Final Rejection
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the limitations “a chamber” as recited in claim 1 line 2 must be shown or the feature(s) canceled from the claim(s). Elements are not shown in the claimed embodiment of Figures 14-18. No new matter should be entered. Similar issue in claim 11.
Therefore, the limitations “an actuated position” as recited in claim 1 line 6; Similar issue in claim 11.
Therefore, the limitations “spaced apart engagement arms” as recited in claim 1 line 8; must be shown or the feature(s) canceled from the claim(s). Similar issue in claim 11.
Therefore, the limitations “wherein the first body includes the pair of spaced apart engagement arms, and the second body includes the anvil” as recited in claim 3 lines 1-2 must be shown or the feature(s) canceled from the claim(s). In the provided drawings in Figure14 the anvil is disposed on the first body and the spaced apart engagement arms are disposed on the second body not the opposite as claimed.
Therefore, the limitations “wherein the second body is movable between a non-rotatable configuration and a rotatable configuration” as recited in claim 6 lines 1-2 must be shown or the feature(s) canceled from the claim(s).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “738” has been used to designate both “movable actuator,” “actuator” and “spaced apart engagement arms”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1,2 and 9 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Shanahan (US 2023/0304638 A1).
Referring to claim 1. Shanahan discloses a light stick-dispensing magazine (100; Figure 1) comprising:
a first body (102) defining a chamber (interior of 102) configured to contain a plurality of light sticks (see abstract), the first body (102) defining an exit aperture (106) communicating with the chamber (interior of 102) and proximate to a light stick
feeding position (light stick stored in chamber adjacent exit aperture),
a second body (rear projecting portion attached to 100 holding member 202) pivotable relative to the first body (pivoting in and out of housing 100), the second body (rear projecting portion attached to 100 holding member 202) including a movable
actuator (202) movable between a rest position (as shown in Figure 2A) and an actuated position (when member 202 is depressed);
an anvil (portion of the body of 100 against which the light stick rests) configured for at least one of the plurality of light sticks to bend around (bends about the middle; When the actuating button 109 is depressed, the inward pressure caused by the actuating rod springs also forces a chemical light stick to bend across the actuating rod 506 causing the chemical light stick to become broken; Para. [0018]); and
wherein the pair of spaced apart engagement arms (two plungers 202; The actuating button 109 is mechanically connected to two actuating plungers 202 located on each side of the actuating button 109; Para. [0016]) are operable to flex the at least one of the plurality of light sticks (bending about the middle of the light stick; When the actuating button 109 is depressed, the inward pressure caused by the actuating rod springs also forces a chemical light stick to bend across the actuating rod 506 causing the chemical light stick to become broken; Para. [0018]) occupying the light stick feeding position against the anvil to fracture an internal element (break the light stick), and wherein the internal element of the light stick is actuated by being fractured in response to movement of the movable actuator from the rest position to the actuated
position (the actuating rod 506 causing the chemical light stick to become broken and the chemicals in the light stick to become activated; Para. [0018].
Referring to claim 2. Shanahan discloses a light stick-dispensing magazine (100; Figure 1) comprising:
wherein the second body (rear projecting portion attached to 100 holding member 202) includes the pair of spaced apart engagement arms (two plungers 202), and wherein the first body (102) includes the anvil (portion of the body of 100 against which the light stick rests).
Referring to claim 9. Shanahan discloses a light stick-dispensing magazine (100; Figure 1) comprising:
wherein a first side (side of anvil facing member 105; Figure 5A) of the anvil (portion of the body of 100 against which the light stick rests) facing away from the chamber (interior of 100) includes a convex palm swell (see shape of 105; Figure 2A).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior 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.
Claims 3,4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Shanahan (US 2023/0304638 A1)(alone).
Referring to claim 3. Shanahan does not disclose a light stick-dispensing magazine (100; Figure 1) comprising: the first body includes the pair of spaced apart engagement arms, and wherein the second body includes the anvil.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Shanahan to include the first body includes the pair of spaced apart engagement arms, and the second body includes the anvil, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Referring to claims 4 and 6. Shanahan discloses a light stick-dispensing magazine (100; Figure 1) wherein a two screw (108) arrangement configured to mount second body to the first body.
Shanahan does not disclose a light stick-dispensing magazine comprising a hinge arrangement configured to pivot of the second body around the first body.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Shanahan to include only a screw arrangement as opposed to dual screw arrangement, wherein the single screw configured to pivot of the second body around the first body because a hinge arrangement would allow the first body and the second body to remain connected while loading the apparatus.
Allowable Subject Matter
Claims 5,7,8,10 and 21-30 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. See drawing objections cited above.
Response to Arguments
Applicant's arguments filed 05/07/2026 have been fully considered but they are not persuasive in regards to the rejections of claim 1-4,6 and 9. The new claims 21-30 are allowable.
Applicant argues the drawings disclose elements objected to in the office action dated 03/31/2026. Applicant argues the first body element 612 is hollow and rectangular, thereby defining an interior passage… the interior passage is a chamber. As construed by the Office the interior passage as discloses in the specification is a passage and a chamber as claimed is a chamber for storage. It is not clear as to what part of the interior passage, central bore or the first body is the passage that is specifically claimed. A clear reference number should be provided to indicate as to what specific portion of the apparatus is to be construed as the chamber of the dispenser.
The “an actuated position” as recited in claim 1 line 6 is not shown in Applicant drawings and the specifications do not refer to any specific figures wherein the actuated position is shown as claimed.
Applicant also argues the “spaced apart engagement arms” elements 738 or 750 are shown. However, supporting member element 750 is denoted as two engagement arms and element 738 is denoted as a movable actuator. No specific element number denote the structure of spaced apart engagement arms.
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 RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM 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.
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/RAKESH KUMAR/Primary Examiner, Art Unit 3651
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