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 § 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 5, 6, 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Row (US Patent 6,502,616) in view of Maresh (US Patent 5,624,527).
With regards to claim 1, Row discloses a collapsed adhesive tube dispenser comprising:
A tape roll unwind supported at a first end (Figure 2 item 14)
A mandrel extending in the machine direction having a mandrel first end and a mandrel second end, the mandrel second end being cantilevered and unsupported (Figure 2 item 22)
An exterior forming die positioned between the first end and the second end, the exterior forming die having a shaping portion with a threading slot (Figure 2 item 60)
A compression roller located near the second end (Figure 2 items 30 and 40)
Row discloses that the dispenser comprises a handle (Figure 2 item 100). Row fails to explicitly disclose that the dispenser comprises a baseplate.
Maresh discloses an adhesive tube dispenser (Abstract), in the same field of endeavor as Row, where Maresh teaches that the dispenser comprises a baseplate having a first end, a second end and a center line extending longitudinally in the machine direction (Figure 1 item 95).
It would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have used a baseplate, as suggested by Maresh, in Row’s dispenser. The rationale being that, as stated by Maresh, a baseplate would allow a user to facilitate the use of the dispenser with one hand (column 7 lines 49 – 52).
With regards to claim 2, the teachings of Row and Maresh are presented above. Additionally, Row teaches that the mandrel tapers and a diameter of the mandrel second end is smaller than a diameter of the first end (as seen in Figure 2 and Figure 3 item 22).
With regards to claim 5, the teachings of Row and Maresh are presented above. Additionally, Row teaches that the mandrel second end is positioned in or extends through the shaping portion (as seen in Figure 2 item 22).
With regards to claim 6, the teachings of Row and Maresh are presented above. Additionally, Row teaches that the machine direction location of the exterior forming die between the first end and the second end is adjustable (Figures 2 and 3 item 60).
With regards to claim 8, the teachings of Row and Maresh are presented above. Additionally, Row teaches that the shaping portion comprises a linear lead in portion (Figure 2 item 102) and a circular portion that transitions to an edge tuck (Figure 2 item 20).
With regards to claim 9, the teachings of Row and Maresh are presented above. Additionally, Row teaches that the shaping portion has a lead in chamfer and a lead out chamfer that make line contact at a forming edge (as seen in Figure 9).
Claim Objections
Claims 3, 4, 7 and 10 - 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Allowable Subject Matter
Claims 14 - 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art made of record does not teach or suggest and adhesive tape structure where a collapsed tubular structure encases a secondary material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHEL RIVERA whose telephone number is (571)270-7655. The examiner can normally be reached M-F 12pm - 8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at (571) 270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHEL RIVERA/Examiner, Art Unit 1746
/MICHAEL N ORLANDO/Supervisory Patent Examiner, Art Unit 1746
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