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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. (e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed application, Application No. 17/163,224, No. 16/865,182, No. 15/853,555 and No. 62/438,390 fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. 17/163,224, No. 16/865,182, No. 15/853,555 and No. 62/438,390 do not disclose subject matter of the instant application as disclosed in Figures 19-24. Applicant’s claims specifically refer to a “A device for automatic touch-free dispensing of disposable material onto a hand of an individual,” which are elements of an embodiment disclosed in Figures 19-24. Thus, priority does not extend to the dates of the cited applications.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
This application is claiming the benefit of prior-filed application United States Patent Application No. 17/163,224; No. 16/865,182; 15/853,555 (US Patent 10,676,270) and 62/438,390 under 35 U.S.C. 120, 121, 365(c), or 386(c). Copendency between the current application and the prior application is required. Since the applications are not copending, the benefit claim to the prior-filed application is improper. Applicant is required to delete the claim to the benefit of the prior-filed application, unless applicant can establish copendency between the applications.
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 1,3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Perlman (US 11,033,351) in view of Borke (US 2016/0325957 A1).
Referring to claim 1. Perlman discloses a device (82; Figure 12) for automatic dispensing of disposable cover (18; Figure 10) onto a surface of an object (surface of a stethoscope), the device comprising:
a supply spool (spool for 86 on 88; Figure 10) configured to hold a backing member (backing member 86) having the disposable cover (18) disposed thereon; and
a flat area (portion of 18; Figure 12) positioned proximate to the supply spool (spool for 86 on 88; Figure 10; or 102 as in Figure 12), wherein the flat area (portion of 18; Figure 12) further comprises a resistance section (section of backing member strip 86 between members 102 and 104; Figure 12), wherein the device (82; Figure 12) has an access window (at 18; Figure 12) positioned within a front panel of the device (front panel 82), defining a location where the disposable cover (18) is disposed onto the surface of the object (surface of a stethoscope; see Figure 14).
Perlman does not disclose the device further comprises a housing assembly with at least one panel of light emitting diodes (LEDs) positioned proximate to the access window.
Borke disclose a sheet dispenser (600; Figure 6) comprises a housing assembly with at least one panel of light emitting diodes (LEDs) positioned proximate to the access window (Outputs of the controller 608 may include motor control signals and LED signals; Para. [0060]).
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 Perlman to include comprise a housing assembly with at least one panel of light emitting diodes (LEDs) positioned proximate to the access window as taught by Borke because the light emitting diodes can easily provide an operating status of the dispenser device to a user by simply looking at the dispenser.
Perlman further does not disclose wherein the device comprises a motion sensor which when activated by movement triggers a motor to rotate and allow for a next disposable cover to be positioned within the center of the access window,
Borke disclose a sheet dispenser (600; Figure 6)
wherein the device comprises a motion sensor capable of triggering the motor to rotate and allow for the next disposable material to be positioned within the center of the access window (motion sensor; Para. [0053]).
It would have been further 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 Perlman to include the device comprising a motion sensor which when activated by movement triggers a motor to rotate and allow for a next disposable cover to be positioned within the center of the access window as taught by Borke because automating the dispensing process with a motion sensor would provide for a more sanitary on demand dispensing.
Referring to claim 3. Perlman discloses a device (82; Figure 12)
wherein the resistance section (section of backing member 94 between members 102 and 104; Figure 12) provides resistance (when pushed against member 18; Figure 12) to the backing member (backing member 94) once the surface of the object (surface of a stethoscope; see Figure 14) contacts the disposable cover through the access window (18; Figure 12).
Referring to claim 5. Perlman discloses a device (82; Figure 12)
wherein the housing assembly (members 98 and 100; Figure 11) comprises an enclosure window (80) sized to align with the access window (18; Figure 12).
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 2,9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Perlman (US 11,033,351) in view of Borke (US 2016/0325957 A1) and further in view of Dayton (US 9,675,721).
Referring to claim 2. Perlman in view of Borke do not disclose the device further comprises a plurality of rollers positioned proximate to the supply spool and above and below the flat area in order to control the direction and pace.
Dayton discloses a decontamination apparatus (10; Figure 10) wherein the device (10) further comprises a plurality of rollers (30; Figure 10) positioned proximate to the supply spool (110) and above and below the flat area (area between motors 36) in order to control the direction and pace of the supply spool unwinding and delivering the disposable article to the flat area (as articles pass through the rollers).
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 Perlman in view of Borke to include a plurality of rollers positioned proximate to the supply spool and above and below the flat area in order to control the direction and pace as taught by Dayton because the rollers can more effectively guide the backing member through the dispenser.
Referring to claim 9. Perlman does not disclose the motor is positioned proximate to the supply spool and behind the resistance section of the flat area.
Dayton discloses a decontamination apparatus (10; Figure 10) wherein a motor (36; Figure 7) is positioned proximate to the supply spool (Perlman 102; Figure 12) and behind the resistance section of the flat area (portion of 18; Figure 12).
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 Perlman in view of Borke to include a motor positioned proximate to the supply spool and behind the resistance section of the flat area as taught by Dayton because the motor would automate the dispensing action of the dispenser to dispense disposable material from the device.
Referring to claim 14. Dayton discloses a decontamination apparatus (10; Figure 10)
wherein the device is powered by at least one power source selected from the group consisting of alternating current (AC), direct current (DC), rechargeable batteries and non-rechargeable batteries (The power supply 54 can optionally include a self-contained source such as a battery, fuel cell; Figure 3).
Claims 6-8 and 15 is rejected under 35 U.S.C. 103 as being unpatentable over Perlman (US 11,033,351) in view of Borke (US 2016/0325957 A1) and further in view of White (US 2006/0151519 A1).
Referring to claim 6. Perlman in view of Borke do not disclose the device further comprises a supplemental terminal bin positioned on an opposing side of the flat area relative to the supply spool.
White discloses a sanitary sheet dispenser (101; Figure 4) wherein the device comprises a supplemental terminal bin (113; Figure 4) positioned on an opposing side of the flat area relative to the supply spool (bottom of the dispenser device).
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 Perlman in view of Borke to include a terminal bin positioned on an opposing side of the flat area relative to the supply spool as taught by White because a terminal bin positioned on an opposing side of the flat area relative to the supply spool would allow dispensed and used sheet products to be discarded into the terminal bin thus providing a user a means to discard the used sheet product.
Referring to claims 7-8 and 15. Perlman in view of White do not disclose a cutting instrument is positioned above the terminal bin.
Borke discloses a product dispenser (600; Figure 6) wherein a cutting instrument (606) is positioned above the terminal bin (White; 113; Figure 4; above a bottom end of the dispenser) positioned on an opposing side of the flat area (between 604) relative to the supply spool (602)
such that the cutting instrument (606) is activated when the motor advances the next disposable cover to be positioned within the center of the access window (see Figure 6; include a tear assembly 606 that may, in turn, include a tear bar 706 pivotably mounted to a body of the dispenser 600 and a switch 708 in communication with the controller 608; Para. [0058]).
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 Perlman in view of White to include a cutting instrument is positioned above the terminal bin as taught by Borke because a cutting instrument positioned above the terminal bin would allow a user to remove the backing member form the spool after removing the disposable material, assuring the hanging backing member is removed after dispensing.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Perlman (US 11,033,351) in view of Borke (US 2016/0325957 A1) and further in view of Roh (US KR 1011109039).
Referring to claim 10. Perlman in view of Borke do not disclose the motor comprises a first gear that engages with a portion of the supply spool in order to rotate the supply spool.
Roh disclose a device for supplying disposable pads (10; Figure 3) wherein a motor (230; Figure) comprises a first gear (231) that engages with a portion of the supply spool (strip of supply spool 100) in order to rotate the supply spool (see Figure 8).
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 Perlman in view of Borke to include a motor comprising a first gear that engages with a portion of the supply spool in order to rotate the supply spool as taught by Roh because the motor/gear assembly can be configured to drive the supply roll to prevent a user being required to manually advance the roll for use.
Referring to claim 11. Roh disclose a device for supplying disposable pads (10; Figure 3) wherein a second spool (210; Figure 9) configured to hold spent backing members (see Figure 9) without the disposable material disposed thereon (see Figure 11).
Referring to claim 12. Perlman does not disclose the device wherein the motor further comprises a second gear that engages with a portion of the second spool.
Roh disclose a device for supplying disposable pads (10; Figure 3) wherein the motor (230; Figure 9) further comprises a second gear (211) that engages with a portion of the second spool (210).
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 Perlman in view of Borke to include the motor further comprises a second gear that engages with a portion of the second spool as taught by Roh because the motor/gear assembly can be configured to drive the supply roll to prevent a user being required to manually advance the roll for use.
Response to Arguments
Applicant's arguments filed 10/02/2025 have been fully considered but they are not persuasive. See new rejections cited in light of Perlman (US 11,033,351) in view of Borke (US 2016/0325957 A1) above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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, 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