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 § 103
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 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.
Claim(s) 11, 12, 14, 16, 17, 60-74, and 76-89 is/are rejected under 35 U.S.C. 103 as being unpatentable over Page et al. (U.S. Pub. No. 2014/0027553) in view of Goodrich (U.S. Pub. No. 2018/0370702).
Regarding claims 11 & 70: Page discloses a device for dispensing expandable slit sheet paper (Figs. 1 & 2; via roll 50)., comprising: a roll of expandable slit sheet paper (via slit web of roll 50), an interior core member comprising a hollow tube (Fig. 11; via cord 80 could be replaced by core; paragraph 0079; “the cord 80 may be replaced by a rod” and/or Fig. 5; via hollow core 50c), wherein said roll of expandable slit sheet paper is wound on said interior core member (Figs. 11 & 16; via roll of web 50 around 80), a core-attachment insert member fixed to the core member such that said core-attachment insert member rotates in unison with the core member during use (Figs. 11, 14, and 15; via member 78), said core-attachment insert member including a tapered or conical portion with a frictional surface extending in an axial direction that create a firm engagement within the core member when inserted axially into an open end of the core member, see for example (Figs. 5 & 14, via 78b, tapered portion of member 78, with a “frictional” surface to hold and merge into roller 50), while the core attachment insert member (via 78) is fixed to and rotates in unison with the core member (via the hollow core 50c of roller 50), and
Wherein said core attachment insert member is configured to be inserted partly withing the interior of the core, with a portion of said core attachment insert member extending inside the interior of the core and with a portion of said core attachment insert member extending outside the interior of the core, see for example (Figs. 5, 7, 8, and 14; via portion of the insert 78 inserted inside the core of roll via 78p, while there is another portion extending outside 78f).
Page does not disclose a pressure member arranged to apply a frictional resistance to the rotation of said core member by applying pressure directly or indirectly to the core-attachment insert member.
However, Goodrich discloses similar device with the use of pressure member, see for example (Fig. 1; via bar 101), and having the pressure member moving relative to the insert while “remaining fixed” during adjustment, see for example (Fig. 1; via member 101 moves relative to the extended core insert portion 106, while being adjusted).
In respect to the amended and added limitations on 08/25/2025 referring to the use of the pressure member to be “arranged to apply a frictional resistance to the rotation of said core member by applying pressure directly or indirectly to the portion of said core-attachment insert member extending outside the interior of the core member” is nothing more than an intended use limitations of the actual claimed “pressure member”. It is noted that such intended use limitations are not given much patentable weight in the apparatus claims. Further, such intended use limitations appear to be old and know in the art, see for example Goodrich (U.S. Pub. No. 2019/0193366; via tensioning system 100).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Page’s device by the use of pressure member and having the pressure member moving relative to the insert, as suggested by Goodrich, in order to expand the web material with minimal pulling force (paragraph 0007).
Regarding claim 12: Goodrich discloses the pressure member is arranged to apply pressure directly to the core-attachment insert member, see for example (Fig. 1; via pressure member 101 pressing directly on the insert or core member 106).
Regarding claim 14: Page discloses that the ridges of said core-attachment insert member are press-fit within the core (Fig. 11; via 78 is press fit into 50c).
Regarding claim 16: Goodrich discloses that wherein said roll of expandable slit sheet paper wound on said interior core member is rotatably supported on a frame to rotate around an axis of said core member and said reciprocated pressure member is non-rotatably supported on a frame to not rotate around said axis of said core member (via roll 103 supported on frame 102) and/or Page shows interior core member supported on a frame (Fig. 50c supported in box frame 30).
Regarding claim 17: Goodrich discloses reciprocating mechanism for reciprocating the pressure member, see for example (Fig. 1; via spring 105).
Regarding claim 60: Goodrich discloses that the reciprocating mechanism includes a threaded screw (Fig. 1; via screw 104).
Regarding claim 61: Goodrich further including a threaded screw that presses the pressure member directly or indirectly against the core-attachment insert member upon rotation of the threaded screw, see for example (Fig. 1; via screw 104 pressing on bar 101).
Regarding claim 62: Goodrich further including a spring (via 103) that presses the pressure member (via 101) directly or indirectly against the core-attachment insert member (via 106).
Regarding claim 63: Goodrich discloses that the threaded screw extends through said spring (via screw 104 through spring 105).
Regarding claim 64: Goodrich discloses that the threaded screw is arranged to press said spring against said pressure member (Fig. 1; via screw 104 presses spring 103 against pressure member 101).
Regarding claim 65: Goodrich discloses the pressure member has a pressing surface that presses directly or indirectly against a contact surface of said core- attachment insert member (Fig. 1; via pressing member 101 against core 106).
Regarding claim 66: Goodrich discloses that the pressing surface is substantially flat and is reciprocated to press directly or indirectly against said contact surface of said core-attachment insert member (via the movement of 101 in respect to 106).
Regarding claim 67: Goodrich discloses that the pressing surface of said pressure member is reciprocated to press directly or indirectly against a surface of said core- attachment insert member without rotating around an axis of said core (Fig. 1; via 101 against 106).
Regarding claim 68: Goodrich discloses that the pressure member is arranged to apply a frictional resistance to the rotation of said core member by applying pressure directly or indirectly to the portion of said core-attachment insert member extending outside the interior of the core (via 101 pressing against 106, resulting on friction, intended use).
Regarding claim 69: Goodrich discloses that the pressure member is arranged to apply a frictional resistance to the rotation of said core member by applying pressure directly or indirectly to a portion of said core-attachment insert member extending outside the interior of the core (via 101 against 106; intended use).
Regarding claim 71: Goodrich discloses an imparting resistance to the rotation of said core member by applying pressure with the pressure member directly or indirectly to the core-attachment insert member (via the resistance created by pressing 101 into 106) , and pulling said roll of expandable slit sheet paper against said resistance to expand and dispense said slit sheet paper (Figs. 3-5; via the shown pulled expanded sheets).
Regarding claim 72: Goodrich discloses a step of applying pressure with the pressure member directly or indirectly to the core-attachment insert member includes pressing said pressure member with a spring (Fig. 1; via pressing bar 101 against 106 through pressing on spring 103).
Regarding claim 73: Goodrich further including manually rotating a screw to adjust pressure applied with said pressing of said pressure member with the spring (paragraph 0062; “this resistance of rotation can preferably be adjusted by the operator to a desired force via the setscrew 104”).
Regarding claim 74: Page discloses a roll of expandable slit sheet paper wound on said core member along with said core-attachment insert member press-fit into said core member are freely movable as a unit with respect to said frame, see for example (Figs. 2-5; via the shown roll 50 & insert 78).
Regarding claim 75: Page discloses the core attachment insert member includes a tapered or conical portion with ridges extending in an axial direction that creates a firm engagement withing the core member when inserted axially into the open end of the core member, see for example (Fig. 5; via extended out portions 78b and/or 78p and/or Fig. 13; via rigids 76r).
Regarding claim 76: Goodrich discloses that the core member is a paper core, (via “cylindrical paper core 106”).
Regarding claim 77: Goodrich discloses that the pressure member is arranged to apply a frictional resistance to the rotation of the core member by applying pressure directly to a surface of the core attachment insert member that rotates along with rotation of the roll, see for example (Fig. 1; via 101 applying pressure directly against the extended-out portion of the core cylinder 106, with is equivalent to the claimed insert).
Regarding claim 78: Page discloses that the core member is tubular and wherein a central region of the core member between the open end of the core member and an opposite end of the core member is free of anything connected to the core-attachment insert, see for example (Figs. 2-5 & 11; note the intended use limitations “free of anything” are not given much patentable weight).
Regarding claim 79: Page discloses that the core member is tubular and wherein a central region of said core member between said open end of said core member and an opposite end of said core member is empty and free of anything connected to said core-attachment insert, see for example (Figs. 2-5 & 11; note the intended use limitations “empty and free of anything” are not given much patentable weight).
Regarding claim 80: Goodrich discloses the spring is made with metal (via spring 105; inherently metal spring).
Regarding claim 81: Goodrich discloses that the said spring is a coiled spring (Fig. 1; via coiled spring 105).
Regarding claim 82: Page discloses that frame includes two lateral sidewalls and two shafts extending between said two lateral side walls, see for example (Figs. 2-5; via the shown side walls of box 30 with two shafts 64 & 76 acting like a shaft).
Regarding claim 83: Page discloses that the two lateral side walls are made with metal (Fig. 5; via box 30 and/or paragraph 0022 “In other embodiments, the box is formed of… metal”).
Regarding claim 84: Page discloses that the two lateral side walls are on opposite sides of said interior core member, see for example (Fig. 5; via the two opposite walls of box 30 are in opposite sides of the core 50c).
Regarding claim 85: Page discloses that the core-attachment insert member includes a cylindrical portion adjacent said tapered or conical portion, see for example (Fig. 5; via tapered section of insert 78 and its cylindrical shape and/or cylindrical portion W or 76).
Regarding claim 86: Page discloses that the portion of said core-attachment insert member extending inside the interior of the core member includes said tapered or conical portion (via tapered portion 78p of insert 78) and wherein said portion of said core-attachment insert member extending outside the interior of the core member includes said cylindrical portion (via the outside portion of 78 having cylindrical shape).
Regarding claims 87 & 88: Page discloses that the core-attachment insert member is supported on said frame having an opening by said core-attachment insert member having an opening that receives a support member that is supported by said frame, see for example (Figs. 7-10; insert 78 supported in box frames with an opening via 30 by supports 72/74).
Regarding claim 89: Page discloses that the opening that receives the support member extends into a center of an end of said cylindrical portion of said core- attachment insert member, see for example (Fig. 5; via the shown inside opening of farm 30 to receive support members 72/74).
Response to Arguments
Applicant’s arguments with respect to claim(s) 11, 12, 14, 16, 17, 60-74, and 76-89 have been considered but are moot because the new ground of rejection adjusted in response to the latest filed amendment and addressing the newly added limitations.
Applicant argues that the applied art of Goodrich ‘366 does not disclose an “insert” that is “inserted” into the core member. The Office might agree with applicant that ‘702 may not suggest the claimed “insert”, but the Office believes that as explained above such claimed “insert” was clearly suggested by the main applied art of Page ‘553 (Figs. 11, 14, and 15; via insert member 78). It is noted that ‘702 was only provided to show such use of pressure member impacting on rotation of core member is old and known.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it is believed that since both applied arts of ‘553 and 702 related to dispensing and mechanism of rotating a web roller, it would have been obvious to modify one over the other as desired. In this particular case, it would have been obvious to one having ordinary skill in the art, to have modified 366’s device by the use of pressure member and having the pressure member moving relative to the insert, as suggested by ‘702, in order to expand and dispense the web material with minimal pulling force (paragraph 0007).
As set forth above and in response to applicant’s argument that the applied arts do not suggest the amended claims referring to the use of the pressure member to be “arranged to apply a frictional resistance to the rotation of said core member by applying pressure directly or indirectly to the portion of said core-attachment insert member extending outside the interior of the core member” is nothing more than an intended use limitations of the actual claimed “pressure member”. It is noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Further, such intended use limitations appear to be old and know in the art, see for example Goodrich (U.S. Pub. No. 2019/0193366; via tensioning system 100).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731