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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/4/2025 has been entered.
Claim 1, were amended. Claims 1-20 are pending.
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.
Claim(s) 1 and 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carroll (US 20080107781 A1) and Amazon Femuar Lunchbag (see webpage attached).
With respect to claim 1, Carroll discloses a device capable of being a receptacle for collecting inedible food items discarded by spitting, the receptacle comprising: a receiving unit (10) configured to partially contain an act of spitting, the receiving unit having an upper end and a lower end, wherein upper end is at an opening of the receiving unit, wherein the upper end is connected to a sleeve (sleeve between 26) which includes a toothpick (18 page 3 [0062]), and wherein the sleeve closes the opening of the receiving unit; a collection unit having an open end and closed end (upper and lower portion of 20), wherein the open end is connected to the lower end of the receiving unit.
Carroll failed to disclose wherein the receptacle is contained within a bag having a seal at a top end, wherein the top end of the bag can be opened to remove the receptacle, wherein the bag creates a pocket when unsealed such that the receptacle is used for collecting inedible food items by placing the closed end of the collection unit inside the bag with the receiving unit positioned outside the bag. However, in a similar field of endeavor, namely food storage, Amazon Femuar Lunchbag taught of a container that can store multiple items intended for mealtime. It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the pouch of Carroll with this well-known technique in order to store the pouch along with other mealtime items. (The claim language includes complete removal of the pouch as meeting the claimed structure)
Examiner Note: The term toothpick can be broadly interpreted, such that a straw and stirring stick may be used. An eating utensil, specifically being a toothpick is taught by Steele (US 20140120207 A1) in the abstract.
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With respect to claim 5, the references as applied to claim 1, above, disclose all the limitations of the claims. Carroll further discloses wherein the connection of the sleeve and the upper end is perforated. (page 6 [0089])
With respect to claim 6, the references as applied to claim 1, above, disclose all the limitations of the claims. Carroll further discloses wherein the sleeve (sleeve between 26) is removable from the upper end of the receiving unit.
With respect to claim 7, the references as applied to claim 1, above, disclose all the limitations of the claims. Carroll further discloses wherein the toothpick (18) is disposed within a tubular section of the sleeve (sleeve between 26) dimensioned to fit the toothpick.
With respect to claim 8, the references as applied to claim 1, above, disclose all the limitations of the claims. Carroll further discloses wherein the collection unit has a length that is folded to store the receptacle within the bag, wherein the collection unit is unfolded to use, and wherein at least a partial length of the collection unit can fit within the pocket created by the unsealed bag.
Examiner Note: The pouch of Carroll can be folded to in a storage unit (lunchbox), lunch boxes generically come in a variety of sizes. Amazon Femaur Lunchbag is an example of one, in a vertical orientation and/or along with the storage of other items, the bag of Carroll may be folded to accommodate space for other items.
With respect to claim 9, the references as applied to claim 1, above, disclose all the limitations of the claims. Carroll further discloses wherein the bag containing the receptacle is resealable. (Zipper on Amazon Femuar Lunchbag)
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carroll (US 20080107781 A1) in view of Galomb (US 6254907 B1).
With respect to claim 3, the references as applied to claim 1, above, disclose all the limitations of the claims except for wherein the upper end is wider than the lower end, and wherein the upper end depends downward toward the narrower lower end which is integrated to the collection unit. However, in a similar field of endeavor, namely food storage devices, Galomb taught of an upper end that is wider than the lower end which enables the product to be shaped like a bowl (abstract). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container of Carroll to include a bowl shape as taught by Galomb in order to allow for use as a bowl.
With respect to claim 4, the references as applied to claim 3, above, disclose all the limitations of the claims. The references further teach wherein a sides of the receiving unit are pushed in to open the receiving unit into a funnel shape. (Galomb is intended to be pushed in to create the bowl/funnel shape)
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carroll (US 20080107781 A1) in view of McGinnis (US 20060280385 A1).
With respect to claim 1, Carroll discloses a device capable of being a receptacle for collecting inedible food items discarded by spitting, the receptacle comprising: a receiving unit (10) configured to partially contain an act of spitting, the receiving unit having an upper end and a lower end, wherein upper end is at an opening of the receiving unit, wherein the upper end is connected to a sleeve (sleeve between 26) which includes a toothpick (18 page 3 [0062]), and wherein the sleeve closes the opening of the receiving unit; a collection unit having an open end and closed end (upper and lower portion of 20), wherein the open end is connected to the lower end of the receiving unit.
Carroll failed to disclose wherein the receptacle is contained within a bag having a seal at a top end, wherein the top end of the bag can be opened to remove the receptacle, wherein the bag creates a pocket when unsealed such that the receptacle is used for collecting inedible food items by placing the closed end of the collection unit inside the bag with the receiving unit positioned outside the bag. However, in a similar field of endeavor, namely receptacles, McGinnis taught of a container that attaches to the back of seats which would enable the ability to be placed in the claimed orientation. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container of Carroll to include the bag as taught by McGinnis in order to allow for storage of McGinnis pouch.
Examiner Note: The term toothpick can be broadly interpreted, such that a straw and stirring stick may be used. An eating utensil, specifically being a toothpick is taught by Steele (US 20140120207 A1) in the abstract.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carroll (US 20080107781 A1) in view of O’Hara (US 20210139200 A1).
With respect to claim 10, the references as applied to claim 1, above, disclose all the limitations of the claims except for wherein the receptacle is fashioned from a fibrous material used to make paper, wherein the fibrous material is selected from the group comprising of fiber from wood, bamboo, cork, cotton, hemp, mulberry, and combinations thereof. However, in a similar field of endeavor, namely food storage, O’Hara taught of a food bag that utilizes paper (page 4 [0046]) to store the food contents to provide beneficial thermal characteristics (abstract). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bag of Carroll to include a material as taught by O’Hara in order to allow for better thermal
Response to Arguments
Applicant's arguments filed 11/4/2025 have been fully considered but they are not persuasive. The applicant argues that the prior art does not disclose the amended material of claim 1 "wherein the bag creates a pocket when unsealed such that the receptacle is used for collecting inedible food items by placing the closed end of the collection unit inside the bag with the receiving unit positioned outside the bag". However, the amended material only states an intended configuration. The term "such that" can read similarly to "configured to". The prior rejection discloses a structure that is capable of achieving the intended configuration. For example, having a pouch in a standard rectangular lunchbox. Once both elements are opened, the pouch can stand vertically in the lunchbox. Opening the top of the pouch enables the user to discard inedible food items. The claim limitation essentially only states an ability to be put in the claimed position, it does not positively claim the orientation. Therefore, the prior art reads on the present application.
The old rejection still stands, but in order to further aid the old rejection, a specific lunch bag was selected and used as prior art.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-2833460-A, US-4162547-A, US-5354132-A, US-20040001653-A1, US-20060280385-A1, US-20080182739-A1, US-20110280498-A1, US-20220185539-A1
Conclusion
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/S.K.S./Examiner, Art Unit 3735
/ERNESTO A GRANO/Primary Examiner, Art Unit 3735