DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the ground(s) of rejections.
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.
Claim 5 is 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 5 appears to claim an additional main body portion when a main body portion has already been claimed in claim 1.
Claim 14 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.
Allowable Subject Matter
Claims 1-5, 7-10, 12, and 13 allowed.
Claims 14-17 and 20-22 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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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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
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