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 04 June 2026 has been entered. Claim(s) 1-3, 5, 7, and 17-24 are pending in the application with claims 6 and 8-10 being newly canceled.
Claim Objections
Claims 1 and 17 are objected to because of the following informalities:
Claim 1, line 15 and claim 17, lines 12-13 “a length of the nonfolding portion from the first circumferential portion to the second circumferential portion” should be “a distance between the first circumferential portion to the second circumferential portion” or similar to clarify that the “length” does not refer to a length along the circumference between the first and second portions, but to a direct length across the rim of the collection cup from the first portion to the second portion.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 24 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
While claim 24 recites the handle is attached at a location that “does not extend radially outward beyond an outer perimeter of the sidewall” this appears to contrast with the depiction of the attachment location in figures 1, 4, 8, and 9, which show a handle attachment portion that appears to extend beyond the top margin groove 320 of the last segment 316 of the sidewall 104 and additionally beyond the smallest perimeter of the non-folding upper portion 108 (see below). The instant specification is otherwise silent as to the claimed arrangement.
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Fig. 4, attachment of handle which extends radially outward
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.
Claim 17-24 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 17 recites “the handle being configured to fold toward the second circumferential portion”; however, the claim describes the second circumferential portion as forming the handle base itself, such that the handle would not fold toward its own base. The limitation is interpreted as referring to the handle being configured to fold toward the first circumferential portion which includes a spout.
Claim 23 recites “the third circumferential portion” and “the fourth circumferential portion”. There is insufficient antecedent basis for each of these limitations of the claim. The claim is currently interpreted as depending from claim 22 which introduces a third and fourth circumferential portion.
Claims 18-24 are additionally rejected under 35 U.S.C. 112(b) as indefinite due to their dependence on claim 17 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) 1-3, 5, and 7 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 Liu (CN 205103053 U).
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 extending radially outward 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);
a first circumferential portion of the nonfolding portion forming a handle base (see end 404 which is a portion about the circumference of the ring 50 and which attaches via a hinge to handle 40b,thus forming a handle base),
a handle (Handle 40b) hingedly attached to the handle base (Handle 40 b is hingedly connected to the ring 50 via the handle base portion 404, Fig. 4B) and extending from the handle base at an upward angle (Handle 40 b is hingedly connected to the ring 50 via the handle base portion 404 and extends at an upward angle, Fig. 4B), the handle being configured to fold toward a second circumferential portion of the nonfolding portion that is opposite the first circumferential portion (According to the position of the hinge in Fig. 4B, the handle would fold across the cup toward a second position along the circumference of the ring 50), 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).
Mussehl generally discloses embodiments including shorter handles (see Fig. 1) and discloses that its designs are intended to prove upon prior art which included larger handles making storage difficult (Paragraph 0100), where the use of a hinged handle, generally, serves to diminish the footprint of the device for storage (Paragraph 0105).
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 a length of the handle being less than a length of the nonfolding portion from the first circumferential portion to the second circumferential portion.
Liu, in the same field of endeavor of a liquid collection cup having a handle (Abstract), discloses a cup including an endless sidewall (cup 1) analogous to the folding portion of Mussehl and a rim portion (cup opening 11) analogous to the nonfolding portion of Mussehl, wherein a first circumferential portion of the rim portion forms a handle base (Nonfolding portion 21 connects to the upper edge of the rim 11, see Fig. 2) and a handle (foldable handle portion 22) hingedly attached to the handle (Preferred embodiment—the foldable handle 2 comprises a fixed section connected with the cup edge 11 and a hinged section with the fixed section 21), the handle being configured to fold toward a second circumferential portion of the rim portion that is opposite the first circumferential portion, a length of the handle being less than a length of the nonfolding portion from the first circumferential portion to the second circumferential portion (Fig. 1—the handle folds over towards an opposite circumferential portion of the rim and is shorter than the distance between the handle base at the first circumferential portion and the second circumferential portion).
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 is a shorter length as shown by Liu as Mussehl discloses that a shorter handle may be desirable and that the device should have a small footprint to improve storage capability (See Fig. 1, paragraphs 0100, 0105), where the handle length being less than the distance between the first circumferential portion and the second circumferential portion would reduce the footprint of the device as the handle would not protrude beyond the opposite edge of the nonfolding portion when folded for storage.
Regarding claim 2, the combination of Mussehl, Tsui, and Liu 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 Liu 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 5, the combination of Mussehl, Tsui, and Liu 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 7, the combination of Mussehl, Tsui, and Liu teaches the urine collection cup of claim 1. Mussehl additionally discloses wherein the handle (40b) comprises a stop (See portion of handle 40B which is opposite the hinge); the handle outwardly rotates from a storage position to a 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); and the stop abuts the nonfolding portion of the sidewall (Second end 404) in the use position to limit 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).
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mussehl in view of Liu, further in view of Desai (US 20140371628 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 first circumferential portion (Portion of the rim 50 which is opposite the handle 40b); a second circumferential portion of the non-collapsible rim forming a handle base (see end 404 which attaches via a hinge to handle 40b, and which tapers at an upward angle to form a handle base); and
a handle (Handle 40b) hingedly attached to the handle base and extending from the handle base at an upward angle (Handle 40b is hingedly connected to the ring 50 via the handle base portion 404, Fig. 4B), the handle being configured to fold toward the first circumferential portion (According to the position of the hinge in Fig. 4B, the handle would fold across the cup toward a second position along the circumference of the ring 50).
Mussehl generally discloses embodiments including shorter handles (see Fig. 1) and discloses that its designs are intended to prove upon prior art which included larger handles making storage difficult (Paragraph 0100), where the use of a hinged handle, generally, serves to diminish the footprint of the device for storage (Paragraph 0105).
However, Mussehl fails to disclose the non-collapsible rim including a spout and fails to disclose a length of the handle being less than a length of the nonfolding portion from the first circumferential portion to the second circumferential portion.
Liu, in the same field of endeavor of a liquid collection cup having a handle (Abstract), discloses a cup including an endless sidewall (cup 1) analogous to the folding portion of Mussehl and a rim portion (cup opening 11) analogous to the nonfolding portion of Mussehl, wherein a first circumferential portion of the rim portion forms a handle base (Nonfolding portion 21 connects to the upper edge of the rim 11, see Fig. 2) and a handle (foldable handle portion 22) hingedly attached to the handle (Preferred embodiment—the foldable handle 2 comprises a fixed section connected with the cup edge 11 and a hinged section with the fixed section 21), the handle being configured to fold toward a first circumferential portion of the rim portion that is opposite the second circumferential portion, a length of the handle being less than a length of the nonfolding portion from the first circumferential portion to the second circumferential portion (Fig. 1—the handle folds over towards an opposite circumferential portion of the rim and is shorter than the distance between the handle base at the first circumferential portion and the second circumferential portion). Liu additionally discloses the rim including a spout (Spout 11a), the second circumferential portion of the rim including the handle base being positioned away from the spout at the first circumferential portion (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 so that the is a shorter length as shown by Liu as Mussehl discloses that a shorter handle may be desirable and that the device should have a small footprint to improve storage capability (See Fig. 1, paragraphs 0100, 0105), where the handle length being less than the distance between the first circumferential portion and the second circumferential portion would reduce the footprint of the device as the handle would not protrude beyond the opposite edge of the nonfolding portion when folded for storage. It would additionally have been obvious to one having ordinary skill in the art at the time of filing to modify the cup of Mussehl to include a spout as disclosed by Liu in order to predictably improve the ease of use of the device in allowing the pouring of contents out of the cup while reducing spilling and improving the ability to direct the pouring of contents toward a particular target.
However, the combination of Mussehl and Liu fails to disclose the second circumferential portion of the non-collapsible rim being opposite from the first circumferential portion which includes the 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) where the spout is at an opposite end from the handle (Figs. 1-2).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of Mussehl and Liu to include a spout having the positioning as disclosed by Desai as a matter of simple substitution of parts known in the art, in this case the positioning of a spout relative to a handle of a cup, which would additionally allow for directed removal of the contents from the cup via pouring (see Desai, paragraph 0011).
Regarding claim 18, the combination of Mussehl, Liu, and Desai 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, Liu, and Desai 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, Liu, and Desai 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).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mussehl in view of Liu, further in view of Desai, further in view of RS Jones (US 5422076 A).
Regarding claim 21, the combination of Mussehl, Liu, and Desai teaches the urine collection cup of claim 17. Mussehl additionally teaches that the device may have different shapes as desired (Paragraph 0130-- While the example expandable members 30a are illustrated as at least partially conical frustums, it is appreciated that any shape as desired may be used with the disclosure herein, with the only adjustments needing to be made including recalculation of the sizes of the living hinges to achieve correct volumes). However Mussehl does not explicitly disclose that the bottom ring is non-circular.
RS Jones, in the same field of endeavor of a collection container including a handle, discloses a container having a bottom ring that is non-circular (Fig. 1-3; Col. 2, line 3-10-- a vessel proportionally longer than it is wide).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of Mussehl via a simple substitution suggested by paragraph 0130 of Mussehl to have a non-circular shape as disclosed by Jones in order to predictably improve the manueverability of the device for use in urine collection as described by RS Jones (Col. 2, line 3-10-- Because the width of the collection vessel is proportionally less than the length, the sitting user has more ability to manipulate the vessel between the user's legs.).
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mussehl in view of Liu, further in view of Desai, further in view of RS Jones, further in view of T Jones (US 6485691 B1).
Regarding claim 22, the combination of Mussehl, Liu, and Desai teaches the urine collection cup of claim 17. Mussehl additionally teaches that the device may have different shapes as desired (Paragraph 0130-- While the example expandable members 30a are illustrated as at least partially conical frustums, it is appreciated that any shape as desired may be used with the disclosure herein, with the only adjustments needing to be made including recalculation of the sizes of the living hinges to achieve correct volumes). Mussehl further discloses that the handle may be removable and reattachable (Paragraph 0106).
RS Jones, in the same field of endeavor of a collection container including a handle, discloses a container being longer than it is wide (Fig. 1-3; Col. 2, line 3-10-- a vessel proportionally longer than it is wide).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of Mussehl via a simple substitution suggested by paragraph 0130 of Mussehl to have a non-circular shape as disclosed by Jones in order to predictably improve the maneuverability of the device for use in urine collection as described by RS Jones (Col. 2, line 3-10-- Because the width of the collection vessel is proportionally less than the length, the sitting user has more ability to manipulate the vessel between the user's legs.).
However, the combination fails to disclose wherein the non-collapsible rim comprises a respective notch at a third circumferential portion and a fourth circumferential portion.
T Jones, in the same field of endeavor of a collection container including a handle, teaches a container comprising a respective notch at a third circumferential portion and a fourth circumferential portion of an upper surface (Fig. 6, see slots 52 and 54).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of Mussehl, already modified to have short handle as described by Liu and a narrower width and longer length as described by RS Jones, to include a respective notch at a third and fourth circumferential position as described by T Jones in order to predictably improve the device by allowing the handle to be detached and stored via nesting in the notches to reduce the risk of losing the handle when detached while maintaining a diminished footprint (see Mussehl paragraph 0105, 0107).
Regarding claim 23, the combination of Mussehl, Liu, Desai, RS Jones, and T Jones teaches the urine collection cup of claim 22. T Jones additionally teaches wherein the third circumferential portion is opposite from the fourth circumferential portion (Fig. 6, see slots 52 and 54).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of Mussehl, already modified to have short handle as described by Liu and a narrower width and longer length as described by RS Jones, to include a respective notch at a third and fourth circumferential position which are opposite one another as described by T Jones in order to predictably improve the device by allowing the handle to be detached and stored via nesting in the notches to reduce the risk of losing the handle when detached while maintaining a diminished footprint (see Mussehl paragraph 0105, 0107).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mussehl in view of Liu, further in view of Desai, further in view of Balmes (US 20160368664 A1).
Regarding claim 24, the combination of Mussehl, Liu, and Desai teaches the urine collection cup of claim 17. However, the combination fails to disclose wherein the handle is hingedly attached to the handle base at a location that does not extend radially outward beyond an outer perimeter of the sidewall.
Balmes, in the same field of endeavor of a collapsible container (Abstract), discloses a collapsible container having a handle which is hingedly attached to the handle base at a location that does not radially extend outward beyond an outer perimeter of a collapsible sidewall (See Figs. 1-3—the hinge 14 connects the handle 13 to a location on the rim 17 at a handle base which does not radially extend outward beyond the perimeter of the collapsible sidewall as the handle base is directly atop the rim and does not extend radially outward at all).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the cup of Mussehl to have utilize a handle base which does not extend radially beyond the sidewall as described by Balmes as Mussehl discloses that the device should have a small footprint to improve storage capability (See Fig. 1, paragraphs 0100, 0105), where this modification to the handle base would reduce the footprint of the device as the handle base would not protrude radially outward when folded for storage.
Response to Arguments
Applicant's arguments filed 04 June 2026 have been fully considered but they are not persuasive.
The applicant argues that the cited references fail to disclose “a first circumferential portion of the nonfolding portion forming a handle base” and “a length of the handle being less than a length of the nonfolding portion from the first circumferential portion to the second circumferential portion”.
In particular, the applicant argues that Mussehl teaches away from a short handle. However, while Mussehl describes a ladle-style handle (40b) to permit a user to reach into depths of a container as opposed to an alternative handle (40a), this does not teach away from a short length of handle but merely requires that the handle extend at an upward angle to enable a collapsible container to be extended into a container depth while being held at the handle. As Mussehl additionally discloses that the shape of the collapsible container may be modified (Paragraph 0130) such as to have a shape having an ellipse shape and no specific container has been disclosed having a particular depth which must be reached via the handle, any such container having an upwardly extending handle would be generally capable of performing the same reaching as described by paragraph 0105 of Mussehl. Likewise, the alternative handle 40a could be made any length without being able to reach the depths of a container because the handle extends directly horizontal from the rim.
For this reason, Liu, which discloses a shorter length of handle relative to the length of a collection cup portion, would have been obvious to use in modifying Mussehl to improve storage of the collapsible cup device by allowing a handle length to be entirely folded into the length of the cup thus minimizing the footprint of the folded device for storage.
Applicant’s arguments with respect to the newly added dependent claims 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
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.
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, 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.
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.
/ANNA ROBERTS/Examiner, Art Unit 3791
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