two interconnection members and the two rear joint perforations of the frontmost detachable shoe cover by two separating members (214,214) of the separator (214), provided at two front ends of the two installation arms (22) respectively, while the frontmost detachable shoe cover is moved frontwardly from the installation arms so as to detach the frontmost detachable shoe cover from the installation assembly.
Claim 26, YU discloses before the step (a), further including a step of:
installing the plurality of detachable shoe covers (3) along the two installation arms (22) one-by-one in series, including: extending the rear portion of each of the plurality of detachable shoe covers in the receiving cavity and positioned behind the front portion of the subsequent detachable shoe cover; aligning the two rear joint perforations (33b) of the each of the plurality of detachable shoe covers with the two front joint perforations (32b-1) of the subsequent detachable shoe cover; and penetrating the two installation arms (22) through the two rear joint perforations of each of the plurality of detachable shoe covers and the two front joint perforations (32b-1) of the subsequent detachable shoe cover so as to interconnecting the plurality of detachable shoe covers along the two installation arms of the installation assembly; wherein the step (c) further includes a step of: (c-3) breaking detachable lines respectively extended between an opening edge and the front and rear joint perforations of the frontmost detachable shoe cover by two separating members (214,214) of the separator (214), provided at two front ends of the two installation arms respectively, while the frontmost detachable shoe cover is moved frontwardly from the installation arms so as to detach the frontmost detachable shoe cover from the installation assembly.
Claim 27, YU discloses before the step (a), further including a step of: installing the plurality of detachable shoe covers (3) along the two installation arms (22) one-by-one in series, including: penetrating two rear interconnection members connected to the rear portion of each of the plurality of detachable shoe covers through two front joint perforations (32b-1) of two front interconnection members connected to the front portion of a subsequent detachable shoe cover of the plurality of detachable shoe covers respectively; and penetrating the two installation arms through two rear joint perforations (33b) of the two rear interconnection members of the each of the plurality of detachable shoe covers respectively so as to hang the two rear interconnection members of the each of the plurality of detachable shoe covers to the two installation arms (22) respectively while the two rear interconnection members hanging the two front interconnection members of the subsequent detachable shoe cover;
wherein the step (c) further includes a step of:
(c-3) breaking detachable lines extended between two edges of the two rear interconnection members and the two rear joint perforations (33b) of the frontmost detachable shoe cover by two separating members (214,214) of the separator (214), provided at two front ends of the two installation arms (22) respectively, while the frontmost detachable shoe cover is moved frontwardly from the installation arms so as to detach the frontmost detachable shoe cover from the installation assembly.
Claim 28, YU discloses before the step (a), further including a step of: installing the plurality of detachable shoe covers along the two installation arms (22) one-by-one in series, including:
interconnecting each of the plurality of detachable shoe covers with an interconnection member connected between the rear portion thereof and the front portion of the subsequent detachable shoe cover; and penetrating the two installation arms through the two rear joint perforations (33b) and the two front joint perforations (32b-1) of each of the plurality of detachable shoe covers;
wherein the step (c) further includes a step of:
(c-3) breaking a detachable line extended across the interconnection member by
the separator (214) while the frontmost detachable shoe cover is moved frontwardly from the installation arms so as to detach the frontmost detachable shoe cover from the installation assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20230355017 US 20220211229 US 7775396 US 7757910 US 7448521.
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/AYODEJI T OJOFEITIMI/ Examiner, Art Unit 3651
/GENE O CRAWFORD/ Supervisory Patent Examiner, Art Unit 3651
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