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 .
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 “wherein said two slots are configured to be adjusted relative to positions of said two end portions of said two installation arms respectively” as recited in claim 2 in lines 2-4, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the limitations “a locking element” as recited in claim 11 in line 11, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the limitations “a retention element which comprises a mounting frame that is mounted to said frame and a retention member connected to said mounting frame and extended between said two installation arms that is adapted for extending into a receiving cavity of a subsequent shoe cover when a standby shoe cover has been dispensed from said two installation arms assuring an opening of the subsequent shoe cover is kept enlarged” as recited in claim 17 in lines 1-6, must be shown or the feature(s) canceled from the claim(s). No complete embodiment comprising the elements of claims 11,12 and 17 in shown. No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 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 and 2 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 recites the limitations “of said two installation” in lines 13 and 14. It is unclear as to what specific two installations is being recited whether the limitations refer, to the installation process, the installation arms or another member. Appropriate clarification is required.
Claim 2 recites the limitations “such that when said positions of said two installation arms and said two holding members are not aligned with each other, relative positions of said two holding members are capable of being adjusted to make said two end portions of said two installation arms being respectively engaged with said two holding members” in lines 4-6. As shown in Applicant’s Figure 11L, members 313 discloses multiple groves 310 that are spaced adjacent to each other. Installation arms 11 and 12 can be inserted within a plurality of selected groves 310. It is in the view of the Examiner, the relative positions of said two holding members are not capable of being adjusted to accept said two end portions rather the different plurality of grooves may be selected but the two holding members are not capable of being adjusted. Appropriate clarification is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,5 11 and 13 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Chen (US 2007/0163912 A1).
Referring to claim 1. Chen discloses a shoe cover dispenser device (Figure 2) for dispensing a plurality of shoe covers (200; Figure 1), comprising:
a frame (290; Figure 2);
an installation assembly (assembly adjacent member 190) installed on said frame (290), and
comprising two installation arms (160 and 161) for installing the plurality of shoe covers (200), each of the said installation arms (160 and 161) having an end portion (portion of arms adjacent member 190); and
a locking assembly (retaining mechanism configured to lock ends 180 and 181 in member 190), installed on the frame (290) and locking said two installation arms (160 and 161) of said installation assembly (assembly adjacent member 190),
comprising a locking member (clamp portions of 190) which is arranged at said end portions (portion of arms 160 and 161 adjacent member 190) of said two installation arms (160 and 161) and comprises two holding members (retaining mechanism configured to lock ends 180 and 181 in member 190) respectively provided at said two end portions (portion of arms 160 and 161 adjacent member 190) of said two installation arms (160 and 161) allowing said end portions of said two installation assembly (assembly adjacent member 190) to be locked therewith (locked into slots of 190), wherein relative positions of said two holding members (retaining mechanism configured to lock ends 180 and 181 in member 190) are configured to be adjusted to make said two end portions (portion of arms 160 and 161 adjacent member 190) of said two installation arms (160 and 161) to selectively complete a fixing of said two end portions portion of arms 160 and 161 adjacent member 190) of said two installation or release one of the plurality of shoe covers installed at said two end portion (the installation of the two installation arms can be installed or removed from the frame).
Referring to claims 5 and 13. Chen discloses a shoe cover dispenser device (Figure 2) for dispensing a plurality of shoe covers (200; Figure 1),
further comprising two stoppers (left and right portion 50; Figure 2) mounted on said two installation arms (160 and 161) respectively to prevent a subsequent shoe cover (220) of the plurality of shoe covers to retract when a standby shoe cover (120) of the plurality of shoe covers has been dispensed (removed by a user; See Figure 2) from said two installation arms (160 and 161).
Referring to claim 11. Chen discloses a shoe cover dispenser device (Figure 2) for dispensing a plurality of shoe covers (200; Figure 1), comprising:
a frame (290; Figure 2);
an installation assembly (assembly adjacent member 190) installed on said frame (290), wherein installation assembly (assembly adjacent member 190) comprises two installation arms (160 and 161) for installing the plurality of shoe covers (200), wherein each of the said installation arms (160 and 161) has a first end portion (portion of arms adjacent member 190); and
a locking assembly (retaining mechanism configured to lock ends 180 and 181 in member 190), installed on the frame (290) and locking said two installation arms (160 and 161) of said installation assembly (assembly adjacent member 190),
comprising a locking member (clamp portions of 190) which is arranged at said end portions (portion of arms 160 and 161 adjacent member 190) of said two installation arms (160 and 161) and comprises two holding members (retaining mechanism configured to lock ends 180 and 181 in member 190) each having a slot (opening in member 190 for members 180 and 181) for receiving said first end portion (portion of arms adjacent member 190) of each of said two installation arms (160 and 161), and a locking element (opening of element 190) that is movable for locking said first end portion of each of said two installation arms in said slot (clamp 190 locks the two installation arms 160 and 161 in the clamp 190).
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.
Claims 6,7,14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2007/0163912 A1) in view of Xu (US 2010/0288800 A1).
Referring to claim 6. Chen does not disclose wherein each of said two stoppers comprises a plurality of stopper claws.
Xu discloses an automatic shoe cover dispenser (Figure 1) wherein each of said two stoppers (end of left and right arms A7; Figure 13) comprises a plurality of stopper claws (left and right portions A8; Figure 13).
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 Chen to include each of said two stoppers comprises a plurality of stopper claws as taught by Xu because a plurality of claws would provide a friction member to prevent more than one shoe cover to exit per actuation.
Referring to claim 7. Xu discloses an automatic shoe cover dispenser (Figure 1) wherein each of said two stoppers (end of left and right arms A7; Figure 13) comprises a stopper head body (body of A8; Figure 13) and a plurality of stopper protrusions (downward perpendicular portion of A8) extended from said stopper head body (body of A8; Figure 13).
Referring to claims 14 and 15. Xu discloses an automatic shoe cover dispenser (Figure 1) wherein each of said two stoppers (end of left and right arms A7; Figure 13) comprises an arc-shaped arm (see arc of body of A8; Figure 13).
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.
Claims 12 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2007/0163912 A1) in view of Xu (US 2010/0288800 A1) and further in view of Dong (KR 1482862).
Referring to claim 12. Chen in view of Xu do not disclose wherein each of said two installation arms further comprises a second end portion, wherein said locking assembly further comprises a second locking member arranged to detachably lock said second end portion of each of said two installation arms.
Dong discloses an umbrella cover dispenser (Figure 3) wherein each of said two installation arms (102; Figure 3) further comprises a second end portion (end of 102 adjacent member 104), wherein said locking assembly (see Figure 5) further comprises a second locking member (104) arranged to detachably lock said second end portion (end of 102 adjacent member 104) of each of said two installation arms (102; Figure 3).
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 Chen in view of Xu to include each of said two installation arms further comprises a second end portion, wherein said locking assembly further comprises a second locking member arranged to detachably lock said second end portion of each of said two installation arms as taught by Dong the second end of the installation arms can be supported thus reducing flexing and pivoting of the ends.
Referring to claims 16-20. Dong discloses an umbrella cover dispenser (Figure 3)
further comprising a retention element (including members 104,105; Figure 3 at both sides) which comprises a mounting frame (104) that is mounted to said frame (106) and a retention member (105) connected to said mounting frame (104) and extended between said two installation arms (102) that is adapted for extending into a receiving cavity (see Figure 3) of a subsequent shoe cover (101) when a standby shoe cover (101) has been dispensed from said two installation arms (102) assuring an opening of the subsequent shoe cover is kept enlarged (see Figure 3).
Allowable Subject Matter
Claims 2-4 and 8-10 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 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 on (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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