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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/20/2026 has been entered.
Election/Restrictions
Newly submitted claims 23-24 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Claim 23 recites a dispending drum (without a cutting element that is mounted to at least one of the first and second drum members, the cutting element being movable with respect to the drum body and configured to cut sheet material passing around the dispensing drum as the dispensing drum is rotated during use) as classified in U.S class 492 and A46B13/001 look into “a first mounting formation integral … a second mounting formation integral with the end piece” (emphasis added).
Claim 24 recites a method of assembling a dispending drum (without a cutting element that is mounted to at least one of the first and second drum members, the cutting element being movable with respect to the drum body and configured to cut sheet material passing around the dispensing drum as the dispensing drum is rotated during use) as classified in U.S class 492 and A46B13/001 and look into steps of assembling of a dispending drum that including “a first mounting formation integral with the end piece…a second integral mounting formation…” (emphasis added).
The previously examined claims 1, 17, 21-22, for an example claim 1 (current) shows a dispensing drum a cutting element that is mounted to at least one of the first and second drum members, the cutting element being movable with respect to the drum body and configured to cut sheet material passing around the dispensing drum as the dispensing drum is rotated during use, have two-way distinction and a search burden compared to new claims 23-24.
The dispending drum of new claim 23 does not require the cutting element of claim 1, and conversely, the dispensing drum of claim 1 does require to have a cutting element and not require a first mounting formation integral with the end piece of claim 23.
Similarly analysis with the new method claim 24 having a first integral mounting formation of the end piece … a second integral mounting formation and the previous method claims 17, 22 having a cutting element and the first and second mountings that are not needed to be “integral”
Since applicant has received an action on the merits for the originally presented and elected invention, claims 23-24 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/21/2026, 02/17/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-6, 9-10, 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Osborne (US 2023/0064043) in view of Clark (US 3355758 A).
Regarding claim 1, Osborne shows a dispensing drum (40, Figure 7B) that is configured to be rotatably mounted in a sheet material dispenser (Figure 7B), the dispensing drum comprising first and second part-cylindrical drum members (there are 2 halves 42, Figures 7B, 8A and Figure 9A shows only one half) that are coupled together to form a drum body defining a central axis (see Figure 8A), and
a cutting element (322, Figure 7B) that is mounted to at least one of the first and second drum members (see Para. 80 “The cutting assembly 320 can include a cutting blade 322 and a base or support 324 connected to and at least partially supporting the cutting blade 322” and see Figure 9A), the cutting element being movable with respect to the drum body and configured to cut sheet material passing around the dispensing drum as the dispensing drum is rotated during use (see a cam followers 354 and a cam 372 in Figure 9A that causes the blade moved in/out the slot 332 during use);
wherein the first and second drum members are coupled together
However, it is unclear how Osborne’s drum halves are coupled (see Figure 9A; it appears that there are 4 protrusion cylinders for fastening drum halves together, however, they are not discussed in the specification); another word, there is no end piece for coupling and securing the first and second drum members together.
Clark shows a fasting means for coupling two halves to form a drum (Figures 2, 4, 6), wherein the fastening means includes four bolts (34) and an end piece or a collar (43, Figures 4, 6) that is a separate component to the two halves and is coupled, secured the two halves together.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have had the fastening means (bolts 34, a collar 43), as taught by Clark, to securely coupled the two drum halves or first and second drum members of Osborne together as suggested and discussed in Figures 4, 6 and Col. 3, lines 46-49 of Clark “The purpose of the tongue 42 and notch 41 is to interlock the pairs of shells 16A to each other”.
Regarding claim 2, the modified drum of Osborne shows that the end piece is configured to be mounted to the drum body by moving the end piece relative to the drum body in order to bring at least one mounting formation provided on the end piece together with at least one mounting formation provided at the first end of the drum body (see the collar 43 Figures 4 and 6 of Clark during assembling, the collar is moved into the notches 41 or 62 of the drum halves).
Regarding claim 3, the modified drum of Osborne shows that the end piece comprises a first mounting formation (see the tongues 46 in Clark’s Figure 4) that is engaged with a corresponding first mounting formation (notches 41 of Clark) provided at the first end of the drum body to form a first coupling, wherein the first coupling is configured to be formed by bringing the first mounting formations together in a first direction aligned with the central axis of the drum body (see the discussion above and Clark’s Figure 4).
Regarding claim 4, the modified drum of Osborne shows all of the limitations as stated above except that “the first mounting formation of the end piece comprises at least one aperture formed in the end piece, and the corresponding first mounting formation of the drum body comprises at least one protrusion that extends from the first end of the drum body in a direction aligned with the central axis of the drum body, the protrusion being received within the aperture to form the first coupling”.
Please note that as seen in Clark’s Figure 4 shows the first mounting formation of the end piece comprises protrusions or tongues (46) formed in the end piece, and the corresponding first mounting formation of the drum body comprises apertures or notches (41) from the first end of the drum body in a direction aligned with the central axis of the drum body, the protrusion being received within the aperture to form the first coupling.
Therefore, it is well known to have the protrusions and apertures are respectively at either the drum end and the end piece. Since claim has not recited that having any specific structure of the protrusions and apertures on a specific location solve any stated problem or is a criticality for any particular purpose and it appears that the protrusions and apertures respectively are on either sides of the drum end and the end piece would perform equally well while being respectively on other locations, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 5, the modified drum of Osborne shows that the protrusion is formed by a first protruding part that is connected to the first drum member and a second protruding part that is connected to the second drum member, the first and second protruding parts being received together within the aperture provided in the end piece to form the first coupling (see Clark’s Figure 4; there are at least two tongues or protrusions and two notches or apertures).
Regarding claim 6, the modified drum of Osborne shows that each of the first and second protruding parts has a part-cylindrical shape (see the tongues 46, Clark’s Figure 4 on a cylindrical collar 43), and the first and second protruding parts together form the protrusion with a generally cylindrical shape (see two tongues 46 formed a generally cylindrical shape since it is generally).
Regarding claims 9-10, the modified drum of Osborne shows that the end piece comprises a second mounting formation that is engaged with a corresponding second mounting formation provided at the first end of the drum body to form a second coupling, wherein the second coupling is configured to be formed by bringing the second mounting formations together in a second direction perpendicular to the central axis of the drum body (see Clark’s Figure 4 ; there are two tongues and notches. The claim above is a first tongue and first notch and this scope of claim 9 is a second tongue and a second notch; regards to “perpendicular to the central axis”, this is an inherent step during assembling, a user can bring the tongue to many directions including the direction perpendicular to the central axis to align into the notch 41); and
wherein the second mounting formation of the end piece comprises at least one projecting portion that projects from a main body of the end piece in a direction perpendicular to the central axis of the drum body (see the discussion above, the tongue 46 have 3 dimensions including the dimension a direction perpendicular to the central axis of the drum body), and the corresponding second mounting formation of the drum body comprises at least one recess (notch) formed in the first end of the drum body, the projecting portion being received within the recess at the end of the drum body to form the second coupling (Clark’s Figure 4).
Regarding claim 12, the modified drum of Osborne shows that that the projecting portion(s) of the end piece are planar in shape and the recess(see the notches) in which the projecting portion(s) of the end piece are received comprise slot(s) extending in a plane perpendicular to the central axis of the drum body (see Clark’s Figure 4, the ends of the tongues 46 are planar and perpendicular to the central axis of the drum body).
Regarding claim 13-14, the modified drum of Osborne shows all limitations as stated above including the first and second mounting formations as stated in claims above, however, the modified drum of Osborne fails to discuss a third mounting formation (with fourth mounting formation…) as set forth in the claims 13-14.
With regards to “3rd mounting formation…” of claims 13-14, it would have been obvious to one having ordinary skill in the art to have made the collar to have third tongue and notch (more tongues and notches), since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8., in order to allow to firmly interlock the pairs of shells 16A to each other.
Regarding claim 15, the modified drum of Osborne shows that the end piece comprises a shaft portion that extends outwardly therefrom in a direction aligned with the longitudinal axis of the drum body, the shaft portion being configured to allow the dispensing drum to be rotatably mounted in a sheet material dispenser (see a shaft in Osborne’s Figure 9A and see the modification above the collar 43 is secured to the shaft).
Regarding claim 16, the modified drum of Osborne shows that a sheet material dispenser comprising the dispensing drum as stated in claim 1.
Regarding claim 17, the modified drum of Osborne teaches all of the limitations as stated in claims above.
Regarding claims 18-20, the modified drum of Osborne teaches all of the limitations as stated in claims above (while the collar is assembling to the drum).
Allowable Subject Matter
Claims 7-8, 11 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.
The following is a statement of reasons for the indication of allowable subject matter: claims 7-8, 11 does not anticipate or render obvious the features of
the protrusion comprises a shank portion and an enlarged portion located outboard of the shank portion with respect to the drum body, wherein the shank portion of the protrusion is received within the aperture provided in the end piece, and the enlarged portion of the protrusion overhangs at least a portion of the aperture as set forth in claims 7-8,
and wherein the second mounting formation of the end piece comprises first and second projecting portions that project from the main body of the end piece, and the corresponding second mounting formation of the drum body comprises a first recess formed in the first drum member and a second recess formed in the second drum member, the first projecting portion being received within the first recess and the second projecting portion being received within the second recess to form the second coupling as set forth in claim 11.
There appears to be no justification to modify the above mentioned reference, in any combination to meet the requirements of the claimed invention as set forth in claims 7-8 and 11.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. See new arts in the rejections above.
However, if Applicant still believes that the claimed invention’s apparatus/method different from the prior art’s apparatus/method or needs to discuss the rejections above or suggestion amendments that can be overcome the current rejections, Applicant should feel free to call the Examiner to schedule an interview.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHAT CHIEU Q DO whose telephone number is (571)270-1522. The examiner can normally be reached 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 2/25/2026