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 .
Response to Amendment
The amendment filed 26 November 2025 has been entered. Claim(s) 1-20 remain pending in the application with claims 13-16 being withdrawn. Applicant’s amendments to the claims have overcome each and every objection to the claims, and each and every rejection under 35 U.S.C. 112(b) previously set forth in the Office Action mailed 08 September 2025.
Claim Objections
Claim 3 is objected to because of the following informalities: "Claim 1, the first" should be "Claim 1, wherein the first" or similar. Appropriate correction is required.
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 1-12 are 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.
Claim 1 recites the limitations “the nonfolding portion is configurable by a user into a collapsed configuration and into an expanded configuration” and “the nonfolding portion includes first, second, and third sidewall segments…a first living hinge…” in lines 11-17 of the claim. It is not clear how a portion which is nonfolding also includes living hinges and can be configurable into a collapsed and expanded configuration. The limitations are currently interpreted as referring to the folding portion of the endless sidewall.
Claim 4 is currently presented as a duplicate of claim 3. The claim is currently treated as the version of the most recent claim set dated 25 April 2025: “The urine collection cup of Claim 3, wherein the folding portion and the nonfolding portion are molded of different polymeric materials, the nonfolding portion having a bottom margin joined to the top margin of the folding portion, one of the top margin of the folding portion and the bottom margin of the nonfolding portion having a groove, the other of the top margin of the folding portion and the bottom margin of the nonfolding portion having a tongue which fits within the groove.”
Claims 2-12 are additionally rejected as indefinite due to their dependence on claim 1 which has been rejected as indefinite.
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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mussehl (US 20230175878 A1) in view of Tsui (US 20150251795 A1), further in view of Balmes (US 20160368664 A1).
Regarding claim 1, Mussehl teaches a collection cup (Reversible and expandable measuring device 10C including ring 50c, expandable member 30a, and handle 40b) comprising:
a bottom wall radially outwardly extending from a vertical axis to a peripheral edge (Bottom wall of expandable member 30a extending radially outward from a central vertical axis to a peripheral edge as seen in Fig. 6);
an endless sidewall comprising a folding portion (Expandable member 30a) and a nonfolding portion (Ring 50 including second and 404, Fig. 4B),
the folding portion upwardly extending from a junction with the bottom wall to a folding portion top margin (Portion shown in Fig. 5, including the lowermost portion 510) and extending around the axis (Assembly of expandable member 30a and ring 50, which extends upwardly from a bottom wall),
the nonfolding portion upwardly extending from the folding portion top margin to a top rim of the sidewall (Fig. 4B—ring 50 extends to an upward rim top end 406),
the folding portion and the nonfolding portion being molded of different materials (Paragraph 0113-- the expandable member 30a may be constructed of a flexible material, such as silicone material 512. While silicone material 512 is not strictly necessary, a flexible and food-safe material is recommended for kitchen utensils such as those described in the present disclosure; paragraph 0134-- The removable handle 40 and ring 50 may permit the expandable member 30 to be fully “squeezed” without the intrusion of a non-flexible component, permitting further contents expulsion through force by the user. Additionally, because the handle 40 and ring 50 may be cast separately from the expandable member 30, manufacturing and maintenance are simplified over the prior art. It is noted that the disclosure of the handle and ring being separable from the expandable member 30 so that no non-flexible component ‘intrudes’ on the squeezing of the expandable member indicates that these components are made of a different, non-flexible material); and
a handle (Handle 40b) extending from the nonfolding portion (Handle 40 b is hingedly connected to the ring 50, Fig. 4B), wherein:
the folding portion configurable by a user into a collapsed configuration (Fifth state 1002, Fig. 10) and into an expanded configuration (First state 602, Fig. 6);
the folding portion including first (Segment extending from the bottom wall to the third living hinge 606c), second (Segment extending from the third living hinge 606c to the second living hinge 606b) and third sidewall segments (The segment extending from the second living hinge 606b upward),
the first sidewall segment upwardly extending from the junction (see Fig. 6) to a first living hinge (third living hinge 606c),
the second sidewall segment upwardly extending from the first living hinge (third living hinge 606c) when the sidewall is in the expanded configuration to a second living hinge (second living hinge 606b),
the third sidewall segment upwardly extending from the second living hinge (second living hinge 606b),
the second sidewall segment, when the sidewall is in the collapsed configuration, downwardly extends from the first living hinge (third living hinge 606c) to the second living hinge (Segment extending from the third living hinge 606c to the second living hinge 606b may be seen to extend downwardly from the living hinge 606c to the living hinge 606b as shown in Fig.10).
However, Mussehl fails to explicitly disclose the junction radially inwardly displaced from the peripheral edge to thereby define an outer flange of the bottom wall radially outwardly extending from the junction to the peripheral edge, wherein the outer flange is adapted to be grasped by the user to downwardly pull the bottom wall and reconfigure the sidewall from the collapsed configuration to the expanded configuration.
Tsui, in the same field of endeavor of collapsible containers, discloses a container (Bottle 122) including a bottom wall (bottom surface of the bottle 124, unlabeled) radially outwardly extending from a vertical axis to a peripheral edge (The bottom surface extends radially outwardly from a central vertical axis and has an outer edge, see Fig. 33 for bottom view);
an endless sidewall upwardly extending (Body potion 124) from a junction with the bottom wall and extending around the axis (The body portion 124 extends from a junction with the unlabeled, bottom surface),
the junction radially inwardly displaced from the peripheral edge to thereby define an outer flange of the bottom wall radially outwardly extending from the junction to the peripheral edge (See Fig. 31, the junction from which the lower portion 128 of the sidewall extends is displaced radially inwardly from the peripheral edge of the bottom wall, creating an outer flange which extends from the junction to the peripheral edge);
the outer flange is adapted to be grasped by the user to downwardly pull the bottom wall and reconfigure the sidewall from the collapsed configuration to the expanded configuration (See Figs. 31-32 demonstrating the collapsed and expanded configurations, where the outer flange as described extends radially outwardly relative to the rest of the sidewall and is capable of being grasped to extend the sidewall from the collapsed position of Fig. 32 to the expanded position of Fig. 31; paragraph 0065—a rigid bottom tier 128).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Mussehl to include an outer flange as described by Tsui in order to predictably improve the operability and ease of use of the device by providing a graspable part for transitioning the device from the collapsed position to the expanded position by grasping an exterior bottom portion of the device, which may be preferred to pressing down on an interior bottom portion of the device which could cause potential contamination of the interior and thus of any collected sample.
The combination of Mussehl and Tsui fails to disclose the handle extending from an upper edge of the nonfolding portion.
Balmes, in the same field of endeavor of a collapsible container (Abstract), discloses a cup including an endless sidewall having a folding portion (foldable wall 11) and a nonfolding portion (rim 17), wherein a handle (handle 13) extends from an upper edge of the nonfolding portion (Paragraph 0012—handle 13 that is pivotably attached to the rim 17; Figs. 1-2). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the cup of Mussehl and Tsui so that the handle extends from an upper edge of the nonfolding portion as shown by Balmes in order to predictably reduce the profile of the cup in the collapsed configuration to improve portability and minimize accidentally contact with the handle which could cause unintended extension of the handle.
Regarding claim 2, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 1. Mussehl additionally discloses wherein the third sidewall segment (segment between second living hinge 606b and first living hinge 606a) upwardly extends to a third living hinge (first living hinge 606a), the cup further comprising:
a fourth sidewall segment upwardly extending from the third living hinge (Segment extending upwardly from the first living hinge 606a) when the sidewall is in the expanded configuration to a fourth living hinge (Fourth living hinge unlabeled but visible below the lowermost portion 510 of Fig. 5-6, 10), and a fifth sidewall segment upwardly extending from the fourth living hinge (Portion of assembly which extends upwardly from fourth living hinge unlabeled but visible below the lowermost portion 510 of Fig. 5-6, 10); wherein
the fourth sidewall segment (Segment extending upwardly from the first living hinge 606a), when the sidewall is in the collapsed configuration, downwardly extends (See Fig. 10) from the third living hinge (first living hinge 606a) to the fourth living hinge (Fourth living hinge unlabeled but visible below the lowermost portion 510 of Fig. 5-6, 10).
Regarding claim 3, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 1. Mussehl additionally discloses the first, second and third sidewall segments and the first and second living hinges being portions of the folding portion (Folding portion of expandable member 30a includes these portions, see Fig. 6-10).
Regarding claim 4, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 1. Mussehl additionally discloses wherein the folding portion and the nonfolding portion are molded of different materials (Paragraph 0113-- the expandable member 30a may be constructed of a flexible material, such as silicone material 512. While silicone material 512 is not strictly necessary, a flexible and food-safe material is recommended for kitchen utensils such as those described in the present disclosure; paragraph 0134-- The removable handle 40 and ring 50 may permit the expandable member 30 to be fully “squeezed” without the intrusion of a non-flexible component, permitting further contents expulsion through force by the user. Additionally, because the handle 40 and ring 50 may be cast separately from the expandable member 30, manufacturing and maintenance are simplified over the prior art. It is noted that the disclosure of the handle and ring being separable from the expandable member 30 so that no non-flexible component ‘intrudes’ on the squeezing of the expandable member indicates that these components are made of a different, non-flexible material),
the nonfolding portion having a bottom margin (Bottom end 408 of the sidewall 410 of ring 50) joined to the top margin (Lower lip 506) of the folding portion (Fig. 3, 5 the ring 50 is joined to the lowermost portion 510 via the lower lip 506),
one of the top margin of the folding portion and the bottom margin of the nonfolding portion having a groove (Groove formed between lower lip 506 and channel 502),
the other of the top margin of the folding portion and the bottom margin of the nonfolding portion having a tongue which fits within the groove (Tongue formed by the bottom margin of the nonfolding portion 408 which fits into the groove formed between the lower lip 506 and the channel 502, Figs. 3-5).
However, Mussehl fails to disclose the folding portion and the nonfolding portion are molded of different polymeric materials.
Tsui, in the same field of endeavor of collapsible containers, discloses a container including a folding portion and a nonfolding portion, wherein the folding portion and the nonfolding portion are molded of different polymeric materials (Paragraph 0007-- the middle tier is composed of a polypropylene, metal, or nylon material, and the flexible tiers are composed of a silicone material or a thermoplastic elastomer. For example, flexible thermoplastic elastomer tiers may be connected to the rigid middle tier by overmolding. Optionally, and particularly in the case of a metal or nylon rigid tier, the connection between the rigid tier and an adjacent flexible tier (for example made of silicone) may be strengthened by adhesive material disposed in adhesive contact with a surface of the middle tier and an adjacent surface of the flexible tier; paragraph 0069-- Household containers according to the invention may be constructed of any suitable materials that impart relative stiffness or rigidity to the top tier, middle tier, and bottom tier; and relative flexibility to the flexible tiers, while permitting the tiers to be durably attached to their neighboring tiers. For example, the top tier, bottom tier, and/or middle tier may be composed of polypropylene, the flexible tiers being a thermoplastic elastomer overmolded onto the polypropylene…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of Mussehl, having a nonfolding portion and a folding portion, to utilize different polymeric materials for each of these portions as disclosed by Tsui in order to provide different rigidity/flexibility to these portions to enable easier folding of the folding parts and strength to the nonfolding parts, wherein the particular materials of Tsui are known in the art to provide flexibility or rigidity and thus may be simply substituted for the nondisclosed material of the nonfolding portion of Mussehl and for the flexible silicone of the folding portion of Mussehl.
Regarding claim 5, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 1. However, Mussehl fails to disclose wherein the folding portion is molded of a thermoplastic elastomer.
Tsui discloses wherein the folding portion is molded of a thermoplastic elastomer (Paragraph 0007-- the middle tier is composed of a polypropylene, metal, or nylon material, and the flexible tiers are composed of a silicone material or a thermoplastic elastomer. For example, flexible thermoplastic elastomer tiers may be connected to the rigid middle tier by overmolding. Optionally, and particularly in the case of a metal or nylon rigid tier, the connection between the rigid tier and an adjacent flexible tier (for example made of silicone) may be strengthened by adhesive material disposed in adhesive contact with a surface of the middle tier and an adjacent surface of the flexible tier; paragraph 0069-- Household containers according to the invention may be constructed of any suitable materials that impart relative stiffness or rigidity to the top tier, middle tier, and bottom tier; and relative flexibility to the flexible tiers, while permitting the tiers to be durably attached to their neighboring tiers. For example, the top tier, bottom tier, and/or middle tier may be composed of polypropylene, the flexible tiers being a thermoplastic elastomer overmolded onto the polypropylene…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of Mussehl, having a nonfolding portion and a folding portion, to utilize different polymeric materials for each of these portions as disclosed by Tsui in order to provide different rigidity/flexibility to these portions to enable easier folding of the folding parts and strength to the nonfolding parts, wherein the particular materials of Tsui are known in the art to provide flexibility or rigidity and thus may be simply substituted for the nondisclosed material of the nonfolding portion of Mussehl and for the flexible silicone of the folding portion of Mussehl.
Regarding claim 6, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 3. Mussehl additionally discloses the handle extends from a hinged end disposed at the nonfolding portion of the sidewall (Hinged end occurs at the unlabeled hinge, adjacent to the second end 404) to a free end (First end 402), the handle configurable to a use position in which the handle outwardly extends from the sidewall relative to the axis (Fig. 4B—the handle extends outwardly from the sidewall relative to the central axis), the handle further configurable to a storage position in which the free end of the handle is disposed radially inwardly from the sidewall (Opening the hinge of Fig. 4B would move the handle to a storage position where the free end may be disposed radially inwardly from the sidewall; paragraph 0105, 0109--Shown but not labeled on the handle 40b is a hinge to permit the handle 40b to fold upon itself, diminishing the footprint of the reversible and expandable measuring device for storage…).
Balmes additionally discloses the handle extends from a hinged end disposed at the nonfolding portion of the sidewall (Paragraph 0012; Hinge 14 of handle 13 is disposed at the rim 17) to a free end (A free end of handle 13 is opposite the hinged end 14), the handle configurable to a use position in which the handle outwardly extends from the sidewall relative to the axis (Paragraph 0012-- In the extended position, the handle 13 extends generally perpendicularly from the rim 17, away from the center point of the opening defined by the rim 17; Fig. 1), the handle further configurable to a storage position in which the free end of the handle is disposed radially inwardly from the sidewall (Paragraph 0012-- When the present container is in its collapsed configuration, the handle 13 is configured to rest across the edges of the collapsed wall sections 31; Fig. 2).
Regarding claim 7, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 6. Mussehl additionally discloses wherein the handle (40b) outwardly rotates from the storage position to the use position (See Fig. 4B, according to the position of the hinge the handle would rotate outwardly to unfold from the storage position to the use position), a stop of the handle (See portion of handle 40B which is opposite the hinge) abutting the nonfolding portion of the sidewall (Second end 404) in the use position to thereby provide a limit to the outward rotation of the handle (See Fig. 4B, the second end 404 attached to the ring 50 would prevent outward rotation of the handle 40b past a limit) and permit the support in space by the handle of the sidewall and of the bottom wall (See Fig. 3 and 4B).
Regarding claim 8, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 1. Mussehl additionally discloses wherein the sidewall upwardly extends to a top rim (See extending upwardly to a top rim, Fig. 3), the urine collection cup further comprising an elongate handle (Handle 40b) extending from a hinged end (Hinged end occurs at the unlabeled hinge, adjacent to the second end 404) to a free end (First end 402), the hinged end hingedly connected to the endless sidewall near the top rim (See Fig. 3 and 4B), the handle configurable to a use position in which the handle outwardly extends away from the axis (See use position in Fig. 3 and 4B wherein the handle outwardly extends away from the axis) and to a storage position in which the free end of the handle is disposed radially inwardly from the top rim (Opening the hinge of Fig. 3, 4B would move the handle to a storage position where the free end may be disposed radially inwardly from the sidewall; paragraph 0105, 0109--Shown but not labeled on the handle 40b is a hinge to permit the handle 40b to fold upon itself, diminishing the footprint of the reversible and expandable measuring device for storage…).
Regarding claim 9, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 8. Mussehl additionally discloses wherein when the handle is in the use configuration, the handle extends upwardly from the top rim of the sidewall (See use position in Fig. 3 and 4B wherein the handle extends upwardly from the top rim of the sidewall).
Regarding claim 10, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 8. Mussehl additionally discloses wherein the handle outwardly rotates from the storage position to the use position (See Fig. 4B, according to the position of the hinge the handle would rotate outwardly to unfold from the storage position to the use position), the sidewall having a substantially vertical outward rotation stop surface (See the portion indicated by second end 404), a stop of the handle abutting the outward rotation stop surface of the sidewall when the handle is in the use position, thereby preventing further outward rotation of the handle and permitting the handle to suspend the sidewall and the bottom wall in space. (See Fig. 4B, the second end 404 attached to the ring 50 would prevent outward rotation of the handle 40b past a limit and allow the handle to suspend the assembly).
Regarding claim 11, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 10. Mussehl discloses the urine collection cup having a handle which folds toward a top, radially inward portion of the cup in a collapsed storage position (Opening the hinge of Fig. 3, 4B would move the handle to a storage position where the free end may be disposed radially inwardly from the sidewall; paragraph 0105, 0109--Shown but not labeled on the handle 40b is a hinge to permit the handle 40b to fold upon itself, diminishing the footprint of the reversible and expandable measuring device for storage…).
However, Mussehl fails to disclose wherein a handle groove is formed in the sidewall to downwardly extend from the sidewall top rim, the handle groove having a groove bottom downwardly displaced from the sidewall top rim, opposed left and right handle groove sides downwardly extending from the top rim of the sidewall to the groove bottom, the outward rotation stop surface extending from the left handle groove side to the right handle groove side.
Tsui, in the same field of endeavor of collapsible containers (Paragraph 0002-0004), discloses a collapsible cup (Cup 58) which includes a handle (Handle 74) wherein a handle groove is formed in the sidewall (Sidewall of tier 62) to downwardly extend from the sidewall top rim (See groove through which pin 76 extends, most visible in Fig. 15, where an upper edge of top tier 62 is considered to be the top rim) the handle groove having a groove bottom displaced from the sidewall top rim (See groove bottom labeled B in annotation of Fig. 15 below), opposed left and right handle groove sides downwardly extending from the top rim of the sidewall to the groove bottom (See left and right groove sides labeled L and R in annotation of Fig. 15 below), the outward rotation stop surface extending from the left handle groove side to the right handle groove side (See outward rotation stop surface labeled S in annotation of Fig. 15 below).
As Mussehl discloses a collapsible cup having a handle which extends from a sidewall top rim and is foldable inwardly toward a central axis of the device, wherein the sidewall includes a rotation stop surface to prevent further outward rotation of the handle, it would have been obvious to one having ordinary skill in the art of filing to modify the device of Mussehl to utilize a handle including a groove and a stop surface as disclosed by Fig. 15 of Tsui (wherein the top of tier 62 in the figure is analogous to the top rim of Mussehl) as a matter of simple substitution of one foldable handle and stop configuration for another to perform the same function.
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Regarding claim 12, the combination of Mussehl, Tsui, and Balmes teaches the urine collection cup of claim 11. Tsui additionally discloses wherein the outward rotation stop surface is an outwardly facing surface of a stop wall extending from the left handle groove side to the right handle groove side (See stop wall including an outwardly facing surface which serves as outward rotation stop surface labeled S in annotation of Fig. 15 above), the stop wall having a top surface disposed below the top rim of the sidewall (The top surface of “S” in the annotation of Fig. 15 above has a top surface below the top rim of sidewall 62), a second stop of the handle abutting the top surface of the stop wall when the handle is in the storage position (See second stop of handle labeled C, shown in the annotation of Fig. 13 below, which is upside down relative to Fig. 15, and in contact with the stop wall “S” as shown in the annotation of Fig. 15 above), the abutment of the second stop of the handle with the top surface of the stop wall preventing further inward rotation of the handle beyond the storage position (See annotated Figs. 13 below and 15 above, contact of the stop C of the handle with the stop wall S prevents further inward rotation).
It would have been obvious to one having ordinary skill in the art of filing to modify the device of Mussehl including an inwardly folding handle to utilize the particular details of the stop wall and the second stop surface as disclosed by Tsui in order to predictably improve the device by preventing the handle from over-rotating inward which could damage the device or cause the handle to become stuck in an improper position.
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Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mussehl in view of Desai (US 20140371628 A1), further in view of Balmes (US 20160368664 A1).
Regarding claim 17, Mussehl teaches a collapsible collection cup (Reversible and expandable measuring device 10C including ring 50c, expandable member 30a, and handle 40b) comprising:
a bottom ring extending outwardly from a vertical axis to a peripheral edge (Bottom wall of expandable member 30a extending radially outward from a central vertical axis to a peripheral edge as seen in Fig. 6);
a collapsable sidewall extending upwardly from a junction with the bottom ring, the sidewall including a group of sidewall segments (expandable member; collapsed configuration Fifth state 1002, Fig. 10 and expanded configuration First state 602, Fig. 6; sidewalls: Segment extending from the bottom wall to the third living hinge 606c, Segment extending from the third living hinge 606c to the second living hinge 606b, The segment extending from the second living hinge 606b upward, Segment extending upwardly from the first living hinge 606a, Portion of assembly which extends upwardly from fourth living hinge unlabeled but visible below the lowermost portion 510 of Fig. 5-6, 10);
and a non-collapsible rim (Rim 50) coupled to the sidewall (See Fig. 4B), the non-collapsible rim including a handle (Handle 40b).
However, Mussehl fails to disclose the non-collapsible rim coupled to the sidewall, the non-collapsible rim including a spout.
Desai, in the same field of endeavor of a cup for holding a liquid (Receiver 10, paragraph 0001, 0010), which includes a cup (10) comprising a rim (14) including a spout (20) and a handle (22).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of Mussehl to include a spout as disclosed by Desai in order to predictably improve the device by allow for directed removal of the contents from the cup via pouring (see Desai, paragraph 0011).
The combination of Mussehl and Desai fails to disclose the handle extending from an upper edge of the nonfolding portion.
Balmes, in the same field of endeavor of a collapsible container (Abstract), discloses a cup including an endless sidewall having a folding portion (foldable wall 11) and a nonfolding portion (rim 17), wherein a handle (handle 13) extends from an upper edge of the nonfolding portion (Paragraph 0012—handle 13 that is pivotably attached to the rim 17; Figs. 1-2). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the cup of Mussehl and Desai so that the handle extends from an upper edge of the nonfolding portion as shown by Balmes in order to predictably reduce the profile of the cup in the collapsed configuration to improve portability and minimize accidentally contact with the handle which could cause unintended extension of the handle.
Regarding claim 18, the combination of Mussehl, Desai, and Balmes teaches the urine collection cup of claim 17. Mussehl additionally discloses wherein each sidewall segment of the group of sidewall segments is connected to another sidewall segment of the group of sidewall segments via a respective living hinge of a group of living hinges (Living hinges 606a, 606b, 606c, and Fourth living hinge unlabeled but visible below the lowermost portion 510 of Fig. 5-6, 10 which connect the sidewall segments).
Regarding claim 19, the combination of Mussehl, Desai, and Balmes teaches the urine collection cup of claim 17. Mussehl additionally discloses wherein the non-collapsible rim comprises a first material (paragraph 0134-- The removable handle 40 and ring 50 may permit the expandable member 30 to be fully “squeezed” without the intrusion of a non-flexible component, permitting further contents expulsion through force by the user. Additionally, because the handle 40 and ring 50 may be cast separately from the expandable member 30, manufacturing and maintenance are simplified over the prior art. It is noted that the disclosure of the handle and ring being separable from the expandable member 30 so that no non-flexible component ‘intrudes’ on the squeezing of the expandable member indicates that these components are made of a different, non-flexible material)
the collapsable sidewall comprises a second material that is different than the first material (Paragraph 0113-- the expandable member 30a may be constructed of a flexible material, such as silicone material 512. While silicone material 512 is not strictly necessary, a flexible and food-safe material is recommended for kitchen utensils such as those described in the present disclosure).
Regarding claim 20, the combination of Mussehl, Desai, and Balmes teaches the urine collection cup of claim 17. Mussehl additionally discloses wherein the collapsable sidewall tapers from a top portion coupled to the rim to a bottom portion that is at the junction with the bottom ring (See Figs. 3, 5-10).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 and 17-20 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.
In particular, Balmes (US 20160368664 A1) is newly cited to disclose the newly amended limitations of the claims.
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 ANNA ROBERTS whose telephone number is (571)272-7912. The examiner can normally be reached M-F 8:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at (571) 272-4233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNA ROBERTS/Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791