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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/30/26 has been entered.
Response to Arguments
Applicant argues that the prior art does not teach and/or suggest the amendment made to independent claims 1 and 33. Furthermore, the Applicant alleges that the Examiner has not shown how the chassis moves in a linear path.
In response, the Examiner respectfully disagree with the Applicant. The rejections of claims 1 and 33 are restated herein with explanatory comments embedded therein:
Claim 1, Borke discloses a sheet product dispenser comprising: a first roll holder (1131) configured to support a first product roll; a second roll holder (1136) configured to support a second product roll; a housing including a base portion (1112; fig.32a; bottom portion wherein 1137 protrudes) and a cover (1114), wherein the cover is movable relative to the base portion to define an open position and a closed position (see figures); and a chassis (1190,1126,1183) movably mounted below the first roll holder and the second roll holder and constrained to move along a linear and radial path between a retracted position (fig.32a) and an extended position (figs.32a-32b; chassis 1190 is depicted in fig.32a to be contained inside the dispenser 1100; in fig.32b, the chassis, which is made up of 1190,1126,1183 pivot towards the outside of the dispenser; this motion is required in order for 1136 to be outside the housing; furthermore, the pivot motion consists of both radial motion and linear displacement; thus, the motion of the chassis is indeed constrained to radial and linear displacement) spaced apart from the retracted position, wherein the chassis (1190) is at least partially outside of the base portion when in the extended position, wherein the chassis is movable away from the base portion to the extended position when the cover is in the open position (fig.32).
Although Borke does not disclose the chassis (1190,1126,1183) constrained to move along a linear path, it would have been obvious to one of ordinary skill in the art to modify the prior art to remove or block the radial motion, thereby leaving only the linear path. Furthermore, selecting one of the multiple movement paths already disclosed by the Borke reference is a routine expedient since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Even further, although Borke does not disclose a chassis (1190) mounted between the first roll holder (1131) and the second roll holder (1136), it would have been very obvious to one of ordinary skill in the art before the effective filing date to implement the chassis in any number of arbitrary positions within the housing since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 33, Borke discloses a sheet product dispenser configured for mounting to or within a wall, the sheet product dispenser comprising: a first roll holder (1131) configured to support a first product roll; a second roll holder (1136) configured to support a second product roll; a housing including a base portion (1112; fig.32a; bottom portion wherein 1137 protrudes) and a cover (1114), wherein the cover is movable relative to the base portion to define an open position and a closed position (see figures); and a chassis (1190,1126,1183) movably mounted to the base portion and movable along a linear path (figs.32a-32b; chassis 1190 is depicted in fig.32a to be contained inside the dispenser 1100; in fig.32b, the chassis, which is made up of 1190,1126,1183 pivot towards the outside of the dispenser; this motion is required in order for 1136 to be outside the housing; furthermore, the pivot motion consists of both radial motion and linear displacement; thus, the motion of the chassis is indeed constrained to radial and linear displacement) between a retracted position (fig.32a) and an extended position spaced apart from the retracted position, the chassis comprising: a first dispensing mechanism comprising a first drive roller (fig.32a; drive roller above 1137), wherein the first dispensing mechanism is configured to receive sheet product of the first product roll and dispense a portion of the sheet product of the first product roll; and a second dispensing mechanism comprising a second drive roller (fig.32a; second drive roller above 1137 closer to 1113), wherein the second dispensing mechanism is configured to receive sheet product of the second product roll and dispense a portion of the sheet product of the second product roll, wherein the housing is sized such that a full size first product roll and a full size second product roll fit within the housing when the cover is in the closed position (see fig.32).
Although Borke does not explicitly disclose wherein the housing defines a volume of 1500 in. or less, wherein the full size first product roll defines a diameter of at least 6.5 in., a width of 9.8 in. or less, and provides 500 feet or more of sheet product, wherein the full size second product roll defines a diameter of at least 6.5 in., a width of 9.8 in. or less, and provides 500 feet or more of sheet product, it would have been obvious to one of ordinary skill in the art to implement any arbitrary size for the housing to accommodate any arbitrary size of the first product roll and second product roll since such a
modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Therefore, from the explanations given above using figs.32a-32b of the Borke et al., it is very apparent that the chassis does move along a linear path in order to move to the exterior of the housing of the dispenser 1100.
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 1-10,13,16,28 rejected under 35 U.S.C. 103 as being unpatentable over Borke et al. (US 2017/0290473).
Claim 1, Borke discloses a sheet product dispenser comprising: a first roll holder (1131) configured to support a first product roll; a second roll holder (1136) configured to support a second product roll; a housing including a base portion (1112; fig.32a; bottom portion wherein 1137 protrudes) and a cover (1114), wherein the cover is movable relative to the base portion to define an open position and a closed position (see figures); and a chassis (1190,1126,1183) movably mounted below the first roll holder and the second roll holder and constrained to move along a linear and radial path between a retracted position (fig.32a) and an extended position (figs.32a-32b; chassis 1190 is depicted in fig.32a to be contained inside the dispenser 1100; in fig.32b, the chassis, which is made up of 1190,1126,1183 pivot towards the outside of the dispenser; this motion is required in order for 1136 to be outside the housing; furthermore, the pivot motion consists of both radial motion and linear displacement; thus, the motion of the chassis is indeed constrained to radial and linear displacement) spaced apart from the retracted position, wherein the chassis (1190) is at least partially outside of the base portion when in the extended position, wherein the chassis is movable away from the base portion to the extended position when the cover is in the open position (fig.32).
Although Borke does not disclose the chassis (1190,1126,1183) constrained to move along a linear path, it would have been obvious to one of ordinary skill in the art to modify the prior art to remove or block the radial motion, thereby leaving only the linear path. Furthermore, selecting one of the multiple movement paths already disclosed by the Borke reference is a routine expedient since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Even further, although Borke does not disclose a chassis (1190) mounted between the first roll holder (1131) and the second roll holder (1136), it would have been very obvious to one of ordinary skill in the art before the effective filing date to implement the chassis in any number of arbitrary positions within the housing since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 2, Borke discloses wherein the chassis (1190) comprises: a first dispensing mechanism comprising a first drive roller (fig.32a; drive roller above 1137), wherein the first dispensing mechanism is configured to receive sheet product of the first product roll and dispense a portion of the sheet product of the first product roll; and a second dispensing mechanism (fig.32a; second drive roller above 1137 closer to 1113) comprising a second drive roller, wherein the second dispensing mechanism is configured to receive sheet product of the second product roll and dispense a portion of the sheet product of the second product roll.
Claim 3, Borke discloses wherein, when the chassis (1190) is in the retracted position (fig.32a), a user is unable to insert or remove a full size first product roll into the first roll holder (1131) or insert or remove a full size second product roll into the second roll holder (1136), wherein, when the chassis is in the extended position (fig.32b), the user is able to insert or remove the full size first product roll into the first roll holder or insert or remove the full size second product roll into the second roll holder.
Claim 4, Borke discloses wherein when the chassis (1190) is in the retracted position (fig.32a), a first opening (fig.32a) between a top edge of the base portion (fig.32a; bottom portion wherein 1137
protrudes) and a top edge of the chassis (1190) defines a first width and a second opening (fig.32a) between a bottom edge of the base portion and a bottom edge of the chassis defines a second width, wherein, when the chassis (1190) is in the extended position (fig.32b), the first opening between the top edge of the base portion and the top edge of the chassis defines a third width and the second opening between the bottom edge of the base portion and the bottom edge of the chassis defines a fourth width (fig.32).
Although Borke does not explicitly disclose a first width that is less than a diameter of a full size first product roll and a second width that is less than a diameter of a full size second product roll; a third width that is greater than or equal to the diameter of the full size first product roll and the second opening between the bottom edge of the base portion and the bottom edge of the chassis defines a fourth width that is greater than or equal to the diameter of the full size second product roll, it would have been very obvious to one of ordinary skill in the art to implement any number of desirable widths for the first and second opening when the chassis is in the retracted and extended positions since such modification merely require routine skill in the art to implement.
Claim 5, Borke discloses wherein the first roll holder (1131) is mounted within the base portion (1112) at a first position, wherein the second roll holder (1136) is mounted within the base portion at a second position, wherein the first position is vertically above the second position (fig.32a).
Claim 6, Borke discloses wherein the first roll holder (1131) is vertically aligned with the second roll holder (1136).
Claim 7, Borke discloses wherein the chassis (1190) is movable from the retracted position (fig.32a) to the extended position (fig.32b) in a direction that is perpendicular to a plane corresponding to a wall that the sheet product dispenser is mounted on or within (fig.32; para.0093).
Claim 8, Borke discloses wherein the chassis (1190) automatically moves to the extended position (fig.32b) as the cover (1114) moves to the open position.
Claim 9, Borke discloses wherein the chassis (1190) is biased to the extended position (fig.32b).
Claim 10, Borke discloses wherein the cover (1114) defines a chassis (1190) movement feature that is configured to interact with the chassis (1190) to cause movement of the chassis from the retracted position (fig.32a) to the extended position (fig.32b).
Claim 13, Borke discloses wherein the chassis (1190) is configured to move to the extended position (fig.32b) in response to receiving user input (para.0205; chassis can be configured to automatically pivot out of the housing; this inherently occurs as a result of a user input).
Claim 16, Borke discloses wherein the chassis (1190) is movably mounted in a center of the base portion (fig.32a; bottom portion wherein 1137 protrudes).
Claim 28, Borke discloses a vibration sensor (para.0342) configured to sense vibration of a tear bar (3210), wherein the tear bar is configured to vibrate during removal of a dispensed portion of the sheet product from the first product roll or a dispensed portion of the sheet product from the second product roll.
Claim 18 rejected under 35 U.S.C. 103 as being unpatentable over Borke et al. (US 2017/0290473) in view of Bartman et al. (US 2021/0085136).
Claim 18, Borke discloses a controller and a plurality of sensors (see figures).
Borke does not disclose a plurality of conductive sensors distinctly positioned relative to a front surface of the cover, wherein a capacitance of each of the plurality of conductive sensors is measurable by the controller, wherein the controller is configured to: sense a relative capacitance of the plurality of conductive sensors; determine an instance in which the relative capacitance indicates that a user is present within a sense zone relative to the cover, wherein the sense zone is vertically lower than the chassis and vertically above a bottom edge of the cover; and cause, in response to determining that the user is present within the sense zone, a dispense operation to occur.
Bartman discloses a conductive sensor (a capacitance sensor is a conductive sensor) distinctly positioned relative to a front surface of the cover (911'; fig.3), wherein a capacitance of the conductive sensor is measurable by the controller (the capacitance of a conductive sensor is inherently measurable by a controller), wherein the controller is configured to: sense a relative capacitance of the conductive sensor (para.0128-0129); determine an instance in which the relative capacitance indicates that a user is present within a sense zone relative to the cover (para.0128-0129), wherein the sense zone is vertically above a bottom edge of the cover (fig.3b); and cause, in response to determining that the user is present within the sense zone, a dispense operation to occur (para.0128-0129). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Borke with a plurality of conductive sensors distinctly positioned relative to a front surface of the cover, wherein a capacitance of each of the plurality of conductive sensors is measurable by the controller, wherein the controller is configured to: sense a relative capacitance of the plurality of conductive sensors; determine an instance in which the relative capacitance indicates that a user is present within a sense zone relative to the cover, wherein the sense zone is vertically lower than the chassis and vertically above a bottom edge of the cover; and cause, in response to determining that the user is present within the sense zone, a dispense operation to occur simply because the use of conductive/capacitance sensors for dispensing sheets is widely known in the art and such implementation merely require routine skill in the art to implement.
Although Bartman does not disclose a plurality of conductive sensors, it would have been obvious to one of ordinary skill in the art before the effective filing date to implement such a configuration 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.
Claims 33-36 rejected under 35 U.S.C. 103 as being unpatentable over Borke et al. (US
2017/0290473).
Claim 33, Borke discloses a sheet product dispenser configured for mounting to or within a wall, the sheet product dispenser comprising: a first roll holder (1131) configured to support a first product roll; a second roll holder (1136) configured to support a second product roll; a housing including a base portion (1112; fig.32a; bottom portion wherein 1137 protrudes) and a cover (1114), wherein the cover is movable relative to the base portion to define an open position and a closed position (see figures); and a chassis (1190,1126,1183) movably mounted to the base portion and movable along a linear path (figs.32a-32b; chassis 1190 is depicted in fig.32a to be contained inside the dispenser 1100; in fig.32b, the chassis, which is made up of 1190,1126,1183 pivot towards the outside of the dispenser; this motion is required in order for 1136 to be outside the housing; furthermore, the pivot motion consists of both radial motion and linear displacement; thus, the motion of the chassis is indeed constrained to radial and linear displacement) between a retracted position (fig.32a) and an extended position spaced apart from the retracted position, the chassis comprising: a first dispensing mechanism comprising a first drive roller (fig.32a; drive roller above 1137), wherein the first dispensing mechanism is configured to receive sheet product of the first product roll and dispense a portion of the sheet product of the first product roll; and a second dispensing mechanism comprising a second drive roller (fig.32a; second drive roller above 1137 closer to 1113), wherein the second dispensing mechanism is configured to receive sheet product of the second product roll and dispense a portion of the sheet product of the second product roll, wherein the housing is sized such that a full size first product roll and a full size second product roll fit within the housing when the cover is in the closed position (see fig.32).
Although Borke does not explicitly disclose wherein the housing defines a volume of 1500 in. or less, wherein the full size first product roll defines a diameter of at least 6.5 in., a width of 9.8 in. or less, and provides 500 feet or more of sheet product, wherein the full size second product roll defines a diameter of at least 6.5 in., a width of 9.8 in. or less, and provides 500 feet or more of sheet product, it would have been obvious to one of ordinary skill in the art to implement any arbitrary size for the housing to accommodate any arbitrary size of the first product roll and second product roll since such a
modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 34, although Borke does not explicitly disclose wherein the housing (fig.32) has a height of 15 inches or less and, when mounted in a recessed manner within the wall (para.0093), extends 4 inches or less outwardly from the wall, it would have been obvious to one of ordinary skill in the art to implement any arbitrary size for the housing when mounted within the wall since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 35, Borke discloses wherein the chassis (1190) is configured to move from the retracted position (fig.32a) to the extended position (fig.32b) to enable loading of a replacement full size first product roll or a replacement full size second product roll.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date to implement wherein a distance between the retracted position and the extended position is 1.5 inches or less as disclosed by the Applicant since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 36, Borke discloses wherein the full size first product roll defines a diameter of at least 6.7 in., a width of 8.2 in. or less, and provides 550 feet or more of sheet product, wherein the full size second product roll defines a diameter of at least 6.7 in., a width of 8.2 in. or less, and provides 550 feet or more of sheet product. Claim 36 fails to further structurally limit the apparatus claim and only further limit the material handled by the apparatus and therefore does not determine patentability (see at least MPEP 2114,2115).
Allowable Subject Matter
Claims 11-12,21-24 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.
Claim 30 is allowed.
The following is an examiner's statement of reasons for allowance: a sheet product dispenser including the features "wherein the chassis is movable away from the base portion and the first roll holder and the second roll holder to the extended position when the cover is in the open position. " in combination with the remaining claim language is not taught by the prior art.
Conclusion
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/AYODEJI H OJOFEITIMI/Examiner, Art Unit 3651
