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 .
Response to Arguments
Applicant argues that the trash bags in Kaberna are different from the dispensed gloves in Wexler and the present application. One skilled in the art would not look to garbage bags in the form of a web, roll, and the like in Kaberna when dispensing gloves. Second, Kaberna specifically states that the paper note is used with a web of trash bags. In this form, the paper note is used when the trash bags are connected to one another, forming a web. Kaberna does not disclose that the paper note is used as an indicator when individual trash bags are separately dispensed, and otherwise not in the form of a web. For at least these reasons, the rejections should be withdrawn.
The dependent claims recite further features distinguishing over the cited art. For example, claims 3 and 16 have been amended to recite that the indicator comprises cardboard. At best, Kaberna discusses the use of paper, which is notably thinner and more flexible than cardboard. While Kaberna does not provide specifics on how the paper is used, Kaberna does require that the paper be used with a web of trash bags. In this regard, it is believed that paper is necessary because it is flexible and will conform to a roll form of the web of trash bags.
For claims 6 and 18, the Office Action looks to the Mitchell reference, and for claim 7 and 19, the Avakian reference. These references, respectfully, are entirely inapposite. Mitchell is directed to an inventory management system for RFID-tag bins on shelves. Avakian, as best understood, is directed towards an "intelligent marketing and advertising platform" for displaying "planograms" on the doors of a beverage cooler. It is not proper for the Office Action to reach into these references, which have no apparent relation to the claimed invention or to the cited art, to find the requisite features of the claims.
In response, the Examiner respectfully disagree with the Applicant. The prior art of Kaberna was used to teach the following: Kaberna discloses an indicator (para.0029; paper note provided near the end of web of plastic trash bags) positioned between the first and second plurality of items to be dispensed (para.0029; last few trash bags can be identified by the placement of the paper note therein), the indicator being removable through the opening (fig.1; opening wherein trash bags are dispensed from) and having a different visual appearance from both the first and second plurality of items to be dispensed and being indicative of a low condition, wherein the different visual appearance includes a different type of object (para.0029; paper note placed near the last few trash bags inside dispenser indicating to the user that the supply is running low). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with an indicator positioned between the first and second plurality of gloves to be dispensed, the indicator being removable through the opening and having a different visual appearance from both the first and second plurality of items gloves to be dispensed and being indicative of a low condition, wherein the different visual appearance includes a different type of object to effectively monitor the inventory levels of the articles to be dispensed.
Thus, one skilled in the art would use the combination of Wexler, Felix, and Kaberna to arrive at the limitation of said claim.
Regarding the use of cardboard material for the indicator. Said limitation has been rejected using Kaberna and is restated herein:
Kaberna discloses wherein the indicator comprises paper (para.0029; paper note placed near the last few trash bags inside dispenser indicating to the user that the supply is running low). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with wherein the indicator comprises paper to effectively monitor the inventory levels of the articles to be dispensed. Furthermore, although Kaberna does not disclose a cardboard indicator, it would have been very obvious to one of ordinary skill in the art to implement such an indicator with cardboard since it is a routine substitution of known materials that are functionally equivalent and structurally similar. In addition, changing the material does not change the basic function of the indicator; thus, choosing a sturdier material is a normal design step for a person of skill in the art.
Regarding the rejection of claims 6, 18, 7, and 19. The prior office action and present office action clearly stated the rationale for the use of the Mitchell and Avakian prior art. The references, as alleged by the Applicant, are not inapposite. One of ordinary skill in the art would make such a combination to arrive at all the limitations of claims 6, 18, 7, and 19 as stated in clearly conveyed in the obviousness rationale provided in the office actions.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-3,5,8,11,13,23 rejected under 35 U.S.C. 103 as being unpatentable over Wexler et al.
(US 2020/0405103) in view of Felix et al. (US 10,694,902) in view of Kaberna (US 2010/0276427).
Claim 1, Wexler discloses a container system for serially dispensing items, the container system comprising: a container defining an opening (fig.1); a first plurality of gloves to be dispensed, the first plurality of items gloves to be dispensed positioned adjacent to and removable through the opening (fig.2); a second plurality of gloves to be dispensed positioned further from the opening than the first plurality of items gloves to be dispensed and being removable through the opening (fig.2); an article advancer (54) positioned further from the opening than the second plurality of gloves and biasing the first and second plurality of gloves towards the opening (fig.2).
Wexler does not disclose an indicator positioned between the first and second plurality of gloves to be dispensed, the indicator being removable through the opening and having a different visual appearance from both the first and second plurality of items gloves to be dispensed and being indicative of a low condition, wherein the different visual appearance includes a different type of object.
Felix discloses an indicator (102) positioned between the first and second plurality of items to be dispensed, the indicator (102) being removable through the opening (fig.2) and having a different visual appearance from both the first and second plurality of items to be dispensed and being indicative of a low condition (C6:L1-67; out indicator indicates the dispensed articles are about to expire and require replacement thereafter). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with an indicator positioned between the
first and second plurality of items gloves to be dispensed, the indicator being removable through the opening and having a different visual appearance from both the first and second plurality of items gloves to be dispensed and being indicative of a low condition to effectively monitor the inventory levels of the articles to be dispensed.
Kaberna discloses an indicator (para.0029; paper note provided near the end of web of plastic trash bags) positioned between the first and second plurality of items to be dispensed (para.0029; last few trash bags can be identified by the placement of the paper note therein), the indicator being removable through the opening (fig.1; opening wherein trash bags are dispensed from) and having a different visual appearance from both the first and second plurality of items to be dispensed and being indicative of a low condition, wherein the different visual appearance includes a different type of object (para.0029; paper note placed near the last few trash bags inside dispenser indicating to the user that the supply is running low). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with an indicator positioned between the first and second plurality of gloves to be dispensed, the indicator being removable through the opening and having a different visual appearance from both the first and second plurality of items gloves to be dispensed and being indicative of a low condition, wherein the different visual appearance includes a different type of object to effectively monitor the inventory levels of the articles to be dispensed.
Claim 2, Wexler does not disclose wherein the different visual appearance further includes a different color.
Felix discloses wherein the different visual appearance further includes a different color (C6:L1- 65; C7:L1-10). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with wherein the different visual appearance
further includes a different color to effectively monitor the inventory levels of the articles to be dispensed.
Claim 3, Wexler does not disclose wherein the indicator comprises cardboard.
Kaberna discloses wherein the indicator comprises paper (para.0029; paper note placed near the last few trash bags inside dispenser indicating to the user that the supply is running low). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with wherein the indicator comprises paper to effectively monitor the inventory levels of the articles to be dispensed. Furthermore, although Kaberna does not disclose a cardboard indicator, it would have been very obvious to one of ordinary skill in the art to implement such an indicator with cardboard since it is a routine substitution of known materials that are functionally equivalent and structurally similar. In addition, changing the material does not change the basic function of the indicator; thus, choosing a sturdier material is a normal design step for a person of skill in the art.
Claim 5, Wexler does not disclose wherein the indicator includes indicia that provides instructions to guide a user to reorder a further container system.
Felix discloses wherein the indicator (102) includes indicia that provides instructions (C5:L1-65; C6:L1-65; C7:L1-10) to guide a user to reorder a further container system (the visibility of the indicator and its indicia informs the user it's time to reorder). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with wherein the indicator includes indicia that provides instructions to guide a user to reorder a further container system to effectively monitor the inventory levels of the articles to be dispensed.
Claim 8, Wexler discloses wherein the first and second plurality of gloves to be dispensed comprise a total number of items (see figures).
Wexler does not disclose the indicator being positioned such that the indicator is removed when at least 50% of the total number of items have been removed.
Felix discloses wherein the first (items above 212, fig.2) and second (fig.2 items below 212; C5:L50-67) plurality of items to be dispensed comprise a total number of items, the indicator (102) being positioned such that the indicator (102) is removed when at least 50% of the total number of items have been removed (fig.2, C5-C6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with wherein the first and second plurality of gloves to be dispensed comprise a total number of items, the indicator being positioned such that the indicator is removed when at least 50% of the total number of items have been removed to effectively monitor the inventory levels of the articles to be dispensed.
Claim 11, Wexler discloses wherein the article advancer has an arcuate shape (54).
Claim 13, Wexler discloses wherein the first and second plurality of gloves to be dispensed comprise a total number of gloves (see figures).
Wexler does not disclose wherein the indicator glove being positioned such that the indicator is removed when at least 50% of the total number of gloves have been removed.
Felix discloses wherein the first (items above 212, fig.2) and second (fig.2; items below 212; C5:L50-67) plurality of items to be dispensed comprise a total number of items, the indicator item (102) being positioned such that the indicator item (102) is removed when at least 50% of the total number of items have been removed (fig.2; C5-C6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with wherein the indicator glove being positioned such that the indicator is removed when at least 50% of the total number of gloves have been removed to effectively monitor the inventory levels of the articles to be dispensed.
Claim 23, Wexler discloses wherein the second plurality of gloves (see rejection of claim 1) have an appearance that is the same as the first plurality of gloves (see rejection of claim 1; fig.2).
Claims 4,12,14-17,20 rejected under 35 U.S.C. 103 as being unpatentable over Wexler et al. (US 2020/0405103) in view of Felix et al. (US 10,694,902) in view of Kaberna (US 2010/0276427) in view of Zwick et al. (US 7,934,597).
Claim 4, Wexler in view of Felix in view of Kaberna do not disclose a removable portion that at least partially covers the opening and is removable by a user to expose the opening.
Zwick discloses a removable portion (24) that at least partially covers the opening (fig. 1c) and is removable by a user to expose the opening (fig.1c). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date to provide the dispenser of Wexler in view of Felix in view of Kaberna with a removable portion that at least partially covers the opening and is removable by a user to expose the opening simply because it's a very well-known configuration in the art with dispensing boxes made of cardboard and does not impart any novelty on the claim limitation.
Claim 12, Wexler in view of Felix in view of Kaberna do not disclose a removable portion that at least partially covers the opening and is removable by a user to expose the opening.
Zwick discloses a removable portion (24) that at least partially covers the opening (fig.1c) and is removable by a user to expose the opening (fig.1c). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date to provide the dispenser of Wexler in view of Felix in view of Kaberna with a removable portion that at least partially covers the opening and is removable by a user to expose the opening simply because it's a very well-known configuration in the art with dispensing boxes made of cardboard and does not impart any novelty on the claim limitation.
Claim 14, Wexler discloses a method of providing indication a serially dispensed glove, the method comprising the steps of: providing a container defining an opening (fig.2); providing a first plurality of gloves to be dispensed (fig.2), the first plurality of gloves to be dispensed positioned adjacent
to and removable through the opening (fig.2); providing a second plurality of items gloves to be dispensed positioned further from the opening than the first plurality of items gloves to be dispensed and being removable through the opening (fig.2); providing an article advancer (54) positioned further from the opening than the second plurality of gloves and biasing the first and second plurality of gloves towards the opening (fig.2).
Wexler does not disclose a method of providing indication of a low condition for a serially dispensed glove; the container optionally including a portion that is removable by a user to expose the opening; and providing an indicator positioned between the first and second plurality of gloves to be dispensed, the indicator being removable through the opening and having a different visual appearance from both the first and second plurality of gloves to be dispensed and being indicative of the low condition, wherein the different visual appearance includes a different type of object.
Felix discloses a method of providing indication of a low condition for a serially dispensed item, the method comprising the steps of: providing an indicator (102) positioned between the first and second plurality of items to be dispensed (figures), the indicator being removable through the opening (fig.2) and having a different visual appearance from both the first and second plurality of items to be dispensed and being indicative of the low condition (C6:L1-67; out indicator indicates the dispensed articles are about to expire and require replacement thereafter). Therefore, it would have been obvious to one of ordinary skill in the art to provide the dispenser of Wexler with a method of providing indication of a low condition for a serially dispensed glove; the container optionally including a portion that is removable by a user to expose the opening; and providing an indicator positioned between the first and second plurality of gloves to be dispensed, the indicator being removable through the opening and having a different visual appearance from both the first and second plurality of gloves to be dispensed and being indicative of the low condition to effectively monitor the inventory levels of the articles to be dispensed.
Kaberna discloses a method of providing indication of a low condition for a serially dispensed glove; and providing an indicator positioned between the first and second plurality of plastic trash bags to be dispensed (para.0029; last few trash bags can be identified by the placement of the paper note therein), the indicator being removable through the opening (fig.1 opening wherein trash bags are dispensed from) and having a different visual appearance from both the first and second plurality of trash bags to be dispensed and being indicative of the low condition, wherein the different visual appearance includes a different type of object (para.0029; paper note placed near the last few trash bags inside dispenser indicating to the user that the supply is running low). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with a method of providing indication of a low condition for a serially dispensed glove; and providing an indicator positioned between the first and second plurality of gloves to be dispensed, the indicator being removable through the opening and having a different visual appearance from both the first and second plurality of gloves to be dispensed and being indicative of the low condition, wherein the different visual appearance includes a different type of object to effectively monitor the inventory levels of the articles to be dispensed.
Zwick discloses the container optionally including a portion that is removable by a user to expose the opening (24, fig.1c). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date to provide the dispenser of Wexler with the container optionally including a portion that is removable by a user to expose the opening simply because it's a very well-known configuration in the art with dispensing boxes made of cardboard and does not impart any novelty on the claim limitation.
Claim 15, Wexler does not disclose wherein the different visual appearance further includes a different color.
Felix discloses wherein the different visual appearance further includes a different color (C6:L1- 65; C7:L1-10). Therefore, it would have been obvious to one of ordinary skill in the art to provide the dispenser of Wexler with wherein the different visual appearance further includes a different color to effectively monitor the inventory levels of the articles to be dispensed.
Claim 16, Wexler does not disclose wherein the indicator comprises cardboard.
Kaberna discloses wherein the indicator comprises paper (para.0029; paper note placed near the last few trash bags inside dispenser indicating to the user that the supply is running low). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Wexler with wherein the indicator comprises paper to effectively monitor the inventory levels of the articles to be dispensed. Furthermore, although Kaberna does not disclose a cardboard indicator, it would have been very obvious to one of ordinary skill in the art to implement such an indicator with cardboard since it is a routine substitution of known materials that are functionally equivalent and structurally similar. In addition, changing the material does not change the basic function of the indicator; thus, choosing a sturdier material is a normal design step for a person of skill in the art.
Claim 17, Wexler does not disclose wherein the indicator includes indicia that provides instructions to guide a user to reorder a further container system.
Felix discloses wherein the indicator (102) includes indicia that provides instructions (C5:L1-65; C6:L1-65; C7:L1-10) to guide a user to reorder a further container system (the visibility of the indicator and its indicia informs the user it's time to reorder). Therefore, it would have been obvious to one of ordinary skill in the art to provide the dispenser of Wexler with wherein the indicator includes indicia that provides instructions to guide a user to reorder a further container system to effectively monitor the inventory levels of the articles to be dispensed.
Claim 20, Wexler does not disclose wherein the first and second plurality of gloves to be dispensed comprise a total number of items, the indicator being positioned such that the indicator is removed when at least 50% of the total number of items have been removed.
Felix discloses wherein the first (items above 212, fig.2) and second (fig.2; items below 212; C5:L50-67) plurality of items to be dispensed comprise a total number of items, the indicator (102) being positioned such that the indicator (102) is removed when at least 50% of the total number of items have been removed (fig.2; C5-C6). Therefore, it would have been obvious to one of ordinary skill in the art to provide the dispenser of Wexler with wherein the first and second plurality of gloves to be dispensed comprise a total number of items, the indicator being positioned such that the indicator is removed when at least 50% of the total number of items have been removed to effectively monitor the inventory levels of the articles to be dispensed.
Claim 6 rejected under 35 U.S.C. 103 as being unpatentable over Wexler et al. (US 2020/0405103) in view of Felix et al. (US 10,694,902) in view of Kaberna (US 2010/0276427) in view of Mitchell et al. (US 2022/0027841).
Claim 6, Wexler in view of Felix in view of Kaberna do not disclose wherein the indicia includes printed machine readable code, the machine readable code configured to guide a user to an interface to reorder the further container system.
Mitchell discloses wherein the printed machine readable code (machine readable code has to be printed inherently for it to be readable apparently) configured to guide a user to an interface to reorder the product (see abstract). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date to provide the dispenser of Wexler in view of Felix in view of Kaberna with wherein the indicia includes printed machine readable code, the machine readable cade configured to guide a user to an interface to reorder the further container system simply to effectively and efficiently manage the inventory with an inventory management system.
Claim 18 rejected under 35 U.S.C. 103 as being unpatentable over Wexler et al. (US 2020/0405103) in view of Felix et al. (US 10,694,902) in view of Kaberna (US 2010/0276427) in view of Zwick et al. (US 7,934,597) in view of Mitchell et al. (US 2022/0027841).
Claim 18, Wexler in view of Felix in view of Kaberna in view of Zwick do not disclose wherein the indicia includes printed machine readable code, the machine readable code configured to guide a user to an interface to reorder the further container system.
Mitchell discloses wherein the printed machine readable code (machine readable code has to be printed inherently for it to be readable apparently) configured to guide a user to an interface to reorder the product (se abstract). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date to provide the dispenser of Wexler in view of Felix in view of Kaberna in view of Zwick with wherein the indicia includes printed machine readable code, the machine readable code configured to guide a user to an interface to reorder the further container system simply to effectively and efficiently manage the inventory with an inventory management system.
Claim 7 rejected under 35 U.S.C. 103 as being unpatentable over Wexler et al. (US 2020/0405103) in view of Felix et al. (US 10,694,902) in view of Kaberna (US 2010/0276427) in view of Mitchell et al. (US 2022/0027841) in view of Avakian (US 2019/0122263).
Claim 7, Wexler in view of Felix in view of Kaberna do not disclose wherein the indicia includes machine readable code that automatically orders the further container system.
Mitchell discloses wherein the machine readable code configured to reorder the product (se abstract). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date to provide the dispenser of Wexler in view of Felix in view of Kaberna with wherein the indicia includes machine readable code that orders the further container system simply to effectively and efficiently manage the inventory with an inventory management system.
Avakian discloses wherein the system automatically orders the product (para.0062; intelligent system automatically restocks the products, thus automatically orders the product). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date to provide the dispenser of Wexler in view of Felix in view of Kaberna in view of Mitchell with wherein the indicia includes machine readable code that automatically orders the further container system simply to effectively and efficiently manage the inventory with an inventory management system.
Claim 19 rejected under 35 U.S.C. 103 as being unpatentable over Wexler et al. (US 2020/0405103) in view of Felix et al. (US 10,694,902) in view of Kaberna (US 2010/0276427) in view of Zwick et al. (US 7,934,597) in view of Mitchell et al. (US 2022/0027841) in view of Avakian (US 2019/0122263).
Claim 19, Wexler in view of Felix in view of Kaberna in view of Zwick do not disclose wherein the indicia includes machine readable code that automatically orders the further container system.
Mitchell discloses wherein the machine readable code configured to reorder the product (se abstract). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date to provide the dispenser of Wexler in view of Felix in view of Kaberna in view of Zwick with wherein the indicia includes machine readable code that orders the further container system simply to effectively and efficiently manage the inventory with an inventory management system.
Avakian discloses wherein the system automatically orders the product (para.0062; intelligent system automatically restocks the products, thus automatically orders the product). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date to provide the dispenser of Wexler in view of Felix in view of Kaberna in view of Zwick in view of Mitchell with wherein the indicia includes machine readable code that automatically orders the further container system simply to effectively and efficiently manage the inventory with an inventory management system.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYODEJI H OJOFEITIMI whose telephone number is (571)272-6557. The examiner can normally be reached 8:30 AM - 5:00 PM.
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/AYODEJI H OJOFEITIMI/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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