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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Broeren (US 2,336,842) in view of McConnell (US 2,115,867).
Regarding claims 19-20, Broeren (figs. 1-2) discloses a package adapted for storage and dispensing of web material from a roll, the package comprising:
a container including (1) a base portion defining a compartment with an upwardly opening access aperture, the base portion having a bottom panel 51 defining a bottom of the compartment, a front base panel 50 extending upwardly from the bottom panel to define a front of the compartment, a back panel 52 extending from the bottom panel 51 to define a back of the compartment, and first and second panel side tabs 57 extending between the bottom panel, the front base panel, and the back panel at opposing sides thereof to define opposing sides of the compartment; (2) a lid portion including a top panel 53 extending from the back panel 52 over the upwardly-opening access aperture of the compartment and a front lid panel 54 extending from the top panel downwardly along the front base panel;
a roll of web material 90 arranged in the compartment of the container, wherein the roll of web material 90 is positioned in an overhand orientation with the web material extending over a top of the roll toward the front base panel, wherein the web material is routed between the front base panel 50 and the front lid panel 54.
Broeren fails to disclose:
an access recess formed in the base portion that extends through the bottom panel of the base portion;
wherein the access recess is configured to provide access for a user to grip the web material located between the front base panel and the front lid panel for dispensing; and
wherein the access recess is arranged through areas of both the bottom panel of the base portion and the front base panel of the base portion.
However, McConnell teaches a dispensing carton provided with a single aperture 45 arranged through areas of both a bottom panel and a front base panel of a base portion (fig. 1 flipped upside down).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the bottom and front base panels 51, 50 of the modified Broeren, an aperture, to permit grasping of the end of the web which can then be drawn out to the required length, as taught by McConnell. Doing so would allow the user to easily pull the web of material without the blade cutting their fingers.
Claims 1-3, 6-12, 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Broeren (US 2,336,842) in view of Hurlbut (US 1,599,238) further in view of McConnell (US 2,115,867).
Regarding claims 1-3 and 6-8, Broeren(figs. 1-2) discloses a package adapted for storage and dispensing of web material from a roll, the package comprising:
a container including (1) a base portion defining a compartment with an upwardly opening access aperture, the base portion having a bottom panel 51 defining a bottom of the compartment, a front base panel 50 extending upwardly from the bottom panel to define a front of the compartment, a back panel 52 extending from the bottom panel 51 to define a back of the compartment, and first and second panel side tabs 57 extending between the bottom panel 51, the front base panel 50, and the back panel 52 at opposing sides thereof to define opposing sides of the compartment; and (2) a lid portion coupled to the base portion for motion of the lid portion relative to the base portion, the lid portion including a top panel 53 with two free sides extending from the back panel 52 at a corner of the base portion over the upwardly-opening access aperture of the compartment, a front lid panel 54 extending from the top panel 53 downwardly along the front base panel 50; and
a roll of web material 90 arranged in the compartment of the container, the roll of web material 90 being wound around a central axis that extends through the first base side tab and the second base side tab 57, wherein the web material is routed between the front base panel 50 and the front lid panel 54 so that a shear force can be applied to the web material during dispensing and reduce the tendency of the web material to curl when a portion of the web material is removed from the roll of web material.
Broeren fails to disclose:
the base portion being formed to include an access recess configured to provide access for a user to grip the web material located between the front base panel and the front lid panel for dispensing;
wherein the access recess extends through the bottom panel of the base portion;
wherein the access recess extends through the front base panel of the base portion; and
wherein the access recess is provided by a single aperture opening into the compartment of the container;
wherein the single aperture that provides the access recess is arranged through areas of both the bottom panel of the base portion and the front base panel of the base portion;
locking tabs extending from the top panel downwardly along the first and second panel side tabs of the base, wherein the locking tabs are configured to selectively retain the lid portion in a dispensing position with the top panel extending over the upwardly-opening access aperture and the front lid panel extending downwardly along the front base panel;
wherein at least part of the locking tabs included in the lid portion are folded into the compartment when the locking tabs are retaining the lid portion in the dispensing position; and
wherein the at least part of the locking tabs included in the lid portion are inserted through slots formed in the first and second panel side tabs when the locking tabs are retaining the lid portion in the dispensing position.
However, Hurlbut teaches a dispenser having locking tabs g on the lid and corresponding slits 5 on the base portion 8 (figs. 1-3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the device or Hurlbut, locking tabs and corresponding slits or slots, to keep the lid closed during dispensing.
Further, McConnell teaches a dispensing carton provided with a single aperture 45 arranged through areas of both a bottom panel and a front base panel of a base portion (fig. 1 flipped upside down).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the bottom and front base panels 51, 50 of the modified Broeren, an aperture, to permit grasping of the end of the web which can then be drawn out to the required length, as taught by McConnell. Doing so would allow the user to easily pull the web of material without the blade cutting their fingers.
Regarding claim 9, Broeren further discloses the front lid panel 54 of the lid portion is sized to extend over most of the front base panel 50 of the base portion (figs. 13-14).
Regarding claims 10-12, 15-17, Broeren (figs. 1-2) discloses a container for storing and dispensing a roll of web material, the container comprising a base portion defining a compartment with an upwardly opening access aperture, the base portion having a bottom panel 51 defining a bottom of the compartment, a front base panel 50 extending upwardly from the bottom panel 51 to define a front of the compartment, a back panel 52 extending from the bottom panel to define a back of the compartment, and first and second panel side tabs 57 extending between the bottom panel 51, the front base panel 50, and the back panel 52 at opposing sides thereof to define opposing sides of the compartment; and
a lid portion including a top panel 53 extending from the back panel over the upwardly-opening access aperture of the compartment, a front lid panel 54 extending from the top panel downwardly along the front base panel 50.
Broeren fails to disclose:
the base portion being formed to include an access recess configured to provide access into the compartment when the lid portion is in the dispensing position;
wherein the access recess extends through the bottom panel of the base portion;
wherein the access recess extends through the front base panel of the base portion;
wherein the access recess is provided by a single aperture opening into the compartment of the container; and
wherein the single aperture that provides the access recess is arranged through areas of both the bottom panel of the base portion and the front base panel of the base portion;
locking tabs extending from the top panel downwardly along the first and second panel side tabs of the base, wherein the locking tabs are configured to selectively retain the lid portion in a dispensing position with the top panel extending over the upwardly-opening access aperture and the front lid panel extending downwardly along the front base panel;
wherein at least part of the locking tabs included in the lid portion are folded into the compartment when the locking tabs are retaining the lid portion in the dispensing position; and
wherein the at least part of the locking tabs included in the lid portion are inserted through slots formed in the first and second panel side tabs when the locking tabs are retaining the lid portion in the dispensing position.
However, Hurlbut teaches a dispenser having locking tabs g on the lid and corresponding slits 5 on the base portion 8 (figs. 1-3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the device or Hurlbut, locking tabs and corresponding slits or slots, to keep the lid closed during dispensing.
Further, McConnell teaches a dispensing carton provided with a single aperture 45 arranged through areas of both a bottom panel and a front base panel of a base portion (fig. 1 flipped upside down).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the bottom and front base panels 51, 50 of the modified Broeren, an aperture, to permit grasping of the end of the web which can then be drawn out to the required length, as taught by McConnell. Doing so would allow the user to easily pull the web of material without the blade cutting their fingers.
Regarding claim 18, Broeren further discloses the front lid panel 54 of the lid portion is sized to extend over most of the front base panel 50 of the base portion (figs. 13-14).
Response to Arguments
Applicant's arguments filed 9/7/26 have been fully considered but they are not persuasive.
Regarding applicant’s argument about the opening 45 of McConnell, it is noted that McConnell discloses opening 45 extending through two adjoining panels. Upon reorienting the disclosed carton, these panels correspond to the claimed bottom panel and front base panel, respectively, while opening 45 extends through both panels as claimed. The fact that the panels are identified as part of the lid in McConnel does not preclude their correspondence to the claimed panels when the carton is reoriented.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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, Anthony Stashick can be reached at 571-272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
Prosecution Insights