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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/08/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant’s independent claims 1,11 and 14 recite the limitations “a cover consisting of a single layer of web material” in claims 1,2 line 9 and claim 14 line 14. The limitations as included are not disclosed or supported in the provided specifications. The limitations as recited as recited are new matter. Applicant is required to cancel the said limitations as recited or the Applicant may provide support as to where specifically in the specifications the claimed limitations are described.
Claims 1-5 and 8-14 are not treated on the merits.
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 1-5 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Scott (US 2009/0273179 A1) in view of Hallam (US 2012/0223092) and further in view of Harrison (US 3819043 A).
Referring to claim 1. Scott discloses a package (10; Figure 3) for containing a stack of material sheets (14), the package comprising:
a) a bottom wall (bottom wall of 10);
b) a pair of opposed side walls (longer side walls of 10) joined to the bottom walls;
c) a pair of opposed end walls (shorter end walls of 10) joined to the bottom wall and between the side walls (longer side walls of 10);
d) a top wall (top wall 12 of 10) extending between and joined to the pair of side walls (longer side walls of 10) and the pair of end walls (shorter end walls of 10) to define an interior for the package (10; see Figure 3), and
e) a cover (18; Figure 3) formed of a single layer of web material (layer 18 is a single layer; cover 18 comprises cover portion 18 consisting of a web material, portion 72 is not a portion of the cover 18 but rather a detached portion of top cover 12 that is separated to create opening aperture 16 now adhered to the cover 18) permanently secured at one end (one end of the package 10) over the top wall (top wall 12 of 10) and releasably secured over the top wall (top wall 12 of 10) at the other end (at the opposite end of the package 10) to selectively cover an aperture (aperture 16; Figure 3) formed in the top wall (top wall 12 of 10),
wherein the top wall (top wall 12 of 10) includes a flat portion (flat portion of 12; Figure 3)
defining a perimeter (perimeter of the flat portion of 12 connecting to side walls) joined to the pair of opposed side wall (longer side walls of 10) and the pair of opposed end walls (shorter end walls of 10; see Figure 3), and an aperture (16) therein, and
wherein an area of the aperture is about 25% (as measured in Figure 3) of an area of the flat portion (flat portion of 12; Figure 9) and
wherein the cover (18; Figure 3) includes a tab (22) extending outwardly from the other end of the cover (permanently attached end) to define a space between the tab (22) and the adjacent end wall (shorter end walls of 10).
Scott does not disclose the area of the aperture is between about 70% and 81% of an area of the flat portion.
Hallam discloses a compressed tissue carton wherein an area of the aperture is between about 50% and 85% of an area of the flat portion (Thus, in a preferred embodiment the present disclosure provides a carton for dispensing a compressed stack of tissues, the carton comprising a carton opening located on a top panel, the area of the carton opening comprising from about 50 to about 85 percent of the area of the top panel; Para. [0004]).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott to include the package comprising an aperture opening size that is between about 70% and 81% of an area of the flat portion of the top wall as taught by Hallam because a larger dispensing aperture size would allow for easier removal of articles from within the dispenser.
Scott in view of Hallam do not specifically disclose the cover consisting of single layer of web material.
Harrison discloses a dispenser pack for premoisten towelettes (Figure 1) wherein the cover (28) consisting of single layer of web material (see Figure 1).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott in view of Hallam to include the cover consisting of single layer of web material as taught by Harrison because a single layer cover would reduce the material cost and complexity of the dispenser thus reducing the overall cost for the dispenser.
Referring to claim 2. Scott discloses a package (10; Figure 3) for containing a stack of material sheets (14), the package comprising:
wherein the aperture (16) has a length of between about 60% and up to 90% of the length of the flat portion (when the length of the aperture 16 to the length of the flat portion 12 is measured the ratio length is about 69% which is within the claimed range of 60-90%).
Referring to claim 3. Scott discloses a package (10; Figure 3) for containing a stack of material sheets (14), the package comprising:
wherein the aperture has a width of 44% (44% as measured in Figure 3) of the width of the flat portion (width of 12) and furthermore,
Hallam discloses wherein the aperture 28 has a width of 70% (70% as measured in Figure 1) of the width of the flat portion (width of 20).
Scott in view of Hallam do not specifically disclose the aperture has a width of between about 75% and up to 90% of the width of the flat portion.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott in view of Hallam to include the package comprising an aperture having a width of between about 75% and up to 90% of the width of the flat portion because a larger width of the dispensing aperture size would allow for easier removal of articles from within the dispenser.
Referring to claims 4 and 12. Scott discloses a package (10; Figure 3) for containing a stack of material sheets (14), the package comprising:
further comprising a space extending round the aperture (16) of at least ¼” between a perimeter of the top surface and a perimeter of the aperture (wherein the space between aperture 16 and the top surface 12 is greater than ¼” thus, when it is greater than ¼” it is at least ¼”.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the space between the aperture and the flat portion to be at least ¼”, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Referring to claim 5. Scott in view of Hallam do not disclose wherein the space is up to ½” between the perimeter of the top surface and the perimeter of the aperture.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the space between the perimeter of the aperture and the perimeter of the top surface to be up to a ½”, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Referring to claim 8. Scott discloses a package (10; Figure 3) for containing a stack of material sheets (14), the package comprising:
further comprising a tab (22; Figure 3) on the cover (18) opposite the permanently secured end (at the left side of the dispenser; see Figure 3).
Referring to claim 9. Scott discloses a package (10; Figure 3) for containing a stack of material sheets (14), the package comprising:
further comprising a releasable adhesive (40) disposed between the top surface (top surface of 12) and the cover (18; see Figure 9).
Referring to claims 10 and 13. Scott discloses a package (10; Figure 3) for containing a stack of material sheets (14), the package comprising:
a stack of individual sheets (14) disposed within the interior of the package (10; Figure 3).
Referring to claim 11. Scott discloses a package (10; Figure 3) for containing a stack of material sheets (14), the package comprising:
a) a bottom wall (bottom wall of 10);
b) a pair of opposed side walls (longer side walls of 10) joined to the bottom walls;
c) a pair of opposed end walls (shorter end walls of 10) joined to the bottom wall and between the side walls (longer side walls of 10);
d) a top wall (top wall 12 of 10) extending between and joined to the pair of side walls (longer side walls of 10) and the pair of end walls (shorter end walls of 10) to define an interior for the package (10; see Figure 3), and
e) a cover (18; Figure 3) including a bottom surface (40) secured over a top surface of the (top surface of 12) the top wall (top wall 12 of 10) to selectively cover an aperture (aperture 16; Figure 3) formed in the top wall (top wall 12 of 10),
wherein the top wall (top wall 12 of 10) includes a flat portion (flat portion of 12; Figure 9)
defining a perimeter (perimeter of the flat portion of 12 connecting to side walls) joined to the pair of opposed side wall (longer side walls of 10) and the pair of opposed end walls (shorter end walls of 10; see Figure 3), and an aperture (16) therein, and
wherein an area of the aperture is about 25% (as measured in Figure 3) of an area of the flat portion (flat portion of 12; Figure 9),
wherein the aperture (16) has a length of between about 60% and up to 90% of the length of the flat portion (when the length of the aperture 16 to the length of the flat portion 12 is measured the ratio length is about 69% which is within the claimed range of 60-90%) and
wherein the cover (18; Figure 3) includes a tab (22) extending outwardly from the other end of the cover (permanently attached end) to define a space between the tab (22) and the adjacent end wall (shorter end walls of 10).
Scott does not disclose the area of the aperture is between about 70% and 81% of an area of the flat portion.
Hallam discloses a compressed tissue carton wherein an area of the aperture is between about 50% and 85% of an area of the flat portion (Thus, in a preferred embodiment the present disclosure provides a carton for dispensing a compressed stack of tissues, the carton comprising a carton opening located on a top panel, the area of the carton opening comprising from about 50 to about 85 percent of the area of the top panel; Para. [0004]).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott to include the package comprising an aperture opening size that is between about 70% and 81% of an area of the flat portion of the top wall as taught by Hallam because a larger dispensing aperture size would allow for easier removal of articles from within the dispenser.
Scott in view of Hallam do not specifically disclose the aperture has a width of between about 75% and up to 90% of the width of the flat portion.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott in view of Hallam to include the package comprising an aperture having a width of between about 75% and up to 90% of the width of the flat portion because a larger width of the dispensing aperture size would allow for easier removal of articles from within the dispenser.
Scott in view of Hallam do not specifically disclose the cover consisting of single layer of web material.
Harrison discloses a dispenser pack for premoisten towelettes (Figure 1) wherein the cover (28) consisting of single layer of web material (see Figure 1).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott in view of Hallam to include the cover consisting of single layer of web material as taught by Harrison because a single layer cover would reduce the material cost and complexity of the dispenser thus reducing the overall cost for the dispenser.
Claim 14 are rejected under 35 U.S.C. 103 as being unpatentable over Scott (US 2009/0273179 A1) in view of Hallam (US 2012/0223092) in view of Harrison (US 3819043 A) and further in view of Sierra-Gomez (US 8,114,451).
Referring to claim 14. Scott discloses a package (10; Figure 3) for containing a stack of material sheets (14), the package comprising:
a) a bottom wall (bottom wall of 10);
b) a pair of opposed side walls (longer side walls of 10) joined to the bottom walls;
c) a pair of opposed end walls (shorter end walls of 10) joined to the bottom wall and between the side walls (longer side walls of 10);
d) a top wall (top wall 12 of 10) extending between and joined to the pair of side walls (longer side walls of 10) and the pair of end walls (shorter end walls of 10) to define an interior for the package (10; see Figure 3), wherein the top wall (top wall 12) includes a flat portion (flat portion of 12; Figure 9) defining a perimeter (perimeter of the flat portion of 12 connecting to side walls) joined to the pair of opposed side wall (longer side walls of 10) and the pair of opposed end walls (shorter end walls of 10; see Figure 3), and an aperture (16) therein,
e) a space extending round the aperture (16) of at least ¼” between a perimeter of the top surface and a perimeter of the aperture (wherein the space between aperture 16 and the top surface 12 is greater than ¼” thus, when it is greater than ¼” it is at least ¼”;
f) a stack of individual sheets (14) disposed within the interior of the package (10; Figure 3).
g) cover (18; Figure 3) consisting of a single layer of web material (layer 18 is a single layer; cover 18 comprises cover portion 18 consisting to a web material, portion 72 is not a portion of the cover 18 but rather a detached portion of top cover 12 that is separated to create opening aperture 16 now adhered to the cover 18) secured over the top wall (12) to selectively cover the aperture (16),
wherein the aperture (16) has a length of between about 60% and up to 90% of the length of the flat portion (when the length of the aperture 16 to the length of the flat portion 12 is measured the ratio length is about 69% which is within the claimed range of 60-90%),
wherein the cover (18) has a perimeter (perimeter of 18) smaller than the flat portion of the top wall (perimeter of 12) and
wherein the cover (18; Figure 3) includes a tab (22) extending outwardly from one end of the cover (permanently attached end) to define a space between the tab (22) and the adjacent end wall (shorter end walls of 10).
Scott does not disclose the area of the aperture is between about 70% and 81% of an area of the flat portion.
Hallam discloses a compressed tissue carton wherein an area of the aperture is between about 50% and 85% of an area of the flat portion (Thus, in a preferred embodiment the present disclosure provides a carton for dispensing a compressed stack of tissues, the carton comprising a carton opening located on a top panel, the area of the carton opening comprising from about 50 to about 85 percent of the area of the top panel; Para. [0004]).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott to include the package comprising an aperture opening size that is between about 70% and 81% of an area of the flat portion of the top wall as taught by Hallam because a larger dispensing aperture size would allow for easier removal of articles from within the dispenser.
Scott discloses the aperture has a width of 44% (44% as measured in Figure 3) of the width of the flat portion (width of 12) and furthermore,
Hallam discloses wherein the aperture 28 has a width of 70% (70% as measured in Figure 1) of the width of the flat portion (width of 20).
Scott in view of Hallam do not specifically disclose the aperture has a width of between about 75% and up to 90% of the width of the flat portion.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott in view of Hallam to include the package comprising an aperture having a width of between about 75% and up to 90% of the width of the flat portion because a larger width of the dispensing aperture size would allow for easier removal of articles from within the dispenser.
Scott in view of Hallam do not specifically disclose wherein a thickness of the cover is less than a thickness of the top wall.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott in view of Hallam to include a thickness of the cover as being less than a thickness of the top wall because a thinner cover would reduce the overall material cost of the dispenser.
Scott in view of Hallam do not specifically disclose the cover consisting of single layer of web material.
Harrison discloses a dispenser pack for premoisten towelettes (Figure 1) wherein the cover (28) consisting of single layer of web material (see Figure 1).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott in view of Hallam to include the cover consisting of single layer of web material as taught by Harrison because a single layer cover would reduce the material cost and complexity of the dispenser thus reducing the overall cost for the dispenser.
Scott in view of Hallam and Harrison do not disclose wherein the cover includes a tab extending outwardly from one end of the cover past the top wall to define a space between the tab and the adjacent end wall.
Sierra-Gomez discloses a resealable closure package (10; Figure 1) wherein the cover (22; Figure 2A) includes a tab (30) extending outwardly from one end of the cover past the top wall (13; Figure 2B) to define a space between the tab (30) and the adjacent end wall (end wall of 10; see Figure 1).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Scott in view of Hallam and Harrison to include the cover having a tab extending outwardly from one end of the cover past the top wall to define a space between the tab and the adjacent end wall as taught by Sierra-Gomez because the outwards extending tab would allow for easier grasping of the tab by a user.
Response to Arguments
Applicant's arguments filed 04/02/2026 have been fully considered but they are not persuasive. See new rejections cited above.
Applicant’s arguments with respect to claims 1-5 and 7-14 have been considered but are moot.
Applicant argues Examiner’s combination of the primary reference of Scott (US 2009/0273179 A1) in view of Hallam (US 2012/0223092) cannot cure the deficiency of the Scott. Applicant argues the secondary reference of Hallam (US 2012/0223092) discloses an opening for a dispenser however the analogous opening in the Hallam dispenser is the dispenser opening 40; Figure 3 and not the surfboard opening 30 as relied upon by the Examiner thus, the combination of the references is flawed.
Furthermore, Applicant argues the dispenser of Scott does not disclose the cover formed of a single layer of material. The Examiner agrees with applicants remarks regarding Scott discloses multiple layers forming the cover. Therefore, new rejections are cited in light of Scott (US 2009/0273179 A1) in view of Hallam (US 2012/0223092) and further in view of Harrison (US 3819043 A). Wherein, Harrison specifically discloses the cover as comprised of a single layer of material.
Newly amended limitations in claims 1 and 11 wherein the cover includes a tab extending outwardly from the other end of the cover to define a space between the tab and the adjacent end wall is specifically disclosed by the reference of Scott wherein the end tip of the tab 22 of Scott is spaced from the end of the shorter side end wall, thus the end of the tab defines a space between the end wall and the end of the tab.
Independent claim 14 includes limitations to further define the structure of the tab and the adjacent end wall. Claim 14 discloses wherein the cover includes a tab extending outwardly from one end of the cover past the top wall to define a space between the tab and the adjacent end wall. The claimed structure is disclosed by the Sierra-Gomez reference in Figures 2A and 2D, wherein the tab 30 is clearly shown to extend past the top wall.
Applicant argues Scott is entitled “Resealable label flap having multiple separable layers for displaying information” and exclusively discloses a separable, multi-layer reuseable flap or cover 18 secured over the opening 16 formed in a package body 12, described as "a multi-layered member comprising a base layer 28 and a top layer 30 separably attached to and co-extensive with the base layer 28."
In view of the Examiner, Applicant’s argument are moot because the recited limitations “a cover consisting of a single layer of web material” as relied upon for allowance are not present in the original filed disclosure. The limitations are new matter and are required to be cancelled or amended.
It is suggested the applicant include additional structure of the dispenser apparatus to differentiate over the teachings of Scott (US 2009/0273179 A1) in view of Hallam (US 2012/0223092) in view of Harrison (US 3819043 A) and further in view of Sierra-Gomez (US 8,114,451) to overcome the cited rejections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Additional References citing a cover consisting of a single layer of web material:
US 20100270181,
US 20050189366,
US 2012013562,
US 20100012533,
US 9,327,892
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAKESH KUMAR/Primary Examiner, Art Unit 3651
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