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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/07/2022 is being considered by the examiner.
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 14-16 is 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.
As to claim 14, applicant recites “the bottom panel has a plurality of slots, each slot configured to receive a twist-off tab of a new vial when …..storage compartment” which is not clear to the examiner since claim 1 discloses multiple “ a bottom panel” in both line 4 and line 8, thus which is not clear which “bottom panel” applicant is referring to. Furthermore, applicant recites “a plurality of slot” in line 1, which is not clear whether applicant is referring to the similar slots already recited in claim 1, lines 5 and 9 or a set of completely different slots at the bottom panel. If applicant is referring to the same set of slots, applicant should change the limitation to “the plurality of slot”. Correction is required.
Claims 15-16 are also rejected due to their dependency to claim 14.
Allowable Subject Matter
Claims 1-13 and 17-20 are allowed.
Claims 14-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
There are many references that are closely related to the current application, for example:
U.S. 20150001238 discloses a first storage compartment, and a trash storage compartment position on the side of the container or the bottom of the container, but does not disclose a second storage compartment each have a stop lid and a bottom panel having a plurality of slots and the trash storage compartment located below both the first and second storage compartments, the trash storage compartment configured to receive a plurality of twist- off tabs and a plurality of used vials, the trash storage compartment having a top lid for receiving used vials, and a bottom lid for emptying the trash storage compartment.
U.S. 8,302,810 and 8,113,343 all discloses a container compartment for holding the article and all each having a disposable compartment right below the storage compartment but does not disclose a second storage compartment each have a stop lid and a bottom panel having a plurality of slots and the trash storage compartment located below both the first and second storage compartments, the trash storage compartment configured to receive a plurality of twist- off tabs and a plurality of used vials, the trash storage compartment having a top lid for receiving used vials, and a bottom lid for emptying the trash storage compartment.
U.S. 20050236282 discloses a container with a first upper compartment with an open lid, and a bottom compartment right below the first upper compartment having an side bottom lid. However, it does not disclose a second upper compartment, a trash storage compartment does not discloses a top lid, and does not discloses each first and second storage compartment having a bottom panel having a plurality of slot, each slot configured to receive a twist-off tab of a new vial.
U.S. 20040216753 and 2233324 discloses a container with a first upper compartment with an open lid, and a trash compartment right below the first upper compartment having an side bottom lid and an open top lid. However, it does not disclose a second upper compartment, does not discloses each first and second storage compartment having a bottom panel having a plurality of slot, each slot configured to receive a twist-off tab of a new vial. Since the compartment is holding cigarette, it is not obvious to modified the bottom of the compartment with slots.
U.S. 2991922 and 2361852 discloses a container with a first upper compartment with an open lid, and a bottom compartment right below the first upper compartment having an side bottom lid (Figure 3). However, it does not disclose a second upper compartment, a trash storage compartment does not discloses a top lid, and does not discloses each first and second storage compartment having a bottom panel having a plurality of slot, each slot configured to receive a twist-off tab of a new vial.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
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, Orlando E Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHUN HOI CHEUNG/ Primary Examiner, Art Unit 3736