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 .
Election/Restrictions
Applicant’s election without traverse of Group A (Claims 3-7) in the reply filed on 6-30-2026 is acknowledged.
Claims 8-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6-30-2026.
Claims 1, 3-7, and 20 are examined in this action.
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 1 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over GB 2433247 A
In re Claim 1, GB 2433247 A teaches a dispenser for dispensing sheet material from one or more rolls of sheet material (see Figs. 1-4), comprising:
a housing having an interior volume so as to retain a first roll of sheet material (see Fig. 13, #16/18 in view of Fig. 4, #20); and
a dispensing mechanism disposed within the housing to dispense sheet material (see Fig. 4, roller #30 and roller #74) the dispensing mechanism including a drive roller (see Fig. 4 roller #74) and a pressure roller (see Fig. 4, roller #30) biased against the drive roller forming a nip through which sheet material is dispensed (see Fig. 11/12, nip #81), the pressure roller and/or drive roller having a center portion defining a center diameter D1 (see Fig. 10, center “large roller #94” of the drive roller which includes teeth #75), a first end defining an end diameter D2 (see Fig. 10, left side #98), and a second end defining an end diameter D3 (see Fig. 10, right side #98), such that the center diameter D1 is larger than either end diameter D2 or end diameter D3 (see Fig. 10, showing center roller #94 is larger than either of the side rollers #98), wherein the pressure roller has an outer surface extending circumferentially around the pressure roller and also extending longitudinally from the first end to the second end of the pressure roller (see Figs. 3-4, and 10, the #30 as surfaces that extend circumferentially and extend longitudinally from one end to the other) or wherein the drive roller has an outer surface extending circumferentially around the drive roller and also extending longitudinally from the first end to the second end of the drive roller (see Figs. 3-4 and 10, the driven roller, with gearing #75 includes surfaces that extend circumferentially and extend longitudinally form one end to the other), wherein the outer surface of the pressure roller and/or the driver roller curves from the first end to the second end (see e.g., Fig. 10, showing rollers #96 which includes curved surfaces that curve in the longitudinal direction), wherein the pressure roller or the driver roller centers the sheet material as it passes through the nip(the Examiner notes that the claims are apparatus claims and that, as understood, the difference in diameter is centering the unclaimed workpieces – the examiner notes that GB 2433247 A teaches that structure claimed and is capable of performing the intended use, then it meets the claim).
GB 2433247 A is silent as to the dimensions and therefore does not teach: wherein a ratio of D1 to D2 and/or D1 to D3 is from about 5:1 to about 1.1:1.
However, GB 2433247 A teaches lager rollers #94 and medium rollers #96, as well as smaller rollers #98. GB 2433247 A states “The diameter and position of each of the rollers 90 may assist in such proper separation.” In other words, the difference in diameter of the rollers is a result effective variable.
It would have been obvious to one having ordinary skill in the art, at the earliest effective filing, date to provide different diameters that read on the ratio of 5:1 to 1.1:1, since it has been held that discovering an optimum result of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
In re Claim 20, GB 2433247 A teaches a method of dispensing sheet material comprising dispensing sheet material from the dispenser of claim 1 (see above, a sheet of material is dispensed from the structure of GB 2433247A).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over GB 2433247 A, and further in view of US 10,835,086 to Osborne.
In re Claim 3, modified GB 2433247 A, in re Claim 1, teaches wherein the drive roller comprises a first end coupled to the housing; however, modified GB 2433247 A does not teach a second end coupled to a motor.
However, Larsson teaches that it is known in the web dispensing art to provide a motor (see Osborne, Fig. 2b, #56 and Col. 7, ll. 30-36). Doing so is the use of a known technique to a known device (see MPEP 2143, I, C). Adding a motor allows the user not to have to manually actuate the device.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over GB 2433247 A , and further in view of US 1,983,713 to Stearns.
In re Claim 4, modified GB 2433247 A does not teach wherein the first end comprises a spindle having a gasket material disposed thereon, wherein the gasket material is disposed between the first end and the housing to provide cushioning between the first end of the drive roller and the housing.
However, Stearns teaches that it is known in the are of shafts and mounting of shafts to provide a spindle (see Stearns, Fig. 1, #12) having a gasket material disposed thereon (see Fig. 1, #16/17), wherein the gasket material is disposed between the first end and the housing to provide cushioning between the first end of the drive roller and the housing (see Fig. 1; see also Col. 2, ll. 3-19).
In the same field of invention, rotating structures on axels or shafts, it would have been obvious to one of ordinary skill in the art, to add the rubber structure of Stearns to the device of GB 2433247. Doing so reduces vibration (see Stearns, Col. 3, ll. 8).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over GB 2433247 A and US 10,835,086 to Osborne, and further in view of US 3,544,048 to Akashi.
In re Claim 5, modified GB 2433247A does not teach wherein a gasket material is disposed between the second end of the drive roller and the motor.
However, Akashi teaches that it is known in the art of motor mounting structures to provide a gasket material (a vibration dampening structure; see Akashi, Fig. 2, #4/5; see also Claim 5, teaching the vibration dampening structure made of rubber) when mounting an electric motor. In the same field of invention, electric motors, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to add a gasket material or rubber vibration dampening structure to the motor of modified GB 2433247A. Doing so reduces the vibration transfer of the electric motor an reduces the noise (see Akashi, Abstract, and Col. 1, ll. 18-26).
Claims 6-7 is rejected under 35 U.S.C. 103 as being unpatentable over GB 2433247 A and US 10,835,086 to Osborne, and further in view of US 3,544,048 to Akashi, and further in view of US 2016/0353947 to Osborne (hereinafter Osborne ‘947)
In re Claim 6, modified GB 2433247A does not teach wherein the gasket material is disposed within an interior of the drive roller.
However, Osborne ‘947 teaches that is known in the art of web dispensers to provide a motor in the roller (see Fig. 3, motor #60, etc.; see also Para. 0043-0057). In the same field of invention, web dispensers, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to place the motor in the roller as taught by Osborne. Doing so is the substitution of one known motor arrangement for another known motor arrangement (see MPEP 2143, I, B). This allows for the housing to be smaller as the motor is located in the housing. This arrangement provides for the gasket material is disposed within an interior of the drive roller.
In re Claim 7, modified GB2433247A does not teach wherein the gasket material is disposed between a portion of the drive roller and a gear.
However, Osborne ‘947 teaches that is known in the art of web dispensers to provide a motor in the roller (see Fig. 3, motor #60, etc.; see also Para. 0043-0057). In the same field of invention, web dispensers, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to place the motor in the roller as taught by Osborne. Doing so is the substitution of one known motor arrangement for another known motor arrangement (see MPEP 2143, I, B). This allows for the housing to be smaller as the motor is located in the housing. Such an arrangement provides for the gasket material is disposed between a portion of the drive roller and a gear.
Conclusion
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/JONATHAN G RILEY/Primary Examiner, Art Unit 3724
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