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 “first and second spaced apart line” as recited in claim 1 line 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Similar issue in claim 11.
Therefore, the limitations “third and fourth spaced apart line” as recited in claim 1 line 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Similar issue in claim 11.
Therefore, the limitations “a third segment that is curvilinear” as recited in claim 7 line 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the limitations
“dispensing window,” as recited in claim 9;
“dispensing slit,” as recited in claim 9;
“minor flaps,” as recited in claim 17;
“a pair of minor flaps foldably connected to the first side panel;
a pair of minor flaps foldably connected to the second side panel;
a pair of major flaps foldably connected to the bottom panel; and
a pair of major flaps foldably connected to the top panel” as recited in claim 17.
“a first score line disposed between the first pair of spaced apart lines of
weakness;
a second score line disposed between the second pair of spaced apart lines of
weakness;
a third score line disposed between the first and second spaced apart lines of
weakness disposed on the first side panel; and
a fourth score line disposed between the first and second spaced apart lines of
weakness disposed on the second side panel” as recited in claim 18.
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)(4) because reference character “61a” and “61b” have been used to designate both “a folding line” and “a score line.”
Reference character “46” is used to designate both “a terminus” and “terminal ends.”
Reference character “44” is used to designate both “substantially horizontal segment,” “segment” and “second segment.”
Reference character “43” is used to designate both “substantially vertical segment,” “segment” and “first segment.”
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 § 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 1-6,8 and 10-18 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Kasumi (JP 2000153887 A).
Referring to claim 1. Kasumi discloses a dispenser (1; Figure 1) for storing and dispensing a stack of sheet material (2a) comprising:
a. a dispensing opening (4);
b. a bottom panel (5) disposed opposite the dispensing opening (4);
c. a first and a second side panel (7 and side opposite 7 respectively as shown in Figure 2) foldably connected to the bottom panel (5) and separated therefrom by first and second fold lines (9a and 9b);
d. first and second spaced apart lines of weakness (8a and 8b; Figure 2) disposed at least partially on the bottom panel (5) and the first side panel (side panel 7; Figure 2) and extending across the first fold line (9a); and
e. third and fourth spaced apart lines of weakness (8a and 8b on the opposite side; Figure 2) disposed at least partially on the bottom panel (5) and the second side panel (panel side opposite side 7) and extending across the second fold line (9b);
wherein upon breaking of the lines of weakness (line 8a and 8b) a portion of the bottom panel (portion of 5; Figure 1) is moveable from a first (as in Figure 2) to a second position (as in Figure 1).
Referring to claim 2. Kasumi discloses a dispenser (1; Figure 1) for storing and dispensing a stack of sheet material (2a) comprising:
wherein the dispenser (1; Figure) has an initial dispensing height (height extending from the bottom panel 5 to the top panel 3) when the portion of the bottom panel (5) is in a first position (as in Figure 2) and a second dispensing height (height extending from the center portion of the bottom panel 5 to the top panel 3; Figure 1) when the bottom panel portion is in a second position (as in Figure 1).
Referring to claims 3 and 12. Kasumi discloses a dispenser (1; Figure 1) for storing and dispensing a stack of sheet material (2a) comprising:
wherein the second dispensing height is from about 10 to about 70% of the initial dispensing height (see height comparison between Figure 2 and Figure 1; the height difference is approximately 50 percent thus falling within the cited range).
Referring to claims 4 and 13. Kasumi discloses a dispenser (1; Figure 1) for storing and dispensing a stack of sheet material (2a) comprising:
wherein the bottom panel has a longitudinal length dimension (dimension extending the long side of dispenser 1 as shown in Figure 1) and the first and the second lines of weakness are spaced apart from one another from about 20 to about 90% of the longitudinal length dimension (the length range difference is approximately 50 percent of the full length, thus falling within the cited range).
Referring to claims 5 and 14. Kasumi discloses a dispenser (1; Figure 1) for storing and dispensing a stack of sheet material (2a) comprising:
wherein the first and second lines of weakness (8a and 8b; Figure 2) are parallel to one another (see Figure 1) and extend along a portion of the bottom panel (5) substantially perpendicular to the longitudinal length dimension of the panel (see Figure 1).
Referring to claims 6 and 15. Kasumi discloses a dispenser (1; Figure 1) for storing and dispensing a stack of sheet material (2a) comprising:
wherein the first and second lines of weakness (8a and 8b; Figure 2) extending at least partially along the first side panel have (side panel 7) a first segment that is substantially perpendicular to the longitudinal length dimension of the panel and a second segment that is substantially parallel to the longitudinal length dimension of the panel (see segments in side panel 7 extending between 8a, 8b and 9a; as seen in Figure 1)
Referring to claim 8. Kasumi discloses a dispenser (1; Figure 1) for storing and dispensing a stack of sheet material (2a) comprising:
a top panel (3), the top panel having the dispensing opening (4) disposed thereon.
Referring to claims 10 and 11. Kasumi discloses a dispenser (1; Figure 1) for storing and dispensing a stack of sheet material (2a) comprising:
a stack of interfolded facial tissue sheets disposed within the dispenser (and a plurality of papers such as a tissue and a paper towel are stacked alternately and stacked one by one. , And can be sequentially pulled out from the uppermost paper through a substantially rectangular outlet formed in the upper surface of the paper contain; Para. [002]).
Regarding claim 11, see structure as recited in claim 1.
Referring to claims 16 and 17. Kasumi a blank for forming a dispenser (blank forming the dispenser of 1) comprising:
a. a first side panel (panel 7 as seen in Figure 1) having first and second spaced apart lines of weakness (lines 8a and 8b in panel 7) disposed thereon;
b. a second side panel (panel opposite panel 7 as seen in Figure 1) having first and second spaced apart lines of weakness (lines 8a and 8b in panel opposite panel 7) disposed thereon;
c. a bottom panel (5) foldably connected to the first and second side panels (panel 7 and panel opposite panel 7) and having a first and second pair of spaced apart lines of weakness (lines 8a and 8b) disposed thereon, the first pair of spaced apart lines of weakness (lines 8a and 8b) coextensive (extends to the opposite side) with the first and second spaced apart lines of weakness (lines 8a and 8b) disposed on the first side panel (7) and the second (panel opposite panel 7) pair of spaced apart lines of weakness coextensive with the first and second spaced apart lines of weakness disposed on the second side panel (see Figure 1); and
d. a top panel (3) having a dispensing opening (4) disposed thereon.
Referring to claims 17 and 18. Kasumi a blank for forming a dispenser (blank forming the dispenser of 1) comprising:
a. a pair of minor flaps foldably connected to the first side panel;
b. a pair of minor flaps foldably connected to the second side panel;
c. a pair of major flaps foldably connected to the bottom panel; and
d. a pair of major flaps foldably connected to the top panel (see configuration of carton in Figure 1).
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 is rejected under 35 U.S.C. 103 as being unpatentable over Kasumi (JP 2000153887 A) in view of Hallam (US 2012/0223093 A1).
Referring to claim 9. Kasumi discloses a dispenser (1; Figure 1) for storing and dispensing a stack of sheet material (2a) comprising:
a dispensing window (4) and dispensing slit (slit at center of 4; Figure 1) disposed on the dispensing window (4).
Kasumi does not disclose the dispensing window attached to the top panel and at least partially covering the dispensing opening.
Hallam disclose a sheet dispenser (10; Figure 6) wherein the dispensing window (56; Figure 6) attached to the top panel (50) and at least partially covering the dispensing opening (20).
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 Kasumi to include the dispensing window attached to the top panel and at least partially covering the dispensing opening as taught by Hallam because the dispenser can be in a sealed configuration to prevent debris entering the dispenser during transportation and storage.
Response to Arguments
Applicant's arguments filed 10/29/2025 have been fully considered but they are not persuasive. See modified rejections cited above.
Applicant’s argument do not overcome the drawings objections under 37 CFR 1.83(a).
Regarding the drawings objections applicant argues specification at page 9 discloses the claimed “first and second spaced apart lines of weakness.” In view of the Examiner, the specifications disclose first paired lines of weakness 32, 34 and a second paired lines of weakness 36, 38 however the elements first spaced apart lines of weakness and the second spaced apart lines of weakness as claimed are not specifically recited in the specifications. It is suggested the applicant recite the elements in the claims as they are named in the specifications for clarity.
The applicant further argues “In those instances where a feature is not explicitly referenced in the drawings, it is because the feature is conventional and not essential for understanding the invention, as permitted under 37 CFR 1.83(a).”
In view of the Examiner the drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
In regards to claim rejections of claims 1-8 and 10-18, the applicant argues “Here, Kasumi does not disclose a first and a second side panel foldably connected to the bottom panel and separated therefrom by first and second foldlines as claimed. For at least the above reason, Kasumi does not anticipate the pending claims.”
As cited in the rejections above Kasumi discloses “a first and a second side panel (7 and side opposite 7 respectively as shown in Figure 2) foldably connected to the bottom panel (5) and separated therefrom by first and second fold lines (9a and 9b)” which is show in the Figures 2 and 1 respectively.
It is suggested the applicant include additional structure to overcome the teachings gleaned from the Kasumi references such the structure of the invention as claimed is not construed from the disclosure of the cited reference of Kasumi.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. 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