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 § 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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thoma (US 2016/0200508).
Thoma discloses a step-on and hand-pressed trash can comprising a main body (defined by combination of structures 1, 4 and 20) comprising a lid (4) and a can body (1 and 20); a swing arm mechanism (8), having one end (29) articulated with the lid (see [0043] and [0050]) and the other end articulated with the can body (see figures 3 and 7); and a transmission mechanism (defined by combination of pedal 20 and rod 12), comprising a push rod (12) and an ejector (22), wherein one end of the push rod is articulated with the swing arm mechanism (see [0043]), and the push rod is provided with a supporting part (defined by end portion of the ejector that contacts the rod as shown in figure 6B) abutting against a movable end of the ejector.
Allowable Subject Matter
Claims 2-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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