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(s) 1-4, 6 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hooley et al. (U.S. Pub. No. 20150083728).
Regarding Claim 1, Hooley et al. discloses a sealing device 80 (figure 2) applied to a garbage can 2 (Figure 1), comprising: a connecting assembly 92/96 (Figure 2), provided with a limiting piece (projection 92, figure 2); a ring pressing assembly 82/84 (Figure 2), comprising a first ring pressing piece 82 (Figure 2) and a second ring pressing piece 84 (Figure 2), and configured for arranging a pull-rope-type garbage bag (Figure 2; paragraph 31); the ring pressing assembly being rotatably connected with the connecting assembly (figure 2); the first ring pressing piece and the second ring pressing piece being configured to rotate from a first position to a second position under an action of a pull rope of the pull-rope-type garbage bag (Figure 2, and when locked in aperture 96), and the first ring pressing piece and the second ring pressing piece being both provided with a round corner at a side opposite to a rope pulling direction (Figure 2); and the limiting piece, arranged on the connecting assembly (projection portion at 92, figure 2), and configured for limiting a rotatable angle of the ring pressing assembly (Figure 2).
Regarding Claim 2, Hooley et al. discloses in the first position, the first ring pressing piece and the second ring pressing piece are under an action of the limiting piece, and a plane on which the first ring pressing piece is located and a plane on which the second ring pressing piece is located form a dihedral angle of less than 180 degrees (Figure 2).
Regarding Claim 3, Hooley et al. discloses in the second position, the first ring pressing piece and the second ring pressing piece are under an action of the limiting piece, and a plane on which the first ring pressing piece is located is relatively parallel to a plane on which the second ring pressing piece is located, or a plane on which the first ring pressing piece is located and a plane on which the second ring pressing piece is located form a dihedral angle of less than 90 degrees (when 92 in the aperture 96; figure 2).
Regarding Claim 4, Hooley et al. discloses an elastic assembly arranged on the connecting assembly (figure 2, flexibility, bending of connecting piece), wherein the elastic assembly is connected with the ring pressing assembly (figure 2), and the elastic assembly is configured for driving the first ring pressing piece and the second ring pressing piece to rotate from the second position to the first position (Figure 2).
Regarding Claim 6, Hooley et al. discloses the connecting assembly comprises a first connecting piece and a second connecting piece (Figure 2), the first connecting piece is further provided with a rope clamping portion 92 (figure 2), the rope clamping portion is provided with a clamping groove 96 (Figure 3), and the clamping groove is configured for threading the pull rope of the pull- rope-type garbage bag (Figure 2; paragraph 31).
Regarding Claim 14, Hooley et al. discloses a garbage can 2 (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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hooley et al. (U.S. Pub. No. 20150083728).
Regarding Claim 5, Hooley et al. teaches all the limitations substantially as claimed except for a circular arc of the round corner of the ring pressing assembly is at least R80. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the above since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. MPEP2144.05(III)(C).
Claim(s) 8-11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hooley et al. (U.S. Pub. No. 20150083728) and Yang et al. (U.S. Pub. No. 20040020927).
Regarding Claim 8, Hooley et al. discloses a garbage can body 2 (figure 1) but does not disclose a second can body connected with the connecting assembly. However, Yang et al. teaches a second can body 24 (figure 3). 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 Hooley et al. to include the above, as taught by Yang et al., in order to easily empty the garbage can.
Regarding Claim 9, Hooley et al. discloses a rope clamping portion is arranged on the second can body in a position corresponding to the connecting assembly (Figure 8), the rope clamping portion is provided with a clamping groove (paragraph 31), and the clamping groove is configured for threading the pull rope of the pull-rope-type garbage bag (paragraph 31).
Regarding Claim 10, Hooley et al. discloses a garbage can 2 (Figure 1).
Regarding Claim 11, Hooley et al. discloses the garbage can comprises a first can body 8 (Figure 1) and a first can cover body 30 (Figure 1) movably connected with the first can body, and the garbage can body is arranged in the first can body (Figure 1).
Regarding Claim 15, Hooley et al. teaches all the limitations substantially as claimed except for a second can body and a second can cover body movably connected with the second can body, the sealing device is arranged on the second can body, a rope clamping portion is arranged on the second can body in a position corresponding to the connecting assembly, the rope clamping portion is provided with a clamping groove, and the clamping groove is configured for threading a pull rope of the pull-rope-type garbage bag. However, Yang et al. teaches a second can body 24 (Figure 3) and a second can cover body 32 (Figure 3) movably connected with the second can body, the sealing device is arranged on the second can body (when combined with Hooley et al.), a rope clamping portion is arranged on the second can body in a position corresponding to the connecting assembly, the rope clamping portion is provided with a clamping groove (when combined with Hooley et al.), and the clamping groove is configured for threading a pull rope of the pull-rope-type garbage bag (when combined with Hooley et al.). 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 Hooley et al. to include the above, as taught by Yang et al., in order to easily empty the garbage can.
Claim(s) 12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hooley et al. (U.S. Pub. No. 20150083728) and Yang et al. (U.S. Pub. No. 20040020927) in view of Wang et al. (U.S. Patent No. 6812655).
Regarding Claim 12, Hooley et al. and Yang et al. teach all the limitations substantially as claimed except for an induction switch device configured for controlling opening and closing of the first can cover body, wherein the induction switch device comprises a driving module connected with the first can cover body, a controller connected with the driving module and a sensor connected with the controller. However, Wang et al. teaches an induction switch device configured for controlling opening and closing of the first can cover body, wherein the induction switch device comprises a driving module connected with the first can cover body, a controller connected with the driving module and a sensor connected with the controller (Column 1, lines 34-53). 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 Hooley et al. and Yang et al. to include the above, as taught by Wang et al., in order to allow for easy opening of the garbage can.
Regarding Claim 16, Hooley et al. and Yang et al. teach all the limitations substantially as claimed except for an induction switch device configured for controlling opening and closing of the second can cover body, wherein the induction switch device comprises a driving module connected with the second can cover body, a controller connected with the driving module and a sensor connected with the controller. However, Wang et al. teaches an induction switch device configured for controlling opening and closing of the second can cover body, wherein the induction switch device comprises a driving module connected with the second can cover body, a controller connected with the driving module and a sensor connected with the controller (Column 1, lines 34-53). 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 Hooley et al. and Yang et al. to include the above, as taught by Wang et al., in order to allow for easy opening of the garbage can.
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.
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