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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/04/2026 has been entered.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 7, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hisashi Hirata (JP H1016117 A – hereinafter Hirata) view of Paul F. Tramontina (US 6,419,113 B1 – hereinafter Tramontina) and Schutz et al. (5,950,863 – hereinafter Schutz).
Re Claim 1:
Hirata discloses a sticker dispenser comprising: a dispenser body (15), wherein the dispenser body (15) defines an inner cavity arranged along a longitudinal axis; a pusher member (18) disposed within the cavity and extending along the longitudinal axis; a sticker cartridge (9) movable within the dispenser body (15a) along the longitudinal axis, wherein an outside surface of cartridge (9) is shaped to fit into the inner cavity; and a plurality of stickers (1) arranged in a stack and disposed within the cartridge (9), wherein each sticker (1) comprises an adhesive surface (3) and a non-adhesive surface (peeling surface - 2), wherein a bottommost sticker (1) is arranged at a distal end of the cartridge (9) and a topmost sticker (1) is arranged within the cartridge (9) proximal of the bottommost sticker, wherein the cartridge (9) further comprises a reduced cross-dimension portion (at 20) at a distal end of the cartridge (9) along an inner surface of the cartridge (9), wherein the reduced cross-dimension portion (at 20) comprises one or more tabs (20) extending inwardly from the distal end of the cartridge (9), wherein the plurality of stickers (1) are arranged proximal of the one or more tabs (20), and wherein a cross-dimension of the reduced cross-dimension portion (at 20) is smaller than a cross-dimension of each of the plurality of stickers (see Fig. 7) (see Figs. 1-9), but fails to teach wherein the reduced cross-dimension portion further comprises one or more tapered wall portions extending proximally relative to respective ones of the one or more tabs, wherein the one or more tapered wall portions taper so as to extend progressively towards the longitudinal axis in the distal direction and that at least a distal portion of the one or more tapered wall portions are sized so as to progressively drive
Tramontina teaches wherein a reduced cross-dimension portion (defined by opening 32) further comprises one or more tapered wall portions (153) extending proximally relative to respective ones of the one or more tabs (at opening) (see col. 8 lines 20-51) (Examiner notes that Tramontina teaches that bumper 153 could be ribs/teeth (Examiner notes as tapered) instead), wherein the one or more tapered wall portions (153) taper so as to extend progressively towards the longitudinal axis in the distal direction and that at least a distal portion of the one or more tapered wall portions are sized so as to progressively drive flexing of some of the plurality of (sheets) in a direction along the longitudinal axis thereby longitudinally separating a central region of the (sheets) from one another and urging the central region of the lowermost (sheet) to extend longitudinally towards an outlet of the cartridge (see Figs. 1-9). 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 Hirata with that of Tramontina, to assure separate dispensing of the lowermost product while also retaining the next product to be dispensed.
Schutz teaches wherein a reduced cross-dimension portion (14, 18, 26) ) further comprises one or more tapered wall portions (34) (see Figs. 5 and 6, see Figs. 1-12). 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 Hirata with that of Tramontina and Schutz to assure separate dispensing of the lowermost product adjacent an opening while also retaining the next product to be dispensed.
Further Re Claim 7:
Hirata discloses wherein the dispenser body (15) further comprises a decorative outer surface (shaped like a box) (see Figs. 5).
Further Re Claim 8:Hirata discloses wherein the decorative outer surface comprises a sculpted shape (shaped like a box) (see Fig. 5).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata in view of Tramontina and Schutz, and further in view of Rodney W. Robbins (US 2012/0052167 A1 – hereinafter Robbins) and Melmoth W. Hunter (US 2,431,121 – hereinafter Hunter).
Re Claim 2:
Hirata in view of Tramontina and Schutz discloses the device of claim 1, but fails to teach wherein the dispenser body further comprises one or more ridges disposed on an inner surface of the cavity, wherein, when the cartridge is inserted into the cavity, the ridges engage with an outside surface of the cartridge to create an interference fit to removably and slidably secure the cartridge within the cavity.
Robbins further in view teaches wherein a dispenser body/(cartridge) (22/23) further comprises one or more ridges (40) disposed on an inner surface/(outer surface or cartridge 23) of a cavity, wherein, when the cartridge (23) is inserted into the cavity, the ridges (40) engage with an outside surface/(inner surface of dispenser body 22) of the cartridge (23) to create a fit to removably and slidably secure the cartridge (23) within the cavity. Examiner notes that the reversal of components is a skill, obvious to one of ordinary skill in the art. It would be obvious to reverse the ridges to be used on the inner surface of the dispenser body instead of the cartridge, for the device would still function with the same primary purpose, without any additional inventive skill. 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 Hirata in view of Tramontina and Schutz, with that of Robbins, to increase the ease of sliding of two telescoping reciprocal members.
Hunter teaches an interference fit (by way of 16, 17, 25a) to removably and slidably secure a (member) within a cavity (see col. 2 lines 19-34, and col. 3 lines 15-24). 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 Hirata in view of Tramontina and Schutz, with that of Robbins and Hunter to provide an interference fit which would allow for holding and sliding of an inner member.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata in view of Tramontina and Schutz and further in view of Almeer et al. (US 7,032,775 B1– hereinafter Almeer).
Re Claim 5:
Hirata in view of Tramontina and Schutz discloses the device of claim 1, but fails to teach wherein when the cartridge is inserted into the cavity, the pusher extends into the cartridge and contacts a topmost sticker of the plurality of stickers.
Almeer further in view teaches wherein when a cartridge is inserted into a cavity, a pusher (23, 24) extends into the cartridge and contacts a topmost sticker of a plurality of stickers (See Fig. 4). 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 Hirata in view of Tramontina and Schutz with that of Almeer to provide an alternative arrangement for pressing a stack for dispensing purposes which would reduce the possibility of parts not cooperating properly.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata in view of Tramontina and Schutz, Robbins, and Hunter and further in view of Theodore L. Opp (3,613,958 – hereinafter Opp).
Re Claim 6:Hirata in view of Tramontina, Schutz, Robbins, and Hunter discloses the device of claim 2, but fails to teach a flexible portion supporting the one or more ridges, wherein, when the cartridge is inserted into the cavity, the flexible portions flex outward from the cavity, and wherein an elasticity of the flexible portions is selected to provide a secure and slidable engagement with the cartridge.
Opp teaches a flexible portion (body) supporting the one or more ridges (18), wherein, when a cartridge (1) is inserted into a cavity, the flexible portions (body) flex outward from the cavity, and wherein an elasticity of the flexible portions (body) is selected to provide a secure and slidable engagement with the cartridge (1) (see Figs. 1, 5, and 6). 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 Hirata in view of Tramontina, Schutz, Robbins, and Hunter with that of Opp, to provide an alternative attachment means for two sliding parts as known within the art that would allow for secure connection of the parts without unintended movement. Examiner further notes that reversal of components to have the insert flex would be obvious in view of claim 11, as Opp teaches flexing the outer container. Reversal of components without any additional inventive skill is an obvious skill with the art.
Claim(s) 9, 10, 12, 13, 15, 18, 20, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata in view in view of Sharon Hilditch (US 2008/0161737 A1 – hereinafter Hilditch).
Re Claims 9, 10, 18, and 21:
Hirata discloses a sticker dispenser comprising: a dispenser body (15), wherein the dispenser body (15) defines an inner cavity arranged along a longitudinal axis; a pusher member (18) disposed within the inner cavity and extending along the longitudinal axis; and a replaceable sticker cartridge (9) movable within the inner cavity along the longitudinal axis, the replaceable sticker cartridge (9) comprising a plurality of stickers (1) arranged in a stack, but fails to teach one of the replaceable sticker cartridge and the dispenser body including a first one or more ridges extending away from a wall thereof, towards the other of the replaceable sticker cartridge and the dispenser body to generate an interference fit to permit the cartridge to be held in the dispenser body without slippage while also permitting the cartridge to slide in the dispenser body during stamping of the sticker dispenser on a surface so as to advance the pusher in the cartridge, wherein the first one or more ridges are positioned proximate a distal end of the one of the replaceable sticker cartridge and the dispenser body, and wherein the other of the replaceable sticker cartridge and the dispenser body includes a second one or more ridges proximate a proximal end thereof, extending towards the one of the replaceable sticker cartridge and the dispenser body.
Hilditch further in view teaches one of a replaceable cartridge (12) and a dispenser body (20) including a first one or more ridges (82) extending away from a wall thereof, towards the other of the replaceable cartridge (12) and the dispenser body (20) to generate an interference fit to permit the cartridge (12) to be held in the dispenser body (20) wherein the first one or more ridges (82) are positioned proximate a distal end of the one of the replaceable sticker cartridge (12) and the dispenser body (29), and wherein the other of the replaceable sticker cartridge (12) and the dispenser body(20) includes a second one or more ridges (34) proximate a proximal end thereof, extending towards the one of the replaceable sticker cartridge (12) and the dispenser body (20) (see paragraph [0045]) (Examiner notes that Hilditch refers to the connection as snap fit, Examiner notes that the connection is also interference fit, as the ribs are positioned to slide along the ridge (34) as seen in Figs. 1 and 2). Re Claim 22: Hilditch teaches wherein an entirety of the first one or more ridges (82 – entire member closest to 20 of Fig. 2 is closer to bottom portion of 20 than to top tip portion of 20) is closer to the distal end of the one of the replaceable sticker cartridge (12) and the dispenser body (20) than to a proximal end of the one of the replaceable sticker cartridge (12) and the dispenser body (20), and wherein an entirety of the second one or more ridges (34) is closer to the proximal end of the other one of the replaceable sticker cartridge (12) and the dispenser body (20) than to a distal end of the other one of the replaceable sticker cartridge (12) and the dispenser body (20) (see Fig. 2). 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 Hirata with that of Hilditch to allow for two telescoping parts to fit together in a manner in which they can be held firmly, but still able to slide. Such would allow for the device of Hirata to have an alternative simple connection means for its sliding cartridge and body. Examiner further notes the combination would be capable of providing without slippage while also permitting the cartridge to slide in the dispenser body during stamping of the sticker dispenser on a surface so as to advance the pusher in the cartridge by way of the parts operating as intended, in a predictable manner, obvious to one of ordinary skill in the art. The addition of Hilditch would not change the operation of Hirata, and would only enhance the connection of the telescoping parts of Hirata as taught by Hilditch.
Further Re Claims 12, 13, and 15:
Hirata discloses wherein the replaceable sticker cartridge (9) further comprises a reduced cross-dimension distal end portion (20).
Further Re Claim 20:
Hirata discloses wherein the dispenser body (15) has an open end and the cartridge extends outward axially (at opposed ends of opening end) from the open end of the dispenser body (15) both prior to and during dispensing of the bottommost sticker (see Fig. 7).
Claim(s) 11 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata in view of Hilditch and further in view of Opp.
Re Claims 11 and 17:Hirata in view of Hilditch discloses the device of claim 9, but fails to teach wherein the second one or more ridges comprise flexible ridges attached to the replaceable sticker cartridge and extending toward the inside surface of the dispenser body, and a flexible portion supporting the first one or more ridges, wherein, when a cartridge is inserted into a cavity, the flexible portion flexes outward from the cavity, and wherein an elasticity of the flexible portion is selected to provide a secure and slidable engagement with the cartridge
Opp further in view teaches a flexible portion (body) supporting the first(/second) one or more ridges (18 – flexible ridges), wherein, when a cartridge (1) is inserted into a cavity, the flexible portion flexes outward from the cavity, and wherein an elasticity of the flexible portion (body) is selected to provide a secure and slidable engagement with the cartridge (1) (see Figs. 1, 5, and 6). 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 Hirata in view of Hilditch with that of Opp, to provide an alternative attachment means for two sliding parts as known within the art that would allow for secure connection of the parts without unintended movement. Examiner further notes that reversal of components to have the insert flex would be obvious in view of claim 11, as Opp teaches flexing the outer container. Reversal of components without any additional inventive skill is an obvious skill with the art.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata in view of Hilditch and further in view of Easton.
Re Claim 14:
Hirata in view of Hilditch discloses the device of claim 12, but fails to teach wherein the reduced cross-dimension portion comprises one or more tapered wall portions.
Easton further in view teaches wherein the reduced cross-dimension portion comprises one or more tapered wall portions (10, 12) (see Figs. 5-8). 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 Hirata in view of Hilditch with that of Easton, to assure separate dispensing of the lowermost product while also retaining the next product to be dispensed.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata in view of Hilditch and further in view of Almeer et al. (US 7,032,775 B1– hereinafter Almeer).
Re Claims 16:
Hirata in view of Hilditch discloses the device of claim 9, but fails to teach wherein when the pusher extends into the cartridge and contacts a topmost sticker of the plurality of stickers.
Almeer further in view teaches wherein when a pusher (23, 24) extends into the cartridge and contacts a topmost sticker of a plurality of stickers (See Fig. 4). 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 Hirata in view of Hilditch with that of Almeer to provide an alternative arrangement for pressing a stack for dispensing purposes which would reduce the possibility of parts not cooperating properly.
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