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 wheel rotatably fixed to and extending from one of the third sidewall and the fourth sidewall” as recited in claim 5 must be shown or the feature(s) canceled from the claim(s). The preceding claims 1-4 recite an embodiment as shown in Figure 1 there is no “wheel rotatably fixed to and extending from one of the third sidewall and the fourth sidewall” shown in the claimed embodiment. Similar issues in claims 6, 7, 16 and 17 wherein the claim structure is not shown in the embodiment of claim 1.
Therefore, the limitations “wherein one of the third sidewall or the fourth sidewall of the second housing include a concave groove that extends from a top of the third sidewall or the fourth sidewall toward the base of the second housing” as recited in claim 10 must be shown or the feature(s) canceled from the claim(s). The parent claims 1,8 and 9 recites an embodiment as shown in Figure 1, does not show the claimed structure of claim 10.
No new matter should be entered.
The drawings are objected to because the drawing Figures 1-59 comprise a gray scale shading to show structure of the disclosed embodiment wherein, pertinent structure of the invention is difficult to visualize and specific structural elements are difficult to discern. It is suggested the applicant provide drawings with the grayscale shading removed and all critical structure clearly distinguishable. Appropriate action is required.
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 § 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 1-4,8-9,11-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Leighton (US 6,648,172) in view of Branyon (US 3,477,624).
Referring to claims 1 and 14. Leighton discloses a dispenser (10; Figure 1) and a method of forming a dispenser, comprising:
a first housing (11; Figure 5); and
a second housing (13; Figure 4), the first housing (11; Figure 5) being arrangeable within the second housing (13; see arrangement in Figure 2).
Leighton does not disclose a cutting edge fixed to the first housing and extending therefrom.
Branyon discloses a dispensing carton (20; Figure 4) wherein a cutting edge (56; Figure 6) fixed to the first housing (20) and extending therefrom.
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 Leighton to include a cutting edge fixed to the first housing as taught by Branyon because including a cutting edge fixed to the first housing would allow a user to easily tear a sheet in desired lengths by a user.
Referring to claims 2 and 15. Leighton discloses a dispenser (10; Figure 1), comprising:
wherein the first housing (11; Figure 5) includes a base (24), a first sidewall extending from a first side of the base, a second sidewall that is spaced from the first sidewall, extending from a second side of the base, a third sidewall extending from a third side of the base, between a first end of the first sidewall and a first end of the second sidewall, a fourth sidewall extending from a fourth side of the base, between a second end of the first sidewall and a second end of the second sidewall, and a top wall, the first sidewall, the first sidewall, the second sidewall, the third sidewall and the fourth sidewall defining a cavity (interior of 11) therebetween with the top wall configured to extend over the cavity (see sidewall structure labeled in the reproduced Figure below, as claimed).
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Referring to claim 3. Leighton discloses a dispenser (10; Figure 1), comprising: wherein a tab (28) extends from the top wall to aid in securing the top wall and sealing the cavity (see tab 28 disposed over the side; Figure 7)
Referring to claim 4. Leighton discloses a dispenser (10; Figure 1), comprising:
wherein the cutting edge (56; Figure 6; Branyon) extends beyond one of the first sidewall and the second sidewall (see teeth of 56 extending beyond one of the first sidewall and the second sidewall).
Referring to claims 8, 9, 18 and 19. Leighton discloses a dispenser (10; Figure 1), comprising:
wherein the second housing includes a base, a first sidewall (14; Figure 1) extending from the base, a second sidewall (opposite 14; Figure 1) that is spaced from the first sidewall and extending from the base, a third sidewall extending from the base between a first end of the first sidewall and a first end of the second sidewall to delimit a first end of the second housing and a fourth sidewall extending from the base between a second end of the first sidewall and a second end of the second sidewall to delimit a second end of the second housing, the first sidewall, the second sidewall, the third sidewall and the fourth sidewall defining a cavity (cavity of 13; Figure 4) that is open at the top of the second housing (11; Figure 5) (see sidewall structure labeled in the reproduced Figure below, as claimed).
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Referring to claims 11 and 20. Leighton discloses a dispenser (10; Figure 1), comprising:
wherein a sheet of tips (sheet) are fixable to a base of the first housing (stored in the first housing 11; Figure 5) and, in an assembled state nested between the first housing (11) and the second housing (13).
Referring to claims 12. Leighton discloses a dispenser (10; Figure 1),
further comprising an enclosure (enclosure of 13) fixed to a base (24) of the first housing (11) that is configured to house sheet paper (see Figure 6).
Referring to claims 13. Leighton discloses a dispenser (10; Figure 1),
wherein the enclosure includes a bottom wall, a top wall that is spaced from the bottom wall, a first sidewall that extends longitudinally between the top wall and the bottom wall, a second sidewall that is spaced from the first sidewall and extends longitudinally between the top wall and the bottom wall and a third sidewall that extends transverse between the first sidewall and the second sidewall to delimit one end of the case, the top wall, the bottom wall and the sidewalls form a cavity with an opening at one end.
Claims 5-7 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Leighton (US 6,648,172) in view of Branyon (US 3,477,624) and further in view of Fenton (US 2005/0189372 A1).
Referring to claim 5. Leighton in view of Branyon do not disclose comprising a wheel rotatably fixed to and extending from one of the third sidewall and the fourth sidewall.
Fenton discloses a dispenser for tissues (20; Figure 6D) comprising a wheel (axle of 70; Figure 6D) rotatably fixed to and extending from one of the third sidewall (73) and the fourth sidewall (wall opposite 73).
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 Leighton in view of Branyon to include a wheel rotatably fixed to and extending from one of the third sidewall and the fourth sidewall as taught by Fenton because the roll of sheet product can be more readily unwound by a user.
Referring to claims 6, 16 and 17. Fenton discloses a dispenser for tissues (20; Figure 6D) wherein the wheel (axle of 70; Figure 6D) includes a cylindrical body (cylindrical axle) and a rim (rim at edge of axle) at one end of the cylindrical body (cylindrical axle).
Referring to claim 7. Fenton discloses a dispenser for tissues (20; Figure 6D)
wherein the wheel (axle of 70; Figure 6D) includes a plurality of projections (lever and handle portion of the axle) configured to aid in gripping and rotating the wheel (see Figure 6D).
Allowable Subject Matter
Claim 10 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 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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