DETAILED ACTION
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 1-15 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 and 15 recite the limitations “the inside" and “the insertion”. There is insufficient antecedent basis for this limitation in the claim. It is unclear as to what is being claimed.
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.
Claim(s) 1-3, 5-9, and 13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Geertsen et al. (US 2025/0204728 A1 – hereinafter Geertsen).
Re Claim 1:
Geertsen discloses a system comprising: a) a dispenser (1) comprising: an openable housing (1); in the housing (1), a first seat (100) for a roll, wherein the first seat (100) comprises a first central pin (17) protruding from a first wall (52) of the housing toward the inside of the housing, and a first guide (110) extending around, and spaced from, the first pin (17), and adapted to guide the insertion of the roll into the first seat (100), keeping the roll centered relative to the first pin (17); a first exit hole (15) in a second wall (40) of the housing; wherein, when the housing (1) is closed (see Fig. 1), the second wall (40) is arranged opposite the first wall (52) (see Fig. 1); and b) a roll (2) of cellulose web material (see paragraph [0002]) ; wherein the cellulose web material comprises a plurality of perforation lines (see paragraph [0010]) defining sheets separately detachable from the roll (2); wherein the roll (2) comprises a solid central portion consisting of coils of web material (see paragraph [0001]); and wherein the first central pin (17) is configured to be inserted into the roll of web material and to push the solid central portion of the roll out of the roll when the latter, guided along the first guide (110), is inserted in the dispenser (1) (see Figs. 1-7). (Examiner notes that the device is capable/configured to push a solid core of the roll, for, the structure of a pin capable of entering a coreless roll is provided. Furthermore, a recitation with respect to the manner in which an apparatus is intended to be employed does not impose any structural limitation upon the claimed apparatus which differentiates it from a prior art reference disclosing the structural limitations of the claim. In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967); In re Otto, 312 F.2d 937, 136 USPQ 458 (CCPA 1963); Ex parte Masham, 2 USPQ2d 1647 (BdPatApp & Inter 1987)).
Re Claims 2 and 3:
Geersten discloses wherein the first wall (52) and the second wall (40) of the dispenser (1) are connected (near 60 - hinged) to each other and define the openable housing (1) (see Fig. 2).
Re Claim 5:
Geertsen discloses in the housing (1), a second seat (200) for a roll (2’), wherein the second seat (200) comprises a second central pin (27) protruding from the first wall (52) of the housing (1) toward the inside of the housing (1), and a second guide (210) extending around, and spaced from, the second pin (27), and adapted to guide the insertion of the roll (2’) into the second seat, keeping the roll (2’) centered relative to the second pin (27); and further comprising a second exit hole (25) in the second wall of the housing (1) (see Figs. 1-7).
Re Claim 6:
Geertsen discloses wherein each guide (110, 210) comprises a concave surface facing the respective pin (17, 27) (see Figs. 1-7).
Re Claim 7:
Geertsen discloses wherein each guide (110, 210, additionally 120, 130, 220, 230) comprises a plurality of concave surfaces facing the respective pin (see Fig. 3).
Re Claim 8:
Geertsen discloses wherein each concave surface has a cylindrical portion arranged at constant distance from an axis of the respective pin (see concave portions and their distance form pins) (see Fig. 3).
Re Claim 9:
Geertsen discloses wherein each pin (17, 27) has a constant cross section (see Fig. 2 and 17 and 27).
Re Claim 13:
Geertsen discloses wherein the second wall has a transparent window (18, 28) for each seat, adapted to allow to check the quantity of web material wound in roll contained in each seat, the transparent window (18, 28) preferably having an elongated shape (see Fig. 1).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geertsen in view of Michel Morand (US 5,058,792 – hereinafter Morand).
Re Claim 4:
Geertsen discloses the device of claim 1, but fails to teach wherein the first wall comprises coupling members for coupling to a bearing structure.
Morand teaches wherein a first wall (15) comprises coupling members (33) for coupling to a bearing structure (wall) (see Fig. 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 Geertsen with that of Morand, to allow for a housing to be fastened to a wall for supporting and dispensing.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geertsen in view of Tramontina (US 6,082,663 – hereinafter Tramontina).
Re Claims 9 and 10:
Geertsen discloses the device of claim 1, but fails to teach wherein each pin has a cross section in the shape of a cross.
Tramontina teaches wherein a pin (44) has a constant cross section (see Fig. 2B) and wherein a pin (44) has a cross section in the shape of a cross (see Fig. 2B). 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 Geertsen with that of Morand, to allow for a housing to be fastened to a wall for supporting and dispensing.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geertsen in view of Cattacin et al. (US 2008/0156926 A1 – hereinafter Cattacin).
Re Claim 11:
Geertsen discloses the device of claim 1, but fails to teach wherein a spacer is provided between each pin and the first wall, the spacer being adapted to keep the respective roll spaced from the first wall.
Cattacin teaches wherein a spacer (see spacer portion near 1 of Fig. 4) is provided between each pin (1) and the first wall, the spacer being adapted to keep a respective roll spaced from the first wall (see Fig. 4). 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 Geertsen with that of Cattacin, to allow for a housing to be fastened to a wall for supporting and dispensing.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geertsen.
Re Claim 12:
Geertsen discloses the device of claim 1, but fails to specifically teach wherein each exit hole has a diameter comprised between 5 mm and 10 mm, preferably between 6 mm and 8 mm.
However, one of ordinary skill in the art is expected to routinely experiment with the parameters, especially when the specifics are not disclosed, so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been obvious, before the effective filing date of the invention, through routine experimentation and optimization, for one of ordinary skill in the art to modify their invention to include the most optimum results and efficiency necessary for their particular invention since it has been held where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geertsen in view of Kaji et al. (US 5,518,200 A1 – hereinafter Kaji).
Re Claim 14:
Geertsen discloses the device of claim 1, but fails to teach wherein the solid central portion of the roll is formed by coils that are wound less tightly than the coils forming the outer part of the roll surrounding the solid central portion.
Kaji teaches wherein a solid central portion of a roll is formed by coils that are wound less tightly than the coils forming the outer part of the roll surrounding the solid central portion (see col. 6 line9 58 to col. 7 line 22). 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 Geertsen with that of Cattacin, to provide a particular type of tissue roll as known within the art.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geertsen in view of Cattacin and Tramontina.
Re Claim 15:
Geertsen discloses a method for loading a solid tissue paper roll into a dispenser, the dispenser comprising: an openable housing (1); in the housing (1), a seat (100) for a roll (2), wherein the seat (100) comprises a central pin (17) protruding from a first wall (52) of the housing (1) toward the inside of the housing (1), and a guide (110) extending around, and spaced from, the central pin (17), and adapted to guide the insertion of the roll (2) into the seat (100), keeping the roll (2) centered relative to the central pin (17); an exit hole (15) in a second wall (40) of the housing (1); wherein, when the housing (1) is closed, the second wall (40) is arranged opposite the first wall (52); wherein the method comprises the following steps: introducing a solid tissue paper roll (2) in the housing by guiding the solid roll (2) along the guide (110) (see Figs. 1-7), but fails to teach pressing a central area of a first flat surface of the roll against the pin and causing the pin to penetrate a solid central portion of the roll and push the innermost coils of the roll out of a second flat surface of the roll, opposite the first flat surface, the innermost coils of the roll having a leading edge; introducing the leading edge into the exit hole; and closing the housing.
Cattacin teaches pressing a central area of a first flat surface of a roll against a pin (“pushed directly through the axis of roll) and causing the pin to penetrate a solid central portion of the roll (see paragraph [0033]). 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 Geertsen with that of Cattacin to allow for a particular connection of a roll to spindle for supporting as known within the art. Examiner further notes the combination would be capable of providing and push the innermost coils of the roll out of a second flat surface of the roll (Geertsen teaches the pin can be the full length of the roll or less), opposite the first flat surface, since Geersten teaches a spindle capable of such and when pushed directly through a roll would result in such.
Tramontina teaches the innermost coils of the roll having a leading edge; introducing the leading edge into the exit hole (28); and closing the housing (see Figs. 1-2B). 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 Geertsen with that of Cattacin and Tramontina to assure proper orientation of a roll prior to dispensing.
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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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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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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