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 .
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 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.
DETAILED ACTION
This is the first action for application #18/611559, Bag Retaining Device For Bags That Hang on Bars, filed 3/20/2024. Claims 1-17 are pending.
The Examiner notes that numerous embodiments are disclosed in the current application, but the claims are only drawn to the embodiment of Figures 2 and 4, and the embodiment of Figure 3. Therefore, these are the only embodiments that are being examined by the Examiner for this application.
Drawings
The drawings are objected to because in Figure 2 it is not clear if numerals 22, 23, 24, and 25 are pointing just to surfaces or to the entire top horizontal structure, entire bottom horizontal structure etc. The leader lines should be touching the structure being defined and since Figure 4 is representing the same embodiment with a better view of the individual surface, the numerals should be added to Figure 4 for clarity.
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 secured end” of the bars and the surface that the bar is attached to (Claim 1), the bag configuration being “inside a loaded package” (Claim 2), the “back panel” of the frame style bag retaining device (Claim 5), the “solid back panel” of the frame style bag retaining device having the bars secured to the solid back panel directly (Claim 9), the bag making contact with the solid back panel (Claim 9), a “track or rail” for the bag retaining device to move along (Claims 13-15), and the back panel being a “partial panel” (Claim 17) must be shown or the feature(s) canceled from the claim(s). No new matter will be entered. Therefore, if the original drawings do not depict the claimed subject matter, then that subject matter should be deleted from the claims.
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.
Claim Objections
Claim 1 is objected to because of the following informalities: In the middle of the claim, a period is used and then a new sentence is begun. A period should only be used at the end of the claim. Appropriate correction is required.
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 1-17 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 pre-AIA the applicant regards as the invention.
Regarding Claim 1:
-The phrase “for use with at least one bag that hangs on at least two bars” claimed in the preamble is unclear since the body of the claim claims bars and bags so it is unclear if this is referring to the same bags and bars.
-The phrase “frame style” is indefinite.
-The phrase “in the shape of a frame” is indefinite since a frame does not define a specific shape.
-The phrase “at least two bag support bars” is unclear since the drawings only show using two bag support bars and it is not clear how more than two support bars would work or how it would be configured. Additionally, the Examiner notes that once an element is defined by a phrase, then the same phrase should be used throughout the claims for clarity. The claims have used the following phrases when referring to element 5: “the at least two bag support bars”, “the at least two bars”, “the two or more bars”.
-It is claimed that each bar has one end “secured to a surface”. It is not clear if the surface is a surface of the bag retaining device or a different surface, and the ends of the bars that are considered “the secured ends” are never depicted in the figures.
-There is no antecedent basis for “the other end”, “the secured end”, “the at least one bag’s one or more edges”, “the free hanging end”, “the user”, “the at least one edge”, “the open position”.
-The phrase “can be pulled” is indefinite since it is not clear if the functionality is being positively claimed. The Examiner suggests using the phrase “is configured to be pulled”.
**The Examiner notes that any of the above phrases that have been rejected in Claim 1, would also be rejected in the dependent claims and will not be called out each time.
Regarding Claim 2:
-It is not clear what configuration is considered “inside a loaded package”.
Regarding Claim 3:
-It is unclear if the “bags with one or more mounting holes” are in addition to the bags already claimed.
Regarding Claims 6 and 7:
-It is unclear what “surface” is being referred to and if this is the same surface claimed in Claim 1.
-The term “near” is indefinite.
-There is no antecedent basis for “the two or more bars”.
Regarding Claim 8:
-There is no antecedent basis for “the two or more bars”.
Regarding Claim 9:
-It is unclear if the solid back panel is in addition to the back panel previously claimed.
Regarding Claims 11 and 12:
-The phrase “large section” is indefinite. First, the term “large” is a relative term and there are not metes and bounds to determine the size. Secondly, it is claimed that the frame style bag retaining device covers a large section of the at least one bag, but by viewing Figure 2, it does not appear that a large portion of the bag is covered.
Regarding Claims 13-15:
-The subject matter of these claims are unclear since there is no track or rail depicted in any of the figures, and it is not clear from the specification how the bag retaining device as claimed would move along a track or rail.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 10,308,426 to Castro.
Regarding Claim 1, as best understood, Castro teaches a bag retaining device for use with at least one bag that hangs on at least two bars, comprising:
a frame style bag retaining device (1 in Figures 13/14/21/22; or 1/11 in Figures 21/22) being in the shape of a frame (rectangular),
at least two bag support bars (5) where each bar has one end secured to a surface (end connected to either surface of 1 or surface of 11) and the other end free hanging (as depicted),
and at least one bag (6) comprising more than one mounting hole (to accommodate the two bars 5 respectively),
wherein the at least one bag (6) is loaded onto the at least two bag support bars by the bag's mounting holes (Figures 14, 21,22), and the at least one bag (6) is moved to the secured end of the at least two bars (Figures 13 and 22), where the at least one bag (6) is then able to be retained by the frame style bag retaining device (Figures 13, 21, 22), where the at least one bag's one or more edges are held in place by the frame style bag retaining device so that the at least one bag cannot accidently move away from the secured end of the at least two bars and move towards the free hanging end of the at least two bars (due to the surrounding panels of 1). The at least one bag (6) can be pulled by the user to release the at least one edge of the at least one bag from the frame style bag retaining device so the at least one bag can be released from the frame style bag retaining device and be moved into the open position for use while still hanging on the at least two bars by using the at least one bag's mounting holes (Figures 14, 27).
Regarding Claim 2, as best understood, Castro teaches the bag retaining device of claim 1 wherein the at least two bars (5) are structurally configured to hold bags (6) in at least one or more configurations (Figure 13, 14, 21; col 9, ln 21-29; col 10, ln 18-27), wherein the one or more configurations is in a stack (Figure 13) or inside a loaded package (Figure 21/22).
Regarding Claim 3, as best understood, Castro teaches the bag retaining device of claim 1 wherein the bars (5) are structurally configured to receive and dispense bags (6) with one or more mounting holes (6A,6B; col 8, ln 11-14).
Regarding Claim 4, as best understood, Castro teaches the bag retaining device of claim 1 wherein the frame style bag retaining device (1 in Figures 13/14/21/22; or 1/11 in Figures 21/22) is made of a front panel (that surrounds the front opening for the bags to be released).
Regarding Claim 5, as best understood, Castro teaches the bag retaining device of claim 1 wherein the frame style bag retaining device (1 in Figures 13/14/21/22; or 1/11 in Figures 21/22) is made of a front panel (that surrounds the front opening for the bags to be released) and one or more of a top, bottom, side, or back panels (Figure 13/14 depicting at least an additional top and side panel; Figures 21 depicting at least an additional side, top, and back panel).
Regarding Claim 6, as best understood, Castro teaches the bag retaining device of claim 1 wherein the frame style bag retaining device (1 in Figures 13/14/21/22; or 1/11 in Figures 21/22) is secured to a surface near the secured end of the two or more bars (as best understood, 1 is secured to the end surfaces of the bars 5).
Regarding Claim 7, as best understood, Castro teaches the bag retaining device of claim 1 wherein the frame style bag retaining device (1 in Figures 13/14/21/22) is releasably secured to a surface near the secured end of the two or more bars (as best understood, 1 is secured to the end surfaces of the bars 5 and is releasable via 10/12; Figure 21; col 10, ln 6-17).
.
Regarding Claim 8, as best understood, Castro teaches the bag retaining device of claim 1 wherein the frame style bag retaining device (1 in Figures 13/14/21/22; or 1/11 in Figures 21/22) is secured to the secured end of the two or more bars (as best understood, 1 is secured to the end surfaces of the bars 5).
Regarding Claim 9, as best understood, Castro teaches the bag retaining device of claim 5 wherein the frame style bag retaining device (1 in Figures 13/14/21/22; or 1/11 in Figures 21/22) also has a solid back panel (4) where the at least two bars (5) are secured against the back panel directly (by passing through the apertures in the back panel as depicted in Figures 21/22) so when the at least one bag (6) is loaded on to the at least two bars (Figure 22) the at least one bag will move towards the secured end of the at least two bars (by pushing 1 towards 11 in Figure 21 such that 4 is contacting 11) where the at least one bag (6) will make contact with the solid back panel (since 6 is located within the space of 1, the front panel and the rear panel would make contact with the bags contained therein).
Regarding Claim 10, as best understood, Castro teaches the bag retaining device of claim 1 wherein the frame style bag retaining device (1 in Figures 13/14/21/22; or 1/11 in Figures 21/22) is designed to allow the two or more bars (5) to be located inside of the frame style bag retaining device (by passing through the apertures; Figures 21 and 22).
Regarding Claims 11 and 12, as best understood, Castro teaches the bag retaining device of claims 4 and 5 wherein the front panel of the frame style bag retaining device covers a large section of the at least one bag (6) that is placed inside of the bag retaining device in order to create more pressure on the at least one bag when the at least one bag is inside the bag retaining device so the at least one bag cannot come out of the bag retaining device easily (the front panel is perforated to remove only the desired parts such that the opening can be customized; Figure 13 and 14 depicting the same front panel as the Applicant’s invention).
Regarding Claims 13-15, as best understood, Castro teaches the bag retaining device of claims 1, 5, and 9 wherein the bag retaining device (1 in Figures 13/14/21/22; or 1/11 in Figures 21/22) is able to move along a track or rail (as best understood, 1 is able to move along the bars 5, and since 1/11 aren’t taught as being permanently attached to anything, it would be “able” to move along a track or rail, such as for shipping or placement).
Regarding Claim 16, as best understood, Castro teaches the bag retaining device of claim 1 wherein the bag retaining device frame (1) is made of partial panels that have space between them (col 9, ln 51-56 teaching an embodiment where a partial portion of 8 is removed while still leaving the portion of 8 that connects to the bars).
Regarding Claim 17, as best understood, Castro teaches the bag retaining device of claim 5 wherein any one or more of the front, top, bottom, side, or back panels of the bag retaining device panels are partial panels that have space between them (col 9, ln 51-56 teaching an embodiment where a partial portion of 8 is removed while still leaving the portion of 8 that connects to the bars).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art has been listed in the PTO-892 form.
US 2010/0012793 (Sung), US 2017/0055727 (Tan), US 2021/0198036 (Kuhl et al.), US 3,747,298 (Lieberman) teach a bag retaining device with a frame style and two bars to support a plurality of bags.
The remaining prior art listed is prior art by the same inventor as the current application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to INGRID M WEINHOLD whose telephone number is (571)272-8822. The examiner can normally be reached on Monday-Tuesday 7:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/INGRID M WEINHOLD/
Primary Examiner, Art Unit 3632