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) 1-4 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sheila Bokina (US 7,178,707 B1 – hereinafter Bokina) in view of Werner Kaufmann (US 2005/0077420 A1 – hereinafter Kaufmann), David Kennedy (US 2018/0014701 A1 – hereinafter Kennedy), and Duane T. Tegg (US 4,775,109 – hereinafter Tegg).
Re Claims 1-3:
Bokina discloses a (product) dispenser for mounting to a wall (18) and dispensing multiple number of rolls of (product), the (product) dispenser comprising: a wall plate (44 – a support surface as described in claim 3), being generally vertically elongated and comprising a pair of sidewalls (46, 48) opposite one another that project outwardly from the wall (18 or 44) when the (product) dispenser is mounted to the wall (18) (see Fig. 1), wherein a plurality of apertures (28) are defined horizontally through one of the pair of sidewalls (46, 48) (see Fig. 3); a cover (16) pivotally connected to the wall plate (44); and a plurality of (product) support members (26) corresponding to the number of (product) rolls to be housed within the (product) dispenser (see Figs. 2 and 3) (see Figs. 1-8), but fails to teach a toilet paper dispenser, and dispensing multiple number of rolls of toilet paper simultaneously, each toilet paper support member comprising a first leg that extends parallel to a second leg and a transverse member connecting the first leg to the second leg, wherein one leg of each toilet paper support member is inserted through a respective one of the plurality of apertures defined horizontally through one of the pair of sidewalls and the second leg is free to support a toilet paper roll, wherein the cover comprises a dispensing opening corresponding to each of the multiple number of rolls of toilet paper that can be disposed inside of the toilet paper dispenser so that all rolls of toilet paper can be dispensed simultaneously.
Kaufmann teaches a toilet paper dispenser (1), each toilet paper support member (2, 4) comprising a first leg (top horizontal-like portion near 14 which fits into opening) that extends parallel to a second leg (lower horizontal-like portion which fits through a core of a roll) and a transverse member (vertical-like portion at 2, vertical-like portion at 4) connecting the first leg to the second leg, wherein one leg (lower horizontal-like portion which fits through a core of a roll) of each toilet paper support member (2, 4) is inserted through a respective one of a plurality of apertures (see opening portion for the upper portions of support member to fit through) defined horizontally through one of a sidewall (at the portion which supports the supporting members) and the second leg (lower horizontal-like portion which fits through a core of a roll) is free to support a toilet paper roll (see Fig. 1) (see Figs. 1-10). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina with that of Kaufmann to provide an alternative supporting means that would allow the toilet paper roll to easily slide on a roll support arm and rotate on the arm while not binding or falling off. Both Bokina and Kaufmann require openings for inserting a supporting member, one of ordinary skill in the art would recognize that positioning an opening on Bokina as suggested by Kaufmann would allow for an alternative roll supporting formation as obvious to one of ordinary skill in the art, and wouldn’t require any additional inventive skill.
Kennedy teaches a toilet paper support member comprising a first leg (near 342) that extends parallel to a second leg (near 344), and a transverse member (at 340) connecting the first leg (near 342) to the second leg (near 344) (see Figs. 1-6). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina with that of Kaufmann and Kennedy to allow a toilet paper roll to easily slide on a roll support arm and rotate on the arm while not binding or falling off. Re Claim 2: Examiner notes that the combination of Bokina with that of Kaufmann and Kennedy would be capable of providing wherein the second leg of the toilet paper support member extends horizontally across the wall plate. Kaufmann teaches a supporting member which must be input into an aperture, the aperture would cause the supporting member to extend horizontally across a rear-like wall plate. Kennedy further shows a structure capable of such in more detail than Kaufmann.
Tegg teaches dispensing multiple number of rolls of toilet paper simultaneously, wherein a cover (11) comprises a dispensing opening (53, 54) corresponding to each of a multiple number of rolls of toilet paper that can be disposed inside of a toilet paper dispenser so that all rolls of toilet paper can be dispensed simultaneously (see Figs. 1-8). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina with that of Kaufmann, Kennedy, and Tegg, to allow for dispensing from multiple rolls as desired at the same time.
Further Re Claims 4 and 14:
Bokina discloses wherein the wall plate (44) includes a plurality of mounting apertures (36) defined through the wall plate (44) (see Fig. 8).
Re Claims 12 and 13:
Bokina discloses a (product) dispensing system for mounting to a wall (18) and dispensing a plurality of rolls (product), the (product) dispensing system comprising: a wall plate (44 – a support surface as described in claim 3), comprising a pair of sidewalls (46, 48) opposite one another (see Fig. 1), wherein a plurality of apertures (28) are defined horizontally through one of the pair of sidewalls (46, 48) (see Fig. 3);a cover (16) pivotally connected to the wall plate (44); and a plurality of (product) support members (26), but fails to teach a toilet paper dispensing system, dispensing a plurality of rolls of toilet paper simultaneously, each toilet paper support member comprising a first leg that extends parallel to a second leg and a transverse member connecting the first leg to the second leg, wherein one leg of each toilet paper support member is inserted through a respective one of the plurality of apertures defined horizontally through one of the pair of sidewalls and the second leg is free to support a toilet paper roll, wherein the cover comprises a dispensing opening corresponding to each of the plurality of toilet paper support members such that each toilet paper roll housed within the cover can be dispensed simultaneously.
Kaufmann teaches a toilet paper dispensing system (1), each toilet paper support member (2, 4) comprising a first leg (top horizontal-like portion near 14 which fits into opening) that extends parallel to a second leg (lower horizontal-like portion which fits through a core of a roll) and a transverse member (vertical-like portion at 2, vertical-like portion at 4) connecting the first leg to the second leg, wherein one leg (lower horizontal-like portion which fits through a core of a roll) of each toilet paper support member (2, 4) is inserted through a respective one of a plurality of apertures (see opening portion for the upper portions of support member to fit through) defined horizontally through one of a sidewall (at the portion which supports the supporting members) and the second leg (lower horizontal-like portion which fits through a core of a roll) is free to support a toilet paper roll (see Fig. 1) (see Figs. 1-10). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina with that of Kaufmann to provide an alternative supporting means that would allow the toilet paper roll to easily slide on a roll support arm and rotate on the arm while not binding or falling off. Both Bokina and Kaufmann require openings for inserting a supporting member, one of ordinary skill in the art would recognize that positioning an opening on Bokina as suggested by Kaufmann would allow for an alternative roll supporting formation as obvious to one of ordinary skill in the art, and wouldn’t require any additional inventive skill.
Kennedy teaches a toilet paper support member comprising a first leg (near 342) that extends parallel to a second leg (near 344), and a transverse member (at 340) connecting the first leg (near 342) to the second leg (near 344) (see Figs. 1-6). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina with that of Kaufmann and Kennedy to allow a toilet paper roll to easily slide on a roll support arm and rotate on the arm while not binding or falling off.
Tegg teaches dispensing a plurality of rolls of toilet paper simultaneously, wherein a cover (11) comprises a dispensing opening (53, 54) corresponding such that each toilet paper roll housed within the cover can be dispensed simultaneously (see Figs. 1-8). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina with that of Kaufmann, Kennedy, and Tegg, to allow for dispensing from multiple rolls as desired at the same time. Examiner further notes the combination would be capable of providing wherein the cover comprises a dispensing opening corresponding to each of the plurality of toilet paper support members by way of the corresponding parts as cited, functioning in a predictable manner without any additional inventive skill required.
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bokina in view of Kaufmann, Kennedy, and Tegg, and further in view of Elias Economakis (US 4,205,802 – hereinafter Economakis).
Further Re Claims 5 and 15:
Bokina in view of Kaufmann, Kennedy, and Tegg discloses the device of claim 1, but fails to teach wherein the number of (product) rolls to be housed within the (product) dispenser is three.
Economakis further in view teaches wherein the number of toilet paper rolls (16, 17, 18) to be housed within a toilet paper dispenser is three (see Figs. 1-3). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina in view of Kaufmann, Kennedy, and Tegg, with that of Economakis to provide a duplication of parts to dispense a desired quantity as preferred by one of ordinary skill in the art.
Claim(s) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bokina in view of Kaufmann, Kennedy, and Tegg, and further in view of Darren Carl McIntosh (US 2020/0129015 A1 – hereinafter McIntosh).
Further Re Claims 6 and 16:
Bokina in view of Kaufmann, Kennedy, and Tegg discloses the device of claim 1, but fails to teach wherein the wall plate further comprises an upper mid wall spanning between the pair of sidewalls and a lower mid wall spanning between the pair of sidewalls.
McIntosh further in view teaches wherein a wall plate further comprises an upper mid wall (at 98) spanning between a pair of sidewalls and a lower mid wall (at 80) spanning between a pair of sidewalls (see Fig. 5) (see Figs. 1-10). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina in view of Kaufmann, Kennedy, and Tegg, with that of McIntosh to provide discrete locations for storage, so as to separate products from one another.
Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bokina in view of Kaufmann, Kennedy, and Tegg and further in view of John Glucksman (3,369,697 – hereinafter Glucksman).
Re Claims 7 and 17:
Bokina in view of Kaufmann, Kennedy, and Tegg discloses the device of claim 1, but fails to teach wherein the cover defines a latch slot configured to receive at least a portion of a latch member when the cover is in a closed position.
Glucksman further in view teaches wherein a cover (22) defines a latch slot (24) configured to receive at least a portion of a latch member (16) when the cover is in a closed position (see Fig. 1). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina in view of Kaufmann, Kennedy, and Tegg, with that of Glucksman to secure a cover against movement for protection of contents within.
Claim(s)10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bokina in view of Kaufmann, Kennedy, and Tegg and further in view of David R. Von Schenk (US 6,056,233 – hereinafter Schenk).
Re Claim 10:
Bokina in view of Kaufmann, Kennedy, and Tegg discloses the device of claim 1, but fails to teach wherein the cover is pivotally connected to the wall plate adjacent to a vertically top end of the wall plate.
Schenk further in view teaches wherein a cover (25) is pivotally connected to a wall plate adjacent to a vertically top end of the wall plate (see Figs. 1-2). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina in view of Kaufmann, Kennedy, and Tegg, with that of Schenk to provide an alternative cover arrangement as known within the art.
11. Claim(s) 11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bokina in view of Kaufmann, Kennedy, Tegg, and Schenk and further in view of Koo et al. (US 3,729,145 – hereinafter Koo).
Re Claims 11 and 20:
Bokina in view of Kaufmann, Kennedy, Tegg, and Schenk discloses the device of claim 10, but fails to teach wherein the cover is pivotally connected to the wall plate via a pivot member that is passed through one side of the cover, across the wall plate and through an opposite second side of the cover.
Koo further in view teaches wherein a cover (270) is pivotally connected to a wall plate via a pivot member (142) that is passed through one side of the cover, across the wall plate and through an opposite second side of the cover (see Fig. 7). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Bokina in view of Kaufmann, Kennedy, Tegg, and Schenk, with that of Koo to provide an alternative connection means for pivoting members as known within the art.
Allowable Subject Matter
Claims 8, 9, 18, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm est.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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