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 .
Response to Amendment
Applicant's amendment, of 1-21-2026, was entered. Claims 12-30 were withdrawn. Claims 1-5, and 7-11 are pending and examined in this action.
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 1-2, 5, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 5,398,576 to Chiu in view of US 2004/0237746 to Shultz and US 6,564,942 to Schiffler et al.
In re Claim 1, Chiu teaches a container for dispensing web material (see Figs. 4-5), the container comprising:
a base portion defining a compartment (see Figs.4-5, bottom and compartment housing roll), the base portion having:
a bottom panel defining a bottom of the compartment (see Figs. 4-5, bottom of the compartment),
a back panel extending from the bottom panel to define a back of the compartment (see Figs. 4-5, back panel of #5), and
and a roll of web material having a first end and a second end (see Figs. 1-8, #30/32), and
a roll of web having a first end that abuts the first opposing side surface and a second end that abuts the second opposing side surface wherein the first opposing side surface and first opposing side surface are configured to center the roll of web material therebetween within the compartment (see Figs. 4-5, showing the web between two surfaces).
Chiu does not teach:
a front base panel defining a front of the compartment (see Fig. 2, #36), the front base panel extending upwardly from the bottom panel to a top edge defining a recessed area (see Fig. 2, #36),
first and second side tabs extending between the bottom panel, the front base panel, and the back panel at opposing sides thereof to define first and second opposing side surfaces (see Schiffler, Figs. 1-8, #96/98 on either side of #34) of the compartment,
wherein the first side tab comprises a first bottom side tab extending from a first side of the bottom panel (see Schiffler, Figs. 1-8, #96/98), the first bottom side tab having a first inner bottom side tab segment defining the first opposing side surface of the compartment (see Schiffler, Figs. 1-8, #98), and wherein the second side tab comprises a second bottom side tab extending from a second side of the bottom panel (see Schiffler, Figs. 1-8, the opposite side #96/98), the second bottom side tab having a second inner bottom side tab segment defining the second opposing side surface of the compartment (see Schiffler, Figs. 1-8, #98); and
a lid portion (see Schiffler, Figs. 1-8, #46/48), the lid portion moveable between an open position for access to the compartment (see Schiffler, Figs. 1-2) and a closed position (see Fig. 5), the lid portion having:
a top panel defining a top of the lid portion (see Figs. 1-8, #46), the top panel hingedly-coupled to the back panel (see Figs.1-8, #46 and #38), and
a front lid panel extending from the top panel (see Figs. 1-8, #48), wherein the front lid panel covers the recessed area in the closed position (see Fig. 5), and wherein in the open position, web material can be dispensed from the compartment through the recessed area (see Fig. 1).
Chiu only teaches a “two wall” structure on the right side of Figs. 4-5 because the blade in Chiu is unidirectional. However, Shultz teaches that it is known in the art of dispensing rolled webs to provide a cutter with blades on both sides (see Shultz, Fig. 4 and Fig. 4a; see also Par. 00039 and 0041-43). In the same field of invention, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date to provide a cutter with blades on either side of the cutter, as taught by Shultz. In other words, “mirror” the cutter in Chiu so that cutter has two of the same blades of Chiu facing 180 degrees from each other. Doing so would allow the user to be able to cut workpieces quicker as instead of having to move the cutter back to the “right” side of the housing, he or she could use that motion to cut the workpieces, thus saving time. The Examiner notes that in order to prevent wrinkling on both cuts, one of ordinary skill in the art would duplicate the “left” hand side of the housing with the “two wall” structure of the right hand structure (see Chiu, Figs. 4-5 in view of Col 1, ll. 47-56; Col. 2, ll. 51-54 and Col. 3, ll. 36-47) .
Additionally, Schiffler teaches that it is known in the roll housing art to form a roll housing having:
a front base panel defining a front of the compartment (see Schiffler, Fig. 2, #36), the front base panel extending upwardly from the bottom panel to a top edge defining a recessed area (see Schiffler, Fig. 2, #36),
first and second side tabs extending between the bottom panel, the front base panel, and the back panel at opposing sides thereof to define first and second opposing side surfaces (see Schiffler, Figs. 1-8, #96/98 on either side of #34) of the compartment,
wherein the first side tab comprises a first bottom side tab extending from a first side of the bottom panel (see Schiffler, Figs. 1-8, #96/98), the first bottom side tab having a first inner bottom side tab segment defining the first opposing side surface of the compartment (see Schiffler, Figs. 1-8, #98), and wherein the second side tab comprises a second bottom side tab extending from a second side of the bottom panel (see Schiffler, Figs. 1-8, the opposite side #96/98), the second bottom side tab having a second inner bottom side tab segment defining the second opposing side surface of the compartment (see Schiffler, Figs. 1-8, #98); and
a lid portion (see Schiffler, Figs. 1-8, #46/48), the lid portion moveable between an open position for access to the compartment (see Schiffler, Figs. 1-2) and a closed position (see Schiffler, Fig. 5), the lid portion having:
a top panel defining a top of the lid portion (see Schiffler, Figs. 1-8, #46), the top panel hingedly-coupled to the back panel (see Schiffler, Figs.1-8, #46 and #38), and
a front lid panel extending from the top panel (see Schiffler, Figs. 1-8, #48), wherein the front lid panel covers the recessed area in the closed position (see Schiffler, Fig. 5), and wherein in the open position, web material can be dispensed from the compartment through the recessed area (see Schiffler, Fig. 1).
In the same field of invention, housings for rolls type workpieces, it would have been obvious to one of ordinary skill in the art, at earliest effective filing date, to make the housing of modified Chiu in the foldable manner disclosed by Schiffler. Doing so allows the user to form the housing out of one single piece of paperboard or cardboard material (see Schiffler, Col. 1, ll. 10-15), thus making the manufacturing easy and in a known manner, saving cost and design.
In re Claim 2, modified Chiu, in re Claim 1, teaches wherein the front base panel has a front base panel height defined between the top edge and the bottom panel (see Schiffler, annotated Fig. 2, below), and each of the first and second side tabs has a top edge (see Schiffler, Figs. 1-8, edge of #100) and a bottom edge with a side tab height defined therebetween (see Schiffler, Figs. 1-8,edge of #98), wherein the front base panel height is less than the side tab height of each of the first and second side tabs to define the recessed area therein (see annotated Fig. 2, below).
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In re Claim 5, modified Chiu, in re Claim 1, teaches wherein each of the first and second side tabs has a recess notch therein between the top edge of the front base panel and the top edge of the respective front base side tab (see Schiffler, Fig. 2, #150/150 in view of Applicant’s Fig. 2b. #236/237).
In re Claim 8, modified Chiu, in re Claim 1, teaches the first bottom side tab further comprises a first outer side tab segment (see Schiffler, Fig. 4, left side #96 which corresponds to #729a in Applicant’s Fig. 7), and the first outer side tab segment (see Figs. 1-8, #96) and the first inner bottom side tab segment (see Schiffler, Figs. 1-8, #98) comprise a first bottom side connection tab segment therebetween (see Schiffler, Figs. 1-8, #100) to define a first side stab width,
and further wherein the second bottom side tab further comprises a second outer side tab segment (see Schiffler, Figs. 1-8, the other #96), and the second outer tab segment (see Schiffler, Figs. 1-8, the other #96) and the second inner bottom side tab segment (see Schiffler, Figs. 1-8, the other #98) comprise a second bottom side connection tab segment (see Schiffler, Figs. 1-8, the other #100) therebetween to define a second side tab width.
In re Claim 9, modified Chiu, in re Claim 1, teaches wherein the first side tab further includes a first front base side tab extending from a first side of the front base panel (see Schiffler, Fig. 4, left #74, which corresponds to #745 in Applicant’s Fig. 7) and a first back side tab extending from a first side of the back panel (see Schiffler, Fig. 4, left #76, which corresponds to #717 in Applicant’s Fig. 7), the first front base side tab and the first back side tab secured between the first outer side tab segment and the first inner bottom side tab segment (see Schiffler, Fig. 3, showing #76/74 secured between the first outer side tab segment and the first inner bottom side tab segment), and
further wherein, the second side tab further includes a second front base side tab extending from a second side of the front base panel (see Schiffler, Fig. 4, right #74, which corresponds to #746 in Applicant’s Fig. 7) and a second back side tab extending from a second side of the back panel (see Schiffler, Fig. 4, right #76, which corresponds to #718 in Applicant’s Fig. 7), (see Fig. 4, left #76, which corresponds to #717 in Applicant’s Fig. 7), the second front base side tab and the second back side tab secured between the second outer side tab segment and the second inner bottom side tab segment (see Schiffler, Fig. 3, showing #76/74 secured between the first outer side tab segment and the first inner bottom side tab segment).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over US 5,398,576 to Chiu, US 2004/0237746 to Shultz, US 6,564,942 to Schiffler et al., and further in view of US 7,00,520 to Nickols.
In re Claim 3, modified Chiu, in re Claim 1, does not teach further comprising a cutter disposed on the front base panel. However, Nickols teaches that it is known in the art to place a cutter on the front base panel (see Nickols Figs. 1-8, #112/116/118, et al.). Doing so would allow the user cut the workpiece without having an exposed blade, thus providing a safer device. Such a combination would provide for a cutter disposed on the front base panel in the recessed area of modified Schiffler.
In re Claim 4, modified Chiu, in re Claim 3, wherein a cutter height is defined between the bottom panel and a cutter high point (see Schiffler, Figs. 1-2, edge of #36), wherein the cutter height is less than the side tab height of each of the first and second side tabs (see Schiffler, Figs. 1-2, edge of #36 in view of #100/100).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,398,576 to Chiu, US 2004/0237746 to Shultz, and US 6,564,942 to Schiffler et al., and further in view of US 5,292,046 to Kaiser.
In re Claim 7, modified Chiu, in re Claim 1, does not teach wherein the roll of web material is a roll of butcher paper. However, Kaiser teaches that it is known to use roll dispensers to dispense many types of rolls including butcher paper (see Schiffler, Col. 1, ll. 10-23).
In the same field of invention, dispenser for rolled work product, it would have been within the level of ordinary skill in the art, at the earliest effective fling date, to use the structure of Schiffler to dispense any typical rolled work product, including butcher paper. Doing so contains the roll to make dispensing efficient as well as protect the roll from contamination in the food surface industry making for a safer environment.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,398,576 to Chiu, US 2004/0237746 to Shultz, and US 6,564,942 to Schiffler et al., and further in view of US 5,141,108 to Roccaforte.
In re Claim 10, modified Chiu, in re Claim 1, does not teach wherein the first back side tab has a folded configuration, with a first outer back side tab segment extending from the back panel towards the front base panel, a first back side connection tab segment extending generally parallel to the back panel, a first inner back side tab segment extending from the first back side connection tab segment towards the back panel, and a first back side mounting segment extending from the first inner back side tab segment, the first back side mounting segment secured to the back panel,
and further wherein the second back side tab has a folded configuration, with a second outer back side tab segment extending from the back panel towards the front base panel, a second back side connection tab segment extending generally parallel to the back panel, a second inner back side tab segment extending from the second back side connection tab segment towards the back panel, and a second back side mounting segment extending from the second inner back side tab segment, the second back side mounting segment secured to the back panel.
However, Roccaforte teaches that it is known to provide a folding construction wherein the first back side tab has a folded configuration, with a first outer back side tab segment extending from the back panel towards the front base panel (see Roccaforte, Fig. 1, left hand, #74, which is equated to #719a in Applicant’s Fig.7), a first back side connection tab segment extending generally parallel to the back panel (see Roccaforte, Fig. 1, left hand, #82 which equates to #720a in Applicant’s Fig. 7), a first inner back side tab segment extending from the first back side connection tab segment towards the back panel (see Roccaforte, Fig. 1, left hand, #80 which equates to #721a in Applicant’s Fig. 7), and a first back side mounting segment extending from the first inner back side tab segment (see Roccaforte, Fig. 1, left hand, #86, which equates to #722a in Applicant’s Fig. 7), the first back side mounting segment secured to the back panel,
and further wherein the second back side tab has a folded configuration, with a second outer back side tab segment extending from the back panel towards the front base panel(see Roccaforte, Fig. 1, right hand, #74, which is equated to #719b in Applicant’s Fig.7), a second back side connection tab segment extending generally parallel to the back panel (see Roccaforte, Fig. 1, right hand, #82 which equates to #720b in Applicant’s Fig. 7), a second inner back side tab segment extending from the second back side connection tab segment towards the back panel (see Roccaforte, Fig. 1, right hand, #80 which equates to #721b in Applicant’s Fig. 7), and a second back side mounting segment extending from the second inner back side tab segment (see Roccaforte, Fig. 1, right hand, #86, which equates to #722b in Applicant’s Fig. 7), the second back side mounting segment secured to the back panel.
In the same field of invention it would have been obvious to one of ordinary skill in the art at the earliest effective fling date to replace the shape of the first and second back tabs of Schiffler with the shape of the back tabs of Roccaforte and a corresponding notch in order to provide a locking structure for the assembly. IN other words the structure of Roccaforte provides a slot and tab to securely lock the assembly together (see Roccaforte, Col. 1, ll. 62-Col. 2, ll. 9).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,398,576 to Chiu, US 2004/0237746 to Shultz, and US 6,564,942 to Schiffler et al., and further in view of US 2,743,009 to Williams et al.
In re Claim 11, modified Chiu, in re Claim 1, does not teach wherein the front lid panel extends from the top panel to a lid closing edge (see Figs. 1-8, #48/91/91), the front lid panel having first and second front lid side edges defining a front lid panel width therebetween (see Figs. 1-8, showing #48/91/91 have edges and a width therebetween). Schiffler does not teach each of the first and second front lid side edges having a setback defined therein between the top panel and the lid closing edge, wherein the lid closing edge has a lid closing edge width less than the front lid panel width. However, Williams teaches a led edge have tapered edges (see Fig. 1, #42), or, in other words, each of the first and second front lid side edges having a setback defined therein between the top panel and the lid closing edge, wherein the lid closing edge has a lid closing edge width less than the front lid panel width. Doing so is a change of shape (see MPEP2144.04, IV, A) which would allow an easier insertion of the lid into the chamber of the device in order to secure the lid.
Response to Arguments
Applicant’s arguments re Chiu were persuasive. Applicant argues that one of ordinary skill in the art would not have added a second “two wall” structure on the left hand side of Chiu because the cutter in Chiu is unidirectional.
The Examiner notes that it is known in the art to make a cutter with two different blades (see US 2004/0237746 to Shultz). As such modifying the cutter of Chiu to cut in both directions would require one of ordinary skill in the art to have a two-wall structure on both sides of the housing.
Conclusion
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/JONATHAN G RILEY/Primary Examiner, Art Unit 3724