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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8,10,11,16-19,21-24,25,29,31-37,39-41,43 and 44 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Ishida (US 2004/0164087 A1).
Referring to claims 1,21 and 31. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
a plurality of panels that extends at least partially around an interior of the carton (plurality of side panels of 1); and
a dispenser (3; Figure 2) extending in at least a panel (top panel) of the plurality of panels, the dispenser (3) comprising at least a first dispenser flap (top flap 8 as seen in Figure 2) and a second dispenser flap (bottom flap 8 as seen in Figure 2), and at least one of the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) is foldably connected (see fold connections 7; Figure 2) to the panel (top panel 2), wherein at least one of the first dispenser flap and the second dispenser flap is biased toward a closed position (flaps 8 moved towards a closed position of the dispenser 3);
wherein the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) are configured to engage at least one sheet (sheet X retained by flaps 8; as see in Figure 1) of the plurality of sheets extending at least partially through the dispenser (3) for at least partially retaining the at least one sheet (as seen in Figure 1).
Regarding claims 31, see structure as recited in rejection of claim 1 above. Claim 31 recites the element “dispenser features” which is equivalent to the “dispenser” element of claim 1, for correlation of elements.
Referring to claims 2,32,43 and 44. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the first dispenser flap (top flap 8 as seen in Figure 2) is foldably connected (see fold line 7; Figure 2) to the panel (top panel 2) along an arcuate fold line (fold lines 7 are arcuate; Figure 2), and wherein the arcuate fold line is concave with respect to the first dispenser flap (fold line 7 is concave with respect of the respective dispenser flap as viewed form line 4 and looking perpendicular from line 4 towards the exterior edge of 7) for biasing the first dispenser flap toward the closed position (flaps 8 moved towards a closed position of the dispenser 3).
Referring to claims 3 and 33. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the first dispenser flap (top flap 8 as seen in Figure 2) is at least partially separable from the panel along one or more tear lines (cut parts 5; Figure 2).
Referring to claims 4,25 and 34. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the panel is a first panel (top panel portion of top panel 2 connecting to top flap 8), the arcuate fold line (7) is a first arcuate fold line, and the one or more tear lines (5) is one or more first tear lines, wherein the second dispenser flap (bottom flap 8 as seen in Figure 2) is foldably connected to a second panel (bottom panel portion of top panel 2 connecting to bottom flap 8) of the plurality of panels along a second arcuate fold line (bottom arcuate line 7 as seen in Figure 2) and is at least partially separable from the second panel (bottom panel portion of top panel 2 connecting to bottom flap 8) along one or more second tear lines (cut lines 5).
Regarding claims 22 and 23, see structure as recited in rejection of claims 2 and 4 above.
Referring to claim 5. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the arcuate fold line (7) is a first arcuate fold line (top arcuate line 7 as seen in Figure 2), and the second dispenser flap (bottom flap 8 as seen in Figure 2) is foldably connected to the panel along a second arcuate fold line (bottom arcuate line 7 as seen in Figure 2).
Referring to claims 6 and 35. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein each of the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) is at least partially separable from the panel along one or more tear lines (5).
Referring to claims 7 and 24. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) are separable from one another along a tear line (4; Figure 2), and wherein the dispenser (3) comprises a dispenser panel (6; Figure 2) extending along the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) so that the dispenser panel (3) interrupts the tear line (4).
Referring to claims 8 and 37. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the dispenser (3) comprises a dispenser panel (6), the dispenser panel (6) being at least partially separable from the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) along one or more tear lines (4).
Referring to claim 10. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) are separable from the panel (top panel 2) and from one another along one or more tear lines (4; see Figure 2) .
Referring to claim 11. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein each of the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) is foldably connected to the panel (along line 7) along a respective first fold line (top line 7) and second fold line (bottom line 7).
Referring to claims 16 and 39. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) are connected to one another by an end connector panel (6a, 6b) for biasing the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) toward the closed position (see Figure 9).
Referring to claim 17. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) are foldably connected to the end connector panel (6a, 6b; Figure 11) along a respective crease (perimeter of 5).
Regarding claim 29, see structure as recited in rejection of claims 16 and 17 above.
Referring to claims 18 and 40. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) are separable from the end connector panel (6a, 6b; Figure 11) along an arcuate cut (10), wherein the first dispenser flap, the second dispenser flap, and the end connector panel (6a, 6b; Figure 11) are separable from the panel along at least a tear line (tear cut line of 10).
Referring to claims 19 and 41. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the end connector panel (6a, 6b; Figure 11) is a first end connector panel (left panel 6a; Figure 9), wherein the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) are connected to one another by a second end connector panel (right panel 6a; Figure 9), and wherein the first end connector (left panel 6a; Figure 9) and the second end connector (right panel 6a; Figure 9) are at opposite ends of the dispenser (see position in Figure 9).
Referring to claim 36. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein each of the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2) is foldably connected to the panel (panel 2) along a respective first fold line and second fold line (respective fold line 7; Figure 2).
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 9,20,30,38 42,45 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Ishida (US 2004/0164087 A1) in view of Strange (US 3,083,866).
Referring to claims 9,20,30,38 42 and 45. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the panel is a first panel (top panel portion of top panel 2 connecting to top flap 8), the plurality of panels comprises a second panel (bottom panel portion of top panel 2 connecting to bottom flap 8).
Ishida does not specifically disclose the first panel at least partially overlaps the second panel, and wherein the second dispenser flap is foldably connected to the second panel and the first dispenser flap at least partially overlaps the second dispenser flap.
Strange discloses a tissue dispenser carton (10; Figure 2) and a method wherein the first panel (15; Figure 2) at least partially overlaps the second panel (14; Figure 2), and
wherein the second dispenser flap (flap disposed between members 32 and 27) is foldably (at fold line 32) connected to the second panel (14) and the first dispenser flap (flap disposed between members 41,33 and 37) at least partially overlaps the second dispenser flap (flap disposed between members 32 and 27; see Figure 2).
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 Ishida to include the first panel at least partially overlaps the second panel, and wherein the second dispenser flap is foldably connected to the second panel and the first dispenser flap at least partially overlaps the second dispenser flap as taught by Strange because the overlapping of the dispenser flaps would provide for an improved biasing effect on the second dispenser flap to bend towards the center of the dispensing opening as the sheet articles are being withdrawn.
Claims 12-14,26-28 and 46-47 are rejected under 35 U.S.C. 103 as being unpatentable over Ishida (US 2004/0164087 A1) in view of Strange (US 3,083,866) and further in view of Goebel (US 3,940,054).
Referring to claims 12,26 and 46, Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the dispenser (3) further comprises a dispenser panel (6) configured for initiating opening of the dispenser (3).
Ishida in view of Strange do not specifically disclose an access flap foldably connected to the dispenser panel along a fold line.
Goebel discloses a tissue carton (Figure 1) and a method wherein an access flap (flap confined by tear lines 54 and 52; Figure 1) foldably connected to the dispenser panel (42) along a fold line (52).
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 Ishida in view of Strange to include an access flap foldably connected to the dispenser panel along a fold line as taught by Goebel because an access flap foldably connected to the dispenser panel along a fold line would allow for an initiating location from where to begin separating the dispenser panel thus allowing a user to know where to start the opening process.
Regarding claim 27, see structure as recited in rejection of claim 6 above.
Regarding claim 28, see structure as recited in rejection of claim 9 and 26 above.
Regarding claim 47, see structure as recited in rejection of claim 4 above.
Regarding claim 48, see structure as recited in rejection of claim 9 above.
Referring to claim 13. Ishida discloses a carton (1; Figure 1) and a method for holding a sheeted material (X) arranged in a plurality of sheets, the carton (1) comprising:
wherein the dispenser panel (6) extends along at least a portion of the first dispenser flap (top flap 8 as seen in Figure 2) and the second dispenser flap (bottom flap 8 as seen in Figure 2), and the dispenser panel (6) is at least partially separable from the first dispenser flap and the second dispenser flap along one or more tear lines (see tear lines formed around member 6; see Figure 2).
Regarding claim 14, see claimed structure of the first panel overlapping the second panel in rejection of claim 9 above disclosed in Strange reference.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ishida (US 2004/0164087 A1) in view of Strange (US 3,083,866) in view of Goebel (US 3,940,054) and further in view of Ito (JP 2009184719).
Referring to claim 15. Ishida in view of Strange and Goebel do not disclose the dispenser panel at least partially overlaps the first dispenser flap and the second dispenser flap.
Ito discloses a tissue box (1; Figure 5) and a method wherein the dispenser panel (8) at least partially overlaps the first dispenser flap and the second dispenser flap (respective left and right flaps 9; see Figure 3b).
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 Ishida in view of Strange and Goebel to include the dispenser panel at least partially overlaps the first dispenser flap and the second dispenser flap as taught by Ito because the dispenser panel at least partially overlaping the first dispenser flap and the second dispenser flap would protect the dispenser from tampering and the entrance to debris prior to use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
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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