DETAILED ACTION
The Amendment filed 7/1/2026 has been entered.
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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kramer et al. (US 2022/0346605).
Regarding independent claim 1, Kramer discloses a wet or dry paper towel dispenser, comprising: a housing including a base portion (18), a paper towel roll holding portion (see para. 0035, see Fig. 2 and Fig. 8), and a paper towel advancing and wetting portion (28); a paper towel advancing mechanism (22) and a liquid dispensing mechanism (45) at least a portion of each disposed in the paper towel advancing and wetting portion, the paper towel advancing mechanism configured to receive sheet product of the paper towel roll and advance a portion of the sheet product of the paper towel roll (see at least para. 0033), the liquid dispensing mechanism configured to selectively wet the portion of the sheet product of the paper towel roll as the paper towel advancing mechanism advances the portion of the sheet product of the paper roll (see at least paras. 0037 and 0047); a first sensor operably connected to the paper towel advancing mechanism and the liquid dispensing mechanism and configured to detect a user’s hand proximate the first sensor (see at least para. 0047); and a second sensor operably connected to the paper towel advancing mechanism and the liquid dispensing mechanism and configured to detect a user’s hand proximate the second sensor (see at least para. 0047), wherein the paper towel advancing mechanism and liquid dispensing mechanism are configured to advance the portion of the sheet product of the paper roll and not dispense fluid upon the portion of the sheet product of the paper roll upon detection of the user’s hand by the first sensor but not by the second sensor (see at least para. 0047), and wherein the paper towel advancing mechanism and liquid dispensing mechanism are configured to advance the portion of the sheet product of the paper roll and dispense fluid upon the portion of the sheet product of the paper roll upon detection of the user’s hand by the second sensor but not by the first sensor (see at least para. 0047), and wherein the first sensor and the second sensor are proximity sensors (see at least paras. 0047 and 0077).
Regarding independent claim 7, Kramer discloses A wet or dry paper towel dispenser, comprising: a housing including a base portion (18) and a paper towel roll holding portion (see para. 0035 and Fig. 2 and Fig. 8); a liquid dispensing mechanism (45) configured to wet a portion of sheet product of the paper towel roll as the portion of the sheet product of the paper roll advances, the liquid dispensing mechanism includes a fluid reservoir (30) and the housing includes a fluid reservoir holding portion (see at least para. 0057) configured to removably receive the fluid reservoir to fluidly connect the fluid reservoir to the rest of the liquid dispensing mechanism, the fluid reservoir holding portion including a fluid reservoir reader (see at least para. 0059-0060) and the fluid reservoir including an identification (see at least para. 0059-0060) such that, when the fluid reservoir is installed in the fluid reservoir holding portion, the fluid reservoir reader reads the identification (see at least para. 0059-0060); a first sensor operably connected to the paper towel advancing mechanism and the liquid dispensing mechanism and configured to detect a user’s hand proximate the first sensor (see at least para. 0047); and a second sensor operably connected to the paper towel advancing mechanism and the liquid dispensing mechanism and configured to detect a user’s hand proximate the second sensor (see at least para. 0047), wherein the paper towel advancing mechanism and liquid dispensing mechanism are configured to advance the portion of the sheet product of the paper roll and not dispense fluid upon the portion of the sheet product of the paper roll upon detection of the user’s hand by the first sensor but not by the second sensor (see at least para. 0047), and wherein the paper towel advancing mechanism and liquid dispensing mechanism are configured to advance the portion of the sheet product of the paper roll and dispense fluid upon the portion of the sheet product of the paper roll upon detection of the user’s hand by the second sensor but not by the first sensor (see at least para. 0047); and a processor operably connected to the liquid dispensing mechanism and a communications interface operably connected to the processor, wherein the processor is configured to utilize the communications interface to communicate the information relating to the liquid dispensing mechanism or the wet or dry paper towel dispenser (see at least paras. 0060 and 0066), and wherein the first sensor and the second sensor are proximity sensors (see at least paras. 0047 and 0077).
Regarding independent claim 8, Kramer discloses a wet or dry paper towel dispenser, comprising: a housing including a base portion (18), a paper towel roll holding portion (see para. 0035, see Fig. 2 and Fig. 8), and a paper towel advancing and wetting portion (28); a paper towel advancing mechanism (22) and a liquid dispensing mechanism (45) at least a portion of each disposed in the paper towel advancing and wetting portion, the paper towel advancing mechanism configured to receive sheet product of the paper towel roll and advance a portion of the sheet product of the paper towel roll (see at least para. 0033), the liquid dispensing mechanism configured to selectively wet the portion of the sheet product of the paper towel roll as the paper towel advancing mechanism advances the portion of the sheet product of the paper roll (see at least paras. 0037 and 0047); and a sensor system (see at least para. 0047) operably connected to the paper towel advancing mechanism and the liquid dispensing mechanism and configured to detect a user’s intent by detecting presence of a user’s hand (see at least para. 0047); wherein the paper towel advancing mechanism and liquid dispensing mechanism are configured to operate in a first operating mode upon detection of a first intent by the sensor system (see at least para. 0047), and wherein the paper towel advancing mechanism and liquid dispensing mechanism are configured to operate in a second operating mode upon detection of a second intent by the sensor system, wherein the first operating mode and the second operating mode are different (see at least. para. 0047), wherein the first intent and the second intent are different (see at least para. 0047), and wherein the sensor system comprises a plurality of proximity sensors to detect the first intent and the second intent (see at least paras. 0047 and 0077).
Regarding dependent claims 2-6 and 9-15 Kramer discloses that paper towel roll holding portion has formed therein a cavity corresponding to a diameter of a paper towel roll (see at least Fig. 8). The paper towel advancing and wetting portion has a cover (12), wherein the cover is movable relative to the base portion to define an open position (see Fig. 2) and a closed position (see Fig. 1), in the open position at least a portion of the paper towel advancing mechanism is exposed to, during installation, manually advance a leading edge of the sheet product of the paper towel roll (see Fig. 2), and in the closed position the paper towel advancing mechanism clamps at least part of the portion of the sheet product of the paper towel roll adjacent the leading edge (see at least para. 0033). The paper towel advancing and wetting portion includes a plurality of nozzles (40) fluidly connected to a fluid reservoir (30), a first nozzle from the plurality of nozzles and a second nozzle from the plurality of nozzles positioned such that the first nozzle is configured to wet a first part of the portion of the sheet product of the paper towel roll and the second nozzle is configured to wet a second part of the portion of the sheet product of the paper towel roll as the paper towel advancing mechanism advances the portion of the sheet product of the paper roll (see at least para. 0036). The portion of the sheet product of the paper towel roll the fluid is applied to is a predetermined pattern (see at least para. 0036). Kramer further discloses a sheet product separator (see at least para. 0055) configured to separate the sheet product of the paper towel roll from a second sheet product of the paper towel roll. The first operating mode includes advancing the portion of the sheet product of the paper roll and not dispensing fluid upon the portion of the sheet product of the paper roll (see at least para. 0047), and wherein the second operating mode includes advancing the portion of the sheet product of the paper roll and dispensing fluid upon the portion of the sheet product of the paper roll (see at least para. 0047). The first intent includes detecting the user’s hand at a first position (see at least para. 0047), wherein the second intent includes detecting the user’s hand at a second position (see at least para. 0047), wherein the first position and the second position are different (see at least para. 0047). The liquid dispensing mechanism includes a removable fluid reservoir (30), and wherein the housing includes a fluid reservoir holding portion for removably receiving the fluid reservoir (see at least para. 0057). The removable fluid reservoir is refillable (see at least para. 0059). The fluid reservoir holding portion includes a reservoir coupling structure (see at least para. 0059) and wherein the removable fluid reservoir includes a device coupling (see at least para. 0059), and wherein the reservoir coupling structure is configured to connect to the device coupling to fluidly connect the fluid reservoir to the liquid dispensing mechanism (see at least para. 0059). The first operating mode and the second operating mode includes at least one amount of total fluid amount dispensed or amount of fluid dispensed on the portion of the sheet product (see at least para. 0056). Kramer further discloses a processor (see at least para. 0066) and an IOT interface, the paper towel advancing mechanism includes at least one of a paper towel sheet jam detection mechanism (see at least para. 0063) and a sheet product metering mechanism (see at least para. 0056) operably connected to the processor, the processor configured to utilize the IOT interface to communicate a paper towel sheet jam or a sheet product low signal based on the respective detection or metering (see at least para. 0066), or the liquid dispensing mechanism includes at least one of a liquid reservoir type detecting mechanism (see at least paras. 0059-0060) and a liquid metering mechanism (see at least para. 0066) operably connected to the processor, the processor configured to utilize the IOT interface to communicate a liquid type or a liquid product low signal based on the respective detection or metering (see at least para 0066).
Response to Arguments
Applicant's arguments filed 7/1/2026 have been fully considered but they are not persuasive.
The applicant states that, because Kramer teaches away from using proximity sensors, it does not disclose or suggest “wherein the first sensor and the second sensor are proximity sensors. The examiner disagrees with the applicant. In at least paras. 0047 and 0077, Kramer discloses that the first and second sensors may be proximity sensors. Additionally, the examiner notes that whether a reference “teaches away” from a claimed invention is inapplicable to an anticipation analysis. See MPEP § 2131.05.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK H MACKEY/Primary Examiner, Art Unit 3653
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