DETAILED ACTION
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, 2, 4-6, 8-10, and 12-20 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 (at 3 – portions which extend away from tip 3a, also portion 10 is capable of being an increased thickness portion, also at 3a – portion which increases to 3) on at least one of the pair of main surfaces (top outer surface, and bottom inner surface); the increased thickness portion (at 3, at 3a) extending in a sliding direction (O – C) in which the shutter (3) slides (see Figs. 1-17).
Re Claims 2, 4, and 18:
Yuya discloses wherein the increased thickness portion (at 3) extends over an entire length of the shutter (3) in the sliding direction (Examiner notes that Fig. 1 shows a shutter member which thickness increases from the starting point of the tip of 3a all the way until the rear of the member at 10, thus, the shutter has increased thickness along an entire length) (see Figs. 1-17).
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 (at 3) portion is provided in correspondence with the discharge port (5) (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 (at 3) includes a ridge (see triangular portion which has increasing thickness, see the Fig. 1 half of the triangular portion (near 9) which is diagonally towards the inner cavity) protruding toward an interior of the case (see Fig. 1).
Re Claims 9 and 17:
Yuya discloses wherein the increased thickness portion (at 3a) has an isosceles triangular shape in a transverse cross section (see Figs. 1 and 2).
Re Claim 10:
Yuya discloses wherein the increased thickness portion (at 3, at 3a) includes a vertex (see Fig. 2 at 3a) (see Fig. 6 at 9) at a center or approximate center in a width direction (see Figs. 1-17).
Re Claim 12:
Yuya discloses wherein the increased thickness portion (at 3) is positioned in a gap (top portion at 8) (see Fig. 7).
Re Claim 13:
Yuya discloses wherein the increased thickness portion (at 3, at 3a) prevents the plurality of electronic components from falling through the gap (at 8) (see Figs. 1-17) (size makes so that components will not fit).
Re Claim 14:
Yuya discloses wherein a length of the increased thickness portion (at 3) is less than a length of the shutter (3 is less than the total of 3 and 3a, alternatively 3 and 3a is less than the total of 3, 3a, and 10, alternatively 10 is less than the total of 3 and 3a) (see Figs. 1-17).
Re Claim 16:
Yuya discloses wherein the increased thickness portion (at 3, 10) on each of the pair of main surfaces has a same shape (3 has a same shape, alternatively 10 has a same shape of rectangular) (see Figs. 1-17).
Re Claim 19:
Yuya discloses wherein a length of the increased thickness portion (at 3, at 3a) on each of the pair of main surfaces is less than a length of the shutter (3) (3a is less than 3 and 3a, alternatively 3a and 3 is less than 3a, 3, and 10) (see Figs. 1-17).
Re Claim 20:
Yuya discloses wherein a plurality (3, 3a, 10) of the increased thickness portion is provided (see Figs. 1-17).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuya.
Re Claim 3:
Yuya discloses wherein the increased thickness portion (at 3) is contactable with the inner wall surface that faces the increased thickness portion (at 3) (Examiner notes that 8 is a guide and the shutter 3 is flexible, thus the structure would allow for the shutter 3 to, at any given point, contact the inner walls while sliding through as the inner walls are there to guide. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to recognize that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuya in view of Erik de Wit (US 4,230,237 – hereinafter Wit).
Re Claim 7:
Yuya discloses wherein the shutter includes an opening to allow for opening of the discharge port; and the opening makes the increased thickness portion partially discontinuous in the sliding direction.
Wit teaches a shutter (12) includes an opening (24) to allow for opening of a discharge port (11); and the opening (24) makes an increased thickness portion partially discontinuous in a sliding direction (see Fig. 1). Therefore, it would have been obvious, before the effective filing date of the invention, to have been motivated to combine the teachings of Yuya with that of Wit to allow for alignment of apertures for dispensing to assure proper product is able to pass through.
Allowable Subject Matter
Claim 11 (as described in paragraph [0058]) is 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.
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.
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, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651