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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 25-30 and 40-43 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Falk (US 10,980,377).
Referring to claims 25 and 41. Falk discloses a dispenser (10; Figure 1) and a method for dispensing soap strips (strips 11; Figure 2) provided in a stack (S), the stack (S) having an uppermost strip and a lowermost strip the dispenser (see Figure 2) comprising:
a housing (14), having a compartment (interior of 10) for receiving the stack (S), an access opening (through the top of the walls of 14) providing access to the compartment (interior of 10) and a dispensing opening (24) through which the lowermost strip (S) can be dispensed to a user;
a cover (22), that cooperates with the housing (14) to close the access opening (through the top of the walls of 14) and can be opened to provide access to the compartment (interior of 10); and
a bias element (28) for biasing the stack (S) towards the dispensing opening (24) and a detent (59; Figure 10), wherein the bias element (28) can be retracted for refilling of the dispenser (10; Figure 1) and the detent (59; Figure 10) can latch the bias element (28) in a retracted position (see Figure 12).
Referring to claim 26. Falk discloses a dispenser (10; Figure 1) and a method for dispensing soap strips (strips 11; Figure 2) provided in a stack (S) wherein
wherein the bias element (28) can be automatically released on completion of the refill operation (by movement of arm 62; see Figure 12).
Referring to claim 27. Falk discloses a dispenser (10; Figure 1) and a method for dispensing soap strips (strips 11; Figure 2) provided in a stack (S) wherein
the bias element (28) can be automatically released by movement of the cover (22) to close the access opening (through the top of the walls of 14).
Referring to claim 28. Falk discloses a dispenser (10; Figure 1) and a method for dispensing soap strips (strips 11; Figure 2) provided in a stack (S) wherein
the bias element (28) comprises a pressure plate for engaging the uppermost strip (strip engaged the movable platen 26).
Referring to claims 29 and 43. Falk discloses a dispenser (10; Figure 1) and a method for dispensing soap strips (strips 11; Figure 2) provided in a stack (S) wherein
the compartment (interior of 10) can be inclined forwards from an operational position to a filling position for refilling of the dispenser (the dispenser housing can be tilted by a user).
Referring to claim 30. Falk discloses a dispenser (10; Figure 1) and a method for dispensing soap strips (strips 11; Figure 2) provided in a stack (S) wherein
further comprising a retaining element (interior portion of 22 facing the stack) positioned within the housing (14), sized and arranged to engage a portion of the stack (S) to retain the remaining strips and prevent them from exiting together with the lowermost strip (see Figure 9).
Referring to claim 40. Falk discloses a dispenser (10; Figure 1) and a method for dispensing soap strips (strips 11; Figure 2)
wherein the cover (22; Figure 12) is pivotably connected to the housing (14), preferably about a laterally extending horizontal axis located below the dispensing opening (see Figure 12).
Referring to claim 42. Falk discloses a dispenser (10; Figure 1) and a method for dispensing soap strips (strips 11; Figure 2)
whereby release of the bias element (28) takes place by closing the cover (see Figure 13).
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 33-39 are rejected under 35 U.S.C. 103 as being unpatentable over Falk (US 10,980,377) in view of Billman (US 11,051,664).
Referring to claim 33. Falk does not disclose comprising an engagement element, movably mounted with respect to the housing to engage the lowermost strip and move the strip to and through the dispensing opening.
Billman discloses a dispenser for sheet product (1; Figure 1) comprising an engagement element (5; Figure 2), movably mounted with respect to the housing to engage the lowermost strip (S) and move the strip (S) to and through the dispensing opening (3).
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 Falk to include an engagement element, movably mounted with respect to the housing to engage the lowermost strip and move the strip to and through the dispensing opening as taught by Billman because an engagement element would automate the sheet dispensing process.
Referring to claim 34. Billman discloses a dispenser for sheet product (1; Figure 1) wherein the engagement element (5; Figure 2) comprises a frictional surface (52) for frictionally engaging and moving the strip (S).
Referring to claim 35. Billman discloses a dispenser for sheet product (1; Figure 1) wherein the engagement element (5; Figure 2) comprises a roller (roller 5), rotatably mounted with respect to the housing (housing 1).
Referring to claim 36. Billman discloses a dispenser for sheet product (1; Figure 1) wherein
the engagement element (5; Figure 2) is arranged to move the strip (S) over a dispensing stroke (actuation event), preferably corresponding to at least 25% of the length of the strip (see Figure 1).
Referring to claim 37. Billman discloses a dispenser for sheet product (1; Figure 1) comprising a manual actuator (push button 30), engageable by a user's hand to cause dispensing of a soap strip (push button 30).
Referring to claim 38. Billman discloses a dispenser for sheet product (1; Figure 1) comprising
an automatic actuator (dispensing occurs automatically when the sheets are removed), operational to dispense one or more strips (by further pressing a push button 30) in response to an actuation signal (signal by 30).
Referring to claim 39. Billman discloses a dispenser for sheet product (1; Figure 1) wherein the dispensing opening (3; Figure 1) is located at a lower side of the housing beneath the stack (see Figure 1).
Claims 31,32,44 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Falk (US 10,980,377) in view of Billman (US 11,051,664) and further in view of Greene (US 3,051,352).
Referring to claims 31,32,44 and 45. Falk in view of Billman do not disclose wherein the retaining element comprises a post, that can be received within an aperture passing through the stack from the lowermost strip to the uppermost strip.
Greene disclose a sheet material dispenser (Figure 2) wherein the retaining element (20) comprises a post (see Figure 2), that can be received within an aperture (44; Figure 4) passing through the stack from the lowermost strip to the uppermost strip (see Figure 3).
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 Falk in view of Billman to include a retaining element comprises a post, that can be received within an aperture passing through the stack from the lowermost strip to the uppermost strip as taught by Greene because the stack can be more readily aligned.
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.
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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