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 .
Response to Amendment
Receipt is acknowledged of an amendment, filed 23 December 2025, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-20 are pending.
Claims 1, 16, and 19-20 are amended.
Specification and Drawings:
Amendments to the specification have not been submitted in the amendment filed 23 December 2025.
Amendments to the drawings have been submitted in the amendment filed 23 December 2025.
Drawings
Receipt is acknowledged of replacement sheets of drawings, filed 23 December 2025.
The drawings are accepted by the examiner.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dunn et al. (US Patent Publ. No. 2020/0339343) in view of Morand (US Patent Publ. No. 2006/0248862).
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.
Dunn et al. fail to disclose that the sheets overlap with each other.
Morand discloses a diaper pail (fig. 6) including a pair of planar sheets that overlap with each other and pinch a portion of a bag (fixed portion 27 and movable portion 31 define a v-shape directing an object therebetween and provides a seal in a plastic film tube, fixed portion 27 and movable portion 31 are depicted as overlapping, fig. 3, [0031], [0032]).
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 that the sheets overlap with each other as taught by Morand, to direct the object and to provide a tighter seal in the bag.
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, Morand discloses a diaper pail (fig. 6) including a top portion 3, including the lid 11, the cassette holder 15, and secondary closing mechanism 25, that is attached by a hinge 7 to the bottom portion 5 of the housing (figs. 1-8).
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 Morand, to provide greater access to the interior of the housing for cleaning.
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, Dunn et al. fail to disclose the lid assembly rotates about a first hinge attached to the housing.
Morand discloses that the top portion 3, including the lid 11, the cassette holder 15, and secondary closing mechanism 25, rotate about a hinge 7 attached to the housing 5 (figs. 1-8).
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 rotates about a first hinge attached to the housing as taught by Morand, to provide greater access to the interior of the housing for cleaning.
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, Dunn et al. fail to disclose the pair of planar sheets are positioned at a skewed angle relative to each other.
Morand discloses a pair of planar sheets that overlap with each other and are positioned at a skewed angle relative to each other, and pinch a portion of a bag (fixed portion 27 and movable portion 31 define a v-shape directing an object therebetween and provides a seal in a plastic film tube, fixed portion 27 and movable portion 31 are depicted as overlapping and at a skewed angle relative to each other, fig. 3, [0031], [0032]).
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 that the sheets overlap with each other at a skewed angle relative to each other, as taught by Morand, to direct the object and to provide a tighter seal in the bag.
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, Dunn et al. disclose the pair of planar sheets are composed of elastic material (gripping mechanism 54 has a resilient opening of flexible material, [0052]).
With respect to claim 13, Dunn et al. disclose a linear gap formed by the planar sheets (linear gap, fig. 1A).
Dunn et al. fail to disclose a linear gap which is formed by the overlap of one of the planar sheets over the other planar sheet.
Morand discloses a pair of planar sheets that overlap with each other and form a linear gap (linear gap 13 formed between fixed portion 27 and movable portion 31, fig. 7, [0031], [0032]).
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 that the sheets overlap with each other and form a linear gap, as taught by Morand, to direct the object and to provide a tighter seal in the bag.
With respect to claim 14, Dunn et al. disclose a linear gap formed by the planar sheets (linear gap , fig. 1A).
Dunn et al. fail to disclose 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.
Morand discloses a pair of planar sheets that overlap with each other and form a linear gap that is a chord extending from one point on the circular frame to another point on the circular frame, the chord not being a diameter (linear gap 13 formed between fixed portion 27 and movable portion 31, the gap 13 is a chord, fig. 7, [0031], [0032]).
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 that the sheets overlap with each other and form a linear gap, 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, as taught by Morand, to direct the object and to provide a tighter seal in the bag.
With respect to claim 15, Dunn et al. fail to disclose one of the planar sheets is positioned lower than the other planar sheet.
Morand discloses a pair of planar sheets that overlap with each other such that one of the planar sheets is positioned lower than the other planar sheet and pinch a portion of a bag (fixed portion 27 and movable portion 31 define a v-shape directing an object therebetween and provides a seal in a plastic film tube, fixed portion 27 and movable portion 31 are depicted as overlapping such that the movable portion is positioned lower than fixed portion 27, fig. 3, [0031], [0032]).
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 that the sheets overlap with each other such that one of the planar sheets is positioned lower than the other planar sheet, as taught by Morand, to direct the object and to provide a tighter seal in the bag.
With respect to claim 16, Dunn et al. fail to disclose a lower planar sheet that has a U-shaped end that curves to an underside of the lower surface of the lower planar sheet.
Morand discloses a pair of planar sheets that overlap with each other such that one of the planar sheets is positioned lower than the other planar sheet, the lower planar sheet having a U-shaped end that curves to an underside of the lower surface of the lower planar sheet (U-shaped region 33, fig. 1).
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 a lower planar sheet that has a U-shaped end that curves to an underside of the lower surface of the lower planar sheet, as taught by Morand, to direct the object and to provide a tighter seal in the bag.
With respect to claim 17, Dunn et al. fail to disclose an overlap area between the first planar sheet and the second planar sheet, the overlap area being separable to allow passage of the bag therethrough.
Morand discloses a pair of planar sheets that overlap with each other, the overlap area being separable to allow passage of the bag therethrough (overlap area separable, figs. 1 and 4).
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 an overlap area between the first planar sheet and the second planar sheet, the overlap area being separable to allow passage of the bag therethrough, as taught by Morand, to direct the object and to provide a tighter seal in the bag.
With respect to claim 18, Dunn et al. fail to disclose a U-shaped end of the lower planar sheet is positioned underneath the overlap area between the first planar sheet and the second planar sheet.
Morand discloses a pair of planar sheets that overlap with each other such that a U-shaped end of the lower planar sheet is positioned underneath the overlap area between the first planar sheet and the second planar sheet (U-shaped region 33 under the overlap area, fig. 1).
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 a U-shaped end of the lower planar sheet is positioned underneath the overlap area between the first planar sheet and the second planar sheet, as taught by Morand, to direct the object and to provide a tighter seal in the bag.
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.
Dunn et al. fail to disclose that the sheets overlap with each other.
Morand discloses a diaper pail (fig. 6) including a pair of planar sheets that overlap with each other and pinch a portion of a bag (fixed portion 27 and movable portion 31 define a v-shape directing an object therebetween and provides a seal in a plastic film tube, fixed portion 27 and movable portion 31 are depicted as overlapping, fig. 3, [0031], [0032]).
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 that the sheets overlap with each other as taught by Morand, to direct the object and to provide a tighter seal in the bag.
The lid assembly (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, Morand discloses a diaper pail (fig. 6) including a top portion 3, including the lid 11, the cassette holder 15, and secondary closing mechanism 25, that is attached by a hinge 7 to the bottom portion 5 of the housing (figs. 1-8).
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 Morand, to provide greater access to the interior of the housing for cleaning.
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.
Dunn et al. fail to disclose the hinged lid assembly is attached by a first hinge to the upper end and that the sheets overlap with each other such that one of the planar sheets is partially positioned below the other planar sheet.
Morand discloses a diaper pail (fig. 6) including 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 pinch a portion of a bag (fixed portion 27 and movable portion 31 define a v-shape directing an object therebetween and provides a seal in a plastic film tube, fixed portion 27 and movable portion 31 are depicted as overlapping such that movable portion is partially positioned below fixed portion 27, fig. 3, [0031], [0032]). Morand discloses that the top portion 3, including the lid 11, the cassette holder 15, and secondary closing mechanism 25, is attached by a hinge 7 to the bottom portion 5 of the housing (figs. 1-8).
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 that the sheets overlap with each other such that one of the planar sheets is partially positioned below the other planar sheet, and to include the lid assembly is attached by a first hinge to the housing as taught by Morand, to direct the object, to provide a tighter seal in the bag, and to provide greater access to the interior of the housing for cleaning.
Response to Arguments
With respect to the rejection of claims 19-20 under 35 U.S.C. 112(b), the claim amendments and applicant’s arguments have been fully considered and are persuasive. The rejection is hereby withdrawn.
With respect to the rejection of claims 1, 19, and 20 under 35 U.S.C. 103 over Dunn et al. (US Patent Publ. No. 2020/0339343) in view of Morand (US Patent Publ. No. 2006/0248862), applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that Dunn et al. fail to disclose that the support structure 300 and waste chamber 113 are “insertably removable or replaceable components” and are “a replaceable cartridge that itself acts as a lid which lifts together with the lid member 14 and internal lid 114 as part of a single hinged lid assembly”.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “insertably removable”, “that itself acts as a lid which lifts together with the lid member and internal lid”, “as part of a single hinged lid assembly”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
With respect to the features that are claimed in claims 1, 19, and 20, (“hinged lid assembly” and “replaceable third lid cartridge”), 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. 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.
Applicant further argues that the gripping mechanism 54 of Dunn et al. is provided in the waste chamber 113, and is thus not part of the hinged lid assembly.
In response, 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. The gripping mechanism 54 that is provided in the waste chamber 113 is therefore a part of the hinged lid assembly of Dunn et al.
Applicant further argues that the gripping mechanism 54 of Dunn et al. is not a pair of planar sheets because the gripping mechanism is not a pair (two in number) and is not planar.
In response, Dunn et al. disclose the gripping mechanism 54 “has a resilient opening in a flexible material” ([0052]). As shown in figures 1B and 13, the gripping mechanism 54 is comprised of a plurality of pie-shaped sheets arranged around a circumference. Thus, there are more than two sheets, and at least a pair of sheets. Therefore, the gripping mechanism includes a pair of sheets. As shown in figures 4, 8, 11, and 22 the sheets of the gripping mechanism 54 have planar portions that meet in a (horizontal) plane and grip the bag tube. Since each sheet has a planar portion, the sheets are considered to be planar.
Applicant argues that Morand fails to disclose a replaceable third lid cartridge.
In response, Morand was not cited for a teaching of a replaceable third lid cartridge. Dunn et al. disclose a replaceable third lid cartridge.
Applicant further argues that in Morand, the sheets (portions 27, 31) are not components of a hinged lid assembly because Morand only discloses a single lid 11, not a lid assembly including multiple lid components, and that the portions 27, 31 are separate from any lid assembly.
In response, Morand discloses a diaper pail (fig. 6) including a bottom portion 5 of the housing, a top portion 3 of the housing, a hinged lid 11 attached to the top portion 3, a pair of planar sheets (fixed portion 27 and movable portion 31) in the top portion 3 of the housing, a cassette holder 15 in the top portion 3 of the housing, and a hinge 7 that connects the top portion 3 of the housing to the bottom portion 5 of the housing. Since the top portion 3 is connected to the bottom portion 5 by the hinge 7, then the top portion 3 and the lid 11 comprise a hinged lid assembly including a first hinge 7 and a second hinge (lid hingedly connected to top portion 3, fig. 6, [0027]). Accordingly, Morand discloses a hinged lid assembly, and sheets which are components of the hinged lid assembly.
Further, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Accordingly, in view of all of the above, the rejection of claims 1, 19, and 20 under 35 U.S.C. 103 over Dunn et al. (US Patent Publ. No. 2020/0339343) in view of Morand (US Patent Publ. No. 2006/0248862) is still considered proper.
Applicant has provided no arguments pointing out errors with respect to the rejections of dependent claims 2-18, and these rejections are still deemed proper.
With respect to the rejection of claims 1, 7, and 8 on the ground of nonstatutory double patenting over claims 11, 19, and 20, respectively, of copending Application No. 18/811,707, the claim amendments have been fully considered. This rejection is hereby withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Parker et al. (US Patent Publ. No. 2018/0155123) disclose a diaper pail including a hinged lid assembly (fig. 2).
Rousso et al. (US Patent Publ. No. 2009/0127260) disclose a diaper pail including a hinged lid assembly and a pair of planar overlapping sheets (fig. 42).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/LINDA J. HODGE/Examiner, Art Unit 3731