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 § 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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Schoal, Jr. (5,533,621) in view of Dijkstra (US 2014/0251853).
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Schoal, Jr. discloses an apparatus capable of transporting and displaying products, the apparatus comprising a body (defined by combination of walls 14, 16, 18, 20, 22 and 32) capable to hold products, the body having at least a top portion (defined by top surface of walls 16, 18, 20, 22 and 32) and a front portion (16); a lid/cover (42) connected to the body, the lid having a first portion and a second portion; wherein, when the body is in a closed state, the lid is configured to have the first portion of the lid covers the top portion of the body and the second portion of the lid covers at least a portion of the front portion of the body (see figure above and figure 4); and wherein, when the body is converted to a display state, at least a part of the first portion and at least a part of the second portion of the lid are repositioned capable to form a substantially self-supporting upright display panel (defined by panel pointed by reference numeral 42) extending vertically from the body (see figure above); and an opening (36) is provided in the body through which products are dispensed while said upright display panel is so formed and extending vertically (see figure above and figure 5). Schoal, Jr. does not disclose upright display panel presenting information. However, Dijkstra discloses a packaging (2) for transporting and display products including a lid (18) comprising a window opening (62) covered with a transparent label (28) visible from the inside and outside of the packaging (see [0011]-[0014]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schoal, Jr. having a label disposed on the lid/cover of the apparatus as taught by Dijkstra for informational purposes of the articles contained in the apparatus.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Schoal, Jr. (5,533,621) and Dijkstra (US 2014/0251853) as applied to claim 1 above, and further in view of Pehr (US 6,349,849).
Schoal, Jr. discloses the body lacks a serrated edge. Schoal, Jr. discloses the product to be dispensed comprises a roll (26) of severable sheets (27) wound together (see column 2 lines 37-43), wherein when the user needs to remove a sheet, he or she can grasp the sheet and pulls the sheet from the slot until a perforation on the sheet is adjacent to the slot, then the user tears the sheet to separate the sheet from the roll (see column 3 lines 27-33). Schoal, Jr. does not disclose the front portion including a slot that resists dispensing of the products, as required. However, Pehr discloses a tissue dispenser (1) comprising slots (34 and 35) in front and top surfaces of the dispenser, and the slots comprising thin plastic layers (46 and 47) that resists dispensing of the product when stored and allows dispensing of the product with minimal force. Pehr discloses the thin plastic layers grips a tissue without tearing as it is withdrawn (see column 3 lines 54-64). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schoal, Jr. and Dijkstra with an additional slot in the front of the apparatus as taught by Pehr because a mere duplication of parts is within the knowledge of an ordinary artisan in the art to have multiple areas of dispensing the product. With respect to the structure that resists dispensing of the product, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schoal, Jr., Dijkstra and Pehr having the slots with the thin plastic layer as taught by Pehr to prevent unintended dispensing of the product from the apparatus.
Claims 1, 2, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Brouillette (WO 2015/149161) in view of Dijkstra (US 2014/0251853) and Pehr (US 6,349,849).
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Claim 1
Brouillette discloses an apparatus capable of transporting and displaying products, the apparatus comprising a body capable to hold products, the body having at least a top portion and a front portion; a lid connected to the body, the lid having a first portion and a second portion; wherein, when the body is in a closed state, the lid is configured to have the first portion of the lid covers the top portion of the body and the second portion of the lid covers at least a portion of the front portion of the body (see figure above); and wherein, when the body is converted to a display/open state, at least a part of the first portion and at least a part of the second portion of the lid are capable to be repositioned to form a substantially self-supporting upright display panel (defined by first and second portions of the lid) extending vertically from the body (see figure 15c), and an opening provided in the first portion of the lid (see figure above). Brouillette does not discloses the upright display panel presenting information; and an opening provided in the body through which products are dispensed while said upright display panel is so formed and extending vertically. However, Dijkstra discloses a packaging (2) for transporting and display products including a lid (18) comprising a window opening (62) covered with a transparent label (28) visible from the inside and outside of the packaging (see [0011]-[0014]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schoal, Jr. having a label disposed on the lid/cover of the apparatus as taught by Dijkstra for informational purposes of the articles contained in the apparatus. Regarding the limitation of the opening in the body, Pehr discloses a tissue dispenser (1) comprising slots (34 and 35) in front and top surfaces of the dispenser (see figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schoal, Jr. and Dijkstra with an additional slot in the front of the apparatus as taught by Pehr because a mere duplication of parts is within the knowledge of an ordinary artisan in the art to have multiple areas of dispensing the product. After Brouillette is modified by Pehr, the lid will be capable to extend vertically with respect to the body while the product is dispensed through the slot of the front portion.
Claim 2
Brouillette further discloses the lid includes a horizontal fold line (defined by fold line between panels 110 and 112 in figure 15E) that demarcates the first portion from the second portion of the lid, when the body is in the closed state, a plane of the first portion of the lid is substantially orthogonal to a plane of the second portion of the lid (see figure 15E), and when the body is converted to the display/open state, the first portion of the lid and the second portion of the lid are pivoted relative to each other about the horizontal fold line such that at least a part of the first portion of the lid becomes substantially coplanar with at least a part of the second portion of the lid to cooperatively form the substantially self-supporting upright display panel (see figure 15C).
Claim 9
Brouillette further discloses the body lacks a serrated edge. Brouillette does not disclose the front portion including a slot that resists dispensing of the products, as required. However, Pehr discloses a tissue dispenser (1) comprising slots (34 and 35) in front and top surfaces of the dispenser, and the slots comprising thin plastic layers (46 and 47) that resists dispensing of the product when stored and allows dispensing of the product with minimal force. Pehr discloses the thin plastic layers grips a tissue without tearing as it is withdrawn (see column 3 lines 54-64). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Brouillette, Dijkstra and Pehr having the slots with the thin plastic layer as taught by Pehr to prevent unintended dispensing of the product from the apparatus.
Claim 10
Brouillette further discloses the front portion of the body includes at least one closure slot (defined by slot where tabs 112a are inserted between panels 108a and 108b of the body) located near a bottom edge thereof, and the lid further comprises a tip having at least one tab (112a) configured for releasable insertion into the at least one closure slot to secure the body in the closed state, thereby allowing the apparatus to be repeatedly opened into the display state and re-closed (see figures 15C-15E and [0051]).
Claims 13, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Brouillette (WO 2015/149161) in view of Pehr (US 6,349,849).
Claim 13
Brouillette discloses an apparatus/box (102) capable of transporting and displaying products, the apparatus comprising a body configured to hold product, the body having at least a top portion (defined by top surface of 114), a front portion (114), and a bottom portion (108c) (see figure 15B); a lid (defined by panels 110 and 112) connected to the body, the lid having a first horizontal portion (110) and a second horizontal portion (112) (see figure 15D); wherein, when the body is in a closed state, the lid is configured to have the first horizontal portion covers the top portion of the body and the second horizontal portion cover at least a portion of the front portion of the body (see figure 15E); and wherein, when the body is converted to a in a display/open state, at least a portion of the lid is capable to extend vertically to form a self-supporting display panel, the vertical extension including at least a portion of the first horizontal portion and at least a portion of the second horizontal portion, at least a portion of the lid is vertically folded such one portion of the lid (such as portions 110a and 112a) is not coplanar to another portion (panels 110 and 112) of the lid. Brouillette further discloses the lid including an opening (16) for dispensing a product (see figure 6). Brouillette does not discloses products are dispensed through an opening in at least one of the top portion, the front portion or the bottom portion while the apparatus is maintained in the display/open state. However, Pehr discloses a tissue dispenser (1) comprising slots (34 and 35) in front and top surfaces of the dispenser (see figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schoal, Jr. and Dijkstra with an additional slot in the front of the apparatus as taught by Pehr because a mere duplication of parts is within the knowledge of an ordinary artisan in the art to have multiple areas of dispensing the product. After Brouillette is modified by Pehr, the lid will be capable to extend vertically with respect to the body while the product is dispensed through the slot of the front portion.
Claim 16
Brouillette further discloses the front portion includes a slot (defined by slot where tabs 112a are inserted between panels 108a and 108b of the body), and the lid further comprises a tip having at least one tab (112a) configured for insertion into the at least one slot when the body is in closed state (see figures 15C-15E and [0051]).
Claim 20
Brouillette further discloses a plurality of products/bags (B) held in a continuous fashion within the body, the products having a perforation/tear off line (30) between respective ones of plurality of products for individual dispensing from the body when in the display state (see [0041]).
Allowable Subject Matter
Claim 11 and 12 are 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 filed 01/12/2026 have been fully considered but they are not persuasive. Regarding applicant’s argument with the rejection of claim 1 based on the teachings of Schoal, Jr and Dijkstra, the examiner disagrees. Schoal, Jr., figure 5, shows the lid in upright/vertical position. Nowhere in applicant’s specification is disclosed how or what structure makes the lid of the apparatus to form a substantially self-supporting upright display panel. Therefore. In same fashion the lid in applicant’s invention could be repositioned in a substantially self-supporting upright position, the lid of Schoal, Jr. could be repositioned in a substantially self-supporting upright position. Regarding applicant’s argument with respect to the teachings of Brouillette, the examiner disagrees. Brouillette discloses side panels (108b) which when the lid is in open configuration, the side panels (108b) are positioned on top of side panels (108a) which appears to help the lid in upright/vertical position. Again, as explained before, nowhere in applicant’s specification is disclosed how or what structure makes the lid of the apparatus to form a substantially self-supporting upright display panel. In response to applicant’s argument that modifying Brouilette having an additional opening/slot for dispensing the bags would destroy the intended purpose (sterility), the examiner disagrees. Applicant argued that having the lid in open state would expose the sterile bags to air, dust, and bacteria. The examiner points out that if applicant’s argument is not persuasive because the same dust, air, or bacteria could enter through the dispensing channel, therefore having a single or multiple dispensing slot only requires a simple duplication of parts. After modifying Brouillette with additional dispensing opening/slot, the sterile bags could be dispensed through different sides of the apparatus/box and the sterile bags could be dispensed either the lid is in open or closed position. After Brouillette is modified, the sterile bags could be dispensed either from the front and/or the top portion of the apparatus. Regarding applicant’s argument of the rejection for claims 2, 9, 10, 16 and 20, the reasoning for the rejection of this claims is explained in each the rejection for these claims, above. For claim 2, Brouillette discloses a fold line between panels (110 and 112). For claim 9, after any of Schoal, Jr. or Brouillette are modified with the slot including thin plastic thin plastic layers which lacks from serrated edges because no serrated edges are disclosed in any of the thin plastic layers. Regarding arguments for claims 10 and 16, the examiner points out that the panels (112a) are considered the tabs which are inserted within slots formed between panels (108a and 108b) (see [0051]) and as shown in figure 15d and 15e. Regarding arguments of claim 20, Brouillette discloses plurality of products/bags (B) having a perforation/tear off line (30) between the plurality of products as shown in figures 4 and 5 and disclosed in [0041] and [0043].
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 RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736