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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Species I (claims 1-15) in the reply filed on 8/9/2025 is acknowledged. However, upon further review, claims 4-8, 10-11 appear to be directed to non-elected embodiments and is thus hereby WITHDRAWN. Claims 1-3, 9, 12-15 are examined accordingly.
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 “step” in claim 3 must be shown or the feature(s) canceled from the claim(s). 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.
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 1-3, 9, 12-15 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.
Regarding claim 1, “the opening”, “the receiving bags” lacks antecedent basis and it is not clear what they are referring to. Regarding claim 3, “the inner edge or outer edge” lack antecedent basis and it is unclear what it is referring to. Regarding claim 14, “the bottom surface”, “the inner side surface”, the outer side surface”, “the upper surface”, “the connection” lack antecedent basis and it is unclear what they are referring to. Regarding claim 15, “the bag body” lack antecedent basis and it is unclear what it is referring to.
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) 1-2, 12-13, 15, as best understood, is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Patent No. 8,955,706 to Gagnebin.
Regarding claim 1, Gagnebin discloses a storage basket (1, Fig 1) comprising a receiving cylinder (2), with a bearing component (4) positioned at the opening of the receiving cylinder, a receiving bag (21) with a supporting opening component (23) positioned at the opening of the bag, one or more of the bag (21) can be arranged inside the receiving cylinder (Fig 4), wherein the supporting opening component (23) can be installed on the bearing component (4) to form a stable storage space for the receiving bag inside the receiving cylinder (Fig 4, col. 3, ll. 10-15).
Regarding claim 2, Gagnebin discloses supporting opening component (23) has at least three supporting points (anywhere along its periphery) forming a stable contact surface allowing the supporting opening component (23) to stably rest against bearing component (4) (Fig 4).
Regarding claim 12, Gagnebin further discloses supporting opening component having a supporting frame (23) with supporting strength, the frame made of metal (col. 4, ll. 60-65).
Regarding claim 13, Gagnebin further discloses supporting frame (23) wrapped and connected to opening of the receiving bag (21) (col. 3, ll. 9-12).
Regarding claim 15, Gagnebin further discloses bearing component (4) has at least one bearing opening (7), each bearing opening used to place at least one receiving bag (21), the bag body of the receiving bag made of soft PE (col. 4, ll. 60-65).
Claim(s) 1-3, 9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Patent No. 5,341,952 to Goglio.
Regarding claim 1, Goglio discloses a storage basket (Fig 1) comprising a receiving cylinder (1), with a bearing component (3) positioned at the opening of the receiving cylinder, a receiving bag (2) with a supporting opening component (12) positioned at the opening of the bag, one or more of the bag can be arranged inside the receiving cylinder (Fig 2), wherein the supporting opening component (12) can be installed on the bearing component (3) to form a stable storage space for the receiving bag inside the receiving cylinder (Fig 3, col. 2, ll. 38-42).
Regarding claim 2, Goglio discloses supporting opening component (12) has at least three supporting points (around the periphery) forming a stable contact surface allowing the supporting opening component (12) to stably rest against bearing component (3).
Regarding claim 3, Goglio further discloses the inner or outer edge of the bearing component (3) concave downward, forming a step (10) with a downwardly concave inner edge or outer edge, the supporting opening component (12) stably rests on step (10) of bearing component (3) (Fig 3).
Regarding claim 9, Goglio further discloses supporting opening component (12) provided with one or more bent portions (corners) which can directly abut on the bearing component (3) since it has the structure as recited.
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gagnebin in view of US Patent No. 3,457,706 to Fesco.
Regarding claim 14, Gagnebin teaches the basket of claim 12 and further discloses bottom surface of the supporting frame (23) connected to receiving bag (21) (Fig 4, col. 3, ll. 9-12) but does not teach supporting frame bag connected by adhesive, Velcro or slot engagement. However, Fesco discloses a bag (Fig 3) and in particular discloses the bag comprising a supporting frame (28) connected to a bag (10) by adhesive (54). One of ordinary skill in the art would have found it obvious to attach the Gagnebin bag and frame with adhesive as suggested by Fesco in order to facilitate connection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT POON whose telephone number is (571)270-7425. The examiner can normally be reached Monday thru Friday, 8:30 am to 6:00 pm.
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/ROBERT POON/Examiner, Art Unit 3735