DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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, 7-14, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. 2017/0096299) in view of Chen (GB 2,580,990A). Yang et al. teaches a lid opening and closing system for a waste container 20, the waste container 20 having an opening (defined by 38) and a lid 24 for covering the opening, comprising a proximity sensor 112a for detecting an entity near the waste container and for sending a control signal when the entity approaches to within a predetermined distance of the waste container (paragraph [0096]), a drive system 58 connected to the lid for causing the lid to move from a closed position, wherein the lid 24 covers the opening, to an open position, wherein the waste container is positioned to receive waste, and then back to said closed position in response to said control signal (paragraph [0162]), and one or more sensors (112b-112d) separate from the proximity sensor 112a (figure 8B) for sensing a pet standing against the waste container (as modified below) and for sending a second control signal when the pet is standing against the waste container (when pressure is applied to the sensor, as modified below; see also paragraph [0079]-[0115]), wherein the second control signal prevents the lid from moving to the closed position to the open position when the entity is detected (paragraph [0110]).
Yang et al. discloses the claimed invention except for the sensor being a pressure plate sensors. Chen teaches that it is known to provide a trash container with a pressure plate sensor (see element 26). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container assembly of Yang et al. with the a sensor being a pressure plate sensor, as taught by Chen, in order to require contact to actuate the sensor, as a proximity indicator.
Regarding claim 2, the second control signal prevents the lid from moving to the closed position to the open position for a predetermined amount of time (see figure 15).
Regarding claim 3, the predetermined amount of time is 5 seconds (paragraph [0108]).
Regarding claim 4, the one or more pressure plate sensors, as modified by Chen, above, are mechanical switches (element 26 of Chen).
Regarding claim 7, the one or more pressure plate sensors are positioned on a front surface of an outer shell of the waste container (figure 1).
Regarding claim 8, the one or more pressure plate sensors, as modified above, are positioned around the proximity sensor (figure 8B).
Regarding claim 9, the one or more pressure plate sensors, as modified above, are positioned on a front surface of an outer shell of the waste container and on a same surface as the proximity sensor surrounding the proximity sensor (figure 8B).
Regarding claim 10, pressure needed to send the second control signal is changeable (paragraph [0116]).
Regarding claim 11, a connected computing device to set predetermined times for preventing the lid from moving to the closed position to the open position (figure 15; element 1500, paragraphs [0108]-[0110]).
Regarding claim 12, Yang et al. teaches a lid opening and closing system for a waste container 20, the waste container 20 having an opening (defined by 38) and a lid 24 for covering the opening, comprising one or more sensors 102 for sensing a presence of a pet’s body in contact with the waste container for a sustained period of time (paragraph [0094]) and for sending a control signal when said pet’s body is in contact with the waste container (paragraph [0096]), wherein the control signal prevents the lid from moving to a closed position to an open position (paragraph [0110]) for a period of time after the pet waves their limb over a proximity sensor on the waste container (paragraph [0094]).
Further regarding claim 12, Yang et al. discloses the claimed invention except for the sensor being a pressure plate sensors. Chen teaches that it is known to provide a trash container with a pressure plate sensor (see element 26). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container assembly of Yang et al. with the a sensor being a pressure plate sensor, as taught by Chen, in order to require contact to actuate the sensor, as a proximity indicator.
Regarding claim 13, the control signal prevents the lid from moving to the closed position to the open position for a predetermined amount of time including three to five seconds (paragraph [0108]).
Regarding claim 14, the one or more pressure plate sensors, as modified by Chen above, are mechanical switches (element 26 of Chen).
Regarding claim 17, the one or more pressure plate sensors, as modified by Chen above, are positioned on a front surface of an outer shell of the waste container (figure 8B).
Regarding claim 20, Yang et al. a method for preventing opening of a lid opening and closing system for a waste container (figure 15), the method comprising sensing on one or more sensors of the waste container (112a-112d), detecting a first interaction when the one or more pressure plate sensors (as modified below) indicate a pet is standing against the waste container as distinguished from transient contact (pressure by any being on pressure plate sensor as modified below) and in response to such detection, prevent the lid from opening when a proximity sensor of the waste container detects a second interaction of motion (paragraphs [0095] and [0096]).
Further regarding claim 20, Yang et al. discloses the claimed invention except for the sensor being a pressure plate sensors. Chen teaches that it is known to provide a trash container with a pressure plate sensor (see element 26). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container assembly of Yang et al. with the a sensor being a pressure plate sensor, as taught by Chen, in order to require contact to actuate the sensor, as a proximity indicator.
Claims 5, 6, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. 2017/0096299) in view of Chen (GB 2,580,990A), as applied to claim 1 above, and further in view of Pollack et al. (WO 2007/056703A2).
The modified container of Yang et al. discloses the claimed invention except for the sensor being a pressure plate sensors. Pollack et al. teaches that it is known to provide a trash container with sensor being a strain gauge or piezoelectric sensor (see paragraph [0072]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified container assembly of Yang et al. with the a sensor being a strain gauge or piezoelectric sensor, as taught by Pollack et al., in order to require a certain amount of pressure to activate the sensor.
Response to Arguments
Applicant's arguments filed June 20, 2025 have been fully considered but they are not persuasive. Applicant argues that Yang is only designed for protection against one interaction where somebody inadvertently passes by. The examiner disagrees with this position. Yang teaches multiple scenarios for the use and calibration of the sensors. Yang discloses that the algorithm determines whether to provide an action is response to signals received from at least two sensors. Movement of the lid is triggered by the sensing of an object in one or multiple zones (paragraph [0100]) or within a certain distance (paragraph [0101]). In some scenarios disclosed by Yang, a sequence of object detections is needed to trigger movement of the lid (paragraph [0103]).
Conclusion
THIS ACTION IS MADE FINAL. 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 NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736