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 .
Response to Arguments
Applicant's arguments filed 09/25/2026 with respect to the 103 rejections based on Wenzel/Boldt have been fully considered but they are not persuasive. Applicant argues that neither Wenzel nor Boldt disclose that the first biasing flap is formed on the first top panel section and the second biasing flap is formed on the second top panel and that the dispensing opening is formed exclusively from the top panel of the container. Applicant goes on to argue that element 23 is part of the side panel and not a top panel section. However, when folded element 23 is folded perpendicular to the side panel 10, element 23 is parallel and attached to the top panel section 13 and the second biasing flap 26 is overlapped by the first biasing flap 18. Element 23 is functionally a top panel section, and the dispensing opening is formed exclusively by the top panel define by top panel sections 13 and 23, and biasing flaps 18 and 26. For at least the foregoing reasons claim 19 and its dependent claims stand rejected.
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.
Claim(s) 19-24 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wenzel US 2,890,791 in view of Boldt US 5,316,177.
Wenzel discloses a product for dispensing a plurality of individual sheets one at a time comprising:
(Re claim 19)"a stack of individual sheets" (27 figure 4). "a container defining a hollow enclosure, the stack of individual sheets being positioned within the hollow enclosure, the container including a dispensing surface defining a dispensing opening” (10-13,19 figure 4). "the dispensing opening being bordered by a first biasing flap on one side of the dispensing opening and a second biasing flap located on the opposite side of the dispensing opening, the first and second biasing flaps being biased towards the dispensing opening for contacting one of the sheets emerging from the dispensing opening with sufficient force to hold the sheet in an extended position without the sheet falling back into the hollow enclosure of the container" (27,18,26 figure 4,col 1 lines30-45). "wherein the dispensing surface is formed from a first top panel section and a second top panel section of a single piece blank,, wherein the first biasing flap is formed on the first top panel section and the second biasing flap is formed on the second biasing panel section such that the first biasing flap overlaps with the second biasing flap when in a closed position … and wherein the dispensing opening is formed exclusively from the top panel of the container" (13,18,23,26 figure 1,2,5).
Wenzel does not disclose the first top panel section and the second top panel section are coated with a polymer.
Boldt teaches the top panel section is coated with a polymer (col 1 lines 42-59).
It would have been obvious to one skilled in the art to modify the product of Wenzel to include that the first top panel section and the second top panel section are coated with a polymer because it reduces unpleasant dispensing noises.
(Re claim 20) "there is no polymer film located below the dispensing opening and attached to the container” (figure 1).
(Re claim 21) "wherein the container is only formed from a single piece blank comprising a paperboard" (figure 1).
(Re claim 22) Wenzel does not disclose that the paperboard comprises a coated paper having a basis weight of from about 40 gsm to about 80 gsm.
Boldt teaches that the paperboard comprises a coated paper having a basis weight of from about 40 gsm to about 80 gsm (col 3 lines 23-55).
It would have been obvious to one skilled in the art to modify the system of Wenzel to include that the paperboard comprises a coated paper having a basis weight of from about 40 gsm to about 80 gsm because it reduces the weight of the container.
(Re claim 23) "the dispensing opening is accessed on the container without removing a portion of the dispensing surface from the container” (18, 19,26 figure 5,6).
(Re claim 24) "a dispensing axis that extends along a length of the dispensing surface and wherein a dispensing slit extends along the dispensing axis between the first and second biasing flaps" (18,19,26 figure 3,5,6).
(Re claim 28) Wenzel does not disclose that the polymer coating contains a film-forming polymer in combination with a clay coating.
Boldt teaches that the polymer coating contains a film-forming polymer in combination with a clay coating (col 1 lines 42-59).
It would have been obvious to one skilled in the art to modify the product of Wenzel to include that the polymer coating contains a film-forming polymer in combination with a clay coating because it reduces unpleasant dispensing noises.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 3,083,866 discloses a sheet dispenser with two near identical top panel sections defining the top panel and the dispensing opening.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm.
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TIMOTHY R. WAGGONER
Primary Examiner
Art Unit 3655 B
/TIMOTHY R WAGGONER/Primary Examiner, Art Unit 3655
