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 .
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) 1-4 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nordstroem (EP1283170) in view of Shinohara et al. (JPH11100014).
Regarding Claim 1, Nordstroem discloses a waste storage refill 17 (Figure 1) for a waste storage cassette 18 (figure 4) to be mounted in a waste storage device (Figure 1), the waste storage refill comprising: a tubular film 17 (Figure 4) folded over in alternate directions to form concentric pleats that are stacked in a radial direction (Figure 4) such that pulling an end of the tubular film axially expands the pleats (Figure 1); wherein the concentric pleats are formed into a ring (Figure 4). Nordstroem does not disclose a ring that is squashed flat by drawing together two diametrically opposed points on the ring to form a refill package that is approximately cuboid in shape; and wherein the together across the diameter of the tubular film to form a flattened package that is openable such that the concentric pleats again form a ring for insertion into a waste storage cassette. However, Shinohara et al. teaches a ring (Figure 5) that is squashed flat by drawing together two diametrically opposed points on the ring to form a refill package (figure 1, 4 and 12) that is approximately cuboid in shape (figure 12); and wherein the together across the diameter of the tubular film to form a flattened package that is openable such that the concentric pleats again form a ring for insertion into a waste storage cassette (Figure 4). Therefore, it would have been obvious for one of ordinary skill in the art before the invention was made to modify Nordstroem to include the above, as taught by Shinohara et al., in order to allow for ease of shipping and storage.
Regarding Claim 2, Nordstroem discloses the pleats are disposed circumferentially such that each pleat is parallel to the axis of the tubular film (Figure 4).
Regarding Claim 3, Nordstroem discloses each pleat comprises an approximately equal length of the tubular film (Figure 4).
Regarding Claim 4, Nordstroem discloses one end of the tubular film protrudes from the concentric pleats such that it may be pulled to axially expand the pleats (Figures 1 and 4).
Regarding Claims 6 and 8, Nordstroem teaches all the limitations substantially as claimed except for the depth of the stacked concentric pleats in the flattened package is between 45 mm and 55 mm thick; wherein each pleat is between 70 mm and 80 mm in the axial direction of the tubular film; or wherein the length of the flattened package is between 261 mm and 267 mm and the tubular film is between 0.005 mm and 0.02 mm thick. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the above since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. MPEP2144.05(III)(C).
Regarding Claim 7, Shinohara et al. teaches the tubular film is formed from a plastic or bioplastic (paragraph 11).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nordstroem (EP1283170) in view of Shinohara et al. (JPH11100014) and Ohnishi et al. (EP2295344).
Regarding Claim 15, Nordstroem and Shinohara et al. disclose the refill structure required while Ohnishi et al. teaches a method of refilling a waste storage cassette, the waste storage cassette comprising an inner wall defining a substantially tubular core (Figure 2), an outer wall and a storage section provided between the inner wall and the outer wall (Figure 4), the method comprising: inserting a waste storage refill into the storage section such that the concentric pleats of the tubular film surround the tubular core (figure 2, paragraph 34-35), wherein the step of inserting the waste storage refill includes opening the flattened package such that the concentric pleats form a ring (Figure 4 and 5 of Nordstroem).
Regarding Claim 16, Nordstroem and Shinohara et al. teach all the limitations substantially as claimed except for the waste storage cassette further comprises a flange detachably coupled to an upper edge of the outer wall and extending radially inward to at least partly cover the storage section, the method further comprising detaching the flange from the outer wall prior to inserting the waste storage refill into the storage section, and replacing the flange afterwards. However, Ohnishi et al. teaches a flange 29 (Figure 2) detachably coupled to an upper edge of the outer wall and extending radially inward to at least partly cover the storage section (Figure 2), the method further comprising detaching the flange from the outer wall prior to inserting the waste storage refill into the storage section, and replacing the flange afterwards (figure 2, paragraph 44). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nordstroem and Shinohara et al. to include the above, as taught by Ohnishi et al., in order to help cover and protect the film.
Regarding Claim 17, Ohnishi et al. teaches pulling an end of the tubular film from the storage section, passing the end of the tubular film through the tubular core and knotting the end of the tubular film (paragraph 64).
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 6-8 and 15-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm 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, NATHAN JENNESS can be reached at (571)270-5055. 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.
/ELIZABETH J VOLZ/Examiner, Art Unit 3733
Prosecution Insights