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 .
Response to Preliminary Amendment
Receipt is acknowledged of a preliminary amendment, filed on 27 June 2024, which has been placed of record and entered in the file.
Status of the claims:
Claims 21-40 are pending for examination.
Claims 1-20 are canceled.
Claims 21-40 are new.
Specification and Drawings:
Amendments to the specification have been submitted with the preliminary amendment filed on 27 June 2024.
Amendments to the drawings have not been submitted with the preliminary amendment filed on 27 June 2024.
Priority
Acknowledgment is made of applicant's claim for priority under 35 U.S.C. § 119. The certified copy has been received in this national stage application from the International Bureau (PCT Rule 17.2(a)).
Information Disclosure Statement
Receipt is acknowledged of an Information Disclosure Statement, filed 27 June 2024, which has been placed of record in the file. An initialed, signed and dated copy of the PTO-1449 or PTO-SB-08 form is attached to this Office action.
Response to Substitute Specification
Receipt is acknowledged of a substitute specification, filed 27 June 2024, which has been placed of record and entered in the file.
Claim Objections
Claim 31 is objected to because in line 5, the phrase “wearable element” should be changed to --wearable support element-- to avoid ambiguity. Appropriate correction is required.
Claim 37 is objected to because in line 8, the phrase “wearable element” should be changed to --wearable support element-- to avoid ambiguity. Appropriate correction is required.
Claim 38 is objected to because in lines 6, 9, 10 and 15, for each occurrence, the phrase “wearable element” should be changed to --wearable support element-- to avoid ambiguity. Appropriate correction is required.
Claim 39 is objected to because in line 2, the phrase “wearable element” should be changed to --wearable support element-- to avoid ambiguity. Appropriate correction is required.
Claim 40 is objected to because it depends from an objected to claim.
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 22-25, 27-32, 35 and 36 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.
Regarding claim 22, line 7, the use of the term “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 23, line 1, “said flexible connection portion” lacks proper antecedent basis, and it is suggested that such be changed to --said at least one flexible portion-- to be consistent with the recitation found in claim 21.
Regarding claim 23, lines 8 and 9, “said first flexible connection portion” lacks proper antecedent basis, and it is suggested that such be changed to --said at least one flexible portion-- to be consistent with the recitation found in claim 21.
Regarding claim 24, line 1, “said flexible connection portion” lacks proper antecedent basis, and it is suggested that such be changed to --said at least one flexible portion-- to be consistent with the recitation found in claim 21.
Regarding claim 25, line 1, “said flexible connection portion” lacks proper antecedent basis, and it is suggested that such be changed to --said at least one flexible portion-- to be consistent with the recitation found in claim 21.
Regarding claim 27, line 6, the use of the term “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 27, line 10, “said at least one longitudinal frame” lacks proper antecedent basis, and it is suggested that such be changed to --said longitudinal frame-- to be consistent with the recitation found in claim 21.
Regarding claims 28-30, each claim is rejected because it depends from a claim rejected under 35 USC 112(b).
Regarding claim 31, line 8, “said flexible connection portion” lacks proper antecedent basis, and it is suggested that such be changed to --said at least one flexible portion-- to be consistent with the recitation found in claim 27.
Regarding claim 31, line 10, “said resting position” lacks proper antecedent basis. It is not clear, but perhaps “said resting position” should be changed to --said stroke-end position--.
Regarding claim 35, line 12, “said fixing element” is ambiguous as line 10 recites a “plurality of said at least one fixing element”, and it is suggested that such be change to --one of said plurality of said at least one fixing element-- to be consistent with the recitation found in line 10.
Regarding claim 36, line 2, “said fixing element” is ambiguous and it is suggested that such be change to --said at least one fixing element-- to be consistent with the recitation found in line 10.
These and any other informalities should be corrected so that the claims may particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention, as required by 35 U.S.C. § 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
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.
Claims 21, 24, 26 and 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suter (US 3921936).
Regarding claim 21, the Suter reference discloses a wearable packaging film dispenser assembly (figs. 1 and 2, col. 3, lines 3-20) comprising
a dispenser for packaging film reels (reel 20 adapted for holding a roll of tape, and the tape may be read as a packaging film),
wherein said dispenser (20) is adapted to rotatably support a packaging film reel (tape 26 on hub 24) for wrapping/packaging a load (the tape roll 26 is fully capable of being used to wrap or package a load), and
a wearable support element (strap 10) configured to connect said dispenser (20) (figs. 3 and 5, col. 2, lines 23-45) to a user and to support said dispenser (20) leaving the hands of said user free (fig. 1), wherein said wearable element (10) comprises at least one flexible portion (leather strap) adapted to be connected to said user (fig. 1),
wherein said dispenser (20) is reversibly connected to said wearable support element (10) by reversible connection means (fig. 5, stud 14, washers 15 and 16, cap screw 21).
Regarding claim 24, the Suter reference discloses the assembly according to claim 21, wherein said flexible connection portion comprises a first band (13a) and a second band (13b), wherein said first band (13a) and said second band (13b) are reversibly connected (14, 15, 16, 21) to the dispenser (20) spaced apart from each other extending along respective directions.
The recitation “to be connected to said user in at least two areas of said user supporting the dispenser adjacent to a leg of the user, wherein said first band is configured to be connected to the belt of said user and/or a shoulder of said user or a thigh of said user, and wherein said second band is configured to be connected to a thigh of said user or an ankle or a calf of said user” is a statement of intended use of the dispenser. The recited “to be connected …” recitation is fully capable of being performed by the Suter device if so desired.
Regarding claim 26, the Suter discloses the assembly according to claim 21, wherein said reversible connection means (14, 15, 16, 21) comprise at least one male element (14) and at least one female element (21) connected to said dispenser (20) and said wearable support element (10), respectively, or vice versa, wherein said at least one male element (14) and said at least one female element (21) are reversibly connected to each other by shape coupling or by engagement.
Regarding claim 37, the Suter reference discloses a wearable packaging film dispenser assembly (figs. 1 and 2, col. 3, lines 3-20) comprising
a dispenser for packaging film reels (reel 20 adapted for holding a roll of tape, and the tape may be read as a packaging film),
wherein said dispenser (20) is adapted to rotatably support a packaging film reel (tape 26 on hub 24) for wrapping/packaging a load (the tape 26 is fully capable of being used to wrap or package a load), and
a wearable support element (strap 10) configured to connect said dispenser to a leg of a user and to support said dispenser (20) leaving the hands of said user free (fig. 1) and so as to arrange a rotation axis, with respect to which the packaging film reel (24) is rotatable, incident and/or transverse to a ground on which the load rests directly or indirectly, wherein said wearable element (10) comprises at least one flexible portion (leather strap) adapted to be connected to said user, wherein said dispenser (20) is reversibly connected to said wearable support element (10) by reversible connection means (fig. 5, stud 14, washers 15 and 16, cap screw).
The recitation “configured to connect said dispenser to a leg of a user” is a statement of intended use and is fully capable of being performed by the Suter device.
The recitation “is rotatable, incident and/or transverse to a ground on which the load rests directly or indirectly” is a statement of intended use and is fully capable of being performed by the Suter device.
Allowable Subject Matter
Claims 22, 23, 25, 27-32, 35 and 36 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Claims 33 and 34 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.
Claims 38-40 are objected for the reasons set forth above, but would be allowable if rewritten to overcome the objections set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed on the attached form (PTO-892) are cited to show dispensing devices and methods of using dispensing devices. All are cited as being of interest and to show the state of the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN F. GERRITY whose telephone number is (571)272-4460. The examiner can normally be reached Monday - Friday (7:30-4:00).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thanh Truong can be reached at 571-272-4472. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN F. GERRITY/Primary Examiner, Art Unit 3731 4 August 2025