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 .
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.
Claim(s) 1-9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (U.S. Pub. No. 20160101001) in view of Goodfield (U.S. Pub. No. 20140054293), Davis (U.S. Patent No. 2644737) and Tubbs (U.S. Patent No. 6656514).
Regarding Claim 1, Young et al. discloses a waste disposal assembly 10 (Figure 1) comprising: a bin 14 (Figure 1) having an interior space being configured to receive a trash bag wherein the bin is configured to store trash within the trash bag (Figure 1); a bin opening 60 (Figure 1) extending into the interior space of the bin; a lid 62 (Figure 1) being pivotably coupled to the bin, the lid being positionable to selectively cover and expose the bin opening; a seal 56 (Figure 1) being coupled to the bin, the seal extending across the bin opening (Figure 1), wherein the seal is configured to inhibit airflow outwardly from the interior space and wherein the seal is configured to inhibit odors from trash stored within the trash bag from being diffused outwardly from the bin (figure 1); and a drawer 82 (Figure 1) being coupled to the bin, the drawer being configured to store a plurality of sanitary products. Young et al. does not disclose a pedal being coupled to the bin, the pedal being couped to the lid wherein the pedal is actuatable to position the lid to selectively cover and expose the bin opening and the seal comprising a rubber material and the seal comprising a plurality of leaves being pivotably coupled to an inside surface of the bin, the plurality of leaves extending outwardly from the inside surface of the bin to a center of the bin opening, each of the leaves having opposed arcuate edges extending from the inside surface of the bin, the plurality of leaves intersecting and abutting with one another at the center of the bin opening wherein the plurality of leaves is positioned to fully cover the bin opening, the plurality of leaves being pivotable wherein the plurality of leaves is configured to allow a user to deposit trash into the trash bag through the plurality of leaves. However, Davis teaches a pedal 25 (Figure 1)being coupled to the bin, the pedal being couped to the lid wherein the pedal is actuatable to position the lid to selectively cover and expose the bin opening and Goodfield teaches the seal comprising a rubber material (paragraph 27) and Tubbs teaches the seal comprising a plurality of leaves 16 (Figure 1) being pivotably coupled to an inside surface of the bin (Figure 2), the plurality of leaves extending outwardly from the inside surface of the bin to a center of the bin opening (Figure 1), each of the leaves having opposed arcuate edges extending from the inside surface of the bin (Figure 1), the plurality of leaves intersecting and abutting with one another at the center of the bin opening wherein the plurality of leaves is positioned to fully cover the bin opening (Figure 4), the plurality of leaves being pivotable (Figure 2) wherein the plurality of leaves is configured to allow a user to deposit trash into the trash bag through the plurality of leaves (Figure 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Young et al. to include the above, as taught by Davis, Tubbs and Goodfield, in order to allow for easy opening of the container if the hands are full and to have a durable, fully covered seal.
Regarding Claim 2, Young et al. the drawer is positioned within the interior space wherein the drawer is exposed when the lid is positioned to expose the bin opening (Figure 1) and wherein the drawer is covered when the lid is positioned to cover the bin opening (Figure 1).
Regarding Claim 3, Goodfield teaches the drawer is positioned above the seal wherein the drawer is configured to be accessible to a user when the lid is opened and when the seal is closed (Figure 3) in order to provide a more accessible position.
Regarding Claim 4, Young et al. discloses the drawer is slidably coupled to the bin wherein the drawer is slidable outwardly from a peripheral wall of the bin to expose a drawer interior of the drawer (Figure 4).
Regarding Claim 5, Young et al. discloses the drawer further comprising: a drawer front wall being coplanar with an outer surface of the peripheral wall of the bin when the drawer is fully closed (Figure 1 and 4); a pair of drawer lateral walls being coupled to and extending outwardly from the drawer front wall (Figure 5); and a drawer rear wall being coupled to and extending between the pair of drawer lateral walls (Figure 1).
Regarding Claim 6, Young et al. discloses the bin is cylindrical (Figure 1) and wherein the drawer front wall is arcuate wherein the drawer front wall is flush with the outer surface of the peripheral wall when the drawer is fully closed (Figure 1).
Regarding Claim 7, Young et al. discloses the pair of drawer lateral walls is perpendicular to the drawer front wall (Figure 1 and 5).
Regarding Claim 8, Young et al. discloses the drawer rear wall is positioned against the peripheral wall of the bin when the drawer is fully opened wherein the drawer interior is fully exposed when the drawer is fully opened (Figure 4).
Regarding Claim 9, Young et al. teaches all the limitations substantially as claimed except for the drawer rear wall is arcuate between the pair of drawer lateral walls. However, it would have been an obvious matter of design choice to have the above since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. MPEP2144.04(IV)(B).
Regarding Claim 18, Goodfield teaches a gasket being coupled to the lid (paragraph 27), the gasket comprising a rubber material wherein the gasket is configured to seal a junction between the bin and the lid when the lid is positioned over the bin opening to inhibit airflow outwardly from the interior space and wherein the gasket is configured to inhibit odors from trash stored within the trash bag from being diffused outwardly from the bin (paragraph 27).
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (U.S. Pub. No. 20160101001) in view of Davis (U.S. Patent No. 2644737), Goodfield (U.S. Pub. No. 20140054293), Tubbs (U.S. Patent No. 6656514) and Williams (U.S. Patent No. 5255967).
Regarding Claim 10-13, Young et al., Davis, Goodfield and Tubbs teach all the limitations substantially as claimed except for a pair of drawer dividers being coupled to and extending between the drawer front wall and the drawer rear wall to define a plurality of drawer sections within the drawer interior; each of the drawer front wall and the pair of drawer lateral walls have a drawer upper edge defining a drawer opening into the drawer interior, each drawer divider of the pair of drawer dividers having a divider top edge being coplanar with the drawer upper edge; the pair of drawer dividers are spaced from each other and the pair of drawer dividers are parallel to each other. However, Williams teaches a pair of drawer dividers 18 (Figure 2) being coupled to and extending between the drawer front wall and the drawer rear wall to define a plurality of drawer sections within the drawer interior (Figure 2); each of the drawer front wall and the pair of drawer lateral walls have a drawer upper edge defining a drawer opening into the drawer interior (Figure 2), each drawer divider of the pair of drawer dividers having a divider top edge being coplanar with the drawer upper edge (Figure 2); the pair of drawer dividers are spaced from each other and the pair of drawer dividers are parallel to each other (Figure 2). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Young et al., Davis, Goodfield and Tubbs to include the above, as taught by Williams, in order to separate items and organize them in the drawer.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (U.S. Pub. No. 20160101001) in view of Davis (U.S. Patent No. 2644737), Goodfield (U.S. Pub. No. 20140054293), Tubbs (U.S. Patent No. 6656514) and Simon (DE19546984).
Regarding Claims 14 and 15, Young et al., Davis, Goodfield and Tubbs teach all the limitations substantially as claimed except for a lower lip being coupled to and extending downwardly from the drawer rear wall, the lower lip abutting the peripheral wall when the drawer is fully opened to inhibit the drawer from being decoupled from the peripheral wall and an upper lip being coupled to and extending upwardly from the drawer rear wall, the upper lip abutting the peripheral wall when the drawer is fully opened to inhibit the drawer from being decoupled from the peripheral wall. However, Simon teaches a lower lip (Figure 2a) being coupled to and extending downwardly from the drawer rear wall, the lower lip abutting the peripheral wall when the drawer is fully opened to inhibit the drawer from being decoupled from the peripheral wall and an upper lip (Figure 2a) being coupled to and extending upwardly from the drawer rear wall, the upper lip abutting the peripheral wall when the drawer is fully opened to inhibit the drawer from being decoupled from the peripheral wall (figure 2a). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Young et al., Davis, Goodfield and Tubbs to include the above, as taught by Simon, in order to prevent the drawer from falling out.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (U.S. Pub. No. 20160101001) in view of Davis (U.S. Patent No. 2644737), Goodfield (U.S. Pub. No. 20140054293), Tubbs (U.S. Patent No. 6656514) and Whitaker (U.S. Patent No. 3955706).
Regarding Claim 16, Young et al., Davis, Goodfield and Tubbs teach all the limitations substantially as claimed except for a cutout extending into the bin wherein the cutout is configured to receive a deodorizer pod. However, Whitaker teaches a cutout extending into the bin wherein the cutout is configured to receive a deodorizer pod 3 (Figure 2). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Young et al., Davis, Tubbs and Goodfield to include the above, as taught by Whitaker, in order to hold the deodorizer in place.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. (U.S. Pub. No. 20160101001) in view of Davis (U.S. Patent No. 2644737), Goodfield (U.S. Pub. No. 20140054293), Williams (U.S. Patent No. 5255967), Simon (DE19546984), Tubbs (U.S. Patent No. 6656514) and Whitaker (U.S. Patent No. 3955706).
Regarding Claim 19, Young et al. discloses a waste disposal assembly 10 (Figure 1) comprising: a bin 14 (Figure 1) having a top wall, a bottom wall, and a peripheral wall being coupled to and extending between the top wall and the bottom wall to define an interior space (Figure 1), the interior space being configured to receive a trash bag wherein the bin is configured to store trash within the trash (Figure 1), the bin being cylindrical (Figure 1); a bin opening extending through the top wall into the interior space of the bin (Figure 1), the bin opening being centrally positioned on the top wall (Figure 1); a lid 62 (figure 1) being pivotably coupled to the bin, the lid being positionable to selectively cover and expose the bin opening (Figure 1), the lid having an inner surface (Figure 1), the inner surface facing the bin opening when the lid is positioned to cover the bin opening (Figure 1); a seal 56 (Figure 1) being coupled to the bin, the seal extending across the bin opening (figure 1), wherein the seal is configured to inhibit airflow outwardly from the interior space and wherein the seal is configured to inhibit odors from trash stored within the trash bag from being diffused outwardly from the bin (Figure 1), the seal including: a plurality of leaves 56 (Figure 1) being pivotably coupled to an inside surface of the peripheral wall, the plurality of leaves extending outwardly from the inside surface of the peripheral wall to a center of the bin opening (Figure 1), the plurality of leaves being positioned adjacent to the top wall (Figure 1), the plurality of leaves being pivotable downwardly wherein the plurality of leaves is configured to allow the user to deposit trash into the trash bag through the plurality of leaves (Figure 1); a drawer 82 (Figure 1) being coupled to the bin, the drawer having a drawer interior being configured to store a plurality of sanitary products (Figure 1 and 5), the drawer being slidably coupled to the peripheral wall wherein the drawer is slidable outwardly from the peripheral wall to expose the drawer interior (Figure 4), the drawer including: a drawer front wall being coplanar with an outer surface of the peripheral wall of the bin when the drawer is fully closed (figure 1), the drawer front wall being arcuate wherein the drawer front wall is flush with the outer surface of the peripheral wall when the drawer is fully closed (Figure 1); a pair of drawer lateral walls being coupled to and extending outwardly from the drawer front wall (figure 1 and 5), the pair of drawer lateral walls being perpendicular to the drawer front wall (Figure 1), the pair of drawer lateral walls being parallel to each other (figure 5); a drawer rear wall being coupled to and extending between the pair of drawer lateral walls (Figure 5), the drawer rear wall being positioned against the peripheral wall of the bin when the drawer is fully opened wherein the drawer interior is fully exposed when the drawer is fully opened (Figure 4); each of the drawer front wall and the pair of drawer lateral walls having a drawer upper edge defining a drawer opening into the drawer interior (Figure 5); a drawer handle 84 (figure 1) being coupled to the drawer, the drawer handle extending outwardly from the drawer front wall wherein the drawer handle is configured to facilitate the user in sliding the drawer outwardly and inwardly relative to the peripheral wall (Figure 1); a recess extending into the peripheral wall of the bin, the recess having a shape being complementary to the drawer wherein the recess is configured to receive the drawer (figure 4 and 5). Young et al. does not disclose the bin having a height between 20.0 inches and 35.0 inches; a pedal being coupled to the bin, the pedal being couped to the lid wherein the pedal is actuatable to position the lid to selectively cover and expose the bin opening, the pedal including: a plate extending outwardly from the peripheral wall of the bin, the plate being positioned proximate to the bottom wall wherein the plate is configured for manipulation by a foot of a user, the plate being pivotable between an elevated position and a depressed position wherein pressure on the plate lowers the plate into the depressed position, the plate being in physical contact with the bottom wall when the plate is in the depressed position, the plate pivoting into the elevated position when pressure is removed from the plate, the plate being angled to extend upwardly from the bottom wall and outwardly from the peripheral wall when the plate is in the elevated position; a leg being coupled to the plate, the leg extending outwardly from the plate, the leg being positioned in the interior space adjacent to the bottom wall; an arm being pivotably coupled to the leg, the arm extending upwardly from the leg to the lid, the leg urging the arm upwards when the plate is pivoted downward to the depressed position wherein application of pressure on the plate lifts the lid to expose the bin opening, the leg urging the arm downwards when the plate is pivoted upward to the elevated position wherein removal of pressure from the plate lowers the lid to cover the bin opening; a gasket being coupled to the lid, the gasket being in physical contact with the seal when the lid is positioned to cover the bin opening, the gasket being positioned on a perimeter edge of the inner surface of the lid, the gasket comprising a rubber material wherein the gasket is configured to seal a junction between the bin and the lid when the lid is positioned over the bin opening to inhibit airflow outwardly from the interior space and wherein the gasket is configured to inhibit odors from trash stored within the trash bag from being diffused outwardly from the bin; the seal comprising a rubber material; the drawer rear wall being arcuate between the pair of drawer lateral walls; a lower lip being coupled to and extending downwardly from the drawer rear wall, the lower lip being coplanar with the drawer rear wall, the lower lip abutting the peripheral wall when the drawer is fully opened to inhibit the drawer from being decoupled from the peripheral wall; an upper lip being coupled to and extending upwardly from the drawer rear wall, the upper lip being coplanar with the drawer rear wall, the upper lip being aligned with the lower lip across the drawer rear wall, the upper lip abutting the peripheral wall when the drawer is fully opened to inhibit the drawer from being decoupled from the peripheral wall; and a pair of drawer dividers being coupled to and extending between the drawer front wall and the drawer rear wall to define a plurality of drawer sections within the drawer interior, each drawer divider of the pair of drawer dividers having a divider top edge being coplanar with the drawer upper edge, the pair of drawer dividers being spaced from each other, the pair of drawer dividers being parallel to each other, the pair of drawer dividers being parallel to the pair of drawer lateral walls; and a cutout extending into the top wall wherein the cutout is configured to receive a deodorizer pod, the cutout being positioned adjacent to the bin opening and each of the leaves having opposed arcuate edges extending from the inside surface of the bin, the plurality of leaves intersecting and abutting with one another at the center of the bin opening wherein the plurality of leaves is positioned to fully cover the bin opening. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have a bin having a height between 20 inches and 35 inches since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. MPEP 2144.05(III)(C) and to have the drawer rear wall being arcuate between the pair of drawer lateral walls since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04(IV(B). Davis teaches a pedal 25 (Figure 1) being coupled to the bin (Figure 1) , the pedal being couped to the lid wherein the pedal is actuatable to position the lid to selectively cover and expose the bin opening (Figure 2), the pedal including: a plate 25 (Figure 1) extending outwardly from the peripheral wall of the bin (Figure 1), the plate being positioned proximate to the bottom wall (Figure 1), wherein the plate is configured for manipulation by a foot of a user (Figure 1), the plate being pivotable between an elevated position and a depressed position wherein pressure on the plate lowers the plate into the depressed position (figure 1), the plate being in physical contact with the bottom wall when the plate is in the depressed position (Figure 1), the plate pivoting into the elevated position when pressure is removed from the plate (Figure 1), the plate being angled to extend upwardly from the bottom wall and outwardly from the peripheral wall when the plate is in the elevated position (Figure 1); a leg 56 (Figure 2) being coupled to the plate, the leg extending outwardly from the plate, the leg being positioned in the interior space adjacent to the bottom wall; an arm 60 (Figure 2) being pivotably coupled to the leg (Figure 2), the arm extending upwardly from the leg to the lid (Figure 2), the leg urging the arm upwards when the plate is pivoted downward to the depressed position wherein application of pressure on the plate lifts the lid to expose the bin opening (Figure 2), the leg urging the arm downwards when the plate is pivoted upward to the elevated position wherein removal of pressure from the plate lowers the lid to cover the bin opening (Figure 2). Goodfield teaches a gasket being coupled to the lid (paragraph 27), the gasket being in physical contact with the seal when the lid is positioned to cover the bin opening (paragraph 27), the gasket being positioned on a perimeter edge of the inner surface of the lid (paragraph 27), the gasket comprising a rubber material (paragraph 27) wherein the gasket is configured to seal a junction between the bin and the lid when the lid is positioned over the bin opening to inhibit airflow outwardly from the interior space and wherein the gasket is configured to inhibit odors from trash stored within the trash bag from being diffused outwardly from the bin (paragraph 27); the seal comprising a rubber material (paragraph 27). Simon teaches a lower lip (Figure 2a) being coupled to and extending downwardly from the drawer rear wall, the lower lip being coplanar with the drawer rear wall (Figure 2a), the lower lip abutting the peripheral wall when the drawer is fully opened to inhibit the drawer from being decoupled from the peripheral wall (Figure 2a); an upper lip (Figure 2a) being coupled to and extending upwardly from the drawer rear wall (Figure 2a), the upper lip being coplanar with the drawer rear wall (Figure 2a), the upper lip being aligned with the lower lip across the drawer rear wall (Figure 2a), the upper lip abutting the peripheral wall when the drawer is fully opened to inhibit the drawer from being decoupled from the peripheral wall (Figure 2a). Williams teaches a pair of drawer dividers 18 (Figure 2) being coupled to and extending between the drawer front wall and the drawer rear wall to define a plurality of drawer sections within the drawer interior (Figure 2), each drawer divider of the pair of drawer dividers having a divider top edge being coplanar with the drawer upper edge (Figure 2), the pair of drawer dividers being spaced from each other (Figure 2), the pair of drawer dividers being parallel to each other (Figure 2), the pair of drawer dividers being parallel to the pair of drawer lateral walls (Figure 2). Whitaker teaches a cutout extending into the top wall wherein the cutout is configured to receive a deodorizer pod, the cutout being positioned adjacent to the bin opening 3 (figure 2). Tubbs teaches each of the leaves having opposed arcuate edges extending from the inside surface of the bin (Figure 1), the plurality of leaves intersecting and abutting with one another at the center of the bin opening wherein the plurality of leaves is positioned to fully cover the bin opening (Figure 1 and 4). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Young et al. to include the above, as taught by Davis, Goodfield, Williams, Simon, Whitaker and Tubbs in order to easily open the lid, provide a seal to prevent odor release, prevent the drawer from falling out, dividing the drawer to organize items, and to hold the deodorizer in place.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 have been considered but are moot because the new ground of rejection does not rely on any reference 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 ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN JENNESS can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/E.J.V/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733