Final Rejection
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the limitations “wherein greater than 80% of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side are disposed on the stack right side” as recited in claim 7 lines 1-3 must be shown or the feature(s) canceled from the claim(s). Therefore, at least 20% of the connections would be on the stack left side. In the drawings provided and referred to in the remarks dated 05/05/2026, argues the connections as being shown in 7, 8D and 9. In view of the Examiner, the connection are all disposed in the right side of the stack. Thus 100 % of the connection as shown are on the right side of the stack. No new matter should be entered.
Therefore, the limitations “wherein no portions of the orifice first side edge and the orifice second side edge comprise a concave shape” as recited in claim 13 lines 1-3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the limitations “wherein no projection line tangent to the orifice second side edge at any point on the orifice second side edge further away from the orifice top edge or the orifice bottom edge in the longitudinal direction than 10% of the orifice length dimension forms an angle of greater than 20 degrees with respect to the longitudinal direction” as recited in claim 14 lines 1-4 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the limitations “projection line tangent” as recited in claim 1 line 30 must be shown or the feature(s) canceled from the claim(s). Similar issue in claims 10 and 22. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Element number “70a”, “70b”, “70d”, “70c”, “72b”, “72a”, “72d and “72c” not disclosed in the specifications.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “113” has been used to designate a “width,” “stack transverse width” and “stack transverse width dimension”.
Further reference character “72” has been used to designate a “transverse width dimension” and “the whole transverse width”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-14,16,17 and 19-25 are rejected under 35 U.S.C. 103 as being unpatentable over Dieringer (US 2018/0362236 A1) in view of Price (US 2018/0092496 A1).
Referring to claims 1 and 7. Dieringer discloses a flexible pouch (100) for storing and dispensing a plurality of sheets of product, the pouch comprising:
a bottom portion (126) with side portions (side walls, 120,122,123,127) adjoined to the bottom portion (126) and each side portion adjoined to an adjacent side portion and the side portions extending away from the bottom portion (126), the side portions also adjoined to a top portion (124) with the top portion overlying the bottom portion and being generally parallel to the bottom portion (see configuration in Figure 3 and 4), the plurality of sheets of product (164) being positioned within the pouch (100);
the pouch (100) having a pouch transverse dimension extending along a transverse direction (A2 direction) and a pouch longitudinal dimension extending along a longitudinal direction (A1 direction), the pouch transverse dimension (A2 direction) being greater than the pouch longitudinal dimension (A1 direction);
the plurality of sheets of product (164) disposed within the pouch in a folded, stacked configuration (see Figure 5) and collectively defining a stack (164)
having a stack transverse right end (end 50) and a stack transverse left end (end 54) along with a stack longitudinal centerline extending in the longitudinal direction (line extending through the center of 60 as shown in Figure 1) and positioned midway between the transverse right end (end 50) and stack transverse left end (54), the stack (164) further defining a stack right side (right side of 60; as seen in Figure 1) between the stack longitudinal centerline (line extending through the center of 60 as shown in Figure 1) and the stack transverse right end (end 50) and a stack left side (left side of 60; as seen in Figure 1) between the stack longitudinal centerline and the stack transverse left end (54), wherein each sheet (60) is connected to at least one other sheet of the stack via a connection (fold connection), and
wherein a majority of connections connecting successive wipes are disposed entirely on only the stack right side (interleaved portion of wipe); and
a dispensing orifice (140; Figure 3) in the top portion (124), the dispensing orifice (140) having:
an orifice width dimension in the transverse dimension (dimension of 140 in the A2 direction; Figure 3) extending between an orifice first side edge (bottom edge of 140 as seen in Figure 3) and an orifice second side edge (top edge of 140 as seen in Figure 3),
the orifice first side edge (bottom edge of 140 as seen in Figure 3) and the orifice second side edge (top edge of 140 as seen in Figure 3) each extending from an orifice top edge (top edge of 140 as seen in Figure 3) to an orifice bottom edge (bottom edge of 140 as seen in Figure 3); and
an orifice length dimension (140 dimension in direction A1) extending in the longitudinal direction (direction of A2) perpendicular to the transverse direction (A2 direction),
the orifice length dimension (140 dimension in direction A1) defining a longest dimension of the dispensing orifice (A1 in the longest dimension of 140),
wherein the orifice second side edge (top edge of 140 as seen in Figure 3) is disposed closer to the stack transverse right end (right side of stack as seen in Figure 4) than the orifice first side edge (bottom edge of 140 as seen in Figure 3), and
wherein a portion of the orifice second side edge (top edge portion of 140 as seen in Figure 3) disposed most closely to the stack transverse right end (right side of stack as seen in Figure 4).
Dieringer further discloses wherein any tangent line (line 147; Figure 7) off a central portion (center portion of 140 between lines 143 and 141) of the orifice second side edge (at 143) forms an angle of less than 20 degrees with respect to the longitudinal direction (see tangent line 147 as the curved line of the circumference of 140 approaches 0 degrees at A2, thus line 147 and the curvature of the circumference of 140 must form 20 degrees therebetween; Figure 7), the central portion (center portion of 140 between lines 143 and 141) being disposed away from the orifice top edge (at top apex of A2) or the orifice bottom edge (at bottom apex of A2) in the longitudinal direction by a distance of 20% of the orifice length dimension (length of 140 between side 143 and 141).
Dieringer does not disclose wherein a majority of connections connecting successive wipes are disposed entirely on only one of the stack right side and the stack left side with a majority of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side disposed on the stack right side.
Price discloses a plurality of interconnected wipes for use in dispenser (10; Figure 6) wherein a majority of connections (152 and 142; Figure 7) connecting successive wipes (30,32 and 34; Figure 7) are disposed entirely on only one of the stack right side (14; see Figure 7) and the stack left side (16) with a majority of the connections which connect successive wipes entirely on only one of the stack right side (on the right side 142) and the stack left side (on the left side 152) disposed on the stack right side.
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 Dieringer to include a majority of connections connecting successive wipes disposed entirely on one of the stack right side and the stack left side with a majority of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side disposed on the stack right side as taught by Price because the majority of connections on the right and left side of the wipes would allow a user to withdraw individual wipes from the dispenser stack in a balanced left and right removal thus prevent multiple wipes being removed from the stack.
Dieringer in view of Price do not disclose wherein a portion of the orifice second side edge disposed most closely to the stack transverse right end is disposed between 30 mm and 50 mm from a majority of the connections disposed on the stack right side.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such that the orifice second side edge disposed most closely to the stack transverse right end is disposed between 30 mm and 50 mm from a majority of the connections disposed on the stack right side, 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.
Referring to claim 2. Dieringer in view of Price do not disclose wherein the portion of the orifice second side edge disposed most closely to the stack transverse right end is disposed between 35 mm and 45 mm from the connections disposed on the stack right side.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such that a portion of the orifice second side edge disposed most closely to the stack transverse right end is disposed between 35 mm and 45 mm from the connections disposed on the stack right side, 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.
Referring to claim 3. Dieringer in view of Price do not disclose wherein the stack has a transverse width extending between the stack transverse left end and the stack transverse right end of between 100 mm and 300 mm.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such that the stack has a transverse width extending between the stack transverse left end and the stack transverse right end of between 100 mm and 300 mm, 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.
Referring to claim 4. Dieringer in view of Price do not disclose wherein the flexible pouch has a stack region transverse width extending in the transverse direction, and wherein the stack transverse width is less than or equal to 10 mm less than the stack region transverse width.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such that the flexible pouch has a stack region transverse width extending in the transverse direction, and wherein the stack transverse width is less than or equal to 10 mm less than the stack region transverse width, 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.
Referring to claim 5. Dieringer in view of Price do not disclose wherein the orifice width dimension is between 20 mm and 40 mm.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such that the orifice width dimension is between 20 mm and 40 mm, 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.
Referring to claim 6. Dieringer in view of Price do not disclose wherein greater than 80% of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side are disposed on the stack right side.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such that a greater than 80% of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side are disposed on the stack right side, 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.
Referring to claims 10-12. Dieringer discloses a flexible pouch (100) for storing and dispensing a plurality of sheets of product, the pouch comprising:
a bottom portion (126) with side portions (side walls, 120,122,123,127) adjoined to the bottom portion (126) and each side portion adjoined to an adjacent side portion and the side portions extending away from the bottom portion (126), the side portions also adjoined to a top portion (124) with the top portion overlying the bottom portion and being generally parallel to the bottom portion (see configuration in Figure 3 and 4), the plurality of sheets of product (164) being positioned within the pouch (100);
the pouch (100) having a pouch transverse dimension extending along a transverse direction (A2 direction) and a pouch longitudinal dimension extending along a longitudinal direction (A1 direction), the pouch transverse dimension (A2 direction) being greater than the pouch longitudinal dimension (A1 direction);
the plurality of sheets of product (164) disposed within the pouch in a folded, stacked configuration (see Figure 5) and collectively defining a stack (164)
having a stack transverse right end (end 50) and a stack transverse left end (end 54) along with a stack longitudinal centerline extending in the longitudinal direction (line extending through the center of 60 as shown in Figure 1) and positioned midway between the transverse right end (end 50) and the stack transverse left end (54), the stack (164) further defining a stack right side (right side of 60; as seen in Figure 1) between the stack longitudinal centerline (line extending through the center of 60 as shown in Figure 1) and the stack transverse right end (end 50) and a stack left side (left side of 60; as seen in Figure 1) between the stack longitudinal centerline and the stack transverse left end (54), wherein each sheet (60) is connected to at least one other sheet of the stack via a connection (fold connection), and
wherein a majority of connections connecting successive wipes are disposed entirely on the stack right side; and
a dispensing orifice (140; Figure 3) in the top portion (124), the dispensing orifice (140) having:
an orifice width dimension (dimension of 140 in the A2 direction; Figure 3) extending in the transverse direction (in direction extending along A2) from an orifice first side edge (bottom edge of 140 as seen in Figure 3) to an orifice second side edge (top edge of 140 as seen in Figure 3), in the transverse dimensions, the orifice first side edge (bottom edge of 140 as seen in Figure 3) and the orifice second side edge (top edge of 140 as seen in Figure 3) each extending from an orifice top edge (top edge of 140 as seen in Figure 3) to an orifice bottom edge (bottom edge of 140 as seen in Figure 3) with at least one of the orifice first side edge (bottom edge of 140 as seen in Figure 3) and the orifice second side edge (top edge of 140 as seen in Figure 3) comprising a convex shape (see shape of orifice 140; Figure 3); and
an orifice length dimension (140 dimension in direction A1) extending in the longitudinal direction (direction of A2) perpendicular to the transverse direction (A2 direction),
the orifice length dimension (140 dimension in direction A1) defining a longest dimension of the dispensing orifice (A1 in the longest dimension of 140),
wherein the orifice second side edge (top edge of 140 as seen in Figure 3) is disposed closer to the stack transverse right end (right side of stack as seen in Figure 4) than the orifice first side edge (bottom edge of 140 as seen in Figure 3), and
wherein a portion of the orifice second side edge (top edge portion of 140 as seen in Figure 3) disposed most closely to the stack transverse right end (right side of stack as seen in Figure 4).
Dieringer further discloses the orifice first side edge (140 at 146) has a first degree of curvature (see curved portion of 140 at 146), and the orifice second side edge (140 at 149) has a second degree of curvature (see curved portion of 140 at 149), the first degree of curvature (positive curvature) being greater than the second degree of curvature (negative curvature).
Dieringer does not disclose wherein a majority of connections connecting successive wipes are disposed entirely on only one of the stack right side and the stack left side with a majority of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side disposed on the stack right side.
Price discloses a plurality of interconnected wipes for use in dispenser (10; Figure 6) wherein a majority of connections (152 and 142; Figure 7) connecting successive wipes (30,32 and 34; Figure 7) are disposed entirely on only one of the stack right side (14; see Figure 7) and the stack left side (16) with a majority of the connections which connect successive wipes entirely on only one of the stack right side (on the right side 142) and the stack left side (on the left side 152) disposed on the stack right side.
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 Dieringer to include a majority of connections connecting successive wipes disposed entirely on one of the stack right side and the stack left side with a majority of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side disposed on the stack right side as taught by Price because the majority of connections on the right and left side of the wipes would allow a user to withdraw individual wipes from the dispenser stack in a balanced left and right removal thus prevent multiple wipes being removed from the stack.
Dieringer in view of Price do not disclose wherein a portion of the orifice second side edge disposed most closely to the stack transverse right end is disposed between 30 mm and 50 mm from a majority of the connections disposed on the stack right side.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such that the orifice second side edge disposed most closely to the stack transverse right end is disposed between 30 mm and 50 mm from a majority of the connections disposed on the stack right side, 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.
Referring to claim 13. Dieringer in view of Price do not discloses wherein no portions of the orifice first side edge (at 143) and the orifice second side edge (at 141) have only convex (see convex shapes left and right side of A2 at the bottom of 140) or flat shapes.
It would have been an obvious matter of design choice to have comprised no portions of the orifice first side edge and the orifice second side edge comprise a concave shape because shape is only ornamental in function and furthermore, since such a modification in shape would account for no change in the device. A change in shape is generally recognized as being within the level of ordinary skill in the art. In re Daley, 357 F.2d 669, 149 USPQ 47 CCCPA 1966.
Referring to claims 14 and 16. Dieringer in view of Price do not disclose wherein any tangent line of a central portion (147) of the orifice second side edge (141) forms an angle of less than 20 degrees with respect to the longitudinal direction (see tangent line 147 as the curved line of the circumference of 140 approaches 0 degrees at A2, thus line 147 and the curvature of the circumference of 140 must form 20 degrees therebetween; Figure 7), the central portion being disposed away from the orifice top edge or the orifice bottom edge in the longitudinal direction by a distance of 10% of the orifice length dimension (length of 140 between side 143 and 141).
Referring to claim 17. Dieringer in view of Price do not disclose wherein no projection line tangent to the orifice second side edge at any point on the orifice second side edge further away from the orifice top edge or the orifice bottom edge in the longitudinal direction than 10% of the orifice length dimension forms an angle of greater than 45 degrees with respect to the longitudinal direction.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such no projection line tangent to the orifice second side edge at any point on the orifice second side edge further away from the orifice top edge or the orifice bottom edge in the longitudinal direction than 10% of the orifice length dimension forms an angle of greater than 45 degrees with respect to the longitudinal direction, 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.
Referring to claims 22,8,9,19-21 and 23-25. Dieringer discloses a flexible pouch (100) for storing and dispensing a plurality of sheets of product, the pouch comprising:
a bottom portion (126) with side portions (side walls, 120,122,123,127) adjoined to the bottom portion (126) and each side portion adjoined to an adjacent side portion and the side portions extending away from the bottom portion (126), the side portions also adjoined to a top portion (124) with the top portion overlying the bottom portion and being generally parallel to the bottom portion (see configuration in Figure 3 and 4), the plurality of sheets of product (164) being positioned within the pouch (100);
the pouch (100) having a pouch transverse dimension extending along a transverse direction (A2 direction) and a pouch longitudinal dimension extending along a longitudinal direction (A1 direction), the pouch transverse dimension (A2 direction) being greater than the pouch longitudinal dimension (A1 direction);
the plurality of sheets of product (164) disposed within the pouch in a folded, stacked configuration (see Figure 5) and collectively defining a stack (164)
having a stack transverse right end (end 50) and a stack transverse left end (end 54) along with a stack longitudinal centerline extending in the longitudinal direction (line extending through the center of 60 as shown in Figure 1) and positioned midway between the transverse right end (end 50) and the stack transverse left end (54), the stack (164) further defining a stack right side (right side of 60; as seen in Figure 1) between the stack longitudinal centerline (line extending through the center of 60 as shown in Figure 1) and the stack transverse right end (end 50) and a stack left side (left side of 60; as seen in Figure 1) between the stack longitudinal centerline and the stack transverse left end (54), wherein each sheet (60) is connected to at least one other sheet of the stack via a connection (fold connection), and
wherein a majority of connections connecting successive wipes are disposed entirely on the stack right side;
a dispensing orifice (140; Figure 3) in the top portion (124), the dispensing orifice (140) having:
an orifice width dimension (dimension of 140 in the A2 direction; Figure 3) extending in the transverse direction (in direction extending along A2) from an orifice first side edge (bottom edge of 140 as seen in Figure 3) to an orifice second side edge (top edge of 140 as seen in Figure 3), in the transverse dimensions, the orifice first side edge (bottom edge of 140 as seen in Figure 3) and the orifice second side edge (top edge of 140 as seen in Figure 3) each extending from an orifice top edge (top edge of 140 as seen in Figure 3) to an orifice bottom edge (bottom edge of 140 as seen in Figure 3) with at least one of the orifice first side edge (bottom edge of 140 as seen in Figure 3) and the orifice second side edge (top edge of 140 as seen in Figure 3) comprising a convex shape (see shape of orifice 140; Figure 3); and
an orifice length dimension (140 dimension in direction A1) extending along in the longitudinal direction (direction of A2) perpendicular to the transverse direction (A2 direction), the orifice length dimension (140 dimension in direction A1) defining a longest dimension of the dispensing orifice (A1 in the longest dimension of 140), and
a lid assembly (including members 170 and 150; Figure 3) comprising a flange (170) connected to the pouch (100) and disposed about the orifice (140) and a lid (150) connected to the flange (170) through a hinge (152) by which the lid (150) rotates from a closed position (as in Figure 4) to an open position (as in Figure 3), wherein the flange (170) comprises an interior wall (interior wall of 170) defining an aperture (140).
Dieringer does not disclose wherein a majority of connections connecting successive wipes are disposed entirely on only one of the stack right side and the stack left side with a majority of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side disposed on the stack right side.
Price discloses a plurality of interconnected wipes for use in dispenser (10; Figure 6) wherein a majority of connections (152 and 142; Figure 7) connecting successive wipes (30,32 and 34; Figure 7) are disposed entirely on only one of the stack right side (14; see Figure 7) and the stack left side (16) with a majority of the connections which connect successive wipes entirely on only one of the stack right side (on the right side 142) and the stack left side (on the left side 152) disposed on the stack right side.
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 Dieringer to include a majority of connections connecting successive wipes disposed entirely on one of the stack right side and the stack left side with a majority of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side disposed on the stack right side as taught by Price because the majority of connections on the right and left side of the wipes would allow a user to withdraw individual wipes from the dispenser stack in a balanced left and right removal thus prevent multiple wipes being removed from the stack.
Dieringer in view of Price do not disclose wherein a distance between a longitudinal midpoint of the orifice second side edge and the interior wall of the flange in the transverse direction is less than 10 mm.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such that a distance between a longitudinal midpoint of the orifice second side edge and the interior wall of the flange in the transverse direction is less than 10 mm or less than 5 mm (as recited in claims 9 and 23), 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.
Dieringer in view of Price do not disclose wherein no projection line tangent to the orifice second side edge at any point on the orifice second side edge further away from the orifice top edge or the orifice bottom edge in the longitudinal direction than 20% of the orifice length dimension forms an angle of greater than 20 degrees with respect to the longitudinal direction.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the position of orifice disclosed by the teaching of Dieringer in view of Price such no projection line tangent to the orifice second side edge at any point on the orifice second side edge further away from the orifice top edge or the orifice bottom edge in the longitudinal direction than 20% of the orifice length dimension forms an angle of greater than 20 degrees with respect to the longitudinal direction, 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.
Regarding claim 24, see structure disclosed in claim 10 rejection above.
Regarding claim 25, see structure disclosed in claim 10 rejection above.
Claims 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Dieringer (US 2018/0362236 A1) in view of Price (US 2018/0092496 A1) and further in view of Addison (US 5,228,632).
Referring to claims 26-28. Dieringer in view of Price do not disclose wherein the orifice first side edge and the orifice second side edge are asymmetric such that the orifice first side edge has a greater convexity than the orifice second side edge.
Addison discloses a dispenser (82; Figure 9) for sheet material (115) wherein the orifice (110) first side edge (curved edge of 110) and the orifice second side edge (flat edge of 110) are asymmetric (see Figure 13) such that the orifice (110) first side edge (curved edge of 110) has a greater convexity (see shape of 110) than the orifice second side edge (flat edge of 110).
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 Dieringer in view of Price to include the dispensing orifice to comprise a orifice first side edge and the orifice second side edge are asymmetric such that the orifice first side edge has a greater convexity than the orifice second side edge as taught by Addison because such a modification in shape is well within the skill of an artisan and
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.
Response to Arguments
Applicant's arguments filed 05/05/2026 have been fully considered but they are not persuasive. See modified rejections cited above now including all new amended limitations of the amendment rejected in view of Dieringer (US 2018/0362236 A1) in view of Price (US 2018/0094296 A1) and further in view of Addison (US 5,228,632).
Applicant amendment to the drawings and the specifications submitted 05/05/2026 is acceptable and is entered.
Drawing objections cited are not overcome since, the elements indicated are not shown in the drawings and are not explicitly indicated as to where the element are shown in the drawings. In view of the Examiner, the elements objected are not shown in the drawings. Appropriate correction is required.
Furthermore, the limitations “wherein greater than 80% of the connections which connect successive wipes entirely on only one of the stack right side and the stack left side are disposed on the stack right side” as recited in claim 7 lines 1-3 must be shown or the feature canceled from the claim. Applicant’s Figure 6 shows the wipe connections as alternating on each sheet thus it is construed to be 50% alternating sheet connections. In Applicant’s Figure 7 all connections between sheets are disposed on the right side of the sheets thus 100% of the connections are on the right side of the sheets. Applicant’s Figures do not show 80% of the connections of successive wipes are entirely on only one of the stack right side. Corrections are required. In the drawings provided and referred to in the remarks dated 05/05/2026, the applicant argues the connections as being shown in 7, 8D and 9. In view of the Examiner, the connection are all disposed in the right side of the stack. Thus 100 % of the connection as shown are on the right side of the stack. No new matter should be entered.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAKESH KUMAR/ Primary Examiner, Art Unit 3651
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