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 .
DETAILED ACTION
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 4, 13 and 18-20 are 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. The limitation of Claims 4, 13, and 18 reading: “wherein the spring assembly and the cam track are designed such that the pull force required during charging of the one or more springs varies less than or equal to approximately 0.2 lbf over a range of approximately 30 degrees to 50 degrees of the rotation cycle of the knife drum” was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor, at the time the application was filed, had possession of the claimed invention. It is not clear what structure is present to fulfill the function and result of the pull force required during charging of the one or more springs to vary less than or equal to approximately 0.2 lbf over a range of approximately 30 degrees to 50 degrees of the rotation cycle of the knife drum. In par. 0100, it is disclosed that:
“as depicted in FIGs. 17A and 17B, the second torsion spring 1310 may be near fully charged with a change in energy 1504 of the second torsion spring 1310 now reduced to approximately 0.004 in-lbf (as the second torsion spring 1310 is charging at a reduced rate) and the change in energy 1506 of the first torsion spring 1308 may increase to approximately 0.027 in-lbf (as the first torsion spring 1308 is now charging at an increased rate). The Fpull 1502 may remain stable at approximately 1.0 lbf. The line 1507 along the graph of FIG. 17B indicates the position of the spring assembly as depicted in FIG. 17A along the cutting cycle. [00100] At approximately, 180 degrees the first torsion spring 1308 may be nearly- fully charged and the second torsion spring 1310 may be fully charged, as depicted in FIGs. 18A and 18B. In this regard, the change in energy 1504 of the second torsion spring 1310 may have decreased to approximately 0.0 in-lbf, and the change in energy 1506 of the first torsion spring 1308 may have decreased to approximately 0.005 in-lbf with Fpull 1502 of approximately 0.2 lbf. The line 1508 along the graph of FIG. 18B indicates the position of the spring assembly as depicted in FIG. 18A along the cutting cycle.”
Although a change in the in energy of the first and second torsion springs is disclosed as being either approximately .0004 and .027 respectively for the first and second springs, it is not clear how this change imparts a change in a pull force from a start to end of the cutting cycle is disclosed. Applicant does not disclose what structure would account for any such change, or how the structure would limit the range to the claimed range. As such, the limitation reading: “wherein the spring assembly and the cam track are designed such that the pull force required during charging of the one or more springs varies less than or equal to approximately 0.2 lbf over a range of approximately 30 degrees to 50 degrees of the rotation cycle of the knife drum” was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor, at the time the application was filed, had possession of the claimed invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 10-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
The limitations of Claims 5 and 10, reading: “the one or more springs charge and discharge non-sinusoidally to modulate pull force required by a user to complete a dispense” is indefinite. It is not clear how the springs charge and discharge non-sinusoidally, nor how or whether the pull force is modulated by such a non-sinusoidal charging of the springs. The terms “modulate” and “non-sinusoidally” are not present in the specification, and therefore are not given a special definition, nor described with significant specificity to determine the precise metes and bounds of the structure required to fulfill this function. The term sinusoidal is defined in Oxford languages dictionary as “having the form of a sine curve”, while the term modulate is defined in Oxford languages dictionary as: “exert a modifying or controlling influence on”. Thus, it appears that this limitation is directed to a force or influence by the spring mechanism which is at least partially varying (not in the form of a continuous sine curve).
This definition appears to be supported in the specification where in par 0098, it is noted that:
“The Fpull 1502 may start at approximately -0.6 lbf with the knife at 0 degrees. Both the change in energy 1506, e.g. AErspring, of the first torsion spring 1308 and the change in energy 1504, e.g. AEyspring, of the second torsion spring 1310 may increase as rotational force is applied to the knife drum 24. The change in energy 1504, 1506 is the amount of energy charged or discharged during 1 degree of rotation of the knife drum 24. The change in energy 1504, 1506 is used to calculate the pull force due to the torsion springs 1308, 1310 during each 1 degree of rotation of the knife drum 24. As the knife drum 24 rotates to 60 degrees, as shown in FIGs. 16A and 16B, the change in energy 1504 of the second torsion spring 1310 may be a value of approximately 0.012 in-lbf of stored energy per 1 degree of rotation of the knife drum 24 and may begin to decrease as the second torsion spring 1310 is compressed (note that even though the change in energy 1504 is decreasing at the knife drum 24 position of 60 degrees, the change in energy 1504 is still positive, which means that the second torsion spring 1310 continues to compress and store energy). The change in energy 1506 of the first torsion spring 1308 may increase to approximately 0.016 in-lbf of stored energy per 1 degree of rotation of the knife drum 24. Due to the designed curves of the change in energy 1504, 1506, the Fpull may increase and stabilize at approximately 1.0 lbf.”(emphasis added)
As noted above, this, disclosure appears to disclose that a change (non sinusoidal) of the pull force (modulating) required by a use is caused by springs acting on the knife drum in a manner in which a force of the springs on the drum includes charging and discharging of the springs during a rotation of the drum (e.g. non constant or non sinusoidal forces on the drum by the springs during the cycle). This is how the phrase will be interpreted as best understood under a broadest reasonable interpretation of the term in view of the specification.
Claims Not Subject to Prior Art Rejection
Claims 4, 13, and 18-20 have not been rejected using a prior art rejection.
However, no determination of allowability can be made in view of the 35 USC 112 issues presented above.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-12, and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20080217350, Hansen.
Regarding Claim 1, Hansen discloses a dispenser 10 for dispensing sheet product (25), the dispenser comprising:
a housing (11) configured to accommodate at least one source of sheet product (25, par. 0033 “A sheet material roll holder 31 supports sheet material roll 25 within housing 11”), wherein the housing defines an outlet (59) through which a leading end of the sheet product is dispensed (par. 0037, fig. 2);
a knife drum (19) that is rotatable with respect to the housing (par. 0036-0037);
a knife (61) that is movable between a retracted position within the knife drum (fig. 13) and an extended position (fig. 15) with at least a portion of the knife protruding outside of the knife drum (Fig. 15), wherein the knife is operable to cut the sheet product (par. 0036-0037); a cam track (151);
a cam follower (145) operable to travel along the cam track to transition the knife between the retracted position and the extended position during a rotation cycle of the knife drum (see par. 0055-0056);
and a spring assembly (Fig. 19, 81 and spring 73) attached to the knife (operably, fig. 19) and comprising one or more springs (81 and 73), wherein the one or more springs are configured to charge and discharge during the rotation cycle of the knife drum as the cam follower travels along the cam track (par 0044, since the spring 73, charges and is discharged during rotation of the drum 19, e.g. to return [via discharging/retracting] the drum to its resting position after the spring has been charged), wherein the spring assembly and the cam track are designed such that a maximum pull force required by the user during the rotation cycle of the knife drum is less than or equal to approximately 1.0 lbf (par 0049).
Regarding Claim 2, Hansen discloses: the spring assembly and the cam track are designed such that any pull force from the user is only required for approximately 200 degrees or less of the rotation cycle of the knife drum (par 0054, “Preferably, web severing occurs between about 70 degrees to about 110 degrees to the tangent of circumference 45 at the point of cutting. Such angle is a highly efficient cutting angle ensuring that energy is efficiently used to sever web 29”; see also fig’s 13-15, where the part 107 is shown to travel about half the circumference of the drum from the blade rest position shown fig. 13 to the blade cut position fig. 15).
Regarding Claim 3, in Hansen the spring assembly and the cam track are designed such that pull force required during charging of the one or more springs is stable (see par.0049, where it is disclosed that the pull force is “about 0.7 pounds to about 1.2 pounds of pull force depending on the basis weight of the sheet material web 29 dispensed from dispenser 10”. Thus, the force is stable for at least one moment in time during rotation).
Regarding claim 5, in Hansen, the dispenser of claim 1, also includes the spring assembly and the cam track are designed such that, during the rotation cycle of the knife drum, the one or more springs charge and discharge non-sinusoidally to modulate pull force required by a user to complete a dispense. (par 0044, since the spring 73, charges and is discharged during rotation of the drum 19, e.g. to return [via discharging/retracting] the drum to its resting position after the spring has been charged; and thus acts on the drum at varying forces, e.g. from the extended to the retracted positions of the spring; see 35 USC 112(b) interpretation above; see also, par 0062 which discloses that the position and thus force exerted by the spring can be varied).
Regarding claim 6, in Hansen the one or more springs comprises at least a first spring 81 and a second spring 73, wherein the first spring is independently chargeable and dischargeable from the second spring (since the springs are independently connected at different ends of the drum, they move independently of one another).
Regarding Claim 7, in Hansen a first change in energy for the first spring is different over the rotation cycle of the knife drum than a second change in energy for the second spring (Since the springs are activated at different times along different paths and directions the energy change in one spring will be necessarily higher or lower than the change in the other spring at at least some instances during a rotation of the drum).
Regarding claim 8, in Hansen, the spring assembly comprises a 4-bar linkage (fig. 19, arms 87, 105 and 107 and the knob 97; see fig. 19 and par. 0045 and 0051).
Regarding claim 9, in Hansen, the spring assembly comprises a first movable pivot point (83, shown moveable during rotation of the drum in fig. 19, see also par 0047) and a second movable pivot point (145, shown moveable in figs. 13-15 during rotation of the drum), wherein both the first movable pivot point and the second movable pivot point are movable with respect to the cam track as the knife drum rotates (fig’s. 13-14 and 19).
Regarding Claim 10, Hansen discloses a dispenser 10 for dispensing sheet product (25), the dispenser comprising (par. 0030): a housing 11 configured to accommodate at least one source of sheet product (25), wherein the housing defines an outlet (59) through which a leading end of the sheet product is dispensed (par 0037);
a knife drum 19 that is rotatable with respect to the housing (par. 0033);
a knife 61 that is movable between a retracted position within the knife drum (fig. 13) and an extended position with at least a portion of the knife protruding outside of the knife drum, (fig. 15), wherein the knife is operable to cut the sheet product (par 0055-0059); a cam track (151);
a cam follower 145 operable to travel along the cam track to transition the knife between the retracted position and the extended position during a rotation cycle of the knife drum (see par. 0055-0056); and
a spring assembly (Fig. 19, 81 and spring 73) attached to the knife and comprising one or more springs (73 and 81), wherein the one or more springs are configured to charge and discharge during the rotation cycle of the knife drum as the cam follower travels along the cam track (par 0044, since the spring 73, charges and is discharged during rotation of the drum 19, e.g. to return [via discharging/retracting] the drum to its resting position after the spring has been charged; see 35 USC 112(b) interpretation above),
wherein the spring assembly and the cam track are designed such that, during the rotation cycle of the knife drum, the one or more springs charge and discharge non- sinusoidally to modulate pull force required by a user to complete a dispense (par 0044, since the spring 73, charges and is discharged during rotation of the drum 19, e.g. to return [via discharging/retracting] the drum to its resting position after the spring has been charged; and thus acts on the drum at varying forces, e.g. from the extended to the retracted positions of the spring; see 35 USC 112(b) interpretation above; see also, par 0062 which discloses that the position and thus force exerted by the spring can be varied).
Regarding claim 11, in Hansen the spring assembly and the cam track are designed such that the pull force from the user is only required for approximately 200 degrees or less of the rotation cycle of the knife drum (par 0054, “Preferably, web severing occurs between about 70.degree. to about 110.degree. to the tangent of circumference 45 at the point of cutting. Such angle is a highly efficient cutting angle ensuring that energy is efficiently used to sever web 29”; see also fig’s 13-15, where the part 107 is shown to travel about half the circumference of the drum from the blade rest position shown fig. 13 to the blade cut position fig. 15).
Regarding claim 12, in Hansen the spring assembly and the cam track are designed such that the pull force required during charging of the one or more springs is stable (see par.0049, where it is disclosed that the pull force is “about 0.7 pounds to about 1.2 pounds of pull force depending on the basis weight of the sheet material web 29 dispensed from dispenser 10”. Thus, the force is stable for at least one moment in time during rotation).
Regarding claim 14, in Hansen the one or more springs comprises at least a first spring 81 and a second spring (73), wherein the first spring is independently chargeable and dischargeable from the second spring (since the springs are independently connected at different ends of the drum, they move independently of one another).
Regarding Claim 15, in Hansen a first change in energy for the first spring is different over the rotation cycle of the knife drum than a second change in energy for the second spring (Since the springs are activated at different times along different paths and directions the energy change in one spring will be necessarily higher or lower than the change in the other spring at least some instances during a rotation of the drum).
Regarding claim 16, in Hansen the spring assembly comprises a 4-bar linkage (fig. 19, arms 87, 105 and 107 and the knob 97; see fig. 19 and par. 0045 and 0051).
Regarding claim 17, in Hansen the spring assembly comprises a first movable pivot point (83, shown moveable during rotation of the drum in fig. 19, see also par 0047) and a second movable pivot point (145, shown moveable in figs. 13-15 during rotation of the drum), wherein both the first movable pivot point and the second movable pivot point are movable with respect to the cam track as the knife drum rotates (fig’s. 13-14 and 19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 20180325331, 7357348, 20080217350, 20160037979, 20200029751, 6474209, 6378725, 5441189 and 20200029750, disclose state of the art sheet dispensers with spring assemblies. Thus, each of these references disclose elements relevant to the present invention/application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached on 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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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724