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 1,3-9 and 11-20 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.
Claims 1 recites the limitations "a dispensing panel substantially parallel to and spaced apart from an obscure panel" in lines 5-6. Applicants dispensing panel 28 is not shown to be substantially parallel to the obscure panel 30 as seen in drawing Figure 2. Appropriate clarification is required. Similar issue in claim 12.
Claim 4 recites the limitations "wherein each of the first-side panel and second-side panel together define a trapezoid" in line 2. It is unclear as to how the first-side panel and second-side panel together define a trapezoid. Appropriate clarification is required.
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) 1,4-6,12-15,18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keberlein (US 2006/0273107 A1).
Referring to claims 1,18 and 19. Keberlein discloses a method for a sheet dispenser (10; Figure 1) comprising:
a carton defining an interior volume (see interior on carton 10), the carton comprising six outwardly-facing surfaces (6 side walls); the six outwardly-facing surfaces defined by three pairs of panels (pair of side walls of container) comprising:
a face panel (20; Figure 1) substantially parallel to and spaced apart from a contact panel (18), a first side-panel (16) substantially parallel to and spaced apart from a second side-panel (14), and a dispensing panel (80; Figure 2) substantially parallel (see drawing objections cited above; applicant's dispensing panel is not parallel to the obscure panel) to and spaced apart from an obscure panel (84);
wherein the dispensing panel (80) comprises a dispensing opening (30) and a bearing panel (82; Figure 2) extending from the dispensing panel (80), wherein the bearing panel (82) extends from a first edge (94) defined between the dispensing panel (80) and the face panel (20; when formed as a dispenser; Figure 1), wherein the bearing panel (82) is configured to prevent the sheet dispenser from slipping between a wall
and a towel bar when mounted (can be pulled out to perform said claimed function).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the teachings of Keberlein to include a bearing panel formed as a perforated cutout in the dispensing panel because manufacturing of the blank can be made less extensive when the bearing panel is included within the dispensing panel as a perforated panel.
Referring to claim 4. Keberlein discloses a method for a sheet dispenser (10; Figure 1) comprising:
wherein each of the first-side panel (16) and second-side panel (14) together define a trapezoid (see shape in Figure 2).
Referring to claim 5. Keberlein discloses a method for a sheet dispenser (10; Figure 1) comprising:
wherein each of the face panel (20), contact panel (18), dispensing panel (80), and obscure panel (84) are rectangular (see shape in Figure 2).
Referring to claim 6 and 20. Keberlein discloses a method for a sheet dispenser (10; Figure 1) comprising:
a stack of folded sheets disposed within the interior volume (see Figure 5).
Referring to claims 12,13. Keberlein discloses a method for a sheet dispenser (10; Figure 1) comprising:
wherein the dispensing panel (80) and obscure panel (84) are parallel to each other (see drawing objection above, claimed feature not present in applicant's embodiment).
Referring to claims 14. Keberlein discloses a method for a sheet dispenser (10; Figure 1) comprising:
wherein an acute edge (edge 94) is located between the dispensing panel (80) and the contact panel (20; see Figure 1 and 2).
Referring to claims 15. Keberlein does not specifically disclose an angle formed at the acute edge is about 45 degrees.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the teachings of Keberlein to have comprised the angle formed at the acute edge is about 45 degrees, 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 3,7-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Keberlein (US 2006/0273107 A1) in view of Fearon (US 2010/0270325 A1).
Referring to claim 3. Keberlein discloses a sheet dispenser (10; Figure 1). Keberlein does not disclose the dispensing panel comprises a removable surfboard member.
Fearon discloses a sheet dispenser (418; Figure 16) wherein the dispensing panel (422) comprises a removable surfboard member (424; see Figure 16).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the teachings of Keberlein to include the dispensing panel comprises a removable surfboard member as taught by Fearon because a removable surfboard member would prevent debris from entering into the dispenser housing until opened.
Referring to claims 7,8 and 9. Keberlein discloses a sheet dispenser (10; Figure 1) wherein a tab portion connected to a third end of the fourth section, the tab portion for securing in overlapping fashion the fourth section to the first section, wherein the third section has a width substantially the same as the first section and a length in a range of about 70%-90% of the first section length.
Keberlein in view of Fearon do not specifically disclose wherein the stack of folded sheets comprises individual inter-folded towels having an overlap portion with a depth of 4.75 inches to 5.25 inches.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the teachings of Keberlein to include the stack of folded sheets comprises individual inter-folded towels having an overlap portion with a depth of 4.75 inches to 5.25 inches, 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).
Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the teachings of Keberlein to include the stack of folded sheets comprises individual inter-folded towels having an overlap portion with a depth of 2.75 inches to 3.25 inches, 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).
Referring to claim 11. Fearon discloses a sheet dispenser (418; Figure 16) comprising a baffle (324; Figure 15) disposed on the dispensing opening.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Keberlein (US 2006/0273107 A1) in view of Johnson (US 20090065560 A1).
Referring to claims 16 and 17. Keberlein does not disclose comprising a raised body indicia located on at least one of the six outwardly facing surfaces.
Johnson discloses a product package wherein a raised body indicia is located on at least one of the six outwardly facing surfaces (Para. [0006] and see Figure 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the teachings of Keberlein to include a raised body indicia located on at least one of the six outwardly facing surfaces as taught by Johnson because the dispenser housing would be more appealing to a user.
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
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