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 Objections
Claims 1 and 14 objected to because of the following informalities:
Claims 1 and 14 recites the limitations “for withdrawings” in line 6. It is suggested the limitations be amended to read -- for withdrawing --. Appropriate correction is required. (Similar issue in claim 14 line 2).
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 1,7,8,10 and 11 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Delaney (US 2018/0049602).
Referring to claim 1. Delaney discloses a dispenser device (40; Figure 10) for wipes or tissues (23), comprising:
a container structure (16; Figure 10) having an upper container portion (18) and a lower container portion (17) connecting to one another to form an interior storage chamber for the wipes or tissues;
a lid (20; Figure 12) provided in the upper container portion (18), the lid (20) operable between an open position for withdrawings the wipes or tissues from the interior storage chamber (when lid 20 is opened; see Figure 10), and a closed position (as in Figure 9);
a bottom surface of the lower container portion (bottom surface of 17) on an outside of the container structure (exterior of 16); and
at least one suction member (44; Figure 8) attached to the bottom surface of the lower container portion (bottom surface of 17), the at least one suction member (44; Figure 8) configured for removably attaching the container structure (16) and the wipes or tissues in the interior storage chamber to a generally smooth surface (12) at or near a point of use (near a user see Figure 15).
Referring to claim 7. Delaney discloses a dispenser device (40; Figure 10) for wipes or tissues (23), comprising:
further comprising at least one securement knob (stud projecting from suction cup 44 attached to the bottom surface of the base; Figure 8) provided on the bottom surface of the lower container portion (43; Figure 8), and wherein the at least one suction member (44) is connected on the at least one securement knob (stud projecting from suction cup 44 attached to the bottom surface of the base; Figure 8).
Referring to claim 8. Delaney discloses a dispenser device (40; Figure 10) for wipes or tissues (23), comprising:
wherein the upper container portion (18) and the lower container portion (16) are connected by a first hinge (19; Figure 8), and the lid (20) is connected in the upper container portion (18) by a second hinge (22; Figure 11).
Referring to claim 10. Delaney discloses a dispenser device (40; Figure 10) for wipes or tissues (23), comprising:
wherein the interior storage chamber (interior of 40) is configured for storing a stack of separate, generally flat, planar, and separably removable, wipes or tissues (see Figure 10).
Referring to claim 11. Delaney discloses a dispenser device (40; Figure 10) for wipes or tissues (23), comprising:
wherein the bottom surface of the lower container portion is coutured to the shape of the generally smooth surface at or near a point of use (see bottom curved portion of 17 in Figure 10).
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 2-6,9 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Delaney (US 2018/0049602) in view of Lenzi (US 3,068,055).
Referring to claims 2 and 6. Delaney does not disclose comprising a recessed base on the bottom surface of the lower container portion, comprising a lip formed by the recessed base.
Lenzi discloses a dispenser device (11; Figure 1) for wipes or tissues (50),
further comprising a recessed base (15; Figure 2) on the bottom surface of the lower container portion (11), the recessed base comprising a lip (16) formed by the recessed base (see Figure 2).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the teachings of Delaney to have included a recessed base on the bottom surface of the lower container portion, and wherein a lip is formed by the recessed base as taught by Lenzi because the recessed base comprising a lip would provide a lip portion formed about the perimeter of the base which would function to strength the base wall as well as keeping the recessed base hidden by the projecting lip and wherein the at least one suction member of Delaney is at least partly recessed within a lip formed by the recessed base.
Referring to claim 3. Lenzi discloses a dispenser device (11; Figure 1) for wipes or tissues (50),
wherein the lip (16; Figure 2) of the recessed base (15) is formed by a plurality of sidewalls (see sidewalls of 16).
Referring to claim 4. Lenzi discloses a dispenser device (11; Figure 1) for wipes or tissues (50),
further comprising an opening in the lip (see rear opening portion of lip 16; Figure 2) of the recessed base (15) configured for a user to slide one or more fingers through the opening to aid in grasping the container structure (user can grasp the opening) and release the at least one suction member from the generally smooth surface at or near the point of use for removing the container structure (user can grasp the dispenser via the opening in the lip to lift the dispenser of the surface).
Referring to claim 5. Lenzi discloses a dispenser device (11; Figure 1) for wipes or tissues (50),
wherein the opening (see rear opening portion of lip 16; Figure 2) is formed through at least one of the plurality of sidewalls (side wall of 16) in the lip of the recessed base (15).
Referring to claims 9,13-18. Delaney discloses a dispenser device (40; Figure 10) for wipes or tissues (23), comprising:
wherein the generally smooth surface at or near a point of use is a toilet tank (can be mounted to a toilet tank; Figure 11).
Regarding claims 13 and 14, further see corresponding structure of the dispenser cited in claim 1 and 2 above.
Regarding claim 15, further see corresponding structure of the dispenser cited in claim 1 and 2 above.
Regarding claim 16, further see corresponding structure of the dispenser cited in claim 4 and 11 above.
Regarding claim 17, further see corresponding structure of the dispenser cited in claim 2 above.
Regarding claim 18, further see corresponding structure of the dispenser cited in claim 2 and 7 above.
Referring to claim 12. Delaney in view of Lenzi do not disclose the bottom surface of the lower container portion is silicone, and wherein the at least one suction member is at least one integrated suction cup formed of the silicone on the bottom surface of the lower container portion.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have comprised the bottom surface of the lower container portion and at least one suction member from a silicone material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
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