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 “two parallel seats” as recited in claim 1 line 2 must be shown or the feature(s) canceled from the claim(s). Currently, members 5A (5B not shown) are pointing to the bottom of stack PA in Figure 7. No new matter should be entered.
Therefore, the “dispensing opening” as recited in claim 1 line 4 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “longitudinal direction” as recited in claim 1 line 2 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “the lower ends of the seats” as recited in claim 2 line 2 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “striction area” as recited in claim 4 line 2 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “surface sloping” as recited in claim 5 line 2 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “opposite teeth” as recited in claim 7 line 1 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “guide slots” as recited in claim 7 line 2 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “elastic foil” as recited in claim 9 line 2 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “protrusions” as recited in claim 10 line 1 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “first back portion” as recited in claim 11 line 1 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “second back portion” as recited in claim 10 line 2 must be shown or the feature(s) canceled from the claim(s).
Therefore, the “retaining members” as recited in claim 14 line 1 must be shown or the feature(s) canceled from the claim(s).
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 § 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.
Claim 1rejected 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.
Claim 1 recites the limitations “alternatively” in line 8. It is unclear as to what specifically is meant the term alternatively since, it is a narrative limitation without a specific structural meaning. Appropriate clarification is required. It is suggested the Applicant remove the “alternatively” limitations.
Claim 2 recites the limitation "the lower ends of the seats" in recited in line 1. There is insufficient antecedent basis for this limitation in the claim.
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 1,3,4,8 and 9 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Himmelmann (US 2015/0327735 A1).
Referring to claim 1. Himmelmann discloses a dispenser (2; Figure 3) for interfolded sheets (70) comprising an openable housing (4), inside which two parallel seats are provided (two supports for stack disposed on the left and right cavities; Figure 3), adjacent to each other along a longitudinal direction (see Figure 3), and configured so that each seat accommodates a respective stack of interfolded sheets (see base of housing 4 holding stack 70);
wherein each seat ends with an elongated dispensing opening (opening at 14) that extends longitudinally in the direction along which the two seats are adjacent to each other (see Figure 3); and
wherein a slider (18) is provided in front of the dispensing openings (opening at 14), adapted to take a closing position for closing one or the other of the dispensing openings alternatively (see movable cover 18 configured to slide to uncover a new stack 70);
wherein a dispensing mouth (opening in housing 4 above 14) is associated with each dispensing opening (opening at 14), positioned above the dispensing opening (opening at 14); and
wherein each dispensing mouth (opening in housing 4 above 14) comprises two sheet guiding and retaining elements (left and right side walls of 4 and opening of 14), arranged opposite each other and aligned in the longitudinal direction of extension of the respective dispensing opening (see Figure 3 and opening at 14).
Referring to claim 3. Himmelmann discloses a dispenser (2; Figure 3)
wherein each dispensing opening (opening at 14) has a longitudinal extension (extending from side to side of the dispenser; Figure 2) in the direction along which the two seats (two supports for stack disposed on the left and right cavities; Figure 3) are adjacent to each other and along which the slider moves (see movement of slider 18).
Referring to claim 4. Himmelmann discloses a dispenser (2; Figure 3)
wherein the guiding and retaining elements (left and right side walls of 4 and opening of 14) of each mouth form a striction area (restriction of opening 4 prior to exit) in front of the respective opening (opening of 4).
Referring to claim 8. Himmelmann discloses a dispenser (2; Figure 3) comprising, in each seat, a blocking member (28 and 28’; Figure 3) that prevents the movement of the slider (18) in front of the respective dispensing opening (opening of 4) when a stack of sheets is contained in the seat (see Figure 3).
Referring to claim 9. Himmelmann discloses a dispenser (2; Figure 3) wherein each blocking member (28 and 28’; Figure 3) comprises an elastic foil (20) arranged in the respective seat and adjacent to a wall of the housing (wall of 2), parallel to the direction of movement of the slider (18);
wherein the elastic foil (20) is configured to remain spaced from the wall of the housing when the respective seat is empty (see Figure 3), and to be pushed against the wall of the housing by a stack of sheets contained in the respective seat (as at member 24; Figure 3); and
wherein each foil (20) is configured to prevent the movement of the slider (18) in front of the opening of the respective seat when the foil (20) is pressed against the wall by the sheets contained in the respective seat (see Figure 3).
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 2,5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Himmelmann (US 2015/0327735 A1) in view of Horinchi (EP 0276662 A1).
Referring to claim 2. Himmelmann does not specifically disclose the dispenser
configured to have a use position where the seats extend vertically, with the dispensing openings located at the lower ends of the seats.
Horinchi discloses a towel cradle (1; Figure 3) wherein in a use position the seats (1) extend vertically, with the dispensing openings (4) located at the lower ends of the seats (1).
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 Himmelmann to include the dispenser configured to have a use position where the seats extend vertically, with the dispensing openings located at the lower ends of the seats as taught by Horinchi because the seats extend vertically into the housing would allow the seat portion to be attached to the dispenser housing.
Referring to claim 5. Horinchi discloses a towel cradle (1; Figure 3)
wherein each guiding and retaining element (interior surfaces of 1; Figure 3) comprises a surface sloping downward (13 and 5) and toward an intermediate position of the respective dispensing opening (se shown in Figure 6), wherein the sloping surfaces (13 and 5) of the two guiding and retaining elements (interior surfaces of 1; Figure 3) associated with each dispensing opening converge with each other downward (see Figure 6).
Referring to claim 6. Horinchi discloses a towel cradle (1; Figure 3)
wherein the dispensing mouths (1) are interchangeable (on similar dispensers).
Claims 7,10 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Himmelmann (US 2015/0327735 A1) in view of Horinchi (EP 0276662 A1) and further in view of Osborne (US 2012/0256036 A1).
Referring to claim 7. Himmelmann in view of Horinchi do not specifically disclose the slider comprises opposite teeth that engage in guide slots that are parallel to each other and extend in the direction of movement of the slider.
Osborne discloses a side-by-side dispenser wherein a slider (5) comprises opposite teeth that engage in guide slots (sliding guide and rails of cover 2 and slider 5; Figure 3) that are parallel to each other and extend in the direction of movement of the slider (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 Himmelmann in view of Horinchi to include the dispenser the slider comprises opposite teeth that engage in guide slots that are parallel to each other and extend in the direction of movement of the slider as taught by Osborne because the sliding movement of the slider would be made easier.
Referring to claim 10. Himmelmann discloses a dispenser (2; Figure 3) wherein the slider (18) has protrusions extending, through a respective guide slot, toward the inside of the housing (catching edges of 18 engaging members 28), the protrusions co-acting with, and abutting against, the elastic foils (20), preventing the movement of the slider (18) when the elastic foils are pushed against the wall of the housing (see Figure 3).
Referring to claim 11. Osborne discloses a side-by-side dispenser (1; Figure 2) wherein the housing comprises a first back portion (3) and a second front portion (2), hinged (17) to each other so as to take a closed position and an open position respectively (see Figure 3).
Referring to claim 12. Osborne discloses a side-by-side dispenser (1; Figure 2) comprising a lock (19; Figure 2) for closing the housing.
Referring to claim 13. Osborne discloses a side-by-side dispenser (1; Figure 2)
wherein an intermediate partition wall (partition wall at 9; Figure 2) is provided inside the housing for separating the two seats (4).
Referring to claims 14 and 15. Osborne discloses a side-by-side dispenser (1; Figure 2)
wherein retaining members (supports at 9) are fastened to the intermediate partition wall (partition wall at 9; Figure 2) for retaining the stacks of interfolded sheets housed in the two seats (4; see Figure 2).
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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