DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejections.
Claim Rejections - 35 USC § 102
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, 3-6, 8, 10, and 12, 14-16, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazuhiro Yuya (JP 09283987 A – hereinafter Yuya).
Re Claims 1 and 15:
Yuya discloses a case (at 1) comprising: a case body (1) to accommodate a plurality of components and including a discharge port (5) through which the components are dischargeable; a guide slit (8) in the case body (1) and communicating with the discharge port (5); and a shutter (3) slidably inserted into the guide slit (8) to slide to open and close the discharge port (5); the case body (1) including a pair of inner wall surfaces (top and bottom) that face each other and define the guide slit (8) therebetween; the shutter (3) including a pair of main surfaces (top outer surface, and bottom inner surface) that face the pair of inner wall surfaces (top and bottom), respectively, and including an increased thickness portion (10) on at least one of the pair of main surfaces (top outer surface, and bottom inner surface); the increased thickness portion (10) extending in a sliding direction (O – C) in which the shutter (3) slides (see Figs. 1-17), wherein a width of each of a pair of ends of the shutter (3) is the same or substantially the same as a width of a portion of the shutter (3) between the pair of ends of the shutter (3) and spaced away from the pair of ends of the shutter (3) along a length of the shutter (3) (see Fig. 7, see Figs. 1-15).
Re Claim 3:
Yuya discloses wherein the increased thickness portion (10) is contactable with the inner wall surface that faces the increased thickness portion (10) (see Fig. 7).
Re Claims 4:
Yuya discloses wherein the shutter (3) includes the increased thickness portion (10) on each of the pair of main surfaces (see Figs. 1-15).
Re Claim 5:
Yuya discloses wherein at least within a sliding range from a position at which the shutter (3) closes the discharge port (5) to a position at which the shutter (3) leaves the discharge port (5) open, the increased thickness portion (1) is provided in correspondence (by way of operable connection) with the discharge port (10) (see Figs. 1-17).
Re Claim 6:
Yuya discloses wherein the shutter (3) has a strip-shape with a constant width (see Fig. 7); and the increased thickness portion (10) is provided at a central portion or a substantially central portion of the shutter (3) in a width direction (see Fig. 8).
Re Claim 8:
Yuya discloses wherein the increased thickness portion (10) includes a ridge (at 10) (see Fig. 15) protruding toward an interior of the case (see Fig. 15).
Re Claim 10:
Yuya discloses wherein the increased thickness portion (10) includes a vertex (at 10 – the middle point or wall of the member which extends upwards from the resto of the member) (see Fig. 8) at a center or approximate center in a width direction (see Fig. 8).
Re Claim 12:
Yuya discloses wherein the increased thickness portion (10) is positioned in a gap (near 11) (see Fig. 11).
Re Claim 14:
Yuya discloses wherein a length of the increased thickness portion (10) is less than a length of the shutter (3) (see Figs. 1-17).
Re Claim 16:
Yuya discloses wherein the increased thickness portion (10) on each of the pair of main surfaces has a same shape (3) (see Figs. 1-17).
Re Claim 19:
Yuya discloses wherein a length of the increased thickness portion (10) on each of the pair of main surfaces is less than a length of the shutter (3) (see Figs. 1-17).
Re Claim 20:
Yuya discloses wherein a plurality of the increased thickness portion (10) is provided (see Figs. 1-17) (see first portion lower level or member, and second portion the upper central portion of member).
Allowable Subject Matter
Claims 11 is allowed.
Claims 2, 7, 9, 13, 17, 18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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
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