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
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 1-4, 9-10, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leather (US PN 1,938,147).
Regarding claim 1, Leather discloses a bulk dispenser (item 1, figure 4) comprising:
a receiving socket (item 11, figure 4) with a receiving area (inside of outer shell 10 and inner shell 11, figures 2 and 4) for receiving at least a bottom portion (item xx, figure 4, portion xx can be a bottom portion depending on the orientation of container x, see figure 7) of a packaging containing (item x, figure 3) a flowable product,
a cutting element (item 62, figure 4) having a cutting edge for cutting the bottom portion (figure 4),
a cutting actuator (item 60, figure 4) for actuating the cutting element to move the cutting edge
along a piercing direction between a retracted position, in which the cutting edge is retracted from the receiving area (figure 4), and an extended position, in which the cutting edge protrudes into the receiving area so as to enter the bottom portion when the packaging is received in the receiving area (figure 4), and
along a defined trajectory, with the cutting edge being in or moving towards the extended position, to cut a bottom opening in the bottom portion when being received in the receiving socket (figure 4),
a locking element (elements 15 and 16 position and hold the can x for cutting operation, page 1, lines 84-92) for locking the packaging in the receiving socket at least in a direction parallel to the piercing direction,
a dispensing opening (openings 41, 33, figures 2 and 4) for allowing the flowable product to flow, by gravity, out of the packaging through the bottom opening cut into the bottom portion, and
a dispenser element (item 4, figure 2) to control the flow of flowable product, flowing through the dispensing opening, out of the dispenser.
Regarding claim 2, Leather discloses that the dispensing opening is surrounded by the cutting element (dispensing openings are surround by cutting element 62, figures 2 and 4).
Regarding claim 3, Leather discloses that the trajectory, in a top view of the receiving socket, follows a two-dimensional path (the cutting element 62 moves in a vertical direction and thus at least comprises a path in two dimensions).
Regarding claim 4, Leather discloses that the cutting actuator is configured for actuating the cutting element in a combined motion to move the cutting edge at least partially simultaneously along the piercing direction and along the trajectory (figures 2 and 4).
Regarding claim 9, Leather discloses that the locking element comprises structural fixing elements (rings 15 and block 16 are structural fixing elements, figure 4) protruding into the receiving area for locking the packaging, when being received in the receiving socket, at least in a direction parallel to the piercing direction.
Regarding claim 10, Leather discloses that the structural fixing elements protrude into the receiving area from opposite sides thereof (ring 15 extends into receiving area 11 from opposing sides, see figure 4)
Regarding claim 14, Leather discloses that cutting actuator is configured for manually actuating the cutting element (actuator 60 is moved via head 61 through manual operation, figure 4, page 2, lines 72-75).
Regarding claim 15, Leather discloses that the cutting actuator and the dispenser element are arranged such that they are actuable from the same side of the bulk dispenser (actuator 60 and dispenser element 4 or on the same side of the bulk dispenser, figures 2 and 4)
Regarding claim 16, Leather discloses that the two-dimensional path is a segment of a circle (the cutting element 62 comprises a circular-shaped cross-section and thus cuts a circular opening, figure 4).
Allowable Subject Matter
Claims 5-8, 11-13, and 17-19 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. The following prior arts disclose subject matter related to bulk material dispensing: US PN 2,682,357, US PN 2,893,603, US PN 3,393,838, and US PG PUB 2004/0178232.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 pm).
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, Paul Durand can be reached at 571-272-4459. 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.
/Vishal Pancholi/Primary Examiner, Art Unit 3754
Prosecution Insights