DETAILED ACTION
This Office Action is responsive to application number 18/776,661 - COLLECTION CONTAINER, filed on 7/18/24. Claims 1-20 are pending.
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 § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 8 fails to limit claim 1 as the limitations are the same as those included in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hidas (US 10,130,293).
Regarding Claim 9 Hidas shows a collection container (100) comprising: a unitary body (at 110) including a first end (at 115a; left on page) and a second end (at 115b; right on page); a central recess (at 112) disposed between the first end and the second end; a first arm (115a) including a first handle (upturned end of 115a), the first arm extending between the first end and the central recess (Fig. 1); a second arm (115b) including a second handle (upturned end of 115b), the second arm extending between the second end and the central recess (Fig. 1), wherein the first arm and the second arm are disposed on a first plane (Figs. 1, 3 & 4a), the first handle and the second handle are disposed on a second plane (Figs. 1, 3 & 4a), and the first plane is different from the second plane (Figs. 1, 3 & 4a); and a first stopper (at 115a; first upward bend from the recess; Fig. 3) and a second stopper (at 115b; first upward bend from the recess; Fig. 3), each of the first stopper and the second stopper including an arcuate surface with a curvature configured to match a curvature of a toilet bowl (Fig. 4a).
Regarding Claim 10 Hidas shows the collection container of claim 9, wherein the first stopper includes an exterior portion adjacent (at 115a; second bend from the recess; Fig. 3) to the first handle and an interior portion adjacent (at 115a; first upward bend from the recess; Fig. 3) to the central recess.
Regarding Claim 11 Hidas shows the collection container of claim 10, wherein the second stopper includes an exterior portion (at 115b; second bend from the recess; Fig. 3) adjacent to the second handle and an interior portion adjacent to the central recess.
Regarding Claim 12 Hidas shows the collection container of claim 10, wherein the exterior portion defines a handle recess (at 115a, at 115b; Figs. 3 & 4a) ) on an underside of the collection container adjacent to the first handle.
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, 8, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hidas (US 10,130,293) in view of Enos et al. (US Pub. 2012/0316462).
Regarding Claim 1 Hidas shows a collection container (100) comprising: a unitary body (at 110) including a first end (at 115a; left on page) and a second end (at 115b; right on page); a central recess (at 112) disposed between the first end and the second end; a first arm (115a) including a first handle (upturned end of 115a), the first arm extending between the first end and the central recess (Fig. 1); a second arm (115b) including a second handle (upturned end of 115b), the second arm extending between the second end and the central recess (Fig. 1).
But Hidas fails to show a lip circumscribing the first end, the second end, and the central recess; and a support ridge formed on an underside of the collection container adjacent to the central recess. However, in another similar device Enos shows a lip circumscribing the first end, the second end, and the central recess (Fig. 4A; lip is circumscribing the device); and a support ridge formed on an underside of the collection container adjacent to the central recess (see Fig. 4 where ridges are shown on the underside of the collection container adjacent to the central recess (cup)). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hidas to include a lip circumscribing the first end, the second end and the central recess and a ridge on the underside of the collection container for the purpose of additional material and structural support of the recess/cup when containing the collection sample as shown by Enos.
Regarding Claim 8 Hidas as combined shows the collection container of claim 1, wherein the support ridge is formed adjacent to the central recess (at least on an end of the ridge; Fig. 4A).
Regarding Claim 13 Hidas shows the collection container of claim 9, but fails to show further comprising a support ridge formed on an underside of the collection container adjacent to the central recess. However, Enos shows a collection container with a ridge (see Fig. 4 where ridges are shown on the underside of the collection container adjacent to the central recess (cup)). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hidas to include a ridge on the underside of the collection container for the purpose of additional material and structural support of the recess/cup when containing the collection sample as shown by Enos.
Regarding Claim 14 Hidas as combined shows the collection container of claim 13, wherein the support ridge is formed adjacent to the central recess (at least on an end of the ridge; Fig. 4A).
Claim(s) 2 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hidas (US 10,130,293) in view of Sun (US 7,300,627).
Regarding Claim 2 Hidas shows the collection container of claim 1, but fails to show further comprising a collection spoon disposed on the unitary body. However, Sun shows a collection spoon (12) as a part of a unitary body of a collection container (10). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hidas to include a collection spoon disposed on the unitary body for the purpose of providing the user an easily accessible tool for obtaining the collection sample as shown by Sun.
Regarding Claim 15 Hidas shows the collection container of claim 9, but fails to show further comprising a collection spoon disposed on the unitary body. However, Sun shows a collection spoon (12) as a part of a unitary body of a collection container (10). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hidas to include a collection spoon disposed on the unitary body for the purpose of providing the user an easily accessible tool for obtaining the collection sample as shown by Sun.
Allowable Subject Matter
Claims 3-7 and 16-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Feidler et al. (US Pub. 2014/0329273) shows a similar device; Denman (US 8,079,562) shows the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached Monday thru Thursday, 9:30 AM to 6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID ANGWIN can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 12/10/2025