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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the limitations “a sheet material dispenser” as recited in claim 1 line 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the limitations “a plurality of roller assemblies” as recited in claim 1 line 3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the limitations “a drive mechanism” as recited in claim 1 line 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the limitations “a distal end” as recited in claim 1 line 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the limitations “further includes a plurality of raised circumferentially extending surfaces that are configured to be in contact with the sheet material on the roll of sheet material throughout operation” as recited in claim 9 lines 1-3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1,8,9,15 and 16 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.
Claim 9 recites the limitations “further includes a plurality of raised circumferentially extending surfaces that are configured to be in contact with the sheet material on the roll of sheet material throughout operation” in line 1-3. It is unclear as to whether the raised circumferentially extending surfaces are positively in contact with the sheet material on the roll of sheet material throughout operation or are just configured to be in the instant claimed embodiment. Appropriate clarification is required. For example, a positive recitation would yield the limitations as -- further includes a plurality of raised circumferentially extending surfaces that are in contact with the sheet material on the roll of sheet material throughout operation--.
Claim 16 recites the limitations “can have a serrated profile” as recited in line 2. It is not clear as to whether the brake assembly as recited in the embodiment comprises a serrated profile or does not. It is suggested the claim limitations be amended to positively recite the claimed subject matter of the serrated profile.
Claim 1 recites the limitation "the angled" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the spacing" in line 23. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the center of gravity" in line 23. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the paper drum mandrel" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the brake assembly" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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 1-4,7,8 and 18-24 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Osborne (US 2020/0163498 A1).
Referring to claim 1. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
a dispenser housing (12); a plurality of roller assemblies (Figure 2A) mounted within an enclosure of the dispenser housing (12), each roller assembly (Figure 2A) having a driven roller (57/58) configured to drive sheet material from a respective supply of rolled sheet material (14);
a drive mechanism (60) operably coupled to a select one of the driven rollers (57/59) to selectively drive rotation of the select one driven roller (57/58); and
a plurality of support assemblies (20/24) rotatably supporting a plurality of supplies of rolled sheet material (14) within the at least one chamber of the dispenser housing (interior of 12), wherein each support assembly (20/24) comprises:
a pair of opposing support members (30/32 and respective opposite housing counterparts) that are spaced apart such that a roll of sheet material (14) can be mounted therebetween on a paper mandrel (38/40), wherein each of the support members (30/32) has a first arm (housing side comprising members 30/32) that has a proximal end that is configured to be rotatably mounted to an upper surface of the enclosure (top surface of housing 12; Figure 1) and a second arm (opposite housing side comprising members 30/32) that has a distal end that defines a slot for operative (30/32 and respective opposite housing counterparts) receipt of a respective end of a paper mandrel (38/40), wherein the pair of opposing support members (30/32 and respective opposite housing counterparts) are configured to move between a first position (housing opening and closing), in which the roll of sheet material mounted on the paper mandrel (38/40) is at full size and the angled relationship of the respective first and second arms (see angled shape of members 30/32) allows for the center of gravity of the full roll of paper material (14) and paper mandrel (38/40) to be positioned at a maximal distance from the driven roller (57/58) to offset the weight of the full roll of sheet material (14) and paper mandrel (38/40) and wherein, as the operative diameter of roll of sheet material is reduced (the diameter of roll 14 reduces as the roll is used), the spacing of the center of gravity (center of roll 14 and mandrel 38/40) of the roll of paper material and paper mandrel relative to the driven roller (57/58) is complementarily reduced (the diameter of roll 14 is reduces as it is consumed and moved along members 30/32) to ensure that paper material is fed consistently to the driven roller (57/58).
Referring to claim 2. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
wherein the first and second arms (30/32) are integral to each other and are positioned in a common plane (plane extending along the front surface of the cove) at an acute angle (see angles 30/32) with respect to each other.
Referring to claim 3. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
wherein the drive mechanism (60) is operably coupled to a select one of the first or second driven roller (57/58 respectively) to selectively drive rotation of the select one of the first or the second driven roller (see directions D1 and D2; Figure 2).
Referring to claim 4. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
wherein, as the sheet material roll of paper mat (14) is used up and the operable radius of the roll of sheet material (14) is reduced, the paper drum mandrel (38/40) is maintained at a desired distance (location resulting from depleting roll) from the upper surface of the enclosure of the dispensing system (top surface of housing 25).
Referring to claim 7. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
further comprising a control circuitry (see Figure 5) in communication with the drive mechanism (60; Figure 5) that is programmed to selectively actuate the motor in the first or second rotative direction to feed the sheet material from the selected supply of sheet material through the discharge defined in the dispenser housing (the drive mechanism 60 can be driven in a first direction, e.g., D1 in FIG. 1, to drive the first driven roller 56 and move the sheet material from the corresponding first supply 18 of sheet material along the first discharge path 65A toward and out from the discharge 15 of the dispenser housing 12. The drive mechanism 60 also can be reversed and driven in a second direction, e.g., D2 in FIG. 1, to drive the second driven roller 58 and move the sheet material from the corresponding second supply 22 of sheet material along the second discharge path 65B toward and out from the discharge 15 of the dispenser housing 12; Para. [0035]).
Referring to claim 8. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
wherein the paper drum mandrel (38/40) is configured for a frictional fit to a roll of sheet material mounted thereto (the mandrel is inserted into the center of rolls 14; it is a frictional engagement).
Referring to claim 18. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
further comprising one or more material detection modules (control circuitry 5; Figure 1) mounted within the dispenser housing adjacent a respective intake opening of each of the roller assemblies (see position of sensor 158; Figure 1); each material detection modules (control circuitry 5; Figure 1) being configured to determine whether sheet material from the respective supply of rolled sheet material is being fed through the respective intake opening in a respective sensor area along a sheet path the sheet material follows between the respective intake opening and the respective roller assembly (The sheet material detection sensor 158 can include an emitter 158A/B and a detector 158A/B on opposing sides of and focused across at least a portion of one or more of the discharge paths 65A/B. One or more signals transmitted from the sheet material detection sensor 158 can indicate that sheet material is present or absent from the discharge path 65A/B or discharge 15 (e.g., indicating that sheet material has been removed by a user). The sheet material detection sensor 158 further can be activated by the control circuitry 5 of the dispenser assembly 10 to verify that sheet material has been removed from the discharge 15; Para. [0053]).
Referring to claim 19. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
wherein each material detection module (control circuitry 5; Figure 1) comprises an infrared (IR) launch tube (158A) and an infrared receiver tube (158B); each material detection module (control circuitry 5; Figure 1) being oriented so that IR rays emitted from the IR launch tube are directed toward the sensor area between the respective intake opening and the respective roller assembly (see position of sensors 158 and intake opening; Figure 1).
Referring to claim 20. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
wherein, when the sheet material is not present in the sensor area (area between sensor 158A/B; Figure 1), the IR rays emitted by the IR launch tube are not reflected back to the IR receiver tube (see Figure 1; operation of sensor 158).
Referring to claim 21. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
further comprising an activation system configured for sensing proximity (160; Figure 1) of a user and sensing activation gestures for initiating a dispensing operation of the sheet material (This sensor 160 may be a passive sensor that detects changes in ambient conditions, such as ambient light, capacitance changes caused by an object in a detection zone, and so forth; Para. [0060]).
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 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Osborne (US 2020/0163498 A1).
Referring to claims 5 and 6. Osborne does not disclose wherein the desired distance is about 7mm.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Osborne to include wherein the desired distance is about 7mm, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Osborne (US 2020/0163498 A1) in view of Skerrett (US 6,161,795).
Referring to claims 9 and 11. Osborne does not disclose wherein each driven roller further includes a plurality of raised circumferentially extending surfaces that are configured to be in contact with the sheet material on the roll of sheet material throughout operation.
Skerrett discloses a roll tissue dispenser (10; Figure 1) wherein each driven roller (42/24) further includes a plurality of raised circumferentially extending surfaces (see surfaces 52 and 48; Figure 3) that are configured to be in contact with the sheet material on the roll of sheet material (15; Figure 1) throughout operation.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Osborne to include each driven roller further includes a plurality of raised circumferentially extending surfaces that are configured to be in contact with the sheet material on the roll of sheet material throughout operation as taught by Skerrett because a direct driven roller in contact with the sheet roll would improve the rotating of the roll during dispensing of sheets thus reducing rolling resistance.
Claims 12,15,22,25 and 28-36 are rejected under 35 U.S.C. 103 as being unpatentable over Osborne (US 2020/0163498 A1) in view of Mahaffey (WO 2019191663 A1).
Referring to claims 12,22 and 28-36. Osborne does not disclose wherein a dispensing system configured to allow the user to manually retrieve additional sheet material by pulling manually after the initial sheet material is dispensed automatically.
Mahaffey discloses a sheet dispenser (100; Figure 1) wherein a dispensing system configured to allow the user to manually retrieve additional sheet material by pulling manually after the initial sheet material is dispensed automatically (For example, after a user initiates a dispense cycle and dries his/her hands, the motor 119 enters the second motor state during which the elements 125 are not engaged to the spindle 109, which allows the spindle 109 and roll 105 to spin freely. In addition to being the resting state of the motor 119, the second motor state also allows a user to manually pull an exposed tail of the roll 105 to unwind the roll 105 during a manual dispense, i.e., a dispense during which the motor 109 is not activated; Page 7 line 12).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Osborne to include a dispensing system configured to allow the user to manually retrieve additional sheet material by pulling manually after the initial sheet material is dispensed automatically as taught by Mahaffey because the dispenser system would allow a user to obtain additional sheets without activating the dispenser thus potentially saving power of the battery source.
Regarding claim 28, see structure as recited in claim rejection of claim 1 above.
Regarding claim 29, see structure as recited in claim rejection of claim 2 above.
Regarding claim 30, see structure as recited in claim rejection of claim 3 above.
Regarding claim 31, see structure as recited in claim rejection of claim 4 above.
Regarding claim 32, see structure as recited in claim rejection of claim 7 above.
Regarding claim 33, see structure as recited in claim rejection of claim 8 above.
Regarding claim 34, see structure as recited in claim rejection of claim 9 above.
Regarding claim 35, see structure as recited in claim rejection of claim 18 above.
Regarding claim 36, see structure as recited in claim rejection of claim 21 above.
Referring to claims 15 and 25. Osborne discloses a sheet material dispenser (10; Figure 1), comprising:
wherein the brake assembly (79; Figure 2B) is rotatably mounted relative to the enclosure of the dispenser housing (see Figure 2A).
Allowable Subject Matter
Claim 10,13,14,16,17,23,24,26 and 27 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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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