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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The throat section does not appear to have support in the specification.
Claim Rejections - 35 USC § 102
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 –
(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, 2, 4, 6 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsushita Electric Works Ltd (JPH0761503, noted as “Matsushita” below).
Regarding Claim 1, Matsushita discloses a method for using a waste disposal device (Figure 1), the waste disposal device including a container 2 (Figure 1) having an opening (Figure 1) at a top end and defining an inner cavity (Figure 1) accessible through the opening, and a bag closing mechanism 12 (Figure 1a) including a pair of doors 12 (Figure 1) located above the inner cavity and adapted to close off a portion of the bag passing therebetween (Figure 1), the method comprising: passing a free end of a bag through the opening of the container with a closed end of the bag extending in the inner cavity (Figure 1 and 6), the opening forming a throat section having a narrower cross-sectional area relative to and above a waste-receiving volume of the inner cavity (Figure 1a, inward extending portion of the bag), wherein passing the free end through the opening includes passing the free end between the pair of doors with at least a first door of the pair of doors is in a first pivoted open position (figure 1b); deploying the free end of the bag so as to have a bag open end above the pair of doors (Figure 1); and folding the bag open end over a bag interface extending along the opening 7 (Figure 1), the bag interface inward relative to a periphery of the container (upper portion inward of 7, Figure 1).
Regarding Claim 2, Matsushita discloses the first door of the pair of doors in the first pivoted open position extends inwardly toward the inner cavity (Figure 1b).
Regarding Claim 4, Matsushita discloses passing the free end of the bag through the opening includes pulling in an upward movement the free end of the bag dispensed from a base portion of the container (figure 6).
Regarding Claim 6, Matsushita discloses unfolding the bag open end from the bag interface, passing a filled bottom of the bag in upward movement through the throat section (figure 1a).
Regarding Claim 10, Matsushita discloses actuating an actuation mechanism 4 (figure 3) operatively connected to the first door to move the first door in the first pivoted open position towards the interior of the inner cavity (Figure 1b).
Regarding Claim 11, Matsushita discloses pivoting an annular base of a lid 3 (Figure 3) assembly in engagement with the folded bag open end covering the bag interface (Figure 3).
Regarding Claim 12, Matsushita discloses pivoting the annular base in engagement with the folded bag open includes engaging the bag interface covered by the folded bag open end between projections of the annular base (Figure 3).
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) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsushita Electric Works Ltd (JPH0761503, noted as “Matsushita” below) in view of Kasper (U.S. Patent No. 3851790).
Regarding Claim 8, Matsushita discloses folding the bag open end over the bag interface. Matsushita does not disclose folding the bag open end onto a pair of collars defined by the bag interface. However, Kasper teaches folding onto a pair of collars 20 (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 Matsushita to include the above, as taught by Kasper, in order to assist in holding the bag in place.
Regarding Claim 9, Kasper teaches holding the bag open end over the pair of collars includes hooking the bag open end on bag hooks 26 (Figure 1) located on outwardly facing surfaces of the pair of collars (Figure 1).
Claim(s) 13, 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsushita Electric Works Ltd (JPH0761503, noted as “Matsushita” below) in view of Tracy (U.S. Pub. No. 20100051493).
Regarding Claim 13, Matsushita teaches all the limitations substantially as claimed except for inserting a film dispensing cassette in a cassette compartment in a base portion of the container. However, Tracy teaches inserting a film dispensing cassette 14 (figure 2) in a cassette compartment in a base portion of the container (figure 3). 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 Matsushita to include the above, as taught by Tracy, in order to separate the film to allow for ease of dispensing.
Regarding Claim 16, Tracy teaches tearing off a cover flap (Figure 1; flap created by tear line 22) from a remainder of a cover of the film dispensing cassette prior to inserting the film dispensing cassette into the base portion of the container.
Regarding Claim 17, Tracy teaches the tearing off includes tearing off the cover flap along a tearing line delimiting the cover flap relative to a remainder of the cover 22 (Figure 1).
Claim(s) 13-15 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsushita Electric Works Ltd (JPH0761503, noted as “Matsushita” below) in view of 大日向 貞弘 (JPH0639805).
Regarding Claim 13, Matsushita teaches all the limitations substantially as claimed except for inserting a film dispensing cassette in a cassette compartment in a base portion of the container. However, 大日向 貞弘 teaches inserting a film dispensing cassette (Figure 2; bags 5) in a cassette compartment 3 (Figure 2) in a base portion of the container (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 Matsushita to include the above, as taught by Tracy, in order to separate the film to allow for ease of dispensing.
Regarding Claim 14, Matsushita teaches all the limitations substantially as claimed except for passing the free end of the bag through a window in the base portion, the window allowing access to the inner cavity from the cassette compartment. However, 大日向 貞弘 teaches passing the free end of the bag through a window 2 (Figure 2) in the base portion, the window allowing access to the inner cavity from the cassette compartment (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 Matsushita to include the above, as taught by 大日向 貞弘, in order to separate the film to allow for ease of dispensing into the inner cavity.
Regarding Claim 15, Matsushita teaches all the limitations substantially as claimed except for the inserting includes inserting the film dispensing cassette into a snap fit arrangement to retain the film dispensing cassette in the cassette compartment. However, 大日向 貞弘 teaches the inserting includes inserting the film dispensing cassette into a snap fit arrangement to retain the film dispensing cassette in the cassette compartment 3/4 (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 Matsushita to include the above, as taught by 大日向 貞弘, in order to help hold the film in place.
Regarding Claim 18, Matsushita teaches all the limitations substantially as claimed except for pulling the free end of the bag from a slit defined in a cover of the film dispensing cassette. However, 大日向 貞弘 teaches pulling the free end of the bag from a slit 2 (Figure 2) defined in a cover of the film dispensing cassette (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 Matsushita to include the above, as taught by 大日向 貞弘, in order to easily access a new bag.
Regarding Claim 19, Matsushita teaches all the limitations substantially as claimed except for pulling the free end in the upward movement includes pulling a subsequent bag attached to a bottom of the bag. However, 大日向 貞弘 teaches pulling the free end in the upward movement includes pulling a subsequent bag attached to a bottom of the bag (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 Matsushita to include the above, as taught by 大日向 貞弘, in order to easily access a new bag.
Regarding Claim 20, Matsushita teaches all the limitations substantially as claimed except for pulling of the subsequent bag includes pulling off the subsequent bag from a cassette located in a base portion of the container. However, 大日向 貞弘 teaches pulling of the subsequent bag includes pulling off the subsequent bag from a cassette located in a base portion of the container (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 Matsushita to include the above, as taught by 大日向 貞弘, in order to separate the film to allow for ease of dispensing.
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.
Allowable Subject Matter
Claims 3, 5 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The pair of doors extending upwardly into a second pivoted open position away from the inner cavity is considered allowable.
Conclusion
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.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733