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 § 112
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 1-10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. The aforementioned make it impossible to ascertain which elements are affirmatively claimed as being included in the claimed invention and which narratively mentioned elements are not, e.g. in claim 1, “it”, “the outer sidewall”, “side strip”, “the outer surface”, “the outer sides of side strip”, “the coreless rolling paper”, are all narratively mentioned without affirmatively being mentioned in the claim as being a part of the roller. Appropriate correction is required.
Claims 7-10 claims a method but there is no method steps recited therein. Furthermore, it is unclear whether claim 7 is an independent claim or a dependent claim, because it refers to another claim that is an apparatus claim. If claim 7 is intended to be an independent method claim, it should not refer to another claim and it should have method steps.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 1 is rejected, as best understood, under 35 U.S.C. 102(a)(2) as being anticipated by Tramontina et al. (US 2002/0074450).
Claim 1, Tramontina appears to disclose a coreless roller (fig.5) for toilet paper, it comprises: A hollow cylinder body (fig.5), it is provided with a groove on the outer side wall; Side strip, the groove is filled with side strip; The outer surface of the hollow cylinder body and the outer sides of side strip are smooth, the coreless rolling paper can be removed from either side of the roller when it is fully sleeved.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20180194582 US 20080245693 US 6056235 US 5609269 US 5480060.
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/AYODEJI T OJOFEITIMI/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651