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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 “wherein the film is a film formed by laminating a cast polypropylene film and a biaxially oriented polypropylene film, and wherein the filter member is configured by being attached to a surface on a side of the cast polypropylene film” (claim 5) must be shown or the feature(s) canceled from the claim(s). 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 § 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) 1-3, 6, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muramatsu et al. (US 2005/0089347; “Muramatsu”).
Regarding claim 1, Muramatsu discloses a toner container 40 (Fig. 1 [0032]) comprising:
a pouch 42 configured to store toner 46 (Fig. 2A [0032]), the pouch being formed of a film (sheet; [0036]) and having an opening portion (portion of 42 that fits into cap unit 45; see Fig. 1 [0037]); and
a nozzle 51 attached to the opening portion of the pouch 42 and provided with a discharge port 52 for discharging the toner stored in the pouch outside the toner container (Fig. 1 [0037]),
wherein a filter member 47 configured to allow air to pass through and prevent the toner from passing through is provided at a part of the pouch (Figs. 1-2 [0034]).
Regarding claim 2, Muramatsu discloses the toner container according to claim 1, wherein the filter member 47 is provided at a position near an end portion of the pouch, and nearer to an end portion on an opposite side to the opening portion than to the opening portion in an aligning direction (vertical direction in Fig. 2A) of the pouch and the nozzle (see annotated Fig. 2A below).
[AltContent: arrow][AltContent: textbox (End portion of the pouch (on back vertical wall of pouch))]
Regarding claim 3, Muramatsu discloses the toner container according to claim 1, wherein the pouch has a foldable gusset portion (top wall of pouch), and wherein the filter member 47 is provided on the gusset portion (see annotated Fig. 2A above).
Regarding claim 6, Muramatsu discloses the toner container according to claim 1, further comprising a cap 45 configured to be attachable to and detachable from the nozzle 51 to cover around the nozzle (Fig. 1 [0037]), wherein the cap has a surface (bottom, flat surface of 45) extending in a (horizontal) direction intersecting with an aligning (vertical) direction of the pouch and the nozzle in a state where the cap is attached to the nozzle (Fig. 2A), and wherein the toner container is configured to stand without support when the surface of the cap is brought into contact with a horizontal plane (see Fig. 2A; as the toner container is formed with symmetry about a vertical axis, it surely will stand without support when all contents are balanced).
Regarding claim 8, Muramatsu discloses an image forming apparatus (not shown; [0003]) comprising an attachment portion 50 to which the nozzle of the toner container according to claim 1 is attachable, wherein, in a state where the nozzle is attached to the attachment portion, the filter member 47 is located above the nozzle (see Fig. 1).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muramatsu (US 2005/0089347) in view of Mulford et al. (US 2019/0193896; “Mulford”).
Regarding claim 4, Muramatsu discloses the toner container according to claim 1, wherein the filter member has a sheet shape (see Fig. 2A)
Muramatsu is silent regarding a seal layer provided on one surface of the filter member, and wherein the filter member is configured in such a manner that the seal layer is heat welded on a surface of the pouch.
Mulford is analogous art as it teaches applying a filter member/patch vent 100 to various pouches 110/200/300 (Figs. 1-3 [0022-0023]). Further, the filter member 100 has a sheet shape and a seal layer (layer of the filter contacting a wall of the pouch) provided on one surface of the filter member, which is configured in such a manner that the seal layer is heat welded (heat sealed) on a surface of the pouch ([0023]).
As Muramatsu is silent regarding a seal layer, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to turn to Mulford to determine specifics in attaching the filter to the pouch, and to configure the filter member with a seal layer and in such a manner that the seal layer is heat welded on a surface of the pouch. This would have been obvious since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results. In this instance, the predictable results would be the successful attachment of the filter to the pouch in order for the filter to function as intended.
Regarding claim 7, Muramatsu discloses the toner container according to claim 1, but fails to disclose a film-shaped seal member an end of which is fixed to the pouch, and movable between a first position to cover the filter member and a second position to expose the filter member.
Mulford is analogous art as it teaches applying a filter member/patch vent 100 to various pouches 110/200/300 (Figs. 1-3 [0022-0023]). Further, the filter member 100 includes a film-shaped seal member 410 an end of which is fixed to the pouch (via adhesive layer 430), and movable between a first position to cover the filter member and a second position to expose the filter member (Mulford Fig. 5 [0024-0025, 0031]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muramatsu (US 2005/0089347) in view of Bilal (BOPP VS CPP Films).
Regarding claim 5, Muramatsu discloses the toner container according to claim 1, but fails to disclose wherein the film is a film formed by laminating a cast polypropylene film and a biaxially oriented polypropylene film, and wherein the filter member is configured by being attached to a surface on a side of the cast polypropylene film.
Muramatsu discloses that the film of pouch 42 may comprise of a plurality of laminated sheet materials made of resin such as polyethylene or nylon or paper such that air does not flow into or out of the toner container 42 ([0036]).
Bilal teaches that biaxially oriented polypropylene film (BOPP) is a very important flexible packaging material with a wide range of applications. BOPP has high tensile strength, impact strength, and rigidity, and good transparency. Further, it is usually produced by a multi-layer composite method (i.e., laminated) in order to obtain a better overall performance, and compounding with cast polypropylene film (CPP) will obtain high gas and moisture barriers and transparency. BOPP also has good printing adaptability and is often used as the surface layer of composite film. (See highlighted sections of Bilal included herewith.)
Based on the teachings of Bilal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to form the film by laminating a cast polypropylene film and a biaxially oriented polypropylene film. One would have been motivated to make this modification in order to obtain flexible packaging material that has the desired characteristics of both BOPP and CPP, such as good printing adaptability and good moisture resistance (Bilal).
It would have further been obvious to attach the filter member to a surface on a side of the cast polypropylene film. One would have been motivated to make this modification in order to ensure that the filter member was secured to the inner layer of the pouch having good stiffness and easy heat sealing to attach the filter member, while the BOPP layer was used as the outer surface layer to receive printing and obtain exquisite appearance (Bilal).
Prior Art
The prior art made of record on form PTO-892 included herewith and not relied upon is cited as related art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLA J THERRIEN whose telephone number is (571)272-2677. The examiner can normally be reached Monday-Friday 8 am - 4 pm 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, Stephanie Bloss can be reached at (571)272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CARLA J THERRIEN/Primary Examiner, Art Unit 2852