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 .
Election/Restrictions
This application contains claims directed to the following patentably distinct species:
Species I: Fig. 1: Embodiment I (structure 20 with bridges);
Species II: Fig. 16: Embodiment II (latching engagement);
Species III: Fig. 18: Embodiment III (circular configuration);
Species IV: Fig. 19: Embodiment IV (frontage); and
Species V: Fig. 22: Embodiment V (gap between lips).
The species are independent or distinct because each species has been mutually exclusively claimed. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, claim 1 appears generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
There is a serious search burden because the species are searchable in distinct search areas as follows:
Species I: B65F 1/06;
Species II: B65D 45/16;
Species III: B65F 2001/1676;
Species IV: B65F1/1607; and
Species V: B65F 1/14.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Dustin Szakalski on 9 February 2026 a provisional election was made with traverse to prosecute the invention of Species V, claims 1-6, 8-9, 11-13, 15, 19 and 20. Affirmation of this election must be made by applicant in replying to this Office action. Claims 7, 10, 14, 16-18, 21 and 22 have been withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Rejections - 35 USC § 102
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 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, 6, 11-13 and 20 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Bergaila (US 5836553).
Bergaila discloses a receptacle assembly (bag holder assembly 10, see Fig. 1-5) configured to accommodate a bag, the receptacle assembly comprising: a ring (lock ring 18) or a lid; a bin or a crown (bag support ring 12) comprising: at least one wall (inner side wall 46) defining an interior space; a mouth (top opening into interior space) in communication with the interior space; and a rim proximate to the mouth, the rim comprising: at least one lip (support ring protrusion 64R); and at least one structure (land 54 with top surface 58 and two side surfaces 56L, 56R), at least a portion of the at least one structure being at an elevation below the at least one lip (the structure is entirely below the lip), wherein, when the receptacle assembly is assembled, a rim-space is defined between the at least one wall and a peripheral portion of the receptacle assembly (between inner channel side wall 50R of inner side wall 46 and outer groove side wall 38L of groove 36 of the lock ring 18), the peripheral portion of the receptacle assembly comprising a peripheral portion of the ring (18) or the lid, the rim-space being configured to accommodate an edge and a border of the bag (see Fig. 1 and 4,the bag traverses through labyrinth-like passageway 62), and wherein, when the receptacle assembly is assembled, the at least one structure (54) extends into the rim-space (see Fig. 3 and 4).
Re claim 2, the rim comprises at least one gap along which the at least one lip (64R) does not extend. See Fig. 2 for gaps extend between the protrusions 64R.
Re claim 6, the land 54 is an upwardly extending rib, such that the at least one structure comprises at least one rib.
Re claim 11, the at least one structure comprises at least one guide (insofar as the land provides a guide for the surrounding surfaces 38R, 38L of lock ring 18 as shown in Fig. 2).
Re claim 12, the at least one structure comprises at least one riser (insofar as land 54 has vertical rising side surfaces 56L, 56R).
Re claim 13, the at least one structure comprises at least one cinch. A cinch is an element that develops a tight grip. The land 54 develops a tight grip on the bag surfaces by squeezing the bag between the land and corresponding lock ring surfaces.
Re claim 20, when receptacle assembly is assembled, the at least one lip extends (outwardly from inner side wall 46 as shown in Fig. 3 and 4) into the rim-space.
Claim(s) 1, 6, 8-9, 11-13 and 20 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Schairbaum (US 10131498).
Schairbaum discloses a receptacle assembly (trash receptacle 101 as shown in Fig. 1B) configured to accommodate a bag (trash bag 115), the receptacle assembly comprising: a ring or a lid (105); a bin or a crown (inner ring 111) comprising: at least one wall (vertical extending portion or longitudinal portion of ring 111) defining an interior space (space inward of inner surface of longitudinal portion); a mouth (opening at top of interior space) in communication with the interior space; and a rim proximate to the mouth, the rim comprising: at least one lip (outwardly extending horizontal portion of ring 111); and at least one structure (outer ring 109), at least a portion of the at least one structure being at an elevation below the at least one lip (the entire ring 109 extends below the lip), wherein, when the receptacle assembly is assembled, a rim-space is defined between the at least one wall and a peripheral portion of the receptacle assembly (between the outer surface of the longitudinal portion of ring 111 and the downwardly extending skirt portion of lid 105 as shown in Fig. 1B), the peripheral portion of the receptacle assembly comprising a peripheral portion (downwardly extending skirt portion of lid 105 as shown in Fig. 1B) of the ring or the lid, the rim-space being configured to accommodate an edge and a border of the bag (as bag is shown on right side of Fig. 1B within the rim-space), and wherein, when the receptacle assembly is assembled, the at least one structure extends into the rim-space (as the uppermost portion of the outer ring 109 has external thread engaging the internal threads of the skirt portion of lid 105 as shown in Fig. 1B).
Re claim 6, the at least one structure comprises at least one rib (the inwardly extending annular protrusion at the upper end of outer ring 109).
Re claim 8, the at least one structure comprises a pocket (insofar as the lower half of the outer ring 109 has a C-shaped in cross section outwardly open annular groove, this annular groove is considered a pocket).
Re claim 9, the at least one structure comprises a floor (the bottommost, outwardly and horizontally extending portion of outer ring 109 forms a floor).
Re claim 11, the at least one structure comprises at least one guide (insofar as the external threads of outer ring 109 guide the lid).
Re claim 12, the at least one structure comprises at least one riser (insofar as the outer ring 108 is vertically or longitudinally extending).
Re claim 13, the at least one structure comprises at least one cinch. A cinch is an element that develops a tight grip. The outer ring 109 develops a tight grip on the bag surfaces by squeezing the bag between the outer ring 109 and the lip of the inner ring 111.
Re claim 20, when receptacle assembly is assembled, the at least one lip extends (outwardly from the wall as shown in Fig. 1B) into the rim-space.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bergaila in view of Foster et al. (US 2022/0194698) (Foster).
Bergaila fails to disclose a barrier. Foster teaches at an upper end of the least one wall of container body 12 a barrier (the vertical or longitudinal portion of wall extending above lip 24) extends above the at least one lip (the lip 24 has an outward and horizontal extending portion and a downward and vertical extending portion) and, when the ring (collar 18 with horizontal portion 26) is fit over the rim, the barrier is adjacent to an inner edge of the ring (inner edge of horizontal portion 26 with lower surface 34 resting upon lip 24). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add a barrier as a reinforcement of the rim to prevent damage from multiple harsh impacts.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schairbaum.
Schairbaum fails to disclose a handle. Official notice is taken that handles are well known. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add a handle to provide for easy grasping and a firm and comfortable grip of the receptacle.
Allowable Subject Matter
Claims 3, 15 and 19 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.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Re claim 3, a search of the prior art did not find a double tapered wall portion above a juncture of the wall with a structure as by text searching (double near3 tapered) near4 (wall or sidewall) which reveals double tapered walls but just not above a juncture of the wall with a structure.
Re claim 15, a search of the prior art found only structures which fully surround the interior, such that a structure that doesn’t surround the interior was not found.
Re claim 19, a search of the prior art found only rings or lids which either latch with or friction fit engage with the bin or crown, such that a ring or lid that neither latches or friction fit engagement with the bin or crown was not found.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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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.
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733