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 § 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) 1-7, 10-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bell (US 2006/0125255) in view of Denham et al. (US 2004/0189026) (Denham).
Bell discloses an animal waste storage device comprising: a collection body having an adapter (projection 17 with aperture 15) configured to secure a rotatable fastener (clip 13 is a fastener rotatably coupled and the fastener is capable of rotation), and an integral handle (11) positioned on the opposing side of the collection body from the adapter, wherein the handle extends along the length of the collection body; a first end-cap (lid 5) securable to the first terminal end of the collection body; and wherein said collection body is configured to temporarily secure a bag containing animal waste within a collection channel for later disposal (the purpose of first chamber 19 [see Fig. 2] is clearly stated in paragraph [41], second and third sentences, i.e., of sufficient size to store one or more used bags containing feces). The handle of Bell is not attached at approximately the terminal ends of the body. Denham teaches a similarly constructed pet waste collection container having a handle attached at approximately the first and second terminal ends of the body. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to extend the length of Bell’s handle and attach the handle ends to respective terminal ends of the body to provide more leverage and control of the waste storage device when reorienting and carrying the device.
Re claims 2 and 11, further comprising a partition surface (23) positioned within said collection channel separating the collection body into at least two separate compartments (see Fig. 2 of Bell).
Re claims 3 and 12, one of the compartments (first chamber 19 of Bell) is configured to secure the bag containing animal waste (see Fig. 2 and paragraph [41], second and third sentences).
Re claims 4 and 13, one of the compartments (second chamber 21 of Bell) is configured to secure excess bags for collecting animal waste (see Fig. 2 and paragraph [41], first sentence).
Re claims 5 and 14, further comprising wherein the collection body comprises a second end-cap (lid 7 of Bell) secured to each the second terminal end of the collection body.
Re claims 6 and 15, further comprising an animal leash (lead mentioned in paragraph [39] is a leash attached to clip 13 of Bell) securable to the fastener and/or the adapter.
Re claims 7 and 16, said animal waste storage device comprises a plastic animal waste storage device (see first sentence of paragraph [43] of Bell).
Re claims 10 and 20, the waste bag is provided as clearly stated in paragraph [41] of Bell.
Response to Arguments
Applicant’s arguments have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bell and Denham.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733
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