DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
All previous objections have been overcome.
Applicant's arguments filed 9/22/2025 in response to Office Action 4/24/2025 have been fully considered but they are not persuasive for at least the following reason:
Applicant’s arguments 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.
Claim Objections
Claims 1 and 22 are objected to because of the following informalities. Appropriate correction is required.
Regarding claim 1, line 5 “said first said wall” should read “said first side wall”.
Regarding claim 22, “folding lines” should read “fold lines”.
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.
Claims 18 and 23 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 18, “said holding element comprises an edge of a slot defined in said first side wall” contradicts the parent claim 17 “a holding element defined solely by the sheet material of the second side wall”. Since the same single holding element cannot be both “solely” in the second sidewall and “defined in” the first side wall, the claim is rendered indefinite. Examiner interprets “first side wall” as “second side wall”.
Regarding claim 23, “said first folding line” lacks antecedent basis. Parent claim recites only “fold lines”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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 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 1, 4-8, 10-15, 17-21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat 5193740 issued to Newborough (hereinafter “Newborough”) in view of JP 2001286517 by Atsushi (hereinafter “Atsushi”).
Regarding claim 1, Newborough teaches a waste container (Title, Fig 9, “container for used medical materials” wherein used materials means waste), comprising:
a foldable sheet provided with a plurality of folding lines, which, when folded to define the waste container (col 3, line 46, “FIG. 9 shows the container erectable from the blank” because the blank has folding lines), comprises:
a bottom (Figs 8-9, bottom is of panels 142,132,137a-b,138a-b);
side walls (Figs 8-9, 130,140,131,133), including first and second opposite side walls (Figs 8-9, a first sidewall is 130 and is opposite a second sidewall 140), said first side wall having an upper edge defined by a first of said folding lines (Figs 8-9, an upper edge first folding line of 130 is shown between 130 and 134);
a waste container inlet mouth (Figs 8-9, an inlet mouth is an opening of zone 121 like in Fig 7 which becomes an opening for used material into the container);
a lid having an edge defined by at least one of said folding lines (Figs 8-9, a lid is at least panel 134 with 141, shown with one edge defined by the first folding line); wherein
the waste container inlet mouth is configured and sized for introduction therethrough of paper, packaging and food waste into the waste container, the inlet mouth being defined through at least one of said side walls (Figs 8-9, said inlet mouth is shown through at least one sidewall 130, and is necessarily capable of introduction therethrough of paper, packaging and food waste),
But Newborough does not explicitly teach that a first holding element in a sidewall.
Atsushi, however, teaches a similar sheet-folded waste container comprising:
a first holding element defined solely by said material of one of said side walls and configured and positioned to releasably hold a garbage bag suspended therefrom in said waste container (Figs 1 & 3, a first holding element is first locking portion 25 that is shown releasably holding (on Fig 1, off Fig 3) and suspending a garbage/waste storage bag 2), said first holding element comprising an edge of a flange, slot or cut defined through the material of one of said side walls (Figs 1 & 3 show 25 as a protruding flange; Fig 2 shows 25 as a slot cut through with 24; wherein the holding element is shown solely defined by the material of one second sidewall 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one second sidewall 140 of Newborough to have a first holding element defined through and by its own material as taught by Atsushi in order to beneficially further protect the inside of the container from liquids, toxic chemicals, sharper objects and odor permeation.
The resultant combination yields the claimed invention via the first holding element of Atsushi placed proximal the edge between panels 140 and 141 of Newborough Figures 8-9 solely in the side wall.
Regarding claim 4, Newborough/Atsushi further teaches the first holding element (Atsushi, Fig 1, 25) is arranged at a height above said bottom and equal to or greater than a height of a lower edge of the inlet mouth (Newborough, Figs 8-9, inlet mouth opening of zone 121; the combination places the element proximal the edge between panels 140 and 141, necessarily meaning and showing that the element is arranged at a height greater than an inlet mouth of 121 lower edge height). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 5, Newborough/Atsushi further teaches the inlet mouth is defined through the first side wall (Newborough, Figs 8-9, mouth of 121 is defined through first sidewall 130), wherein said first holding element is defined in said second side wall (Atsushi, Fig 1, 25 defined by/in the material of one second sidewall 10), and a second holding element for holding the bag located on the first side wall (Newborough, Figs 8-9 (informed using labels of Fig 7), a second holding element that is for/capable of holding the bag is a flange zone 121 on the first sidewall 130 hinged by edge hinge 123), said second holding element defined solely by said material of said first side wall (Newborough, Fig 8 shows the flange of zone 121 solely defined by the material of 130 (i.e. since it breaks away to form the opening of zone 121, the only attachment is the hinge 123 meaning the flange sole definition is directly only by 130)) and configured and positioned to hold the bag in said waste container, said second holding element comprising an edge of a flange, slot or cut defined through the material of said first side wall (Newborough, Figs 8-9, the flange of 121 is configured and positioned to/capable of holding the bag while the bag is in the container, and being a flange has an edge of a flange shown in 130). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 6, Newborough further teaches the lid (Figs 8-9, the lid is at least panel 134 with 141) comprises two engageable flaps (Fig 9, 134 and 141 are shown as flaps that engage each other).
Regarding claim 7, Newborough further teaches the inlet mouth (Figs 8-9, opening mouth of 121) extends into and is part of at least one of the engageable flaps (Fig 9, opening mouth of 121 is shown extending into part of one engageable flap 134).
Regarding claim 8, Newborough further teaches the lid further comprises two reinforcing flaps arrangeable underneath the engageable flaps (Fig 8 shows reinforcing flap webs 135 and 136 are underneath the engageable flaps 134 and 141 when said flaps engage, Fig 9).
Regarding claim 10, Newborough/Atsushi further teaches the first holding element is defined on the second side wall (Atsushi, Fig 1, 25 defined by the material of one second sidewall 10) by at least one slot and a flange of said material extending from an edge of said one slot (Atsushi, Fig 1, 25 with 24, is shown as a flange 25 with a slot since 24 is a “locking hole”). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 11, Newborough/Atsushi further teaches the first holding element is defined on a second side wall (Atsushi, Fig 1, 25 defined by/on the material of one second sidewall 10) by a projection that protrudes through an upper part of the second side wall (Atsushi, Fig 2, 25 is shown as a protruding flange through an upper part of the second sidewall) or is located on a lower edge of an opening located on the second side wall. See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 12, Newborough/Atsushi further teaches the first holding element (Atsushi, Fig 1, 25 defined by/on the material of one second sidewall 10) is defined by two or more edges of the foldable sheet that are in contact with or next to each other (Atsushi, Fig 2, 25 shown defined by its two edges shown next to each other (i.e. proximal each other)). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 13, Newborough further teaches the side walls further include third and fourth side walls arranged opposite to each other (Fig 8, third and fourth sidewall 131 and 133 are opposite each other),
But Newborough does not explicitly teach stacking projections.
Atsushi, however, teaches a waste container further comprising first and second stacking projections that respectively extend from the third and fourth side walls (Fig 3, a first and a second projection extending from a third and a fourth wall are grip portions 8, wherein the projections allow/are capable of stacking containers because “when the containers 1 containing waste are stacked and stored, the container body 3 is not crushed and the storage bag 2 can be safely stored”, page 5, section 6)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the third and fourth sidewall of Newborough to have stacking projections as taught by Atsushi in order to beneficially increase ease of carrying the container with grip portion projections that also allow container stacking.
Regarding claim 14, Newborough further teaches the foldable sheet comprises a joining flap on one of the side walls to join together two of the side walls (Fig 8, a joining flap is 143 used to join two sidewalls 140 and 131 together, Fig 9).
Regarding claim 15, Newborough further teaches the bottom (Fig 8, bottom is of panels 142,132,137a-b,138a-b) comprises: a first sector provided with an oblique folding line defining a first joining zone; a second sector attached to the first sector in the first joining zone (Fig 8, a first sector is 132 with 137b to which a second sector being 142 is “glued” in a first joining zone of 132 defined by an oblique line of 137a (pointed to by label 137), col 7, lines 12-13); a third sector provided with an oblique folding line defining a second joining zone; and a fourth sector connected to the third sector in the second joining zone (Fig 8, a third sector is 138a with an oblique line of 138a (pointed to by label 138) that itself defines a second joining zone to which a fourth sector 138b is shown connected; or panel portion web 138a adhered to 138b via “the panels… secured to other of the panels with… an adhesive”, col 5, lines 13-14).
Regarding claim 17, Newborough teaches a waste container (Title, Fig 9, “container for used medical materials” wherein used materials means waste), comprising:
a foldable sheet of disposable sheet material provided with a plurality of fold lines, which sheet, when folded to define the waste container (col 3, line 46, “FIG. 9 shows the container erectable from the blank” because the blank has folding lines), comprises:
a container bottom (Figs 8-9, bottom is of panels 142,132,137a-b,138a-b);
at least first and second opposite side walls extending upward from the container bottom (Figs 8-9, a first sidewall is 130 and is opposite a second sidewall 140, extend upward from the bottom, Fig 9);
a waste container inlet mouth (Figs 8-9, an inlet mouth is an opening of zone 121 like in Fig 7 which becomes an opening for used material into the container);
a lid comprising the upper end of the waste container (Figs 8-9, a lid is at least upper end panel 134 with 141, shown defined by an upper edge first folding line of 130 shown between 130 and 134);
the waste container inlet mouth comprising an opening in the first side wall for introduction of waste into the waste container and supported bag, said opening being configured and having sufficient size to permit passage therethrough of paper, packaging and food waste and a garbage bag (Figs 8-9, said inlet mouth is shown through/in first sidewall 130, and is necessarily capable of introduction therethrough of paper, packaging, food waste and a garbage bag).
But Newborough does not explicitly teach that a holding element in a sidewall.
Atsushi, however, teaches a similar sheet-folded waste container comprising:
a holding element defined solely by the sheet material of the second side wall and configured and positioned to releasably engage and suspend a garbage bag therefrom in said waste container (Figs 1 & 3, a first holding element is first locking portion 25 that is shown releasably (on Fig 1, off Fig 3) holding and suspending a garbage/waste storage bag 2), said holding element comprising an edge of a slot defined in or a cut through the sheet material of the second side wall (Figs 1 & 3 show 25 as a protruding flange shown vertically spaced from and below lid 7; Fig 2 shows 25 as a slot cut through with 24; wherein the holding element is shown solely defined by the material of one second sidewall 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one second sidewall 140 of Newborough to have a first holding element defined through and by its own material as taught by Atsushi in order to beneficially further protect the inside of the container from liquids, toxic chemicals, sharper objects and odor permeation.
The resultant combination yields the claimed invention via the first holding element of Atsushi placed proximal the edge between panels 140 and 141 of Newborough Figures 8-9 solely in the side wall.
Regarding claim 18, Newborough/Atsushi further teaches said holding element comprises an edge of a slot defined in (Atsushi, Fig 2 shows 25 as a slot cut through with 24 (i.e. edge also formed since slots have edges)) said first side wall (interpreted as “second side wall” see 35 USC 112 rejection above), and wherein said slot has first and second ends from which respective fold lines extend in said sheet (Newborough, Fig 8, in this sheet, the holding element slot is placed (see combination result) in the fold line between 140 and 141 meaning the fold line is split into two fold lines) to third and fourth side walls, respectively, of said waste container (Newborough, Fig 9, when the lines are folded so the sidewalls form a container, the two fold lines extend: one to a third sidewall 131 and one to a fourth sidewall 133). See details in the parent claim 17 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 19, Newborough/Atsushi further teaches said holding element comprises two abutting edges configured to pinch the supported bag therebetween (Atsushi, Fig 2 shows 25 as a slot cut through with 24, thereby defining two abutting edges as shown, and necessarily configured to/capable of pinching the bag, Fig 1). See details in the parent claim 17 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 20, Newborough/Atsushi further teaches the first and second side walls are disposed opposite one another (Newborough, Figs 8-9, first sidewall 130 is opposite second sidewall 140), and wherein the holding element is located vertically spaced from and below said lid (Atsushi, Figs 1 & 3 & 5 show 25 as a protruding flange vertically spaced from and below lid 7). See details in the parent claim 17 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 21, Newborough further teaches said inlet mouth (Figs 8-9, inlet mouth opening of zone 121) resides primarily in a plane substantially perpendicular to said lid (Fig 9, the mouth is shown primarily residing in a plane (e.g. first sidewall) substantially perpendicular to the box’s lid).
Regarding claim 23, Newborough further teaches the inlet mouth is located (Figs 8-9, inlet mouth opening of zone 121) in said first side wall (130) and said lid (134) and overlaps said first folding line (Fig 9, first folding line of 130 shown between 130 and 134; said mouth shown in 130 and in 134 and overlaps said line).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US Pat 5193740 issued to Newborough (hereinafter “Newborough”) in view of JP 2001286517 by Atsushi (hereinafter “Atsushi”) in view of US Pub 20050145687 by Conway (hereinafter “Conway”).
Regarding claim 16, Newborough further teaches the foldable sheet comprises a corrugated material with a plurality of channels parallel to each other (Fig 1, corrugated material shown fluted/with channels parallel to each other),
But Newborough/Atsushi does not explicitly teach a particular channel orientation within the sidewalls.
Conway, however, teaches a similarly foldable container comprising:
channels being arranged vertically or obliquely on the side walls when the bottom is disposed on a horizontal surface ([0008] “the flutes[/channels] of the corrugated material are typically arranged to extend vertically”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the fluting/channels direction of Newborough because Applicant has not disclosed that “vertically or obliquely” provides a specific advantage, is used for a particular purpose, or solves an explicit problem. One of ordinary skill in the art, furthermore, would have expected Applicant's invention to perform equally well with the rearrangement because the functions of forming a container of the sidewalls and being able to stack containers remains. Therefore, it would have been an obvious matter of design choice to modify the channels arrangement to obtain the invention as claimed. MPEP 2144.04 VI-C.
Claims 1, 9, 17 and 22 (for Applicant’s mutually exclusive second embodiment Fig 7) are rejected under 35 U.S.C. 103 as being unpatentable over US Pat 5193740 issued to Newborough (hereinafter “Newborough”; using a different embodiment than above) in view of JP 2001286517 by Atsushi (hereinafter “Atsushi”).
Regarding claim 1, Newborough teaches a waste container (Title, Fig 5, “container for used medical materials” wherein used materials means waste), comprising:
a foldable sheet provided with a plurality of folding lines, which, when folded to define the waste container (col 3, lines 39-41, “FIG. 5 shows a container erectable from the blank of FIG. 2 or the blanks of FIGS. 3 and 4” because the blank has folding lines), comprises:
a bottom (Fig 5, 60);
side walls (Fig 5, 52, 54, 56, 58), including first and second opposite side walls (Fig 5, a first sidewall is front 56 and is opposite a second sidewall rear 58), said first wall having an upper edge defined by a first of said folding lines (Fig 5, an upper edge first folding line of 56 is shown between a top 62 and 56);
a waste container inlet mouth (Fig 2, an inlet mouth is an opening of area 25; “25 whereby access to the interior of the container is possible”, col 4, lines 11-12 (i.e. for waste));
a lid having an edge defined by said first folding line (Fig 5, a lid is top wall 62, shown with one edge defined by the first folding line); wherein
the waste container inlet mouth is configured and sized for introduction therethrough of paper, packaging and food waste into the waste container, the inlet mouth being defined through at least one of said side walls (Figs 2 & 5, said inlet mouth is shown through at least one sidewall 24, and is necessarily capable of introduction therethrough of paper, packaging and food waste),
But Newborough does not explicitly teach that a first holding element in a sidewall.
Atsushi, however, teaches a similar sheet-folded waste container comprising:
a first holding element defined solely by said material of one of said side walls and configured and positioned to releasably hold a garbage bag suspended therefrom in said waste container (Figs 1 & 3, a first holding element is first locking portion 25 that is shown releasably holding (on Fig 1, off Fig 3) and suspending a garbage/waste storage bag 2), said first holding element comprising an edge of a flange, slot or cut defined through the material of one of said side walls (Figs 1 & 3 show 25 as a protruding flange; Fig 2 shows 25 as a slot cut through with 24; wherein the holding element is shown solely defined by the material of one second sidewall 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one second sidewall of Newborough to have a first holding element defined through and by its own material as taught by Atsushi in order to beneficially further protect the inside of the container from liquids, toxic chemicals, sharper objects and odor permeation.
The resultant combination yields the claimed invention via the first holding element of Atsushi placed in rear wall 58 – which is only rear panel 26 – and proximal the edge between 58 and lid/top wall 62 of Newborough Figures 2 & 5.
Regarding claim 9, Newborough further teaches the inlet mouth is located entirely in said first side wall and below said lid (Fig 2, waste inlet mouth opening of 25 is shown entirely through/in first side wall 56, Fig 5, and shown below the lid).
Regarding claim 17, Newborough teaches a waste container (Title, Fig 5, “container for used medical materials” wherein used materials means waste), comprising:
a foldable sheet of disposable sheet material provided with a plurality of fold lines, which sheet, when folded to define the waste container (col 3, lines 39-41, “FIG. 5 shows a container erectable from the blank of FIG. 2 or the blanks of FIGS. 3 and 4” because the blank has folding lines), comprises:
a container bottom (Fig 5, 60);
at least first and second opposite side walls extending upward from the container bottom (Fig 5, a first sidewall is front wall 56 and is opposite a second sidewall rear wall 58, extend upward from the bottom);
a waste container inlet mouth (Fig 2, an inlet mouth is an opening of area 25; “25 whereby access to the interior of the container is possible”, col 4, lines 11-12 (i.e. for waste));
a lid comprising the upper end of the waste container (Fig 5, a lid is top wall 62, shown with one edge defined by the first folding line);
the waste container inlet mouth comprising an opening in the first side wall for introduction of waste into the waste container and supported bag, said opening being configured and having sufficient size to permit passage therethrough of paper, packaging and food waste and a garbage bag (Figs 2 & 5, said inlet mouth is shown through at least one sidewall 24, and is necessarily capable of introduction therethrough of paper, packaging, food waste and a garbage bag).
But Newborough does not explicitly teach that a holding element in a sidewall.
Atsushi, however, teaches a similar sheet-folded waste container comprising:
a holding element defined solely by the sheet material of the second side wall and configured and positioned to releasably engage and suspend a garbage bag therefrom in said waste container (Figs 1 & 3, a first holding element is first locking portion 25 that is shown releasably (on Fig 1, off Fig 3) holding and suspending a garbage/waste storage bag 2), said holding element comprising an edge of a slot defined in or a cut through the sheet material of the second sidewall (Figs 1 & 3 show 25 as a protruding flange shown vertically spaced from and below lid 7; Fig 2 shows 25 as a slot cut through with 24; wherein the holding element is shown solely defined by the material of one second sidewall 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one second sidewall of Newborough to have a first holding element defined through and by its own material as taught by Atsushi in order to beneficially further protect the inside of the container from liquids, toxic chemicals, sharper objects and odor permeation.
The resultant combination yields the claimed invention via the holding element of Atsushi placed in rear wall 58 – which is only rear panel 26 – and proximal the edge between 58 and lid/top wall 62 of Newborough Figures 2 & 5.
Regarding claim 22, Newborough further teaches the inlet mouth is located entirely in said first side wall and does not overlap any of said folding lines (Fig 2, waste inlet mouth opening of 25 is entirely through/in first side wall 56, Fig 5, and does not overlap a folding line it abuts with panel 40’, nor overlaps any remaining folding lines, Fig 2).
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 ERIC C BALDRIGHI whose telephone number is (571)272-4948. The examiner can normally be reached M-F 7:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached on 5712705055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC C BALDRIGHI/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733