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 “spring” 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)(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.
Claim 20 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 11230426 B2 (hereinafter Martin).
Martin discloses, method of integrating a chute cover mechanism, comprising a chute cover and a slide cover, within a dispenser, comprising: aligning a top surface of a channel protruding from a surface of the chute cover with a top surface of a reservoir guide of the dispenser; attaching a clip of the chute cover to a portion of the dispenser to position the chute cover and the slide cover over an entry void of a dispensing chute of the dispenser; and inserting a dispensing reservoir into the dispenser to exert a force onto the slide cover to translate the slide cover out of alignment with the entry void (column 5, lines 21-41).
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 1-6, 7-10, 14, 15, 17 &, 19 are rejected under 35 U.S.C. 103 as being unpatentable over in view of https://www.kwsmfg.com/engineering-guides/slide-gates/ (hereinafter KWS).
Regarding claim 1, Martin discloses a chute cover mechanism for a dispenser, comprising: a chute cover comprising (Fig. 2, 150): a bias mechanism (column 6 line 65 to column 7 line 5); and a channel positioned to receive a portion of a slide cover to constrain translation of the slide cover along a plane extending parallel to a surface of the chute cover (Fig. 2, 118); a top surface of the channel protruding from the surface of the chute cover to align the top surface of the channel with a top surface of a reservoir guide of the dispenser (Fig. 2, 118); the bias mechanism comprising a slot and a bias element within the slot (column 6 line 65 to column 7 line 5); and the second member protruding from a second surface of the slide cover and positioned within the slot to apply a force to the bias element as the dispensing reservoir is inserted into the dispenser (Fig. 2, No 154), wherein: in the engaged state, the slide cover is positioned along the plane to at least partially cover the entry void of the dispensing chute (column 6 line 65 to column 7 line 5); and in the disengaged state, the slide cover is positioned along the plane such that the entry void of the dispensing chute is exposed (column 6 line 65 to column 7 line 5).
KWS discloses a clip that attaches to a portion of the dispenser to position the chute cover over an entry void of a dispensing chute of the dispenser (1); and the slide cover positioned within the channel and comprising a first member and a second member (3), the first member protruding from a first surface of the slide cover and positioned to receive a force from a dispensing reservoir to transition the chute cover mechanism from an engaged state to a disengaged state as the dispensing reservoir is inserted, via the reservoir guide, into the dispenser (2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the dispenser of Martin with the slide gate of KWS. The motivation would be to “control the flow of bulk materials”.
Regarding claim 2, Martin and KWS disclose the mechanism of claim 1. Martin further discloses wherein: the second member is positioned in the slot to receive a force from the bias element to transition the chute cover mechanism from the disengaged state to the engaged state as the dispensing reservoir is removed from the dispenser (column 6 line 65 to column 7 line 5).
Regarding claim 3, Martin and KWS disclose the mechanism of claim 1. Martin further discloses the bias mechanism comprises a spring that receives the force from the second member as the dispensing reservoir is inserted into the dispenser and applies the force to the second member as the dispensing reservoir removed (column 6 line 65 to column 7 line 5).
Regarding claim 4, Martin and KWS disclose the mechanism of claim 1. Additionally, retaining pins are well-known and routine anchoring implements used to hold things in place, including springs. Such implements are taught in the ordinary spring arts. A person of ordinary skill in the art at the time of the filing of the application would have been motivated to include a retaining pin as a design choice yielding predictable results. The substitution of a retaining pin with another spring anchoring item involves routine, conventional design and fabrication steps and would have been made with a reasonable expectation of success.
Regarding claim 6, Martin and KWS disclose the mechanism of claim 1. Martin further discloses wherein:the bias element comprises an elastic element attached within the slot (column 6 line 65 to column 7 line 5).
Regarding claim 7, Martin and KWS disclose the mechanism of claim 1. Martin further discloses wherein: to transition of the chute cover from the disengaged state, the slide cover translates along the channel, via the force from the bias element, to align the slide cover over the entry void of the dispensing chute (Figs. 4b and 5b).
Regarding claim 8, Martin and KWS disclose the mechanism of claim 1. Martin further discloses the second surface of the slide cover is orthogonal to the first surface of the slide cover (Fig. 7).
Regarding claim 9, Martin and KWS disclose the mechanism of claim 1. Martin further discloses that the chute cover and the slide cover comprise a food grade plastic material (column 10, lines 3-27).
Regarding claim 10, Martin and KWS disclose the mechanism of claim 1. KWS further discloses a first clip protrudes from a first edge of the chute cover (1); the chute cover comprises second clip that protrudes from a second edge of the chute cover; and the first clip is positioned orthogonal to the second clip (4).
Regarding claim 14, Martin and KWS disclose the mechanism of claim 1. While the claim in the instant application recites a slot with a round circular cross section, and Martin discloses a slot with a rectangular cross section, a mere change in shape is obvious absent persuasive evidence. See MPEP 2144.04.
Regarding claim 15, Martin and KWS disclose the mechanism of claim 1. Martin further discloses the slide cover comprises a first edge and a second edge opposite the first edge; and a width of the slide cover between the first edge and the second edge is 22.58-24.18 mm (column 9, lines 60-62).
Regarding claim 17, Martin and KWS disclose the mechanism of claim 1. Martin further discloses he slide cover comprises a first end and a second end opposite the first end; and between the first end and the second end, the slide cover comprises a length of 53.37 - 54.97 mm (column 9, lines 55-58).
Regarding claim 19, Martin discloses dispenser (Fig. 1), comprising: a dispensing reservoir (Fig.2, 112); a dispensing chute comprising an entry void that aligns with the dispensing reservoir when the dispensing reservoir is inserted into the dispenser along a reservoir guide (Fig. 2, 114); a chute cover mechanism that comprises: a chute cover comprising (Fig. 2, 150): a bias mechanism (column 6 line 65 to column 7 line 5); and a channel positioned to receive a portion of a slide cover to constrain translation of the slide cover along a plane extending parallel to a surface of the chute cover (Fig. 2, 118); a top surface of the channel protruding from the surface of the chute cover to align the top surface of the channel with a top surface of a reservoir guide of the dispenser (Fig. 2, 118); the bias mechanism comprising a slot and a bias element within the slot (column 6 line 65 to column 7 line 5); and the second member protruding from a second surface of the slide cover and positioned within the slot to apply a force to the bias element as the dispensing reservoir is inserted into the dispenser (Fig. 2, No 154), wherein: in the engaged state, the slide cover is positioned along the plane to at least partially cover the entry void of the dispensing chute (column 6 line 65 to column 7 line 5); and in the disengaged state, the slide cover is positioned along the plane such that the entry void of the dispensing chute is exposed (column 6 line 65 to column 7 line 5).
KWS discloses a clip that attaches to a portion of the dispenser to position the chute cover over an entry void of a dispensing chute of the dispenser; and the slide cover positioned within the channel and comprising a first member and a second member, the first member protruding from a first surface of the slide cover and positioned to receive a force from a dispensing reservoir to transition the chute cover mechanism from an engaged state to a disengaged state as the dispensing reservoir is inserted, via the reservoir guide, into the dispenser.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Martin in view of KSM in further view of https://www.desertcart.in/products/479894649-pill-pod-keychain-pill-holder-micro-sized-and-lightweight-magnetic (hereinafter Desertcart).
Martin and KWS disclose the mechanism of claim 2, but do not disclose magnets. Desertcart discloses that the bias element comprises a first magnetic element (a); the slot comprises a second magnetic element (b); and a side of the second magnetic element that faces a side of the first magnetic element comprises a polarity that matches a polarity of the side of the first magnetic element (c).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the dispenser of Martin and KWS with the magnets of Desertcart. The motivation would be to provide a well-established method to keep pills secure, but also provide “easy access” when necessary.
Allowable Subject Matter
Claims 11-13, 16, and 18 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMARI JADAN MEDDLING whose telephone number is (571)272-8178. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 5712726911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMARI J MEDDLING/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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