DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
(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) ) 1-7, 9, 12-15 are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by Wodzianski (AU 2007202426 A1). Wodzianski was cited previously and a copy provided with the previous Office Action.
Regarding claim 1, Wodzianski discloses a bin attachment 10 for closing a pivotally openable lid 23 of a bin, fig. 3, comprising:
a resilient cylindrical clip configured to releasably secure the bin attachment to the bin via a handle thereof;
a first arm 11 extending from the resilient cylindrical clip 13 (attachment portion) and configured to engage an upper surface of the lid; and
a second arm 12 extending at an angle relative to the first arm, the second arm being configured to abut against a body of the bin and limit opening of the lid to less than about 90 degrees (75 to 80 degrees, page 6: 10-25) such that, when unsupported, the lid pivots under its own weight to a closed position (page 6: 19-21: “maximum of about 75° to 80° using the device 10, it is substantially ensured that the bin lid 23 will fall back to its closed position.”
Regarding claims 2-4, Wodzianski discloses the resilient cylindrical clip is disposed generally between the first arm and the second arms, fig. 1 and 2, and comprises an opening at 19 configured to rotatably receive the bin handle. Wodzianski discloses that the arm rotates until the second arm 12 engages the bin, page 6: 10-15 such that at least one of the arms pivots about the handle as the lid is pivoted such that the lid cannot be opened beyond approximately 90 degrees from an upper plane of the body of the bin as applied above.
Regarding claim 5, Wodzianski discloses that the first arm and the second arms are interconnected by the resilient cylindrical clip, fig. 1 and 2; and
the resilient cylindrical clip configured to be urged over the bin handle so as to be releasably securable thereto, page 5:11-25.
Regarding claim 6, the clip of Wodzianski has two curved portions pointing away from the bin when connected, fig. 1-3, such that as the arm push together, the resiliency of the clip inherently causes the cylindrical clip to tightens or closes over the handle as the lid is opened so as to resist against opening thereof, especially when attempting to push past the limited opening angle.
Regarding claim 7, Wodzianski discloses that the device is generally resilient, page 6: 24-26, as such, extending the lid past the designed max opening inherently causes the resilient clip to spring-bias the lid toward the closed position, page 6: 22-23.
Regarding claim 9, as seen in fig. 2, Wodzianski teaches the tail end at 16 has a curve that points toward the first arm (in the same direction as the first arm) and as seen in fig. 3, is configured, in use, to abut the body of the bin.
Regarding claim 12, Wodzianski discloses that the first arm comprises a head end which curves toward the second arm and is configured, in use, to abut an upper surface of the lid, fig. 3.
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Regarding claim 13, Wodzianski discloses the first arm is configured to resiliently deform and spring-bias the lid to the closed position as the lid is opened, page 6: 22-23.
Regarding claim 14, Wodzianski discloses the first arm and the second arm are integrally formed with the resilient cylindrical clip, fig. 1 and 2.
Regarding claim 15, Wodzianski discloses that the bin attachment is made from a single plastic, page 4: 4-5, but does not disclose a means for manufacturing. The limitation molded is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).) Whether the clip of Wodzianski is molded or not, the end result is the same claimed structure, a unitarily formed, integral, plastic device.
Claim Rejections - 35 USC § 103
Claim(s) 8, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wodzianski as applied to claims 3 and 6 and above, and further in view of Sherrard et al. (US 2015/0298904).
Regarding claim 8, the references applied above teach all of claim 6, as applied above. Wodzianski does not disclose how tightly the clip is in contact with the handle.
However, Sherrard is analogous art in regard to a closing device for automatically closing a trash bin cover. Sherrard teaches a bin attachment 10 for closing a pivotally openable lid 16 of a bin 12, [0055], fig. 4a comprising a clip at 20 with two arms 22 and 24. The clip 20 engages the handle 18 of a trash bin with full contact, fig. 18a and 18b. Because of the contact, there is frictional engagement between the handle and the clip.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the clip of Wodzianski to fit tightly around the handle in order to provide stability for maintaining the clip in position.
Sherrard as modified above results in a first resistance caused by the friction between the clip and the handle as the lid comes into contact with the first arm and before the second arm is in contact with the bin, and then a second resistance as the lid opens to be in contact with the first arm and the second arm is in contact with the bin.
Regarding claims 10 and 11, the references applied above teach all of claim 3, as applied above. Wodzianski discloses the first arm is configured to resiliently deform and spring-bias the lid to the closed position as the lid is opened, page 6: 22-23.
Wodzianski discloses that when attached to the bin, the second arm engages the rear wall of the bin, page 6: 10. However the clip of Wodzianski is capable of rotating around the handle, page 6:12-13: the second arm prevents the first arm from rotating further. In addition, Wodzianski discloses that the angle of the arm 11 can be adjusted for setting the maximum opening angle or adjusted to retain the lid in the closed position, page 7: 3-11.
Sherrard is analogous art in regard to a closing device for automatically closing a trash bin cover. Sherrard teaches a bin attachment 10 for closing a pivotally openable lid 16 of a bin 12, [0055], fig. 4a comprising a clip at 20 with two arms 22 and 24.
Sherrard teaches that as the lid is lifted, it comes into contact with arm 24, [0065]. As seen in fig. 4a-4c, the arm is in contact with the lid including when the lid is opened to 30 degrees and beyond and due to the resilient nature of the device, the arm 24 is flexed back and applies a force to close the bin [0065].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lid contacting arm of Wodzianski to be in contact with the lid starting at a small angle as taught by Sherrard in order to assist the lid to the closed position even in the event that the lid somehow flexes beyond an angle that would allow the bin to close under its own weight, the arm will bias the lid closed.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 MOLLIE L IMPINK whose telephone number is (571)270-1705. The examiner can normally be reached Monday-Friday (7:30-3:30).
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/MOLLIE IMPINK/Primary Examiner, Art Unit 3799
MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799