DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 102
2. 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 –
(e) the invention was described in a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title before the invention thereof by the applicant for patent.
3. Claims 2-11, 14, 19-20 are rejected under 35 U.S.C. 102(e) as being anticipated by USPN 9,309,048 to Mashburn.
As to claim 2, Mashburn teaches a trash can assembly (col. 2: lines 53 – col. 3: lines 60) comprising: a body comprising a front wall, a rear wall, a base, an upper opening, and an upper lip and a lid that is rotatable between a closed position and an open position(col. 5: lines 58 – col. 6: lines 11 & col. 9: lines 25-41 wherein a trash can has a body with walls, a base and a lid that is rotatable between a closed position and an open position); a trim that is rotatable between a lower resting position and an upper retained position, the trim comprising an exterior front surface that has a top edge and a bottom edge, the exterior front surface being flat between the top and bottom edges, wherein with the lid in the closed position and the trim in the lower resting position(col. 5: lines 58-64 & col. 13: lines 15-37): the exterior front surface is farther frontward than any other portion of the trim and the top edge of the exterior front surface is above the upper lip of the body and the bottom edge of the exterior front surface is below the upper lip of the body and a retainer configured to maintain the trim in the upper retained position; the trash can assembly configured to receive a trash bag in the body and to maintain a mouth of the trash bag in a position horizontally inward from the exterior front surface of the trim(col. 5: lines 65 – col. 6: lines 11, col. 6: lines 50 -col. 7: lines 4 & col. 13: lines 15-37 wherein apparatus and method are taught for trash can system which has surfaces, trims and retaining mechanism for the system).
As to claim 3, Mashburn teaches the trash can assembly of Claim 2, wherein the trim and the lid are rotatable about a common axis of rotation(col. 9: lines 25-41).
As to claim 4, Mashburn teaches the trash can assembly of Claim 2, wherein, with the lid in the closed position and the trim in the lower resting position, the trash can assembly obscures the top edge of the trash bag from the view of a user in front of the trash can assembly(col. 10: lines 28-39).
As to claim 5, Mashburn teaches the trash can assembly of Claim 2, further comprising a liner support member supported by the body and configured to support the trash bag at least partly within the body(col. 7: lines 44-63).
As to claim 6, Mashburn The trash can assembly of Claim 2, wherein the retainer comprises a ramp on the body and a tooth on the trim, the tooth configured to engage the ramp(col. 6: lines 29-44).
As to claim 7, Mashburn teaches the trash can assembly of Claim 2, wherein the trim further comprises a trash bag retention feature(col. 7: lines 44-63), the trash bag retention feature comprising a hook(col. 5: lines 65 – col. 6: lines 11 wherein the hinge bracket is equivalent to a hook).
As to claim 8, Mashburn teaches the trash can assembly of Claim 2, wherein the trash can assembly is configured to pinch the trash bag between the trim and the upper lip(col. 5: lines 65 – col. 6: lines 11 wherein the hinge bracket is configured to pinch the trash bag between the trim and the upper lip).
As to claim 9, Mashburn teaches a combination comprising the trash can assembly of Claim 2 and the trash bag(col. 7: lines 44-63).
As to claim 10, Mashburn teaches a trash can assembly (col. 2: lines 53 – col. 3: lines 60) comprising: a body comprising a lower base, an upper opening, a front wall, a rear wall, an upper lip, and a front upper edge(col. 5: lines 58 – col. 6: lines 11 & col. 9: lines 25-41 wherein a trash can has a body with walls, a base and a lid that is rotatable between a closed position and an open position); a first lid hinge portion and a second lid hinge portion(col. 5: lines 65 – col. 6: lines 11); a lid configured to rotate, relative to the body and via the first and second lid hinges, between a lower position and an upper position(col. 5: lines 58-64 & col. 13: lines 15-37); a first trim hinge portion and a second trim hinge portion, the first and second trim hinge portions spaced farther horizontally apart than the first and second lid hinge portions(col. 5: lines 65 – col. 6: lines 11); a trim configured to rotate, via the first and second trim hinge portions, between a closed position and an open position, wherein: in the closed position, a front of the trim is adjacent the front upper edge of the body and in the open position, the front of the trim is spaced apart from and vertically higher than the front upper edge of the body(col. 5: lines 65 – col. 6: lines 11, col. 6: lines 50 -col. 7: lines 4 & col. 13: lines 15-37 wherein apparatus and method are taught for trash can system which has surfaces, trims and retaining mechanism for the system); a power transmission device configured to drive the lid between the lower position and the upper position, the power transmission device comprising a motor or a pedal(col. 5: lines 65 – col. 6: lines 11) and a retainer configured to maintain the trim in the open position against the force of gravity(col. 2: lines 53-67 wherein the hydraulic component is configured to maintain the lid & trim in the open position against the force of gravity).
As to claim 11, Mashburn teaches the trash can of Claim 10, wherein the trim and the lid are configured to rotate around a shared pivot axis(col. 9: lines 25-41).
As to claim 14, Mashburn teaches a trash can assembly (col. 2: lines 53 – col. 3: lines 60) comprising: a body comprising a front wall, a rear wall, a base, an upper opening, and an upper lip and a lid that is rotatable between a closed position and an open position(col. 5: lines 58 – col. 6: lines 11 & col. 9: lines 25-41 wherein a trash can has a body with walls, a base and a lid that is rotatable between a closed position and an open position); a trim that is rotatable between a lower resting position and an upper retained position, the trim comprising an exterior front surface with a top edge and a bottom edge, the exterior front surface being flat between the top and bottom edges, wherein with the lid in the closed position and the trim in the lower resting position(col. 5: lines 58-64 & col. 13: lines 15-37): the exterior front surface is farther frontward than any other portion of the trim; and the top edge of the exterior front surface is above the upper lip of the body and the bottom edge of the exterior front surface is below the upper lip of the body and a retainer configured to engage to maintain the trim in the upper retained position, the retainer comprising a first cam connected to the trim and a second cam connected to the body, the first and second cams located rearward of the rear wall(col. 5: lines 65 – col. 6: lines 11, col. 6: lines 50 -col. 7: lines 4 & col. 13: lines 15-37 wherein apparatus and method are taught for trash can system which has surfaces, trims and retaining mechanism for the system).
As to claim 19, Mashburn teaches the trash can assembly of Claim 14, further comprising a liner support member supported by the body and configured to support the trash bag at least partly within the body(col. 3: lines 49-60)
As to claim 20, Mashburn teaches the trash can assembly of Claim 14, wherein the trash can assembly is configured receive a trash bag in the body and to maintain a mouth of the trash bag in a position horizontally inward from the exterior front surface of the trim(col. 7: lines 44-63).
Claim Rejections - 35 USC § 103
4. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
5. Claims 12-13, 15-18 are rejected under 35 U.S.C. 103(a) as being unpatentable over USPN 9,309,048 to Mashburn, and in view of USPN 3,942,430 to Day.
As to claim 12, Mashburn teaches the trash can of Claim 10. Mashburn does not teach an apparatus wherein the housing extends rearwardly from the rear wall a distance of less than or equal to 1/5th of the distance between the outside surface of the rear wall and the front-most portion of the front wall.
Day teaches a flexible/movable housing for a trash processing equipment(col. 3: lines 5-58).
Thus, it would have been obvious to one of ordinary skill in the art at the time of
the invention was made to implement the teachings of Day into Mashburn since Mashburn
suggests a trash can and Day suggests the beneficial use of a flexible/movable housing for a trash
processing equipment in the analogous art of trash processing technology.
The motivation for this comes from the fact that Day teaches a flexible/movable housing for a trash processing equipment which can be readily modified to produce an invention as claimed in claim 12.
As to claim 13, Mashburn in view of day teaches a flexible/movable housing for a trash processing equipment which can be readily modified to produce an invention as claimed in claim 13 by a person of ordinary skill in the art.
As to claim 15, Mashburn in view of day teaches the trash can assembly of Claim 14, wherein the first cam comprises a tooth and the second cam comprises a ramp along which the tooth slides(Day col. 9: lines 48-64).
As to claim 16, Mashburn in view of day teaches the trash can assembly of Claim 15, wherein the second cam further comprises a recess that receives the tooth(Day col. 9: lines 48-64).
As to claims 17 and 18, Mashburn in view of day teaches the trash can assembly of Claim 14. It would be obvious for a person of ordinary skill in the art to modify the teaching of Mashburn in view of day to produce the invention as claimed in those claims because Mashburn in view of day teaches a movable lid/trim (Mashburn col. 10: lines 28-39) and cam (Day col. 9: lines 48-64) for a trash processing equipment.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
USPN 6,837,393 to Kuo discloses a garbage can system.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID S LUO whose telephone number is (571)270-5251. The examiner can normally be reached 8AM-5PM.
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, Eduardo Colon-Santana can be reached at 571-272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID LUO/Primary Examiner, Art Unit 2837
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