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 .
This action is written in response to the amendment filed 10/07/2025
Claim 1 has been amended and claims 5-6, 8, 10 and 12-14 have been cancelled
Claims 1-4, 7, 9 and 11 are presented for examination
This action is Final
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.
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.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hannihan (US 2013/0126388) in view of Reilly et al. (US 2021/0163183) in view of Sullivan (US 11,497,661).
Claim 1. Hannahan discloses disposable diaper changing kit comprising:
a container 10 comprising side panels 12, 14 connected thereto,
wherein said container comprises a tear-off cover to seal 30 said open end of said container prior to use, said tear-off cover being fully separable from a main portion of said container ([0021]; fig. 1-2); and
consumer materials 202, 204 disposed within the container,
wherein said consumer materials are stored within said container when said container is in the collapsed position (fig. 5).
Hannahan fails to disclose a base panel. Reilly teaches a container comprising a base panel 180 wherein said container is expandable from a collapsed position in which said side panels and said base panel are folded over (fig. 1-2) and an expanded position in which said side panels are transverse to said base panel and together define a free-standing receptacle with an open end to receive used or soiled items dropped therein (fig. 4A-4B). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the bag of Hannahan to include the multiple modes of operation found in Reilly for storing, transporting and accessing products.
Hannahan fails to disclose diaper changing materials. Sullivan teaches diaper changing materials comprising a disposable diaper 102 and disposable wipes 110,
wherein said diaper changing materials are stored within said container when said container is in the collapsed position (fig. 1-2). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the products of Hannahan to include the diaper changing materials of Sullivan to assist providing the necessary products for accommodating the needs of the consumer.
Claim 3. Hannahan-Reilly-Sullivan discloses the disposable diaper changing kit of claim 1, wherein said diaper changing materials comprise a disposable hand sanitizing packet 202 (Hannahan; [0024]).
Claim(s) 2, 4, 7, 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hannihan (US 2013/0126388) in view of Reilly et al. (US 2021/0163183) in view of Sullivan (US 11,497,661) in view of Sherrill (US 2010/0078351).
Claim 2. Hannahan-Reilly-Sullivan the disposable diaper changing kit of claim 1, but fails to disclose a changing mat. Sherrill teaches wherein said diaper changing materials comprise a disposable changing mat 60 ([0033]; fig. 2-6). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the bag components of Hannihan to include the changing mat of Sherrill to better protect the user against surface contaminants.
Claim 4. Hannahan-Reilly-Sullivan discloses the disposable diaper changing kit of claim 2, wherein said diaper changing materials comprise a disposable hand sanitizing packet 202 (Hannahan; [0024]).
Claim 7. Hannahan-Reilly-Sullivan discloses the disposable diaper changing kit of claim 4, wherein said side panels have a height substantially greater than a width of said base panel (Hannahan; fig. 1).
Claim 9. Hannahan-Reilly-Sullivan discloses the disposable diaper changing kit of claim 4, wherein said container comprises a sealing structure 126 configured to seal said open end of said container after used or soiled items are dropped into said container (Hannahan; [0023]).
Claim 11. Hannahan-Reilly-Sullivan the disposable diaper changing kit of claim 4, wherein said base panel and said side panels comprise a semi-rigid material (Reilly; [0089]).
Response to Arguments
Applicant's arguments with respect to the claims have been considered but in view of the amendment the search has been updated, new prior art has been identified and applied, and a new rejection has been made.
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 RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735