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
Claims 1-12, 16 and 18 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 17 November 2025.
Applicant failed to provide claim selections for the elected species. The Office used its discretion in withdrawing claims 16 and 18 as the non-elected claims directed to non-elected species. Claims 13-15, 17, 19 and 20 will be treated on their merits.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-15, 17, 19 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
There is much confusion about the word “opening.” There are two claimed openings. For example, in Fig. 18 there is an opening 24 defined in the floor and in Fig. 9 there is an opening 126 defined in the dispenser body along a portion of the apex. Both openings are trash container openings as each resides on the trash container and both are dispenser openings because each resides adjacent to the dispenser or dispensing compartment.
Claim 13 recites the limitation "the opening" in line 7. There is insufficient antecedent basis for this limitation in the claim. Which opening? A first introduced opening is introduced in line 2 of claim 13 and a second introduced opening is introduced in line 7 of claim 13. Office suggest identifying these as a “first opening” and a “second opening” to avoid the confusion about which opening is being referenced.
Claim 13 recites the limitation "the opening" in line 11. There is insufficient antecedent basis for this limitation in the claim. Which opening?
Claim 13 recites the limitation "the opening" in lines 12 and 13. There is insufficient antecedent basis for this limitation in the claim. Which opening?
Claim 14 recites the limitation "the opening" in line 1. There is insufficient antecedent basis for this limitation in the claim. Which opening?
Claim 20 recites the limitation "the opening" in line 1. There is insufficient antecedent basis for this limitation in the claim. Which opening?
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.
Claim(s) 13-15, 17, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurd (US 5632401) in view of Rouse et al. (US 7108150) (Rouse).
Hurd discloses a trash container assembly comprising: a trash container 12 defining an interior space and having a first opening (drainage aperture 26 at bottom wall 24 of recess 22) in the trash container; a dispenser (recess 22 and pair of spring-hinged lids 38) positioned adjacent to and over the opening, the dispenser comprising: a body having first and second walls (lids 38), the first and second walls meeting along an apex of the body (the lids 38 are biased inwards by a spring such that the lids meet at their upper edges); a second opening (when the lids are opened, this defines the second opening as the upper edges of the lids 38 are spaced apart) defined in the body along a portion of the apex, the opening (both openings) configured to receive a trash container liner therethrough; and an interior (recess 22 and space beneath lids 38) defined by the first wall and the second wall, the interior operable to receive a plurality of the trash container liners (liner dispensing box 44 is received in the interior). Hurd fails to disclose a selectively removable cover. Rouse teaches a selectively removable cover (base member 12) disposed over a bottom trash container opening 82, when the selectively removable cover is removed from the opening in the trash container, a trash container liner (trash bag B) may be admitted to the interior of the dispenser through the opening. It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the bottom wall 24 of recess 22 to be removable to allow bottom access to the trash container for placement of trash liners in the liner storage recess as a matter of convenience to make the bottom more easily accessible and to alleviate the reach needed to access the compartment from the top opening. The removability of the bottom wall will in no manner destroy or inhibit the performance or use of a drainage aperture in the bottom wall.
Re claim 14, the opening (both openings) is along a floor of the trash container.
Re claim 15, the dispenser is releasably attached to the floor of the trash container. Insofar as the lids are considered the dispenser and Official notice is taken that it is well known that spring hinged lids can be configured to be removably attached. It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the dispenser to be removably attached in order to replace or repair damaged lids 38 rather than having to replace the entire trash container.
Re claim 17, the dispenser is located in a central portion of the floor of the trash container.
Re claim 19, the selectively removable cover is a slidably coupled to the trash container and configured to slide laterally to expose the opening.
Re claim 20, the opening (both openings) is located in a wall of the trash container.
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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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733