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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12 May 2026 has been entered.
Response to Amendment
Receipt is acknowledged of an amendment, filed 12 May 2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-20 are pending.
Claims 1, 19, and 20 are amended.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 12 May 2026.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-13, 15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dunn et al. (US Patent Publ. No. 2020/0339343) in view of Rousso et al. (US Patent Publ. No. 2009/0127260).
With respect to claim 1, Dunn et al. disclose a diaper pail (diaper pail assembly 10, fig. 9), comprising: a housing (housing 12); and a hinged lid assembly attached to the housing (lid member 14, internal lid 114, support structure 300, waste chamber 113, figs. 1A, 1B, 4), the lid assembly having: a first lid that allows access to an interior of a flexible bag assembly housed within the housing (lid member 14 opens to expose interior of flexible bag assembly, fig. 1A); a second lid that allows access to a top structure of the flexible bag assembly housed within the housing (internal lid 114 opens to expose bag or cassette, fig. 1A); a replaceable third lid cartridge that accommodates the flexible bag assembly (support structure 300 and waste chamber 113 support a bag or cassette, fig. 1B, [0042]); and a pair of planar sheets that pinch a portion of a bag formed by the flexible bag assembly (gripping mechanism 54 including a plurality of resilient members of flexible material to pinch and restrict the bag to form an odor seal, [0052], [0063], fig. 13).
As shown in figure 4, the third lid cartridge (support structure 300, waste chamber 113) is comprised of attached pieces that are also attached to pieces of the housing 12, and therefore the third lid cartridge is considered to be replaceable. Since the pieces are attached, the pieces may also be unattached and replaced. Further, the insertable cassette 310, which is supported by the support structure 300, is disclosed as replaceable. Accordingly, the insertable cassette 310 portion of the third lid cartridge is replaceable.
The lid assembly of Dunn et al. (lid member 14, internal lid 114, support structure 300, waste chamber 113) includes a hinge 16, and therefore is considered to be a hinged lid assembly. The lid member 14 and internal lid 114 close onto the support structure 300 via the hinge 16, and therefore the support structure 300 and waste chamber 113 are considered to be part of the hinged lid assembly.
Insofar as Dunn et al. could be considered not to comprise a hinged lid assembly, Rousso et al. disclose a diaper pail (fig. 1) including a top portion 12, including the lid 16 and the cassette holder (fig. 3), and a bottom portion 14, in which the top and bottom portions are attached by a hinge 124.
It 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 to modify the Dunn et al. apparatus to include the lid assembly attached by a hinge to the housing as taught by Rousso et al., to provide greater access to the interior of the housing for cleaning.
Dunn et al. fail to disclose that the sheets overlap with each other, wherein part of a lower surface of a first planar sheet overlaps part of an upper surface of a second planar sheet to pinch the portion of the bag.
Rousso et al. disclose in a similar type of system that it is old and well known to have a pair of planar sheets that overlap with each other and wherein part of a lower surface of a first planar sheet overlaps part of an upper surface of a second planar sheet to pinch the portion of the bag (edges 668, 670 of planar sheets 638, 640 form an overlapped area 692 mitigating odor emanation, fig. 42, [0157]-[0158]).
It 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 to modify the Dunn et al. device to substitute overlapping planar sheets as taught by Rousso et al., for the sheets of Dunn et al. to further mitigate odor. In this instance, a skilled artisan would have recognized that the substitution of the overlapping sheets from the Rousso et al. reference for the sheets of the Dunn et al. reference involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have substituted one known element for another and the results of the substitution would have been predictable.
With respect to claim 2, Dunn et al. disclose the flexible bag assembly (flexible bag assembly 110, [0041]) comprises a single use flexible bag having an attachment frame (single-use flexible bag 212 in frame 214, fig. 9, [0069], [0070]).
With respect to claim 3, Dunn et al. disclose the attachment frame is secured to the third lid cartridge (frame 214 is supported in support structure 200, fig. 9, [0069], [0070]).
With respect to claim 4, Dunn et al. disclose the flexible bag assembly comprises a cassette adapted to dispense a flexible tubing (cassette 310 including a length of flexible tubing 312, fig. 10).
With respect to claim 5, Dunn et al. disclose the cassette is secured to the third lid cartridge (cassette 310 is supported in support structure 300, fig. 10, [0069]).
With respect to claim 6, Dunn et al. disclose the second lid and the third lid cartridge both have a central opening (internal lid 114, support structure 300, and waste chamber 113 include a central opening, figs. 1A, 1B, 2).
With respect to claim 7, the Dunn et al. device, as modified by Rousso et al. above, teaches the device of claim 1, wherein the lid assembly rotates about a first hinge attached to the housing (the top portion 12 rotates about the hinge 124) attached to the bottom portion 14.
With respect to claim 8, Dunn et al. disclose the first lid and the second lid rotate about a second hinge attached to an upper end of the lid assembly (lid 14 is connected to housing 12 by hinge mechanism 16, lid 14 shown open in fig. 1A and closed in fig. 3, internal lid 114 pivots open on hinge 16 to expose bag or cassette, internal lid shown open in fig. 1A and closed in fig. 2).
With respect to claim 9, the Dunn et al. device, as modified by Rousso et al. above, teaches the device of claim 1, wherein the pair of planar sheets are positioned at a skewed angle relative to each other (the sheets 638, 640 are positioned at a skewed angle relative to each other when at a position between the closed position, fig. 42, and the open position, fig. 43).
With respect to claim 10, Dunn et al. disclose the pair of planar sheets are secured by an outer circular frame (gripping mechanism 54 is secured by a circular frame, fig. 1A).
With respect to claim 11, Dunn et al. disclose the outer circular frame is positioned in the third lid cartridge (gripping mechanism 54 frame is secured to support structure 300, waste chamber 113, figs. 1A).
With respect to claim 12, the Dunn et al. device, as modified by Rousso et al. above, teaches the device of claim 10, wherein the pair of planar sheets are composed of elastic material (the hinge may be an elastically deformable portion of the sheet members, [0132]).
With respect to claim 13, the Dunn et al. device, as modified by Rousso et al. above, teaches the device of claim 10, comprising a linear gap formed by the overlap (the sheets 638, 640 are positioned with a linear gap formed therebetween when at a position between the closed position, fig. 42, and the open position, fig. 43)).
With respect to claim 15, the Dunn et al. device, as modified by Rousso et al. above, teaches the device of claim 10, wherein one of the planar sheets is positioned lower than the other planar sheet (fig. 42).
With respect to claim 19, Dunn et al. disclose a diaper pail (diaper pail assembly 10, fig. 9), comprising: a housing having an upper end and a lower end (housing 12 having upper and lower ends, fig. 1A); and a hinged lid assembly attached to the upper end (lid member 14, internal lid 114, support structure 300, waste chamber 113, figs. 1A, 1B, 4), the lid assembly having: a first lid that allows access to an interior of a flexible bag assembly housed within the housing (lid member 14 opens to expose interior of flexible bag assembly, fig. 1A); a second lid that is pivotally attached to the first lid by a hinge and allows access to a top structure of the flexible bag assembly housed within the housing (internal lid 114 pivots open on hinge 16 to expose bag or cassette, internal lid shown open in fig. 1A and closed in fig. 2); a replaceable third lid cartridge that accommodates the flexible bag assembly (support structure 300 and waste chamber 113 support a bag or cassette, fig. 1B, [0042]); and a pair of planar sheets secured in a circular frame positioned within the third lid cartridge, such that the planar sheets pinch a portion of a bag formed by the flexible bag assembly (gripping mechanism 54 including a plurality of resilient members of flexible material to pinch and restrict the bag to form an odor seal, gripping mechanism 54 secured in circular frame, [0052], [0063], figs. 2, 13).
As shown in figure 4, the third lid cartridge (support structure 300, waste chamber 113) is comprised of attached pieces that are also attached to pieces of the housing 12, and therefore the third lid cartridge is considered to be replaceable. Since the pieces are attached, the pieces may also be unattached and replaced. Further, the insertable cassette 310, which is supported by the support structure 300, is disclosed as replaceable. Accordingly, the insertable cassette 310 portion of the third lid cartridge is replaceable.
The lid assembly of Dunn et al. (lid member 14, internal lid 114, support structure 300, waste chamber 113) includes a hinge 16, and therefore is considered to be a hinged lid assembly. The lid member 14 and internal lid 114 close onto the support structure 300 via the hinge 16, and therefore the support structure 300 and waste chamber 113 are considered to be part of the hinged lid assembly.
Insofar as Dunn et al. could be considered not to comprise a hinged lid assembly, Rousso et al. disclose a diaper pail (fig. 1) including a top portion 12, including the lid 16 and the cassette holder (fig. 3), and a bottom portion 14, in which the top and bottom portions are attached by a hinge 124.
It 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 to modify the Dunn et al. apparatus to include the lid assembly attached by a hinge to the housing as taught by Rousso et al., to provide greater access to the interior of the housing for cleaning.
Dunn et al. fail to disclose that the sheets overlap with each other, wherein part of a lower surface of a first planar sheet overlaps part of an upper surface of a second planar sheet to pinch the portion of the bag.
Rousso et al. disclose in a similar type of system that it is old and well known to have a pair of planar sheets that overlap with each other and wherein part of a lower surface of a first planar sheet overlaps part of an upper surface of a second planar sheet to pinch the portion of the bag (edges 668, 670 of planar sheets 638, 640 form an overlapped area 692 mitigating odor emanation, fig. 42, [0157]-[0158]).
It 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 to modify the Dunn et al. device to substitute overlapping planar sheets as taught by Rousso et al., for the sheets of Dunn et al. to further mitigate odor. In this instance, a skilled artisan would have recognized that the substitution of the overlapping sheets from the Rousso et al. reference for the sheets of the Dunn et al. reference involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have substituted one known element for another and the results of the substitution would have been predictable.
With respect to claim 20, Dunn et al. disclose a diaper pail (diaper pail assembly 10, fig. 9), comprising: a housing having an upper end and a lower end (housing 12 having upper and lower ends, fig. 1A); and a hinged lid assembly attached to the upper end (lid member 14, internal lid 114, support structure 300, waste chamber 113, figs. 1A, 1B, 4), the lid assembly having: a first lid that allows access to an interior of a flexible bag assembly housed within the housing (lid member 14 opens to expose interior of flexible bag assembly, fig. 1A); a second lid that is pivotally attached to the first lid by a second hinge and allows access to a top structure of the flexible bag assembly housed within the housing (internal lid 114 pivots open on hinge 16 to expose bag or cassette, internal lid shown open in fig. 1A and closed in fig. 2); a replaceable third lid cartridge that accommodates the flexible bag assembly (support structure 300 and waste chamber 113 support a bag or cassette, fig. 1B, [0042]); and a pair of planar sheets positioned within the third lid cartridge, such that the planar sheets pinch a portion of a bag formed by the flexible bag assembly (gripping mechanism 54 including a plurality of resilient members of flexible material to pinch and restrict the bag to form an odor seal, [0052], [0063], figs. 2, 13).
The lid assembly (lid member 14, internal lid 114, support structure 300, waste chamber 113) includes a second hinge 16, and therefore is considered to be a hinged lid assembly. The lid member 14 and internal lid 114 close onto the support structure 300 via the hinge 16, and therefore the support structure 300 and waste chamber 113 are considered to be part of the hinged lid assembly.
As shown in figure 4, the third lid cartridge (support structure 300, waste chamber 113) is comprised of attached pieces that are also attached to pieces of the housing 12, and therefore the third lid cartridge is considered to be replaceable. Since the pieces are attached, the pieces may also be unattached and replaced. Further, the insertable cassette 310, which is supported by the support structure 300, is disclosed as replaceable. Accordingly, the insertable cassette 310 portion of the third lid cartridge is replaceable.
The lid assembly of Dunn et al. (lid member 14, internal lid 114, support structure 300, waste chamber 113) includes a hinge 16, and therefore is considered to be a hinged lid assembly. The lid member 14 and internal lid 114 close onto the support structure 300 via the hinge 16, and therefore the support structure 300 and waste chamber 113 are considered to be part of the hinged lid assembly.
Insofar as Dunn et al. could be considered not to comprise a hinged lid assembly, Rousso et al. disclose a diaper pail (fig. 1) including a top portion 12, including the lid 16 and the cassette holder (fig. 3), and a bottom portion 14, in which the top and bottom portions are attached by a hinge 124.
It 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 to modify the Dunn et al. apparatus to include the lid assembly attached by a hinge to the housing as taught by Rousso et al., to provide greater access to the interior of the housing for cleaning.
Dunn et al. fail to disclose that the sheets overlap with each other such that one of the planar sheets is partially positioned below the other planar sheet, wherein part of a lower surface of a first planar sheet overlaps part of an upper surface of a second planar sheet to pinch the portion of the bag.
Rousso et al. disclose in a similar type of system that it is old and well known to have a pair of planar sheets that overlap with each other such that one of the planar sheets is partially positioned below the other planar sheet, and wherein part of a lower surface of a first planar sheet overlaps part of an upper surface of a second planar sheet to pinch the portion of the bag (edges 668, 670 of planar sheets 638, 640 form an overlapped area 692 mitigating odor emanation, fig. 42, [0157]-[0158]).
It 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 to modify the Dunn et al. device to substitute overlapping planar sheets as taught by Rousso et al., for the sheets of Dunn et al. to further mitigate odor. In this instance, a skilled artisan would have recognized that the substitution of the overlapping sheets from the Rousso et al. reference for the sheets of the Dunn et al. reference involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have substituted one known element for another and the results of the substitution would have been predictable.
Response to Arguments
Applicant’s arguments with respect to claims 1, 19, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 14 and 16-18 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:
With respect to claim 14, the prior art fails to disclose or teach the device of claim 13, wherein the linear gap is a chord which extends from one point on the circular frame to another point on the circular frame, the chord not being a diameter of the circular frame.
With respect to claim 16, the prior art fails to disclose or teach the device of claim 15, wherein the lower planar sheet has a U-shaped end that curves to an underside of the lower surface of the lower planar sheet.
Claims 17-18 depend from claim 16 and would likewise be allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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/LINDA J. HODGE/Primary Examiner, Art Unit 3731
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