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 § 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) 1-3 and 6-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin CN 201193123 Y (IDS) in view of Boon et al. WO 2021/050450 A1 (IDS).
Lin discloses a dispenser for sheet materials comprising:
(re claim 1) "a housing defining an interior enclosure, the housing comprising a top, a bottom, and a pair of opposing sides, the housing further including a first open end opposite a second open end" (2 figure 1). "a stationary member having a fixed position within the interior enclosure of the housing" (31 figure 1,2). "a tray member positioned on one side of the stationary member within the interior enclosure of the housing, the tray member being laterally movable between a closed position within the housing and a dispensing position" (1 figure 1,2). "a tab member positioned on a side of the stationary member opposite the tray member, the tab member being laterally movable" (33 figure 1,2). "a conveyor in operative association with the stationary member, the tray member and the tab member being attached to the conveyor such that, when the tab member is laterally moved, the tray member moves from the closed position to the dispensing position for dispensing from the tray member" (32,11,35 figure 1,2).
Lin does not disclose that the tray member containing at least one sheet material, wherein the tray member is configured to dispense the at least one sheet material comprising a stack of tissue products.
Boon teaches that the tray member containing at least one sheet material, wherein the tray member is configured to dispense the at least one sheet material comprising a stack of tissue products (abstract, 281,282 figure 7A).
It would have been obvious to one skilled in the art to modify the dispenser of Lin to include that the tray member containing at least one sheet material, wherein the tray member is configured to dispense the at least one sheet material comprising a stack of tissue products because it provides an attractive dispensing box for tissues.
(re claim 2) "wherein the conveyor comprises a film" (32 figure 1,2).
(re claim 3) "the conveyor forms an endless loop around the stationary member" (32 figure 1,2).
(re claim 4) Canceled
(re claim 5) Canceled
(re claim 6) Lin is mute with regard to the stack of sheet materials are note interfolded.
Boon teaches that the stack of sheets materials are or are not interfolded (page 1 lines 3-10).
It would have been obvious to one skilled in the art to modify the dispenser of Lin to include that the stack of sheet materials are not interfolded because it might cause the sliding mechanism to jam.
(re claim 7) "when the tab member is pulled out from the first open end of the housing, the tray member moves out of the second open end of the housing" (1,33 figure 1,2).
(re claim 8) "when the tab member is pushed into the first open end of the housing, the tray member moves into the second open end of the housing into the closed position" (1,33 figure 1,2).
(re claim 9) Lin does not disclose that the tray member can hold from about 5 to about 50 individual sheet materials in a stack.
Boon teaches that the tray member can hold from about 5 to about 50 individual sheet materials in a stack (page 4 lines 9-15).
It would have been obvious to one skilled in the art to modify the dispenser of Lin to include that the tray member can hold from about 5 to about 50 individual sheet materials in a stack because it limits the size of the container to a manageable size for a pocket or purse.
(re claim 10) "the tray member has a first end and a second end, and wherein the tray member is attached to the conveyor at the first end" (1,11 figure 1). "the tab member has a first end and a second end, and wherein the tab member is attached to the conveyor at the second end" (33,35 figure 2).
(re claim 11) "when the tray member is in the closed position, the tab member is also positioned within the housing" (1,33 figure 1,2).
(re claim 12) "the tray member is adjacent to a top surface of the stationary member and wherein the tab member is adjacent to a bottom surface of the stationary member" (1,33 figure 1,2).
(re claim 13) Lin does not disclose the tray member is adjacent to a bottom surface of the stationary member and the tab member is adjacent to a top surface of the stationary member. This feature lacks an inventive step as it is merely a reversal of the configuration of Lin and would have been obvious to try.
(re claim 14) Lin is silent with regard to the materials used in constructing the housing and the tray.
Boon teaches that the housing and the tray member are formed from a paperboard" (page 2 lines 21-32).
It would have been obvious to one skilled in the art to modify the dispenser of Lin to include that the housing and the tray member are formed from a paperboard because it's a well-known material for sheet dispensing cartons, is low cost and is recyclable.
(re claim 15) "the interior enclosure of the housing has a length and the stationary member extends over at least about 75% of the length of the interior enclosure" (31 figure 1,2).
(re claim 16) "the tray member has a length and wherein the tray member is attached to the conveyor such that when the tray member is in the dispensing position, from about 60% to about 98% of the length of the tray member extends out from the interior enclosure of the housing, the conveyor preventing any further lateral movement" (1,11,32 figure 2).
(re claim 17) "wherein the stationary member has a plate-like shape" (31 figure 2).
(re claim 18) "the tab member has a plate-like shape" (33 figure 1,2).
(re claim 19) "the housing has a width and the tab member has a width and wherein the width of the tab member is about the same width as the housing" (2,33 figure 1).
(re claim 20) Lin does not disclose that the housing has a width and the tab member has a width and wherein the width of the tab member is less than about 50% of the width of the housing. This feature lacks an inventive step as it merely reduces the with of the tab which has the benefit of reducing the cost of manufacture and the weight of the dispenser.
(re claim 21) "the dispenser further comprises at least one track member attached to the bottom of the housing and positioned over the tab member" (34 figure 1,2).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin/Boon in view of Wharton US 2010/0230316 A1.
Lin/Boon discloses the system as rejected above.
(Re claim 22) Lin/Boon do not disclose that the dispenser further comprises an anti-friction agent applied to a surface of the conveyor.
Wharton teaches that the dispenser further comprises an anti-friction agent applied to a surface of the conveyor (para 0034, 42 figure 1).
It would have been obvious to one skilled in the art to modify they system of Lin/Boon to include that the dispenser further comprises an anti-friction agent applied to a surface of the conveyor because it helps ensure that the dispensing mechanism works smoothly.
Conclusion
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
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