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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 14, 2026 has been entered.
Response to Amendment
This Non-final Rejection is in response to the Response After Final Action dated April 14, 2026 filed in response to the Final Rejection dated February 24, 2026.
The 35 U.S.C. 102(a)(1) rejection in the previous Office action is withdrawn in view of the amendments made to claim 1 distinguishing the claim from anticipation by the cited prior art reference. However, claim 1 is unpatentable under 35 U.S.C. 103 over the cited art as explained below.
The 35 U.S.C. 103 rejections in the previous Office action are modified to the extent they rely upon the rejection of claim 1.
Response to Arguments
Applicant’s arguments, see pages 6-9, filed April 14, 2026, with respect to the rejection of the claims under 35 U.S.C. 102(a)(1) 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 Therefore, the rejection has been withdrawn.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 the amendments made to claim 1 as explained below.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-5, 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over European Patent Application Publication No. EP 3 020 544 A1 by Out, hereinafter “Out”.
Regarding claim 1, Out discloses a device for collecting and compacting waste (device 1 in Figs. 1-3; ¶[0013]) comprising
a) a container (container 3 in Figs. 1-3; ¶[0014]) for accommodating a waste bag (bag 2 in Figs 1 and 2; ¶[0013]), the container comprising side walls (container 3 in Figs. 1-3 is shown with sidewalls), a moving base plate (base plate piston 4 in Figs. 1 and 2; ¶[0014]) inside and a first seal (see “First Seal” annotation to Fig. 2 of Out reproduced below) at an opening (opening 5 in Fig. 2; ¶[0014]),
b) a cover (cover lid 11 in Fig. 1; ¶[0016]) with a second seal (the inner side of lid 11 is a second seal), wherein the cover is configured and arranged such that:
the cover can be brought to an open position with respect to the opening of the container, so that the opening of the container is accessible for placing the waste bag inside (Figs. 1-3 show lid 11 in an open position so that waste bag 2 may be placed inside container 3), and
the cover can be brought to a closed position with respect to the opening of the container, so that the cover interacts positively with the opening of the container such that the waste bag placed inside the container between the first seal and the second seal can be sealed airtight against the cover (lid 11 is closed against opening 5 of container 3 such that bag 2 draped over opening 5 can be sealed airtight between the First Seal and the inner side of lid 11; ¶[0014]),
c) means for producing compressed air (air pump 8 and passage means 10 in Fig. 1; ¶[0014], [0015] and [0019]),
d) means for producing negative pressure (air pump 8 in Figs. 1-3; ¶[0014], [0015], and [0019]), and
e) means for heat sealing the waste bag placed inside the container when the cover is in the closed position, wherein the means are situated at the opening of the container and/or on the cover (heat sealing unit 12 in Fig. 2 cooperates with a lid closed sensor to heat seal bag 2 airtight when lid 11 is closed; ¶[0017] and [0018]), wherein:
an aspiration opening such that when the lid is in the closed position, a gaseous atmosphere can be partially aspirated from the interior of a waste bag placed inside the container by means of the means for producing negative pressure (¶[0016] discloses an aspiration opening aspirates air to the outside when piston 4 and the objects within bag 2 and bag 2 are compressed against the inner side of lid 11 by air pump 8 moving piston 4 upward. During this compression, air within bag 2 is at least partially aspirated through a carbon filter so that stench from objects within bag 2 is not released to the outside.),
when the opening is closed, the container is sealed airtight,
the base plate of the container can be moved with respect to the side walls and, in the closed position, in the direction of the cover (¶[0014] through [0016] disclose when opening 5 is closed, container 3 is sealed airtight such that base plate piston 4 can be moved with respect to the sidewalls of container 3 in the direction of closed lid 11),
the device has means for moving the base plate with respect to the side walls (passage means 10 in Fig. 1 move piston 4 with respect to the side walls of container 3 by compressing air pumped into lower section 3-1 of container 3 in Fig. 1 by air pump 8; ¶[0015]), and
the container has an inlet port for compressed air, which, controlled by means of an inlet valve, can be charged with compressed air supplied by the means for producing compressed air (container 3 has inlet port A in Fig. 1 controlled by inlet valve 13 shown in Fig. 4 such that air pumped into lower section 3-1 of container 3 is compressed therein; ¶[0020] and [0021]).
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The location of the aspiration opening disclosed in paragraph [0016] is not expressly given. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to arrange the disclosed aspiration opening in lid 11 to readily allow gases from inside bag 2 to be compressed out of the bag during the compression thereof and released through the carbon filter to prevent odor from being expelled.
Regarding claim 3, Out renders the device according to claim 1 unpatentable as explained above. Out further discloses the means for moving the base plate (passage means 10 in Fig. 1) is driven by compressed air supplied by the means for producing compressed air (air pump 8 in Fig. 1). Passage means 10 prevents air compressed within lower section 3-1 from escaping through air ducts 7 in Fig. 1 which drives piston 4 upward within container 3.
Regarding claim 4, Out renders the device according to claim 1 unpatentable as explained above. Out further discloses the device is configured so that the compressed air used for the means for moving the base plate (passage means 10 in Fig. 1) can also be delivered to the inlet port (port A in Fig. 1), controlled by an inlet valve (valve 13 in Fig. 4).
Regarding claim 5, Out renders the device according to claim 1 unpatentable as explained above. Out further discloses the means for moving the base plate (passage means 10 in Fig. 1) are pneumatically operated and comprise one or more pneumatic cylinders or one or more pneumatic bellows (passage means 10 in Fig. 1 close off air ducts 7 to make lower section 3-1 of container 1 into a pneumatic cylinder which moves piston 4).
Regarding claim 7, Out renders the device according to claim 1 unpatentable as explained above. Out further discloses the means for producing negative pressure comprises a carbon filter. Paragraph [0016] discloses a carbon filter filters air moved by pump 8.
Regarding claim 9, Out renders the device according to claim 1 unpatentable as explained above. Out further discloses wherein the device has means for attaching a waste bag on the opening of the container. See “Attaching Means” annotation to Fig. 3 of Out reproduced below.
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Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Out in view of Japanese Patent No. JP H07-323397 A by Kashima, hereinafter “Kashima”. Citation of Kashima is made to the European Patent Office translation.
Regarding claim 2, Out renders the device according to claim 1 unpatentable as explained above. However, Out does not disclose the cover comprises means for perforating the waste bag.
In the same field of waste compactors, Kashima teaches it was known before the effective filing date of the claimed invention to incorporate means for perforating the waste bag in the compactor’s cover. See Fig. 6 of Kashima and its corresponding written description at paragraph [0024].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate sharply cut pipes into lid 11 of Out’s device as a means for perforating bag 2 in the same way Kashima teaches. A person of ordinary skill would have recognized applying the teaching of Kashima to Out’s device would achieve the predictable result of Out’s device with bag-perforating means incorporated into the lid.
Claims 6, 10-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Out in view of Swiss Patent No. CH 700 180 B1 by Hovland, hereinafter “Hovland”. Citation of Hovland is made to the European Patent Office translation.
Regarding claim 6, Out renders the device according to claim 1 unpatentable as explained above. However, Out does not disclose the means for producing negative pressure are arranged in the cover. Out’s air pump 8 is arranged adjacent cover lid 11 as shown in Figs. 1-3.
In the same field of waste compactors, Hovland teaches it was known before the effective filing date of the claimed invention to incorporate a suction turbine into the cover of a trash compactor. See Figs. 1, 2a and 2b of Hovland and the corresponding written description in paragraphs [0002] and [0004].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to arrange Out’s air pump 8 on lid 11 in the same way Hovland teaches. A person of ordinary skill would have recognized applying the teaching of Hovland to Out’s device would achieve the predictable result of Out’s device with air pump 8 arranged on lid 11.
Regarding claim 10, Out discloses a method for collecting and compacting waste comprising the step of aspirating part of the gaseous atmosphere from the waste bag that contains waste, and mechanically compressing the waste bag with external air pressure loading of the waste bag, wherein a device according to claim 1 is used. See paragraphs [0014]-[0017] and the rejection of claim 1 above. However, Out does not disclose a method of simultaneously aspirating gaseous atmosphere from the waste bag while mechanically compressing the waste bag using external air pressure loading.
In the same field of waste compactors, Hovland teaches it was known before the effective filing date of the claimed invention to incorporate a suction turbine into the cover of a trash compactor to aspirate gaseous atmosphere from the waste bag. See Figs. 1, 2a and 2b of Hovland and the corresponding written description in paragraph [0006].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine Hovland’s waste compactor with Out’s waste compactor with each performing their same functions as they do separately. A person of ordinary skill in the art would have recognized replacing Out’s lid 11 with Hovland’s lid 2 and suction turbine 3 would achieve the predictable result of Out’s device where Hovland’s suction turbine 3 may be used to aspirate gaseous atmosphere from Out’s waste bag 2 while Out’s air pump 8 simultaneously pumps air into lower section 3-1 of Out’s container 3 to apply external air pressure loading to the outside of bag 2 by piston 4 being moved upward by compressed air within lower portion 3-1.
Regarding claim 11, the prior art reference combination of Out in view of Hovland renders the method according to claim 10 unpatentable as explained above. The prior art reference combination does not expressly state a sequence of first performing mechanical compression, then aspirating the gaseous atmosphere from the waste bag, followed by simultaneous aspiration and mechanical compression. However, there is a finite number of potential sequence combinations such that a person of ordinary skill could have pursued the known potential sequence combinations with a reasonable expectation of arriving at the particular sequence claimed in claim 11.
Regarding claim 13, the prior art reference combination of Out in view of Hovland renders the method according to claim 10 unpatentable as explained above. Out further discloses a step of sealing the waste bag by heat sealing during or after aspiration of part of the gaseous atmosphere from the waste bag. Paragraph [0017] discloses waste bag 2 is heat-sealed after waste has been compressed.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Out in view of World Intellectual Property Organization Publication No. WO 2020/180196 A1 by Wilhelmsen et al., hereinafter “Wilhelmsen”.
Regarding claim 8, Out renders the device according to claim 1 unpatentable as explained above. However, Out does not disclose the cover has means for irradiating the interior of the container with UV light.
In the same field of waste compactors, Wilhelmsen teaches it was known before the effective filing date of the claimed invention to incorporate an ultra-violet light in the compactor cover for irradiating the interior of the container. See page 26, lines 7-11.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an ultra-violet light in Out’s lid 11 to irradiate the interior of container 3 in the same way Wilhelmsen teaches. A person of ordinary skill would have recognized applying the teaching of Wilhelmsen to Out’s device would achieve the predictable result of Out’s device with an ultra-violet light.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Out in view of Hovland and further in view of Kashima.
Regarding claim 12, the prior art reference combination of Out in view of Hovland renders the method according to claim 10 unpatentable as explained above. However, the prior art reference combination does not disclose nor teach perforation and aspiration through a perforation port as claimed in claim 12.
In the same field of waste compactors, Kashima teaches it was known before the effective filing date of the claimed invention to incorporate means for perforating the waste bag in the compactor’s cover. See Fig. 6 of Kashima and its corresponding written description at paragraph [0024]. Fig. 10 of Kashima and its corresponding written description at paragraph [0026] teach pipes 24a and 24b act as perforation ports allowing gaseous atmosphere to aspirate from punctured waste bags.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate sharply cut pipes into lid 11 of Out’s device as a means for perforating bag 2 with perforation ports in the same way Kashima teaches. A person of ordinary skill would have recognized applying the teaching of Kashima to Out’s device would achieve the predictable result of Out’s device with bag-perforating means and perforation ports incorporated into the lid.
Conclusion
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/P DEREK PRESSLEY/Examiner, Art Unit 3725
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