DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are:
(see paragraph [0033]) The first and second side distal edges 157, 159 are angled relative to the longitudinal axis A-A. That is, the first and second side distal edges 157, 159 are angled downwardly moving from the front wall 152 to the rear wall 154, such that the rear wall 154 has a greater length than the front wall 152. The first and second side distal edges 157, 159 may form an engagement feature of the lid component 150 that engages an engagement member 200 and causes the engagement member 200 to move during actuation of the dispensing apparatus 100, as described in greater detail below.
(see paragraph [0033) In the exemplified embodiment, the angled nature of the first and second side distal edges 157, 159 enables the lid component 150 to engage the dispensing member 200 and cause the dispensing member 200 to move and dispense one of the sheets 50.
Examiner finds that the invention requires the features as cited above for the invention to operate. Without the features as cited above it is unclear as to how the invention operates. Such is further identified as necessary since the Figs. 9 -19 describe that the device operates similar to Figs. 1-8, yet, Figs. 9-19 do not show the angled surfaces of the lid, thus, it is unclear as to how the device of Figs. 9-19 operates and is unclear to one of ordinary skill in the art.
Claim 10 recites the limitation "the cartridge". There is insufficient antecedent basis for this limitation in the claim.
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) 1-4, 9, 14, 15, and 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh Chi Hwa (KR 101535120 B1 – hereinafter Hwa).
Re Claim 1:Hwa discloses a dispensing apparatus comprising: a housing assembly (2, 3) comprising: a longitudinal axis (see top arrow facing downwards of Fig. 4): a base component (2) comprising a dispensing slot (26); and a lid component (3) coupled to the base component (2) to define a storage cavity (see inner storage space of Fig. 3); a stack of sheets (1) comprising a benefit composition positioned in the storage cavity (see inner storage space of Fig. 3), each of the sheets in the stack (1) being oriented at an oblique angle (see Figs. 3-10 – angles created by sloped surface of 25) relative to the longitudinal axis (see top arrow facing downwards of Fig. 4) of the housing assembly (2, 3); and a dispensing member (23, 41); wherein the lid component (3) is alterable from a non-dispensing position (see Figs. 3, 5, and 6) to a dispensing position (see Fig. 4) by applying a downward axial force onto the lid component (3) relative to the base component (2) during which the lid component (3) moves the dispensing member (23, 41) from a first position (see Figs. 3, 5, and 6) to a second position (see Fig. 4) , the dispensing member (23, 41) forcing a lowermost sheet of the stack of sheets (1) through the dispensing slot (26) as the dispensing member (23, 41) moves from the first position (see Figs. 3, 5, and 6) to the second position (see Fig. 4) (see Figs. 1-10).
Re Claims 2 and 22:Hwa discloses a spring member (33) operably coupled (the spring member is operably coupled (in a manner that allows operation) through lid (3) and engagement (42) to the dispenser member (23, 41)) to the dispensing member (23, 41), and wherein upon releasing the lid component (3) after the lid component (3) has been altered into the dispensing position (see Fig. 4) the spring member (33) biases the dispensing member (23, 41) from the second position (see Fig. 4) back to the first position (see Figs. 3, 5, and 6) during which the lid component (3) is altered from the dispensing position (see Fig. 4) back to the non-dispensing position (see Figs. 3, 5, and 6).
Re Claim 3:Hwa discloses wherein the dispensing member (23, 41) moves between the first (see Figs. 3, 5, and 6) and second (see Fig. 4) positions along a dispensing path (circular arc) that is oblique relative to the longitudinal axis (see top arrow facing downwards of Fig. 4) of the housing assembly (2. 3) (see Figs. 3 and 4 - path has multiple points where the angle of movement of (23, 41) is oblique to the longitudinal axis).
Re Claim 4:
Hwa discloses wherein each of the sheets in the stack of sheets (1) comprises a rear edge which is located furthest from the dispensing slot (26), and wherein the dispensing member (23, 41) directly engages the rear edge of the lowermost sheet to force the lowermost sheet through the dispensing slot (26) as the dispensing member (23, 41) moves from the first position (see Figs. 3, 5, and 6) to the second position (see Fig. 4 – dispensing member (23, 41) contacts rear edge as part of the process of dispensing the sheet) (see Figs. 1-10).
Re Claim 9:
Hwa discloses a follower member (32) that rests atop of an uppermost sheet of the stack of sheets (1), wherein the follower member (32) moves downwardly within the storage cavity to maintain contact with the uppermost sheet as the sheets are dispensed through the dispensing slot (26) (see Figs. 1-10).
Re Claims 14, 15, 20, and 22:
Hwa discloses a dispensing apparatus comprising: a housing assembly (2, 3) comprising: a base component (2) comprising a dispensing slot (26); and a lid component (3) coupled to the base component (2) to define a storage cavity (see inner storage space of Fig. 3), the lid component (3) comprising an engagement feature (42) (see Figs. 3-4); a stack of sheets (1) comprising a benefit composition positioned in the storage cavity (see inner storage space of Fig. 3); and a dispensing member (23, 41); wherein the lid component (3) is alterable from a non-dispensing position (see Figs. 3, 5, and 6) to a dispensing position (see Fig. 4) during which the engagement feature (42) of the lid component (3) engages the dispensing member (23, 41) and causes the dispensing member (23, 41) to dispense a lowermost sheet of the stack of sheets (1) through the dispensing slot (26) (see Figs. 1-10).
Re Claim 21:
Hwa discloses wherein the lid (3) is altered from the non-dispensing position to the dispensing position by movement in a downward axial direction, and wherein altering the lid (3) from the non-dispensing position to the dispensing position causes the dispensing member (23, 41) to move within the storage cavity from a first position wherein the dispensing member (23, 41) is adjacent to a rear wall of the housing assembly (see Fig. 3 – dispensing member top portion located closer to rear) to a second position (see Fig. 4 – dispensing member top portion located closer to front) wherein the dispensing member is adjacent to a front wall of the housing assembly (see Figs. 3 and 4).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwa in view of Almeer et al. (US 7,032,775 B1 – hereinafter Almeer).
Re Claim 7:Hwa discloses wherein the housing assembly (2, 3) further comprises the storage cavity (see inner storage space of Fig. 3), defining a storage compartment within which the stack of sheets (1) is positioned, comprising a floor portion (portion adjacent 25) that is angled relative to the longitudinal axis of the housing assembly (2, 3) (see Figs. 3-10 – angles created by sloped surface of 25), and wherein the lowermost sheet of the stack of sheets rests atop of the floor portion (portion adjacent 25) of the (storage cavity), but fails to teach a cartridge located within the storage cavity.
Almeer teaches a cartridge (20) located within a storage cavity (between 11 and 26) (see Figs. 3-4). Therefore, it would have been obvious, before the effective filing date of the invention, to have been motivated to combine the teachings of Hwa with that of Almeer to allow for a stack of articles to be easily removable and refilled for a main dispensing device housing. Examiner notes the combination would allow for having the internal portion of Hwa, including the floor and ramp, to be separate from housing parts. Such would not change the principle operation of the device and would allow for changing of product as suggested by Almeer.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwa in view of Terashima et al. (US 5,673,814 – hereinafter Terashima).
Re Claim 10:
Hwa discloses wherein the housing assembly (2, 3) comprises a first mating feature (internal walls) and the follower member (32) comprises a second mating feature (external perimeter) that mates with the first mating feature (internal walls) as the follower member (32) moves downwardly within the storage cavity to substantially prevent movement of the follower member (32) in a non- axial direction (see Figs. 1-10), but fails to teach wherein the first mating feature of the cartridge is a post or a wall comprising ratchet teeth that allow the follower member to move downwardly within the storage cavity as the sheets are dispensed while substantially preventing the follower member from moving upwardly within the storage cavity.
Terashima discloses wherein a first mating feature of a cartridge is a post or a wall comprising ratchet teeth (11h) that allow a follower member (17) to move downwardly within a storage cavity as the (products) are dispensed while substantially preventing the follower member (17) from moving upwardly within the storage cavity (see Fig. 3) (see Figs. 1-11). Therefore, it would have been obvious, before the effective filing date of the invention, to have been motivated to combine the teachings of Hwa with that of Terashima to allow for a stack to be oriented at a position for dispensing, while also limiting follower movement.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwa in view of Funk et al. (US 2006/0182656 A1 – hereinafter Funk).
Re Claim 13:
Hwa discloses wherein the base component comprises a front surface along which the dispensing slot (26) is located (see Figs. 1-10), but fails to teach an annular protuberance protruding from the front surface, the annular protuberance surrounding the dispensing slot to prevent liquid and debris from passing into the dispensing slot from an exterior of the housing assembly.
Funk teaches an annular protuberance (640, 642) protruding from a front surface (at 642), the annular protuberance (640, 642) surrounding a dispensing slot to prevent liquid and debris from passing into the dispensing slot from an exterior of the housing assembly (see Figs. 15b to 15c) (see Figs. 1-26). Therefore, it would have been obvious, before the effective filing date of the invention, to have been motivated to combine the teachings of Hwa with that of Funk to provide a seal for protecting the inner contents of a container.
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwa in view of Almeer and Terashima.
Re Claims 16 and 17:
Hwa discloses wherein the housing assembly comprises a longitudinal axis (see top arrow facing downwards of Fig. 4), but fails to teach further comprising a cartridge located within the storage cavity, the cartridge defining a storage compartment within which the stack of sheets is positioned, the cartridge comprising a first mating feature and the follower member comprising a second mating feature that mates with the first mating feature as the follower member moves downwardly within the storage cavity to substantially prevent movement of the follower member in a non-axial direction.
Almeer teaches a cartridge (20) located within a storage cavity (between 11 and 26), the cartridge defining a storage compartment within which the stack of sheets is positioned (see Figs. 3-4). Therefore, it would have been obvious, before the effective filing date of the invention, to have been motivated to combine the teachings of Hwa with that of Almeer to allow for a stack of articles to be easily removable and refilled for a main dispensing device housing. Examiner notes the combination would allow for having the internal portion of Hwa, including the floor and ramp, to be separate from housing parts. Such would not change the principle operation of the device and would allow for changing of product as suggested by Almeer.
Terashima teaches a cartridge (11a, 11b) comprising a first mating feature (11h) and a follower member (17) comprising a second mating feature (19d) that mates with the first mating feature (11h) as the follower member (17) moves downwardly within a storage cavity to substantially prevent movement of a follower member in a non-axial direction (see Fig. 3) (see Figs. 1-11). Re Claim 17: Terashima teaches wherein the first mating feature (11h) comprises a post or a wall (11a, 11b) and the second mating feature (19d) comprises a hole or a notch (see notch between portions 19d of Fig. 4), wherein the post or the wall (11a, 11b) of the cartridge comprises ratchet teeth (11h) that allow the follower member (17) to move downwardly within the storage cavity as the sheets are dispensed while substantially preventing the follower member (17) from moving upwardly within the storage cavity (see Figs. 1-11). Therefore, it would have been obvious, before the effective filing date of the invention, to have been motivated to combine the teachings of Hwa with that of Almeer and Terashima to allow for a stack to be oriented at a position for dispensing, while also limiting follower movement.
Allowable Subject Matter
Claims 5, 6, 8 (may not be oblique defines perpendicular – paragraph [0059]), 12, 19 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.
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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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.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651