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 1-20 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.
Particularly, claim 1 recites “a bottom wall of the housing” and “the angled walls configured to reduce the volume adjacent the bottom wall”. It is rather unclear which bottom wall this limitation refers to since the claim also recited a bottom wall for the housing and the insert. Clarification of the claim limitation is required.
Furthermore, claim 11 recites “from the first and second sidewalls and toward the opening”. It is rather unclear whether this limitation refers to the opening for the dispenser or the insert. Clarification of the claim limitation is required.
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.
Claims 1,11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Conran et al. (US 6,354,462).
Claim 1, Conran discloses a dispenser comprising: a housing (12) surrounding a volume; an opening (18) formed within a bottom wall (20; fig.5; bottom wall of housing) of the housing to expose the volume to an environment external to the dispenser, the bottom wall (20) oriented at an angle between 0 and 90 degrees (fig.5); and an insert (22) removably disposed within the housing (fig.5), the insert including: first and second sidewalls (24; figs.4-5) oriented parallel to each other; an opening (28) formed in a bottom wall (32) of the insert (22) and aligned with the opening (18) of the housing (12); and angled guide walls (26; fig.4) extending inward from the first and second sidewalls and toward the opening (28); and a volume (fig.4) disposed between the sidewalls (24) of the insert (22) configured to receive a product stack (see abstract), the angled guide walls (26) configured to reduce the volume adjacent the bottom wall (see fig.3; bottom wall of 22).
Claim 11, Conran discloses an insert for a dispenser, the insert comprising: first and second sidewalls (24; figs.4-5) oriented parallel to each other; an opening (28) formed in a bottom wall (32) of the insert and aligned with an opening (18) of the dispenser (12); and angled guide walls (26; fig.4) extending inward from the first and second sidewalls (24; figs.4-5) and toward the opening (28); and a volume disposed between the sidewalls (24) of the insert configured to receive paper towels (see abstract), the angled guide walls (26) configured to reduce the volume adjacent the bottom wall (32; see figures).
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 2,12 are rejected under 35 U.S.C. 103 as being unpatentable over Conran et al. (US 6,354,462) in view of Orefice (US 2016/0029856).
Claim 2, Conran does not disclose a limit plate disposed within the dispenser, the limit plate having an upper location spaced apart from the top wall of the housing and configured to move downward toward a lower location as the product stack is removed from the volume.
Orefice discloses a limit plate (18) disposed within the dispenser (fig.6), the limit plate (18) having an upper location spaced apart from the top wall (14) of the housing and configured to move downward toward a lower location as the product stack is removed from the volume. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Conran with a limit plate disposed within the dispenser, the limit plate having an upper location spaced apart from the top wall of the housing and configured to move downward toward a lower location as the product stack is removed from the volume to ensure proper pressure against the dispensing opening by the downward depression force of the plate as the plurality of sheets in the dispenser gets low.
Claim 12, Conran does not disclose a limit plate movable within the insert, the limit plate having an upper location and configured to move downward toward a lower location as the paper towels are removed from the volume.
Orefice discloses a limit plate (18) movable within the dispenser (fig.6), the limit plate (18) having an upper location and configured to move downward toward a lower location as the paper towels are removed from the volume. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Conran with a limit plate movable within the insert, the limit plate having an upper location and configured to move downward toward a lower location as the paper towels are removed from the volume to ensure proper pressure against the dispensing opening by the downward depression force of the plate as the plurality of sheets in the dispenser gets low.
Allowable Subject Matter
Claims 3-10,13-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20150014344 US 20120080444.
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/AYODEJI T OJOFEITIMI/Examiner, Art Unit 3651