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 § 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 1-18 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 limitation "said body" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "said body" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fleming (U.S. Patent No. 5170903).
Regarding Claim 1, Fleming discloses a hanging trash receptacle 10 (figure 1) configured to be attached to a main trash container (figure 1) and further configured to receive pet waste (Figure 1), said hanging trash receptacle comprising: a body portion (figure 1) having an opening 19 (Figure 1); and an attachment mechanism 20 (Figure 1) attached at a first end of the body and being configured to be attached to a portion of the main trash container (Figure 1), wherein the attachment mechanism is configured such that the body can swing about an attachment axis to the main trash container (capable of swinging).
Regarding Claim 2, Fleming discloses the attachment mechanism is configured to be removably attached to the main trash container (figure 1).
Regarding Claim 3, Fleming discloses the attachment mechanism is configured to be permanently attached to the main trash container (figure 1, capable of being attached permanently).
Regarding Claim 5, Fleming discloses the body comprises a shape configured to be unobtrusive to falling trash and trash debris when the trash is being dumped from the main trash container (Figure 1).
Regarding Claim 7, Fleming discloses the body comprises walls configured to have an opening at a first end (figure 1) and configured to form a bottom at a second opposite end (Figure 1), the body further comprising a block located at the bottom to provide a flat bottom surface for the body (Figure 1).
Regarding Claim 12, Fleming discloses a hanging trash receptacle 10 (figure 1) configured to be attached to a main trash container (figure 1) and further configured to receive pet waste (Figure 1), said receptacle comprising: a body portion having an opening (Figure 1); and a plurality of hooks attached to a first end of the body 20 (figure 1), said hooks being configured to be attached to the main trash container (Figure 1), wherein the plurality of hooks is configured such that the body can swing about an attachment axis of the plurality of hooks to the main trash container (capable of swinging).
Claim(s) 1, 8, 9, 12, 13, 14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin (U.S. Patent No. 1527056)
Regarding Claim 8, Fleming discloses the body comprises side walls that are configured to folded in (Figure 1).
Regarding Claim 9, Fleming discloses the body comprises a front wall configured to be folded in (Figure 1).
Regarding Claim 12, Martin discloses a hanging trash receptacle (Figure 1) configured to be attached to a main trash container and further configured to receive pet waste, said hanging trash receptacle comprising: a body portion 11 (figure 1) having an opening (Figure 1); and a plurality of hooks 2/4 (figure 1) attached to a first end of the body, said hooks being configured to be attached to the main trash container (Figure 1; capable of being attached).
Regarding Claim 13, Martin discloses the body comprises two side walls 14 (figure 1) positioned between a front wall 11 (Figure 1) and a back wall 11 (figure 1), the walls forming a triangular shape of the body (Figure 1).
Regarding Claim 14, Martin discloses a bottom portion of the body comprises a block forming a bottom surface of the bottom (Figure 1).
Regarding Claim 16, Martin discloses the body comprises a front wall configured to be folded in (Figure 1).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fleming (U.S. Patent No. 5170903) in view of Lin (U.S. Pub. No. 20120118895).
Regarding Claim 6, Fleming teaches all the limitations substantially as claimed except for the body comprises one or more cutouts configured to hold a handle portion of a bag. However, Lin teaches the body comprises one or more cutouts configured to hold a handle portion of a bag 28A (figure 6). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fleming to include the above, as taught by Lin, in order to allow for easy attachment of a bag.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martin (U.S. Patent No. 1527056) in view of Lin (U.S. Pub. No. 20120118895).
Regarding Claim 15, Martin teaches all the limitations substantially as claimed except for one or more of the side walls of the body comprises one or more cutouts configured to hold a handle portion of a bag. However, Lin teaches the body comprises one or more cutouts configured to hold a handle portion of a bag 28A (figure 6). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Martin to include the above, as taught by Lin, in order to allow for easy attachment of a bag.
Claim(s) 10, 11, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martin (U.S. Patent No. 5170903) in view of Khoury (U.S. Pub. No. 20170283167).
Regarding Claim 10, Martin teaches all the limitations substantially as claimed except for side walls of the body and the front wall are configured to be folded by spring tensions caused by springs formed on the body. However, Khoury teaches side walls of the body and the front wall are configured to be folded by spring tensions caused by springs formed on the body (paragraph 4). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Martin to include the above, as taught by Khoury, in order to allow for the body to fold with the tension of the spring.
Regarding Claim 11, Martin teaches all the limitations substantially as claimed except for the front wall comprises a beveled-out portion configured to counteract the spring tensions when the front wall and or the side walls are not folded in. However, Khoury teaches a beveled-out portion configured to counteract the spring tensions when the front wall and or the side walls are not folded in (figure 3a). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Martin to include the above, as taught by Khoury, in order to assist in holding the body in place.
Regarding Claim 17, Martin teaches all the limitations substantially as claimed except for the front wall is configured to be folded by spring tensions caused by springs formed on the body. However, Khoury teaches the front wall is configured to be folded by spring tensions caused by springs formed on the body (paragraph 4). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Martin to include the above, as taught by Khoury, in order to allow for the body to fold with the tension of the spring.
Regarding Claim 18, Martin teaches all the limitations substantially as claimed except for the front wall comprises a beveled-out portion configured to counteract the spring tensions when the front wall is not folded in. However, Khoury teaches a beveled-out portion configured to counteract the spring tensions when the front wall is not folded in (figure 3a). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Martin to include the above, as taught by Khoury, in order to assist in holding the body in place.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Response to Arguments
Applicant's arguments filed 11/18/25 have been fully considered but they are not persuasive. Applicant argues that Fleming and Martin do not disclose swinging, however, both references are capable of swinging and there isn’t a structural limitation to the swinging.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733
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