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 .
Election/Restrictions
Newly submitted claims 29-38 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Applicant original submission of claims 1-21 filed 07/14/2023 disclosed an embodiment wherein
“a plurality of support assemblies rotatably supporting a plurality of supplies of rolled sheet material within the at least one chamber of the dispenser housing,” “a bracket that is hingeably mounted to a portion of the dispenser housing,”
“a support structure mounted to a central portion of the dispenser housing;
and a spindle that is connected to the bracket and extends inwardly into the at least one chamber; wherein an inner end of the spindle is configured to be detachably supported by the support structure in a stored position;
wherein, to facilitate resupply, one or more of the support assemblies can be pivoted to move the respective inner end of the spindle upwardly and away from the support structure so that the respective inner end of the spindle is spaced away from the support structure in a load position that allows for the loading of a respective supply of rolled sheet material to be loaded onto the respective spindle,” as recited in claim 1.
Thus, indicating the support assemblies are mounted to one chamber of the dispenser housing and can be pivoted away from the support structure of the housing in a loading position.
New claims 29-38 change the configuration of the position of the support assemblies to be fixed on to the cover of the dispenser housing rather than the dispenser housing portion and wherein the spindle is detachable coupled to the cover. Claims 29-38 read on an alternative embodiment.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 29-38 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 22-24,39 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Massey (US 4,025,004) in view of Osborne (US 2020/0163498 A1).
Referring to claims 22 and 41. Massey discloses a sheet material dispenser (10; Figure 1), comprising:
a dispenser housing (housing of 10) defining at least one chamber (interior volume for 34 and 36);
a plurality of support assemblies (including assemblies 22,24,32 and 26,28 and 32) rotatably supporting a plurality of supplies of rolled sheet material (rolls 34 and 36) within the at least one chamber (interior volume for 34 and 36) of the dispenser housing (housing of 10);
Massey does not disclose a plurality of roller assemblies mounted within the dispenser housing, each roller assembly having a driven roller configured to drive sheet material from a respective supply of rolled sheet material.
Osborne discloses a sheet dispensing apparatus (10; Figure 1) wherein a plurality of roller assemblies (42 and 44; Figure 2A) mounted within the dispenser housing (12), each roller assembly (42 and 44; Figure 2A) having a driven roller (56 and 58) configured to drive sheet material (sheet material from roller 14) from a respective supply of rolled sheet material (roll 14); and
a drive mechanism (50; Figure 2A) operably coupled to a select one of the driven rollers (56 and 58) to selectively drive rotation of the select one driven roller (56 and 58).
further comprising one or more material detection modules (158A and 158B; Figure 1) mounted within the dispenser housing (housing of 12) adjacent a respective intake opening (top of rollers) of each of the roller assemblies (rollers 43 and 57); each material detection modules (158A and 158B; Figure 1) being configured to determine whether sheet material from the respective supply of rolled sheet material is being fed through the respective intake opening (Para. [0053] and [0054]) in a respective sensor area (area of sensors 158A and 158B; Figure 1) along a sheet path the sheet material follows (path 11) between the respective intake opening (top of rollers) and the respective roller assembly (rollers 43 and 57).
further comprising an activation system (160; Para. [0060]) configured for sensing proximity of a user and sensing an activation gesture made by the user (user’s hand movement) to initiate a dispensing operation of the sheet material (may be configured to detect an object placed in a detection zone external to the dispenser; Para. [0060]) and
wherein the activation system (160; Para. [0060]) comprises a dispenser activation sensor assembly (assembly of 160) at least partially positioned within a front recess of the dispenser housing (sensor, such as a proximity detector or other sensor 160, may be configured to detect an object placed in a detection zone external to the dispenser assembly 10 to initiate operation thereof; 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 Massey to include a plurality of roller assemblies mounted within the dispenser housing, each roller assembly having a driven roller configured to drive sheet material from a respective supply of rolled sheet material as taught by Osborne because a plurality of roller assemblies mounted within the dispenser housing would allow the sheet product to be dispensed by a driven mechanism without a user having to manually pull the sheet product.
Referring to claim 23. Osborne discloses a sheet dispensing apparatus (10; Figure 1),
wherein each support assembly (including assemblies 22,24,32 and 26,28 and 32) comprises:
a bracket (24) hingeably mounted to a portion of the dispenser housing (housing of 10);
a support structure (Figure 3) mounted to a central portion of the dispenser housing (housing of 10); and
a spindle (20) connected to the bracket (24) and extends inwardly into the at least one chamber (towards interior volume of 34); wherein an inner end of the spindle (inner end of 20; Figure 3) is configured to be detachably supported by the support structure (Figure 3) in a stored position (as shown in Figure 1);
wherein, to facilitate resupply (loading of product), one or more of the support assemblies (including assemblies 22,24,32 and 26,28 and 32) can be pivoted to move the respective inner end of the spindle (inner end of 20; Figure 3) upwardly and away from the support structure (pivot our of housing 10) wherein the respective inner end of the spindle (inner end of 20; Figure 3) is spaced away from the support structure (in a loading position) in a load position that allows for the loading of a respective supply of rolled sheet material (roll 34 and 36) to be loaded onto the respective spindle (20 or 18).
Referring to claims 24 and 39. Osborne discloses a sheet dispensing apparatus (10; Figure 1),
wherein the dispenser activation sensor assembly comprising an IR launching tube and an opposing IR receiving tube, and wherein the IR launching tube is configured to emit IR rays directly toward the IR receiving tube wherein the IR receiving tube will detect the IR rays from the IR launching tube unless the IR beam is broken, such as by an operator's hand (the sensor 160 may be an active device and include an active transmitter and associated receiver, such as one or more infrared (IR) transmitters and an IR receiver. The transmitter transmits an active signal in a transmission cone corresponding to the detection zone, and the receiver detects a threshold amount of the active signal reflected from an object placed into the detection zone; Para. [0060]).
Claims 25-28,40 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Massey (US 4,025,004) in view of Osborne (US 2020/0163498 A1) and further in view of Lewis (US 2012/0167739 A1).
Referring to claims 25 and 40. Massey in view of Osborne do not disclose wherein the activation system further comprises a visible light indicator that comprises a LED module configured to selectively emit one or more colors of visible light, and wherein the LED module is mounted in a portion of the front recess.
Lewis discloses an electronic sheet dispenser (10; Figure 1) wherein the activation system (Figure 16B) further comprises a visible light indicator (illumination of LED 426) that comprises a LED module (LED 426) configured to selectively emit one or more colors of visible light (When microcontroller 402 detects a low paper signal, microcontroller 402 asserts a signal to low paper LED 426 or similar signal and LED 426 will emit light informing a maintainer or user that the web material source is almost depleted; Para. [0083]), and wherein the LED module (LED 426) is mounted in a portion of the front recess (microcontroller 402 asserts a signal to low paper LED 426 or similar signal and LED 426 will emit light informing a maintainer or user that the web material source is almost depleted; Para. [0083]).
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 Massey in view of Osborne to include the activation system further comprises a visible light indicator that comprises a LED module configured to selectively emit one or more colors of visible light, and wherein the LED module is mounted in a portion of the front recess as taught by Lewis because the LED module would more readily relay status information of the dispenser to a user via the illuminated LED lights.
Referring to claim 26. Lewis discloses an electronic sheet dispenser (10; Figure 1) wherein the LED module (LED 426) is configured to emit visible light in differing colors of visible light to the operator to indicate different operational states of the dispenser assembly (The LED lights 502 may be any color but are preferred to be at least two different colors, which will be referred to as a first color and a second color; Para. [0113]).
Referring to claim 27. Osborne discloses a sheet dispensing apparatus (10; Figure 1),
wherein the activation system (160; Para. [0060]) further comprises a front sensor assembly (sensor 160; Figure 1) that comprises an IR launching tube and an IR receiving tube mounted adjacent the recess and oriented at an angle directed outwardly from the recess to form a forward sensing area (In an alternate embodiment, the sensor 160 may be an active device and include an active transmitter and associated receiver, such as one or more infrared (IR) transmitters and an IR receiver; Para. [0060]).
Referring to claims 28 and 42. Osborne discloses a sheet dispensing apparatus (10; Figure 1),
wherein the visible light indicator and the dispenser activation sensor assembly are deactivated until they are activated by a control unit receiving a signal from the front sensor assembly that indicates that an operator has moved into the forward sensing area (sensor are activated when a control unit is activated).
Response to Arguments
Applicant's arguments filed 12/23/2023 have been fully considered but they are not persuasive.
The amendment claims 22-28 are rejected in view of Massey (US 4,025,004) in view of Osborne (US 2020/0163498 A1). Newly presented claims 29-42 are rejected in light Massey (US 4,025,004) in view of Osborne (US 2020/0163498 A1) and further in view of Lewis (US 2012/0167739 A1) cited 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
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