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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 28, 2026 has been entered.
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 2, 6, 9, 10 and 18-20 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. The claims are considered vague and indefinite for the following reasons:
Claim 2 sets forth that “the channel is a first housing extending in the first housing”. It is confusing how the first housing extends in the first housing. How do these first housings relate to the first housing introduced in claim 1. If these are different elements of the invention then they should be given different names in the claim to prevent confusion.
Claim 18 sets forth that air flows along the first flow path prior to flowing along the second flow path. However, it is unclear how air travels out of the outlet which is an element of the first flow path prior to air traveling through the inlet which is an element of the second flow path.
The dependent claims not specifically mentioned are rejected as being dependent upon a rejected base claim since they inherently contain the same deficiencies therein.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3, 8-11, 13, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wan (KR 20090079453A). Wan teaches a system 100 for holding food waste A, comprising a first housing 50 forming a chamber to hold the food waste (figure 3), the chamber comprising at least a first port (openings through walls of 50), and a second housing (at lead line 20) comprising at least a second port (port leading from 71 into 72) configured to couple with at least the first port (figure 3), and a fan 71 to provide airflow from the second port (from 71 to 72) to the first port (through 62) and into the chamber through at least the first portion and the second port (see flow of air through 62), the first housing 50 removably coupled with the second housing (figure 4) such that removal of the first housing from the second housing decouples at least the first port from at least the second port, a channel at 74 coupled with and extending upwards along a side wall of the chamber, the channel extending in the first housing from the first port at 62, wherein removal of the first housing from the second housing decouples the channel from the second housing.
Regarding claim 3, the first housing 50 comprises a base wall forming a base of the chamber and an aperture opposite the base wall, the base wall positioned to contact the second housing (at 81; figure 3).
Regarding claim 8, a handle 52 rotatably coupled with an exterior of the first housing, the handle having a perimeter less than a threshold perimeter for full rotation around the first housing (figure 3).
Regarding claim 11, the first housing 25 does not contain any electrically operated components.
Regarding claim 13, Wan teaches an apparatus 100, comprising a first housing 50 forming a chamber to receive food waste (figure 3), a lid 10 coupled with the first housing to allow access into the chamber for depositing the food waste in the chamber, a first channel coupled with and extending upwards along a side wall of the chamber, the first channel extending in the first housing from a first port (at 51) on an exterior of the first housing to provide airflow into the chamber (figure 3), a second channel (upper opening of 50) coupled with and extending upwards along the side wall (the inner surface of the side wall) of the chamber, the second channel extending in the first housing from a second port (upper opening of 50) on an exterior of the housing to provide airflow out of the chamber (see 90 in figure 2) and a second housing configured to provide airflow into the chamber via the first channel and receive airflow out of the chamber via the second channel (flow from 71 to 72 through 62 to 50).
Regarding claim 16, the first housing comprises a plurality of channels 51, including the first channel and the second channel, outward from the chamber and separated from the chamber by at least one wall.
Regarding claim 17, the first housing 50 does not include any electrically operated components.
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wan (KR 20090079453A).
Regarding claim 7, Wan discloses the claimed invention except for the first perimeter of the first housing being within ten percent of a second perimeter of the second housing. 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 of Wan with the first perimeter of the first housing being within ten percent of a second perimeter of the second housing, in order to increase the size of the first container to increase the capacity of the container, and since a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wan (KR 20090079453A) in view of Wang (U.S. 2002/0092853).
Regarding claim 12, Wan discloses the claimed invention except for the biasing member. Wang teaches that it is known to provide a container with a biasing member (see element 18). 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 of Wan with the biasing member, as taught by Wang, in order to allow the lid to close automatically.
Further regarding claim 12, a lid (at lead line 3 in figure 3) coupled with the first housing (via the connection with the second housing) to allow access into the chamber for depositing the food waste in the chamber, and a biasing member (as modified above) coupled with the lid to bias the lid to a closed position with respect to the chamber.
Allowable Subject Matter
Claims 4, 5, 14 and 15 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.
Claims 2, 6, 9, 10 and 18-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed January 28, 2026 have been fully considered but they are not persuasive. Applicant argues that Wan does not teach a channel coupled with and extending upwards along a side wall of the chamber, the channel extending in the first housing from the first port, wherein removal of the first housing from the second housing decouples the channel from the second housing, as set forth in amended claim 1. It is the examiner’s position that Wan meets this limitation of claim 1. Specifically, Wan teaches a channel at lead line 74 which extends upwards along the side wall of the chamber and extends from the first port at 62. The channel is removed with the first housing 50 as it is located between the inner and outer walls of 50.
Conclusion
THIS ACTION IS MADE NON-FINAL.
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