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 .
Claim Rejections - 35 USC § 102
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.
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 1-2,8-11,22 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ash Jr. (US 5,826,746).
Claim 1, Ash discloses an article supply device comprising: a body portion (10) including a front face portion (fig.4; left & right face portions), a back face portion (fig.11; back face where straps are), and a bottom face portion (fig.11; bottom face portion near 41); an operating portion (18) that is located on the front face portion (fig.4; left & right face portions) and enables operation for supplying an article; and a supply port (by 45; fig.4) that is located on the front face portion (fig.4; left & right face portions) and through which the article in the device can be supplied, wherein the body portion (10) can be held with the bottom face portion (fig.11; bottom face portion near 41) lifted.
Claim 2, Ash discloses wherein the body portion is provided with a holding portion (20) that enables the body portion (10) to be held with the back face portion (fig.11; back face where straps are) facing a front, a back, or a side of a torso of a human body.
Claim 8, Ash discloses wherein the holding portion (20) includes a first holding portion (22; left portion 25) and a second holding portion (22; right portion 25; fig.11), and the first holding portion and the second holding portion are located at a certain distance apart (see fig.11).
Claim 9, Ash discloses wherein a length of a long side of the first holding portion (22; left portion 25) and a length of a long side of the second holding portion (22; right portion 25) are adjustable (via adjustable straps 21).
Claim 10, Ash discloses wherein each of the first holding portion (fig.11; left portion 25) and the second holding portion (fig.11; right portion 25), together with the back face portion (fig.11; back face where straps are), forms a ring, and a length of the ring is adjustable (adjustable via adjustable straps 26).
Claim 11, Ash discloses wherein the body portion (10; portions of 10 are provided with rectangular rigid panels to stiffen and reinforce the walls) is composed of a hard material, and the first holding portion (fig.11; left portion 25) and the second holding portion (fig.11; right portion 25) are composed of a soft material (see fig.11; both are composed inherently composed of soft material).
Claim 22, Ash discloses a support device (48) capable of supporting the article supply device, wherein the support device (48) is configured to be in contact with an outer surface of the body portion (10) when supporting the article supply device (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.
Claims 3-7 rejected under 35 U.S.C. 103 as being unpatentable over Ash Jr. (US 5,826,746) in view of You (US 2023/0320476).
Claim 3, Ash does not disclose wherein the back face portion (fig.11; back face where straps are) includes a cushioning member.
You discloses wherein the back face portion (140) includes a cushioning member (122). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Ash with wherein the back face portion includes a cushioning member in order to provide comfort to the user whilst carrying the backpack.
Claim 4, Ash does not disclose the cushioning member has an uneven surface.
You discloses the cushioning member (122) has an uneven surface. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Ash with the cushioning member has an uneven surface in order to provide comfort to the user whilst carrying the backpack.
Claim 5, Ash discloses wherein a first end portion (fig.11; top portion of 20) and a second end portion (fig.11; near 25) of the holding portion (20) are attached at different positions on the back face portion (fig.11; back face where straps are).
Claim 6, Ash discloses wherein the body portion (10) includes an upper face portion (fig.11; upper portion of 10), the first end portion (fig.11; top portion of 20) of the holding portion (20) is attached to the upper face portion or a vicinity of the upper face portion, and the second end portion (fig.11; near 25) of the holding portion (20) is attached to the bottom face portion or a vicinity of the bottom face portion (fig.11; bottom face portion near 41).
Claim 7, Ash discloses wherein the body portion (10) includes a side face portion (40,40; fig.3), and the first end portion (fig.11; top portion of 20) and the second end portion (fig.11; near 25) of the holding portion (20) are attached at different positions.
Although Ash does not disclose first end portion (fig.11; top portion of 20) and the second end portion (fig.11; near 25) of the holding portion (20) are attached at different positions on the side face portion (40,40), it would have been obvious to one of ordinary skill in the art before the effective filing date to implement such a configuration because it merely requires rearranging the components of the device disclosed by Ash since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claims 12-18 rejected under 35 U.S.C. 103 as being unpatentable over Ash Jr. (US 5,826,746)
Claim 12, although Ash does not explicitly disclose wherein the soft material (left & right portion 25; see fig.11; both are composed inherently composed of soft material) is fabric, Ash does disclose wherein portions of the pouch (37) are formed of flexible fabric. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Ash with wherein the soft material is fabric because the use of such fabric material is very well-known in the art and does not impart any novelty on the claim limitation.
Claim 13, Ash discloses wherein the body portion (10) is configured such that in a state in which the body portion is held, the upper face portion (fig.11; upper portion of 10) is lower than back of a head of a human body (this depends on the proportions of the human using the backpack) holding the body portion (10).
Claim 14, Ash discloses wherein the body portion (10) and the holding portion (20) form a backpack configuration (fig.11).
Claim 15, Ash discloses wherein the operating portion (18) is operable in a state in which the body portion is held.
Claim 16, Ash discloses wherein the body portion (10) is configured such that a position of the supply port (fig.4; by 45) can be changed in a state in which the body portion (10) is held (a user can hold the body portion and subsequently change the position of the supply port by simply shifting the container inside the backpack that stores articles to be dispensed).
Claim 17, Ash discloses wherein the body portion (10) includes an attachable and detachable article storage (see figs.5-11; removable receptacle), and the article storage allows a position of the article contained to be changed in a state in which the body portion is held.
Claim 18, Ash discloses wherein the article storage (see figs.5-11; removable receptacle) is attachable and detachable in a state in which the body portion (10) is held.
Claims 19-21 rejected under 35 U.S.C. 103 as being unpatentable over Ash Jr. (US 5,826,746) in view of Lagassey et al. (US 7,418,311).
Claim 19, Ash does not disclose wherein the body portion (10) includes a payment validation portion on the front face portion (fig.4; left & right face portions), and the payment validation portion is capable of validating payment in a state in which the body portion is held.
Lagassey discloses a payment validation; and the payment validation portion is capable of validating payment (23; portable dispensing is enabled once payment has been confirmed) in a state in which the body portion (10) is held. Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Ash with a payment validation portion on the front face portion, and the payment validation portion is capable of validating payment in a state in which the body portion is held because such configuration is very well-known in the art for mobile dispensing devices and does not impart any novelty on the claim limitation.
Claim 20, Ash discloses wherein the article supplied is allowed to be taken out of the supply port (by 45; fig.4) in a state in which the body portion (10) is held.
Claim 21, Ash discloses wherein at least the bottom face portion (fig.11; bottom face portion near 41) of the body portion (10) has a flat surface (fig.11).
Claim 23 rejected under 35 U.S.C. 103 as being unpatentable over Ash Jr. (US 5,826,746) in view of Trunsky (US 2003/0029881).
Claim 23, Ash does not disclose a collecting portion into which a container of the article supplied from the article supply device can be collected, wherein the collecting portion is configured to be held at a position close to the body portion such that a container of the article supplied can be collected into the collecting portion.
Trunsky discloses a collecting portion (12) into which a container of the article supplied from the article supply device (11) can be collected, wherein the collecting portion (12) is configured to be held at a position close to the body portion (18) such that a container of the article supplied can be collected into the collecting portion (12). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Ash with a collecting portion into which a container of the article supplied from the article supply device can be collected, wherein the collecting portion is configured to be held at a position close to the body portion such that a container of the article supplied can be collected into the collecting portion in order to have a used article receptacle unit which would prevent littering the environment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYODEJI H OJOFEITIMI whose telephone number is (571)272-6557. The examiner can normally be reached 8:30 AM - 5:00 PM.
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/AYODEJI H OJOFEITIMI/Examiner, Art Unit 3651
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