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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the circular opening must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-20 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.
Claim 1 recites the limitation "the connector" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the first buffer assembly" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the second buffer assembly" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the first buffer assembly” in line 4. There is insufficient antecedent basis for this limitation in the claim.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Pub. No. 20080116207) in view of Glomski (U.S. Patent No. 4836394).
Regarding Claim 1, Yang et al. discloses a foot-operated flip-top trash can 20 (figure 2), comprising: a receiving assembly 22/26 (figure 2) comprising a can body 22 (figure 2) having a receiving cavity 26 (Figure 2) and an exposure opening (top of receiving cavity 26, figure 2) formed at a top end of the can body (Figure 2) and communicated with the receiving cavity (Figure 2), wherein a trash bag (Figure 2) is placed in the receiving cavity in a stretched manner and an edge portion of the trash bag being extended from the exposure opening to overlap a top portion of the can body (Figure 2); a covering-closing mechanism 28/30/50/112 (figure 2 and 6) comprising a covering-closing assembly 28/30 (figure 2) and at least one connector 50/112 (figure 6), wherein the covering-closing assembly comprises a main cover 30 (figure 2) and an auxiliary cover 28 (figure 2), the connector is rotatably mounted on the receiving assembly (figure 2), the main cover is mounted on the connector to be rotated together with the connector (figure 2), the auxiliary cover is inserted and matched with the connector to rotate relative to the main cover in a coaxial manner with the connector, the covering-closing assembly is rotated with the connector together to open or close the exposure opening (figure 2), the auxiliary cover has a circular opening (Figure 2), a size of the circular opening is smaller than a size of the main cover (figure 2), the main cover is rotated relative to the auxiliary cover to open or close the circular opening (figure 1 and 2), in case where the covering-closing mechanism seals the exposure opening (figure 2), the auxiliary cover is corresponding to an opening edge of the exposure opening (figure 2 and 6), so as to clamp an edge portion of a trash bag with an upper portion of the can body (figure 2 and 6), the main cover is disposed on a top surface of the auxiliary cover to seal the circular opening (figure 2), the auxiliary cover is pushed to drive the main cover to leave the exposure opening together (Figure 2), a maximum rotation angle of the auxiliary cover is consistent with a maximum rotation angle of the main cover (figure 2), the connector has a clamping channel 112 (figure 6), the clamping channel comprises a pushed portion 110 (Figure 6) and a locking portion 112 (figure 6) communicated with the pushed portion (Figure 6); and a trigger mechanism 36/40 (figure 3) comprising a pedal 36 (figure 2) and at least one top-pusher 40 (figure 3), wherein the pedal is rotatably mounted on a low end of the can body (figure 3), one end of the pedal is rotatably connected with the top-pusher figure 2 and 3), one end of the top-pusher away from the pedal is clamped to the clamping channel (figure 2), and the top-pusher is driven by the pedal to move upward in case where the pedal is stepped on to be rotated (paragraph 27), by pushing an inner wall of the pushed portion to drive the main cover to rotate away from the circular opening of the auxiliary cover covering the opening edge of the exposure opening (figure 2), in case where the top-pusher is clamped to the pushed portion and the pedal is not applied with external force, the main cover rotates towards the circular opening under gravity to seal the exposure opening by closing the circular opening (figure 2), after the circular opening of the auxiliary cover covering the opening edge of the exposure opening is opened by stepping on the pedal, the main cover is pushed to continue to rotate away from the circular opening and locked at a position(paragraph 33). Yang et al. does not disclose the locking portion is formed by extending a bottom end of the pushed portion and forming an included angle of not less than 90° with the pushed portion and where a rotation angle is not less than 90° by the top-pusher being clamped with the locking portion. However, Glomski teaches the locking portion is formed by extending a bottom end of the pushed portion and forming an included angle of not less than 90° with the pushed portion (figure 4) and where a rotation angle is not less than 90° by the top-pusher being clamped with the locking portion (Figure 4). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. to include the above, as taught by Glomski, in order to allow for easy access to the opening for trash removal.
Regarding Claim 2, Yang et al. discloses a bottom portion (figure 3) of the can body is formed with a mounting groove (Figure 3) and a through opening (Figure 3) communicated with the mounting groove, the pedal is rotatably mounted in the mounting groove (Figure 3), an end portion of the pedal away from the top-pusher is extended from a side portion of the can body to outside through the through opening (Figure 3), in case where the can body is supported on the ground, the end portion of the pedal extended from the through opening is spaced from the ground by a predetermined distance (Figure 3), and an end portion of the pedal connected with the top-pusher is spaced from a top wall of the mounting groove by a predetermined distance (figure 2 and 3).
Regarding Claim 3, Yang et al. discloses a circular groove (figures 2 and 8) is formed on a side of the auxiliary cover away from the main cover (Figure 2 and 8), the circular groove is located on an outer periphery of the circular opening (figure 2 and 8), in case where the auxiliary cover covers the opening edge of the exposure opening, the upper end of the can body is inserted into the circular groove to clamp the edge portion of the trash bag (figure 2), in case where the edge portion of the trash bag overlaps the top portion of the can body and hangs down on an outer peripheral wall of the can body (Figure 2), the auxiliary cover is sleeved on the upper end of the can body, so that the edge portion of the trash bag hanging from the outer peripheral wall of the can body is hidden in the circular groove (figure 1, paragraph 35).
Claim(s) 4, 5, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Pub. No. 20080116207) in view of Glomski (U.S. Patent No. 4836394) and Jacob et al. (U.S. Patent No. 4592192).
Regarding Claim 4, Yang et al. and Glomski teach all the limitations substantially as claimed except for the receiving assembly further comprises a bag-storage body, the bag-storage body is mounted in the can body, the bag-storage body has a bag-storage cavity and an access opening communicated with the bag-storage cavity, the bag-storage cavity is for storing unused trash bags, and the access opening is for taking unused trash bags in the bag-storage cavity. However Jacob teaches a bag-storage body 28 (Figure 2), the bag-storage body is mounted in the can body (Figure 2), the bag-storage body has a bag-storage cavity (Figure 2; where bags 27 are located) and an access opening communicated with the bag-storage cavity (Figure 2), the bag-storage cavity is for storing unused trash bags 27 (figure 2), and the access opening is for taking unused trash bags in the bag-storage cavity (Figure 2). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. and Glomski to include the above, as taught by Jacob, in order to allow for easy access to replacement bags.
Regarding Claim 5, Yang et al. and Glomski teach all the limitations substantially as claimed except for the access opening is formed at the top end of the bag-storage body and adjacent to the exposure opening, and when the auxiliary cover covers the edge of the exposure opening, the access opening is covered by the auxiliary cover. However Jacob teaches the access opening is formed at the top end of the bag-storage body and adjacent to the exposure opening (figure 2), and when the auxiliary cover covers the edge of the exposure opening (Figure 2), the access opening is covered by the auxiliary cover (Figure 2). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. and Glomski to include the above, as taught by Jacob, in order to allow for easy access to replacement bags.
Regarding Claim 11, Yang et al. and Glomski teach all the limitations substantially as claimed except for the receiving assembly further comprises a bag-storage body, the bag-storage body is mounted in the can body, the bag-storage body has a bag-storage cavity and an access opening communicated with the bag-storage cavity, the bag-storage cavity is for storing unused trash bags, and the access opening is for placing unused trash bags into the bag-storage cavity. However Jacob teaches a bag-storage body 28 (Figure 2), the bag-storage body is mounted in the can body (Figure 2), the bag-storage body has a bag-storage cavity (Figure 2; where bags 27 are located) and an access opening communicated with the bag-storage cavity (Figure 2), the bag-storage cavity is for storing unused trash bags 27 (figure 2), and the access opening is for taking unused trash bags in the bag-storage cavity (Figure 2). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. and Glomski to include the above, as taught by Jacob, in order to allow for easy access to replacement bags.
Claim(s) 6, 7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Pub. No. 20080116207) in view of Glomski (U.S. Patent No. 4836394) and Lu (U.S. Pub. No. 20100084235).
Regarding Claim 6, Yang et al. and Glomski teach all the limitations substantially as claimed except for the foot-operated flip-top trash can further comprises a buffer mechanism, the buffer mechanism comprises at least one first buffer assembly, the first buffer assembly is mounted on the receiving assembly, and a top end of the first buffer assembly is corresponding to the main cover, the first buffer assembly is retractable, and in case where the covering-closing assembly seals the exposure opening, the first buffer assembly is squeezed by the main cover to be compressed, and during the main cover is rotating away from the exposure opening, the first buffer assembly is gradually stretched, and in case where the top-pusher is clamped to the pushed portion and pedaling force applied to the pedal disappears, the main cover and the connector gradually rotates towards the exposure opening and presses on the first buffer assembly to be slow movements thereof. However, Lu teaches the foot-operated flip-top trash can further comprises a buffer mechanism 40/41 (figure 1), the buffer mechanism comprises at least one first buffer assembly 40/41 (Figure 1), the first buffer assembly is mounted on the receiving assembly, and a top end of the first buffer assembly is corresponding to the main cover (Figure 1), the first buffer assembly is retractable, and in case where the covering-closing assembly seals the exposure opening, the first buffer assembly is squeezed by the main cover to be compressed, and during the main cover is rotating away from the exposure opening (Figure 1), the first buffer assembly is gradually stretched, and in case where the top-pusher is clamped to the pushed portion and pedaling force applied to the pedal disappears, the main cover and the connector gradually rotates towards the exposure opening and presses on the first buffer assembly to be slow movements thereof (Figure 1; paragraph 64). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. and Glomski to include the above, as taught by Lu, in order to provide a cushioning for the lid.
Regarding Claim 7, Yang et al. and Glomski teach all the limitations substantially as claimed except for the buffer mechanism further comprises at least one second buffer assembly, the second buffer assembly is mounted in the receiving assembly, and a top end of the second buffer assembly is corresponding to the auxiliary cover, and the second buffer assembly is retractable, in case where the auxiliary cover covers the opening edge of the exposure opening, the second buffer assembly is squeezed to be compressed by the auxiliary cover, and during the auxiliary cover rotates away from the exposure opening, the second buffer assembly is gradually stretched, and in case where the rotation angle of the auxiliary cover is consistent with the rotation angle of the main cover driven by the trigger mechanism, the auxiliary cover gradually rotates towards the exposure opening to press on the second buffer assembly under the gravity to slow movements thereof. However, Lu teaches the buffer mechanism 40/41 (Figure 1) further comprises at least one second buffer assembly 40/41 (Figure 1), the second buffer assembly is mounted in the receiving assembly (Figure 1), and a top end of the second buffer assembly is corresponding to the auxiliary cover (Figure 1), and the second buffer assembly is retractable (Figure 1), in case where the auxiliary cover covers the opening edge of the exposure opening, the second buffer assembly is squeezed to be compressed by the auxiliary cover, and during the auxiliary cover rotates away from the exposure opening (Figure 1), the second buffer assembly is gradually stretched, and in case where the rotation angle of the auxiliary cover is consistent with the rotation angle of the main cover driven by the trigger mechanism (Figure 1), the auxiliary cover gradually rotates towards the exposure opening to press on the second buffer assembly under the gravity to slow movements thereof (Figure 1, paragraph 64). It would have been obvious to modify Lu to include a second buffer assembly (one for each cover) since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. and Glomski to include the above, as taught by Lu, in order to provide a cushioning for the lid.
Regarding Claim 12, Yang et al. and Glomski teach all the limitations substantially as claimed except for the foot-operated flip-top trash can further comprises a buffer mechanism, the buffer mechanism comprises at least one first buffer assembly, the first buffer assembly is mounted on the receiving assembly, and a top end of the first buffer assembly is corresponding to the connector, the first buffer assembly is retractable, and in case where the covering-closing assembly seals the exposure opening, the first buffer assembly is squeezed by the connector to be compressed, and during the main cover is rotating away from the exposure opening, the first buffer assembly is gradually stretched, and in case where the top-pusher is clamped to the pushed portion and pedaling force applied to the pedal disappears, the main cover and the connector gradually rotates towards the exposure opening and presses on the first buffer assembly to be slow movements thereof. However, Lu teaches the foot-operated flip-top trash can further comprises a buffer mechanism 40/41 (Figure 1), the buffer mechanism comprises at least one first buffer assembly 40/41 (Figure 1), the first buffer assembly is mounted on the receiving assembly (Figure 1), and a top end of the first buffer assembly is corresponding to the connector (Figure 1), the first buffer assembly is retractable (Figure 1), and in case where the covering-closing assembly seals the exposure opening, the first buffer assembly is squeezed by the connector to be compressed (Figure 1), and during the main cover is rotating away from the exposure opening, the first buffer assembly is gradually stretched (Figure 1), and in case where the top-pusher is clamped to the pushed portion and pedaling force applied to the pedal disappears, the main cover and the connector gradually rotates towards the exposure opening and presses on the first buffer assembly to be slow movements thereof (Figure 1, paragraph 64). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. and Glomski to include the above, as taught by Lu, in order to provide a cushioning for the lid.
Claim(s) 8, 9, 13, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Pub. No. 20080116207) in view of Glomski (U.S. Patent No. 4836394) and Yang et al. (2) (U.S. Pub. No. 20100224627).
Regarding Claim 8, Yang et al. and Glomski teach all the limitations substantially as claimed except for the foot-operated flip-top trash can further comprises a deodorizing box, the deodorizing box comprises a box member, the box member is mounted on the main cover and rotate together with the main cover, the box member has a placement space and a plurality of ventilation holes communicated with the placement space, the placement space is for placing a filter, and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity. However, Yang et al. (2) teaches the foot-operated flip-top trash can further comprises a deodorizing box 282 (figure 9), the deodorizing box comprises a box member (Figure 9), the box member is mounted on the main cover and rotate together with the main cover (Figure 1 and 9), the box member has a placement space and a plurality of ventilation holes communicated with the placement space (Figure 1 and 9), the placement space is for placing a filter 280 (figure 9), and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity (Figure 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. to include the above, as taught by Yang et al. (2), in order to prevent unwanted odor from the trash can.
Regarding Claim 9, Yang et al. and Glomski teach all the limitations substantially as claimed except for the box member comprises a box body and a cover body, the box body is mounted on the main cover, any one of the box body and the cover body form a ventilation hole, the placement space is formed in the box body, and the box body further has a placement opening communicated with the placement space, a size of the placement opening is adapted to a size of the cover body, the placement opening is for taking out the filter inside the placement space, and the cover body is mounted on the box body so as to open or close the placement opening. However, Yang et al. (2) teaches the box member comprises a box body 276 (Figure 9; lip portion) and a cover body 282 (figure 9), the box body is mounted on the main cover (Figure 9), any one of the box body and the cover body form a ventilation hole 284 (figure 1 and 9), the placement space is formed in the box body (Figure 9), and the box body further has a placement opening communicated with the placement space (Figure 9), a size of the placement opening is adapted to a size of the cover body (Figure 9), the placement opening is for taking out the filter inside the placement space (Figure 9), and the cover body is mounted on the box body so as to open or close the placement opening (Figure 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. to include the above, as taught by Yang et al. (2), in order to prevent unwanted odor from the trash can.
Regarding Claim 13, Yang et al. and Glomski teach all the limitations substantially as claimed except for the box member comprises a box body and a cover body, the box body is mounted on the main cover, any one of the box body and the cover body form a ventilation hole, the placement space is formed in the box body, and the box body further has a placement opening communicated with the placement space, a size of the placement opening is adapted to a size of the cover body, the placement opening is for placing the filter into the placement space, and the cover body is mounted on the box body so as to open or close the placement opening. However, Yang et al. (2) teaches the box member comprises a box body 276 (figure 9, lip portion) and a cover body 282 (Figure 9), the box body is mounted on the main cover (Figure 9), any one of the box body and the cover body form a ventilation hole 284 (Figure 9), the placement space is formed in the box body (Figure 9), and the box body further has a placement opening communicated with the placement space (Figure 9), a size of the placement opening is adapted to a size of the cover body (Figure 9), the placement opening is for placing the filter into the placement space (Figure 9), and the cover body is mounted on the box body so as to open or close the placement opening (Figure 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. to include the above, as taught by Yang et al. (2), in order to prevent unwanted odor from the trash can.
Regarding Claim 15, Yang et al. and Glomski teach all the limitations substantially as claimed except for the foot-operated flip-top trash can further comprises a deodorizing box, the deodorizing box comprises a box member, the box member is mounted on the main cover and rotate together with the main cover, the box member has a placement space and a plurality of ventilation holes communicated with the placement space, the placement space is for placing a filter, and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity. However, Yang et al. (2) teaches the foot-operated flip-top trash can further comprises a deodorizing box 276/282 (Figure 9), the deodorizing box comprises a box member 282 (Figure 9), the box member is mounted on the main cover and rotate together with the main cover (Figure 1 and 9), the box member has a placement space (Figure 9) and a plurality of ventilation holes 284 (figure 1 and 9) communicated with the placement space, the placement space is for placing a filter 280 (figure 9), and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity (Figure 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. to include the above, as taught by Yang et al. (2), in order to prevent unwanted odor from the trash can.
Regarding Claim 16, Yang et al. and Glomski teach all the limitations substantially as claimed except for the foot-operated flip-top trash can further comprises a deodorizing box, the deodorizing box comprises a box member, the box member is mounted on the main cover and rotate together with the main cover, the box member has a placement space and a plurality of ventilation holes communicated with the placement space, the placement space is for placing a filter, and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity. However, Yang et al. (2) teaches the foot-operated flip-top trash can further comprises a deodorizing box 276/282 (figure 9), the deodorizing box comprises a box member 282 (figure 9), the box member is mounted on the main cover and rotate together with the main cover (Figure 1), the box member has a placement space (Figure 9) and a plurality of ventilation holes 284 (figure 1 and 9) communicated with the placement space, the placement space is for placing a filter 280 (Figure 9), and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity (Figure 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al. to include the above, as taught by Yang et al. (2), in order to prevent unwanted odor from the trash can.
Claim(s) 10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Pub. No. 20080116207) in view of Glomski (U.S. Patent No. 4836394), Yang et al. (2) (U.S. Pub. No. 20100224627) and Aramian (U.S. Patent No. 9150346).
Regarding Claim 10, Yang et al., Glomski and Yang et al. (2) teach all the limitations substantially as claimed except for the deodorizing box further comprises a start-end date display member comprising a date identifier rotatably mounted on the box member, twelve month-identifiers are arranged and equally spaced on a surface of date identifier with an axis of the date identifier being a center thereof, and a start-end date display assembly comprising a start-date display structure and an end-date display structure both provided on the box member, the date identifier is rotatable, so that any one of the month-identifiers on the surface is corresponding to the start-date display structure, and in case where one of the month-identifier on the date identifier is corresponding to the start-date display structure, another one of the month-identifier spaced with a predetermined distance with the month-identifier is corresponding to the end-date display structure, the number of months between the months represented by the two month-identifiers is consistent with an expiration period of the filter. However, Aramian teaches a start-end date display member comprising a date identifier 190 (Figure 2) rotatably mounted on the box member 192/194/196, twelve month-identifiers are arranged and equally spaced on a surface of date identifier with an axis of the date identifier being a center thereof (Figure 2), and a start-end date display assembly comprising a start-date display structure and an end-date display structure both provided on the box member, the date identifier is rotatable, so that any one of the month-identifiers on the surface is corresponding to the start-date display structure (Figure 2), and in case where one of the month-identifier on the date identifier is corresponding to the start-date display structure, another one of the month-identifier spaced with a predetermined distance with the month-identifier is corresponding to the end-date display structure, the number of months between the months represented by the two month-identifiers is consistent with an expiration period of the filter (figure 2). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al., Glomski and Yang et al. (2) to include the above, as taught by Aramian, in order to allow for tracking of replacement filters.
Regarding Claim 14, Yang et al., Glomski and Tang et al. (2) teach all the limitations substantially as claimed except for the deodorizing box further comprises a start-end date display member comprising a date identifier rotatably mounted on the box member, twelve month-identifiers are arranged and equally spaced on a surface of date identifier with an axis of the date identifier being a center thereof, and a start-end date display assembly comprising a start-date display structure and an end-date display structure both provided on the box member, the date identifier is rotatable, so that any one of the month-identifiers on the surface is corresponding to the end-date display structure, and in case where one of the month-identifier on the date identifier is corresponding to the start-date display structure, another one of the month-identifier spaced with a predetermined distance with the month-identifier is corresponding to the end-date display structure, the number of months between the months represented by the two month-identifiers is consistent with an expiration period of the filter. However, Aramian teaches a start-end date display member comprising a date identifier 190 (Figure 2) rotatably mounted on the box member 192/194/196, twelve month-identifiers are arranged and equally spaced on a surface of date identifier with an axis of the date identifier being a center thereof (Figure 2), and a start-end date display assembly comprising a start-date display structure and an end-date display structure both provided on the box member, the date identifier is rotatable, so that any one of the month-identifiers on the surface is corresponding to the start-date display structure (Figure 2), and in case where one of the month-identifier on the date identifier is corresponding to the start-date display structure, another one of the month-identifier spaced with a predetermined distance with the month-identifier is corresponding to the end-date display structure, the number of months between the months represented by the two month-identifiers is consistent with an expiration period of the filter (figure 2). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al., Glomski and Yang et al. (2) to include the above, as taught by Aramian, in order to allow for tracking of replacement filters.
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Pub. No. 20080116207) in view of Glomski (U.S. Patent No. 4836394), Jacob et al. (U.S. Patent No. 4592192) and Yang et al. (2) (U.S. Pub. No. 20100224627).
Regarding Claim 17, Yang et al., Glomski and Jacob et al. teach all the limitations substantially as claimed except for the foot-operated flip-top trash can further comprises a deodorizing box, the deodorizing box comprises a box member, the box member is mounted on the main cover and rotate together with the main cover, the box member has a placement space and a plurality of ventilation holes communicated with the placement space, the placement space is for placing a filter, and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity. However, Yang et al. (2) teaches the foot-operated flip-top trash can further comprises a deodorizing box 276/282 (figure 9), the deodorizing box comprises a box member 282 (figure 9), the box member is mounted on the main cover and rotate together with the main cover (Figure 1 and 9), the box member has a placement space (Figure 9) and a plurality of ventilation holes 284 (Figure 1 and 9) communicated with the placement space, the placement space is for placing a filter 280 (Figure 9), and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity (figure 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al., Glomski and Jacob et al. to include the above, as taught by Yang et al. (2), in order to prevent unwanted odor from the trash can.
Regarding Claim 18, Yang et al., Glomski and Jacob et al. teach all the limitations substantially as claimed except for the foot-operated flip-top trash can further comprises a deodorizing box, the deodorizing box comprises a box member, the box member is mounted on the main cover and rotate together with the main cover, the box member has a placement space and a plurality of ventilation holes communicated with the placement space, the placement space is for placing a filter, and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity. However, Yang et al. (2) teaches the foot-operated flip-top trash can further comprises a deodorizing box 276/282 (figure 9), the deodorizing box comprises a box member 282 (figure 9), the box member is mounted on the main cover and rotate together with the main cover (figure 1 and 9), the box member has a placement space (Figure 9) and a plurality of ventilation holes 284 (Figure 1 and 9) communicated with the placement space (Figure 9), the placement space is for placing a filter 280 (Figure 9), and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity (figure 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al., Glomski and Jacob et al. to include the above, as taught by Yang et al. (2), in order to prevent unwanted odor from the trash can.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (U.S. Pub. No. 20080116207) in view of Glomski (U.S. Patent No. 4836394), Lu (U.S. Pub. No. 20100084235) and Yang et al. (2) (U.S. Pub. No. 20100224627).
Regarding Claim 19, Yang et al., Glomski and Lu teach all the limitations substantially as claimed except for the foot-operated flip-top trash can further comprises a deodorizing box, the deodorizing box comprises a box member, the box member is mounted on the main cover and rotate together with the main cover, the box member has a placement space and a plurality of ventilation holes communicated with the placement space, the placement space is for placing a filter, and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity. However, Yang et al. (2) teaches the foot-operated flip-top trash can further comprises a deodorizing box 276/282 (figure 9), the deodorizing box comprises a box member 282 (figure 9), the box member is mounted on the main cover and rotate together with the main cover (figure 1 and 9), the box member has a placement space (Figure 9) and a plurality of ventilation holes 284 (Figure 1 and 9) communicated with the placement space (Figure 9), the placement space is for placing a filter 280 (Figure 9), and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity (figure 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al., Glomski and Lu to include the above, as taught by Yang et al. (2), in order to prevent unwanted odor from the trash can.
Regarding Claim 20, Yang et al., Glomski and Lu teach all the limitations substantially as claimed except for the foot-operated flip-top trash can further comprises a deodorizing box, the deodorizing box comprises a box member, the box member is mounted on the main cover and rotate together with the main cover, the box member has a placement space and a plurality of ventilation holes communicated with the placement space, the placement space is for placing a filter, and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity. However, Yang et al. (2) teaches the foot-operated flip-top trash can further comprises a deodorizing box 276/282 (figure 9), the deodorizing box comprises a box member 282 (figure 9), the box member is mounted on the main cover and rotate together with the main cover (figure 1 and 9), the box member has a placement space (Figure 9) and a plurality of ventilation holes 284 (Figure 1 and 9) communicated with the placement space (Figure 9), the placement space is for placing a filter 280 (Figure 9), and in case where the covering-closing assembly seals the exposure opening, the box member is placed in the receiving cavity (figure 9). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang et al., Glomski and Lu to include the above, as taught by Yang et al. (2), in order to prevent unwanted odor from the trash can.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Conclusion
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733
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