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 1,10,11 are objected to because of the following informalities:
For claim 1, line 13, the limitation of “tape roll” should be changed to ---roll of tape---to be consistent with what applicant calls the roll of tape in line 3.
For claims 10 & 11, the limitation of “a role of tape” and “the tape role” should be changed to ---a roll of tape--- and ---the tape roll---. In addition, line 22 of claim 11, there should be a semi-colon or comma to separate “base” from “holding”, so as to be grammatically correct.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-20 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.
For claim 1, lines 5 & 13, the limitations of “said base is positioned so that one side of said roll of tape is flush to said base” and “that the tape roll is secured to said device” are unclear because the roll of tape was only functionally claimed in line 3; however, in these limitations, it appears that applicant is positively claiming the roll of tape. Thus, the scope of the claim is unclear and inconsistent. In addition, in line 6, the limitation of “the center of said base” lacks prior antecedent basis.
For claim 4, the limitation of “a pointed end” is unclear because the pointed end was already claimed in claim 1.
For claim 8, the limitations of “the side opposite” and “the side that faces the tearing component” lack prior antecedent basis.
For claim 9, the limitations of “the placement” and “the user” lack prior antecedent basis.
For claim 10, line 5, the limitations of “said base is positioned so that one side of said roll of tape is flush to said base”, “the roll of tape fits over and around said tape
holder and around said central axis”, and “such that the tape role is secured
to said device on said tape holder” are unclear because the roll of tape was only functionally claimed in line 3; however, in these limitations, it appears that applicant is positively claiming the roll of tape. Thus, the scope of the claim is unclear and inconsistent. In addition, in lines 6 & 11, the limitations of “the center of said base”, “the end of said tape holder”, and “the end that said base” lack prior antecedent basis. In lines 15-16, it is unclear as to how a pointed end is curved? A curved would not create a pointed end, for it is curved.
For claim 11, line 4, the limitation of “a housing component” is unclear because the housing component was already claimed in line 2, or is it another housing component? In addition, line 5, the limitation of “a roll of tape” is unclear because is this the same roll of tape claimed in line 2 or another roll of tape? In lines 8,11,14,15, the limitations of “said base is positioned so that one side of said roll of tape is flush to said base”, “the roll of tape fits over and around said tape holder and around said central axis”, and “such that the tape role is secured to said device on said tape holder” are unclear because the roll of tape was only functionally claimed in line 3; however, in these limitations, it appears that applicant is positively claiming the roll of tape. In lines 13,22-23, the limitations of “the end of said tape holder”, “the end that said base”, and “the outer edge of said tape role” lack prior antecedent basis. In addition, in line 23, the limitation of “applying tape the outer edge of said tape role” is unclear and appears to be grammatically incorrect.
For claim 12, the limitation of “an arm” is unclear because the arm was already claimed in claim 1.
For claim 15, it is unclear as to how a pointed end is curved? A curved would not create a pointed end, for it is curved.
For claim 19, the limitations of “the placement” and “the user” lack prior antecedent basis.
For claim 20, claim 20 calls for “The method of claim 1” but claim 1 is an apparatus. Thus, the scope of the claim is unclear.
All other claims depending on one or more of the above rejected claims are also rejected the same.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 1,4,6,7,11-14,16,20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kim (KR 20120029057 A).
For claim 1, Kim discloses a device for dispensing tape, comprising:
a housing component including a base (can be either ref. 121 or the member where ref. 120 is mounted on or ref. 130), a tape holder (120) and a clip (140,150,151,141,142, or 200,210,220), wherein said housing component is adapted to secure a roll of tape (10) to said device, while permitting the roll of tape to rotate about a central axis (fig. 1, the broken line);
said base is positioned so that one side of said roll of tape is flush to said base and wherein said central axis extends perpendicular from the center of said base (fig. 1);
said tape holder having a first end (end connected or mounted to the base in fig. 1) and a second end (end opposite the first end), the first end extending perpendicularly from said base, and said tape holder being curved such that the roll of tape fits over and around said tape holder and around said central axis (fig. 1, surface of the tape holder 120 is curved so that tape 10 can fit over it); and
said clip extends from the second end of said tape holder (the clip 140,150,151, 141,142 extends to the right of the second end; also, if considering refs. 200,210,220 as the clip, it also extends from the second end of the tape holder);
the second end being opposite to the first end such that the tape roll is secured to said device on said tape holder (both refs. 140,150,151, 141,142 and refs. 200,210,220 help to secure the tape roll to the device); and
a tearing component (300,310), comprising a tearing device (310) and an arm (fig. 2, not numbered but can be seen as an arm near where ref. 10 is pointing at), said tearing device comprising a pointed end (ref. 310 is pointed based on the zoomed in view as illustrated below), said tearing component being attached to said housing component by said arm that extends longitudinally from said base (figs. 1-2); and
a handle (100,110-112), wherein said handle is connected and extends perpendicularly from said base.
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For claim 4, Kim discloses the device of claim 1, and further discloses wherein said tearing device comprises a pointed end (as illustrated in the above).
For claim 6, Kim discloses the device of claim 1, and further discloses wherein said handle comprises a plurality of grooves (111; translation calls ref. 111 as curved surfaces which create grooves) and ridges (the ridges are between the grooves, for example, fig. 1, where ref. 100 is pointing at, a ridge are created between two grooves 111).
For claim 7, Kim discloses the device of claim 6, and further discloses wherein said plurality of grooves and ridges are on only one side of the handle (figs. 1-2, self-explanatory).
For claim 11, Kim discloses a method for dispensing tape from a device for dispensing tape, comprising:
securing a roll of tape (10) to a housing component within said device, while not hindering the tape’s rotational freedom, said device comprising:
a housing component including (can be either ref. 121 or the member where ref. 120 is mounted on or ref. 130), a tape holder (120) and a clip (140,150,151,141,142, or 200,210,220), wherein said housing component is adapted to secure a roll of tape to said device, while permitting the roll of tape to rotate about a central axis (fig. 1, the broken line);
said base is positioned so that one side of said roll of tape is flush to said base and wherein said central axis extends perpendicular from the center of said base (fig. 1);
said tape holder is attached to said base and extends perpendicularly from said base, and is curved such that the roll of tape fits over and around said tape holder and around said central axis (fig. 1, surface of the tape holder 120 is curved so that tape 10 can fit over it); and
said clip is attached to the end of said tape holder that is opposite to the end that said base is attached to said tape holder, such that the tape role is secured to said device on said tape holder (the clip 140,150,151, 141,142 extends to the right of the second end; also, if considering refs. 200,210,220 as the clip, it also extends from the second end of the tape holder); and
a tearing component (300,310), comprising a tearing device (310), wherein said tearing device comprises a pointed end (310, see also the illustration above), wherein said tearing device component further comprises an arm (fig. 2, not numbered but can be seen as an arm near where ref. 10 is pointing at), wherein said tearing component is attached to said housing component by said arm that extends longitudinally from said base; and
a handle (100,110-112), wherein said handle is connected and extends perpendicularly from said base;
holding said device with said tearing component facing away from the user (fig. 3);
applying tape the outer edge of said tape role to a surface (fig. 3);
tearing said tape using the tearing component to tear a piece of tape from the tape roll (fig. 3).
For claim 12, Kim discloses the method of claim 11, and further discloses wherein said tearing component further comprises an arm (fig. 2, not numbered but can be seen as an arm near where ref. 10 is pointing at), wherein said tearing component is attached to said housing component by said arm that extends longitudinally from said base (figs. 1-2).
For claim 13, Kim discloses the method of claim 12, and further discloses wherein said arm is angled from said base (part of the arm where ref. 330 is pointing at is angled at 90 degrees from the base).
For claim 14, Kim discloses the method of claim 11, and further discloses wherein said tearing device comprises a pointed end (see the illustration above).
For claim 16, Kim discloses the method of claim 11, and further discloses wherein said handle comprises a plurality of grooves (111; translation calls ref. 111 as curved surfaces which create grooves) and ridges (the ridges are between the grooves, for example, fig. 1, where ref. 100 is pointing at, a ridge are created between two grooves 111).
For claim 20, Kim discloses the method of claim 1, and further discloses wherein said method is suitable for children or adults with physical disabilities (functional recitation to which the apparatus and method can be suitable for anyone to use).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 202681901 U) in view of Calman et al. (US 20150266691 A1).
For claim 1, Wang teaches a device for dispensing tape, comprising a housing component including a base (the back part of ref. 1 that is attached to ref. 8 in fig. 3), a tape holder (can be ref. 7 in fig. 2 or the circular member that is not numbered surrounding ref. 7 in fig. 2) and a clip (can be the collar member and the circular member surrounding the collar member that are not number that is part of ref. 2 in fig. 3, or can be clip 4,41,5,52,61,51,61, or can be the protrusion shown in fig. 2 illustrated below), wherein said housing component is adapted to secure a roll of tape to said device, while permitting the roll of tape to rotate about a central axis (imaginary axis going through the center of the device in either fig. 2 or fig. 3);
said base is positioned so that one side of said roll of tape is flush to said base and wherein said central axis extends perpendicular from the center of said base (the roll of tape will be placed inside ref. 1 and will be flush with the base);
said tape holder having a first end (end closer to the base) and a second end (end opposite first end); the first end extending perpendicularly from said base; and said tape holder being curved such that the roll of tape fits over and around said tape holder and around said central axis (ref. 7 has curved surfaces; also, the circular member is curved); and
said clip extends from the second end of said tape holder; the second end being opposite to the first end such that the tape roll is secured to said device on said tape holder (when ref. 2 closes, all parts will be secured therein); and
a tearing component (6), comprising a tearing device (6); and
a handle (3), wherein said handle is connected and extends perpendicularly from said base.
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However, Wang is silent about the tearing component having an arm; said tearing device comprising a pointed end; said tearing component being attached to said housing component by said arm that extends longitudinally from said base.
Calman et al. teach in the same field of endeavor of a device for dispensing tape, the device comprising a tearing component (12,14,42,15,20,23) having an arm (14,15); said tearing device comprising a pointed end (at ref. 20, there are two pointed ends shown in fig. 8); said tearing component being attached to a housing component (14,18,26,44) by said arm that extends longitudinally from a base (14,44, see fig. 7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the position of the tearing component in Wang with a tearing component having an arm to extend longitudinally the tearing component from the base as taught by Calman et al., since a simple substitution of one known equivalent element for another would obtain predictable results (both positions with or without the arm of the tearing component would allow the roll of tape to be dispense and cut). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 2, Wang as modified by Calman et al. teaches the device of claim 1, and further teaches wherein said handle extends perpendicularly from the base along the central axis of the device and through the tape holder and clip (as taught by Wang, figs. 2-3).
For claim 3, Wang as modified by Calman et al. teaches the device of claim 2, and further teaches wherein said arm is angled or curved (as relied on with Calman et al., fig. 8) in at least one direction as it extends away from the base in a particular direction relative to the base from said base.
For claim 4, Wang as modified by Calman et al. teaches the device of claim 1, and further teaches wherein said tearing device comprises a pointed end (as stated in the above for Calman et al.).
For claim 5, Wang as modified by Calman et al. teaches the device of claim 4, and further teaches wherein said tearing device is curved in one direction creating a slight curve or subtle hook shape (as relied on with Calman et al., fig. 8).
For claim 6, Wang as modified by Calman et al. teaches the device of claim 1, and further teaches wherein said handle comprises a plurality of grooves and ridges (as shown in fig. 2 of Wang).
For claim 7, Wang as modified by Calman et al. teaches the device of claim 6, wherein said plurality of grooves and ridges are on one side of the handle and one groove on the upper portion of the handle as shown in fig. 2 of Wang. However, Wang as modified by Calman et al. is silent about said plurality of grooves and ridges are on only one side of the handle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to omit the one groove on the upper portion of the handle opposite the plurality of grooves and ridges in the handle of Wang as modified by Calman et al., depending on the user preference not to include the one groove on opposite side of the plurality of grooves and ridges, since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 126 USPQ 184. Ex parte Wu, 10 USPQ 2031 (Bd. Pat. App. & Inter. 1989). In re Larson, 340 F.2d 965, 144 USPQ 347 (CCPA 1965). In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
For claim 8, Wang as modified by Calman et al. teaches the device of claim 7, and further teaches wherein said plurality of grooves and ridges are positioned on the side opposite to the side that faces the tearing component (as taught in Wang, see fig. 1 where the cutter assembly at ref. 4 is opposite to that of the grooves and ridges on the handle 3).
For claim 9, Wang as modified by Calman et al. teaches the device of claim 8, and further teaches wherein the placement of said grooves and ridges indicate to the user how said tape dispenser should be oriented for effective tape dispensing and tearing (implied since Wang teaches the same location of placement of said grooves and ridges as claimed, thus, would result in indicating to the user how said tape dispenser should be oriented for effective tape dispensing and tearing).
For claim 10, the limitations have been explained in the above with Wang as modified by Calman et al., thus, please see above. Not explained is wherein said pointed end is curved, which ref. 20 of fig. 8 of Calman et al. shows the end is not pointed, but instead, there is a curved on the end. Also, sections of ref. 20 are curved. Also, note the 112 rejection above regarding a pointed end being curved, which is unclear because if the pointed end is curved, then how can it be called a pointed end?
For claim 11, Wang teaches a method for dispensing tape from a device for dispensing tape, comprising:
securing a roll of tape to a housing component within said device, while not hindering the tape’s rotational freedom, said device comprising:
a housing component including a base the back part of ref. 1 that is attached to ref. 8 in fig. 3), a tape holder (can be ref. 7 in fig. 2 or the circular member that is not numbered surrounding ref. 7 in fig. 2) and a clip (can be the collar member and the circular member surrounding the collar member that are not number that is part of ref. 2 in fig. 3, or can be clip 4,41,5,52,61,51,61, or can be the protrusion shown in fig. 2 illustrated below), wherein said housing component is adapted to secure a roll of tape to said device, while permitting the roll of tape to rotate about a central axis (imaginary axis going through the center of the device in either fig. 2 or fig. 3);
said base is positioned so that one side of said roll of tape is flush to said base and wherein said central axis extends perpendicular from the center of said base (the roll of tape will be placed inside ref. 1 and will be flush with the base);
said tape holder is attached to said base and extends perpendicularly from said base, and is curved such that the roll of tape fits over and around said tape holder and around said central axis (ref. 7 has curved surfaces; also, the circular member is curved); and
said clip is attached to the end of said tape holder that is opposite to the end that said base is attached to said tape holder, such that the tape roll is secured to said device on said tape holder (when ref. 2 closes, all parts will be secured therein); and
a tearing component (6), comprising a tearing device (6); and
a handle (3), wherein said handle is connected and extends perpendicularly from said base;
holding said device with said tearing component facing away from the user; applying tape the outer edge of said tape roll to a surface (implied in Wang, for that is how one would use the device);
tearing said tape using the tearing component to tear a piece of tape from the tape roll (using cutter 6 to tear the tape).
However, Wang is silent about wherein said tearing device comprises a pointed end, wherein said tearing device component further comprises an arm, wherein said tearing component is attached to said housing component by said arm that extends longitudinally from said base.
Calman et al. teach in the same field of endeavor of a device for dispensing tape, the device comprising a tearing component (12,14,42,15,20,23) having an arm (14,15); said tearing device comprising a pointed end (at ref. 20, there are two pointed ends shown in fig. 8); said tearing component being attached to a housing component (14,18,26,44) by said arm that extends longitudinally from a base (14,44, see fig. 7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the position of the tearing component in the method of Wang with a tearing component having an arm to extend longitudinally the tearing component from the base in the method as taught by Calman et al., since a simple substitution of one known equivalent element for another would obtain predictable results (both positions with or without the arm of the tearing component would allow the roll of tape to be dispense and cut). KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 12, Wang as modified by Calman et al. teaches the method of claim 11, and further teaches wherein said tearing component further comprises an arm, wherein said tearing component is attached to said housing component by said arm that extends longitudinally from said base (as explained in the above).
For claim 13, Wang as modified by Calman et al. teaches the method of claim 12, and further teaches wherein said arm is angled (as relied on with Calman et al., fig. 8) from said base.
For claim 14, Wang as modified by Calman et al. teaches the method of claim 11, and further teaches wherein said tearing device comprises a pointed end (as stated in the above for Calman et al.).
For claim 15, Wang as modified by Calman et al. teaches the method of claim 14, and further teaches wherein said pointed end is curved (ref. 20 of fig. 8 of Calman et al. shows the end is not pointed, but instead, there is a curved on the end). Also, sections of ref. 20 are curved. Also, note the 112 rejection above regarding a pointed end being curved, which is unclear because if the pointed end is curved, then how can it be called a pointed end?
For claim 16, Wang as modified by Calman et al. teaches the method of claim 11, and further teaches wherein said handle comprises a plurality of grooves and ridges (as shown in fig. 2 of Wang).
For claim 17, Wang as modified by Calman et al. teaches the method of claim 16, and further teaches wherein said plurality of grooves and ridges are on one side of the handle and one groove on the upper portion of the handle as shown in fig. 2 of Wang. However, Wang as modified by Calman et al. is silent about said plurality of grooves and ridges are on only one side of the handle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to omit the one groove on the upper portion of the handle opposite the plurality of grooves and ridges in the handle of Wang as modified by Calman et al., depending on the user preference not to include the one groove on opposite side of the plurality of grooves and ridges, since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 126 USPQ 184. Ex parte Wu , 10 USPQ 2031 (Bd. Pat. App. & Inter. 1989). In re Larson, 340 F.2d 965, 144 USPQ 347 (CCPA 1965). In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
For claim 18, Wang as modified by Calman et al. teaches the method of claim 17, and further teaches wherein said plurality of grooves and ridges are positioned on the side opposite to the side that faces the tearing component (as taught in Wang, see fig. 1 where the cutter assembly at ref. 4 is opposite to that of the grooves and ridges on the handle 3).
For claim 19, Wang as modified by Calman et al. teaches the method of claim 18, and further teaches wherein the placement of said grooves and ridges indicate to the user how said tape dispenser should be oriented for effective tape dispensing and tearing (implied since Wang teaches the same location of placement of said grooves and ridges as claimed, thus, would result in indicating to the user how said tape dispenser should be oriented for effective tape dispensing and tearing).
For claim 20, Wang as modified by Calman et al. teaches the method of claim 1, and further teaches wherein said method is suitable for children or adults with physical disabilities (functional recitation to which the method of Wang as modified by Calman et al. can be suitable for anyone to use).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure a device for dispensing tape:
US 2753131 A teaches Handle reel
US 20060071113 A1 teaches Hose-and cord-winding device, binding element, and associated method
US 20120061026 A1 teaches Tacky Tape Device for Removing Dirty Objects
US 20030098384 A1 teaches Material dispensing system
US 20220194733 A1 teaches adhesive tape dispenser, method for noise-reduced application of adhesive tape using an adhesive tape dispenser and use of adhesive tape dispensers
US 5203517 A teaches Stretch-wrap film dispenser with cylindrical bearings
US 4722493 A teaches Film roll holder with drum brake
US 4575020 A teaches Portable chuck for dispensing wrapping material
US 5280869 A teaches Border applying aid
US 4834312 A teaches Tool for manually dispensing a web
US 4784348 A teaches Dispenser and method for applying web-like material to packaging units
US D463496 S teaches Tape dispenser
US 11247865 B1 teaches Tape dispenser
SE 464355 B teaches tape application device
EP 3050832 A1 teaches device for unwinding a strip
WO 2005013668 A2 teaches ergonomic fish tape
WO 2017176119 A1 teaches device for applying adhesive tape to a surface and method for manufacturing such a device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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/Son T Nguyen/Primary Examiner, Art Unit 3643