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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
“First side wall” as claimed in claim 5
“Second side wall” as claimed in claim 5
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "28c" and "38c" have both been used to designate “Upper wall”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-4, 7-9, 11-14, 17-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Diehl (US 20090058114 A1).
Regarding claim 1, Diehl discloses a waste collection apparatus, comprising: a handle (1; see Fig. 1); and a housing (9; see Fig. 1) coupled to the handle and defining a central axis (see Fig. 1), the housing including: a proximal portion defining a proximal opening disposed about the central axis (see Fig. 1); and a distal portion coupled to the proximal portion and defining a distal opening disposed about the central axis (see Fig. 1).
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Regarding claim 2, Diehl discloses the waste collection apparatus as claimed in claim 1, wherein the handle extends in a direction transverse to the central axis (see Fig. 1; handle is transverse to central axis of housing).
Regarding claim 3, Diehl discloses the waste collection apparatus as claimed in claim 1, wherein the handle extends in a direction orthogonal to the central axis (see Fig. 1; handle is approx. at a right angle to central axis of housing).
Regarding claim 4, Diehl discloses the waste collection apparatus as claimed in claim 3, wherein the handle defines a first length (see Fig. 1), and wherein the housing defines a second length extending from the proximal opening to the distal opening (see Fig. 1), the first length being greater than two times the second length (see Fig. 1).
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Regarding claim 7, Diehl discloses the waste collection apparatus as claimed in claim 1, further comprising a cutter (18; see Fig. 2) coupled to the distal portion of the housing (see Fig. 2).
Regarding claim 8, Diehl discloses the waste collection apparatus as claimed in claim 1, wherein the proximal portion includes a first side wall (see Fig. 1), a second side wall opposite the first side wall (see Fig. 1), an upper wall extending between the first side wall and the second side wall (see Fig. 1), and a lower wall opposite the upper wall and extending between the first side wall and the second side wall (see Fig. 1), the lower wall extending between the distal portion and the proximal opening in a direction substantially parallel to the central axis (see Fig. 1).
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Regarding claim 9, Diehl discloses the waste collection apparatus as claimed in claim 8, wherein the lower wall includes a first proximal end at least partially defining the proximal opening (see Fig. 1 for lower wall having an opening), the first proximal end extending linearly in a direction transverse to the central axis (see Fig. 1; the ends extend linearly, having an opening on the proximal and distal end).
Regarding claim 11, Diehl discloses a waste collection apparatus, comprising: a handle (1; see Fig. 1) extending in a first direction; and a housing (9; see Fig. 1) coupled to the handle and defining a central axis extending in a second direction transverse to the first direction (see Fig. 1 for housing central axis transverse to handle first axis), the housing including at least one wall surrounding the central axis (see Fig. 1).
Regarding claim 12, Diehl discloses the waste collection apparatus as claimed in claim 11, wherein the handle extends in a direction orthogonal to the central axis (see Fig. 1; handle is approx. at a right angle to central axis of housing).
Regarding claim 13, Diehl discloses the waste collection apparatus as claimed in claim 11, wherein the at least one wall forms: a proximal portion defining a proximal opening disposed about the central axis (see Fig. 1 for opening on proximal portion side); and a distal portion coupled to the proximal portion and defining a distal opening disposed about the central axis (see Fig. 6 for opening on distal portion side).
Regarding claim 14, Diehl discloses the waste collection apparatus as claimed in claim 13, wherein the handle defines a first length (see Fig. 1), and wherein the housing defines a second length extending from the proximal opening to the distal opening (see Fig. 1), the first length being greater than two times the second length (see Fig. 1).
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Regarding claim 17, Diehl discloses the waste collection apparatus as claimed in claim 15, wherein the proximal portion includes a first side wall (see Fig. 1), a second side wall opposite the first side wall of the proximal portion (see Fig. 1), an upper wall extending between the first side wall of the proximal portion and the second side wall of the proximal portion (see Fig. 1), and a lower wall opposite the upper wall of the proximal portion and extending between the first side wall of the proximal portion and the second side wall of the proximal portion (see Fig. 1), the lower wall of the proximal portion extending between the distal portion and the proximal opening in a direction substantially parallel to the central axis (see Fig. 1).
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Regarding claim 18, Diehl discloses the waste collection apparatus as claimed in claim 17, wherein the lower wall of the proximal portion includes a first proximal end at least partially defining the proximal opening (see Fig. 1 for lower wall having an opening), the first proximal end extending linearly in a direction transverse to the central axis (see Fig. 1; the ends extend linearly, having an opening on the proximal and distal end).
Regarding claim 20, Diehl discloses the waste collection apparatus as claimed in claim 11, further comprising a cutter (18; see Fig. 2) coupled to the housing (see Fig. 2).
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(s) 5-6, 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Diehl (US 20090058114 A1) in view of Clark (US 5868447 A).
Regarding claim 5, Diehl discloses the waste collection apparatus as claimed in claim 1, wherein the distal portion includes a first side wall (see Fig. 1), a second side wall opposite the first side wall (see Fig. 1), an upper wall extending between the first side wall and the second side wall (see Fig. 1), and a lower wall opposite the upper wall and extending between the first side wall and the second side wall (see Fig. 1), the first and second side walls each including a distal end at least partially defining the distal opening (see Fig. 1).
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Diehl fails to disclose wherein the distal ends define a convex arcuate shape extending from the lower wall to the upper wall.
However, Clark discloses a collection device wherein the distal ends define a convex arcuate shape extending from the lower wall to the upper wall (see Fig. 1).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein the distal ends define a convex arcuate shape extending from the lower wall to the upper wall on the waste collection apparatus of Diehl, as taught by Clark, so that the collection head can be sized and configured to receive handle loops so that the discharge portion engages the mouth portion (see Col. 5, lines 5-20).
Regarding claim 6, Diehl, in view of Clark, discloses the waste collection apparatus as claimed in claim 5, wherein the handle (1; see Fig. 1) is coupled to the upper wall (see Fig. 1).
Regarding claim 15, Diehl discloses the waste collection apparatus as claimed in claim 14, wherein the distal portion includes a first side wall (see Fig. 1), a second side wall opposite the first side wall (see Fig. 1), an upper wall extending between the first side wall and the second side wall (see Fig. 1), and a lower wall opposite the upper wall and extending between the first side wall and the second side wall (see Fig. 1), the first and second side walls each including a distal end at least partially defining the distal opening (see Fig. 1).
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Diehl fails to disclose wherein the distal ends define a convex arcuate shape extending from the lower wall to the upper wall.
However, Clark discloses a collection device wherein the distal ends define a convex arcuate shape extending from the lower wall to the upper wall (see Fig. 1).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein the distal ends define a convex arcuate shape extending from the lower wall to the upper wall on the waste collection apparatus of Diehl, as taught by Clark, so that the collection head can be sized and configured to receive handle loops so that the discharge portion engages the mouth portion (see Col. 5, lines 5-20).
Regarding claim 16, Diehl, in view of Clark, discloses the waste collection apparatus as claimed in claim 15, wherein the handle (1; see Fig. 1) is coupled to the upper wall (see Fig. 1).
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Diehl (US 20090058114 A1) in view of Allen (US 20240175222 A1).
Regarding claim 10, Diehl discloses the waste collection apparatus as claimed in claim 9.
Diehl fails to disclose wherein the first side wall includes a second proximal end, the second side wall includes a third proximal end, and the upper wall includes a fourth proximal end, the second proximal end, the third proximal end, and the fourth proximal end collectively defining a sinusoidal pattern disposed about the central axis.
However, Allen teaches a waste collection assembly wherein the first side wall includes a second proximal end (see Fig. 7), the second side wall includes a third proximal end (see Fig. 7), and the upper wall includes a fourth proximal end (see Fig. 7), the second proximal end, the third proximal end, and the fourth proximal end collectively defining a sinusoidal pattern disposed about the central axis (see Fig. 7).
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Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein the first side wall includes a second proximal end, the second side wall includes a third proximal end, and the upper wall includes a fourth proximal end, the second proximal end, the third proximal end, and the fourth proximal end collectively defining a sinusoidal pattern disposed about the central axis on the waste collection apparatus of Diehl, as taught by Allen, in order to capture and transmit waste, such as animal waste and other miscellaneous objects (see Para. 0006).
Regarding claim 19, Diehl discloses the waste collection apparatus as claimed in claim 18.
Diehl fails to disclose wherein the first side wall of the proximal portion includes a second proximal end, the second side wall of the proximal portion includes a third proximal end, and the upper wall of the proximal portion includes a fourth proximal end, the second proximal end, the third proximal end, and the fourth proximal end collectively defining a sinusoidal pattern disposed about the central axis.
However, Allen teaches a waste collection assembly wherein the first side wall of the proximal portion includes a second proximal end (see Fig. 7), the second side wall of the proximal portion includes a third proximal end (see Fig. 7), and the upper wall of the proximal portion includes a fourth proximal end (see Fig. 7), the second proximal end, the third proximal end, and the fourth proximal end collectively defining a sinusoidal pattern disposed about the central axis (see Fig. 7).
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Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein the first side wall of the proximal portion includes a second proximal end, the second side wall of the proximal portion includes a third proximal end, and the upper wall of the proximal portion includes a fourth proximal end, the second proximal end, the third proximal end, and the fourth proximal end collectively defining a sinusoidal pattern disposed about the central axis on the waste collection apparatus of Diehl, as taught by Allen, in order to capture and transmit waste, such as animal waste and other miscellaneous objects (see Para. 0006).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REHMAN A QURESHI whose telephone number is (571)272-6262. The examiner can normally be reached 7:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached at (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REHMAN A QURESHI/Examiner, Art Unit 3654
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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