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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaba et al. (US-5947285-A).
Gaba discloses:
1. A container (40) for disposal of medical waste comprising: a receptacle (30) comprising an open top, a bottom wall and a side wall comprising a flange (32) at a top edge of the side wall (Fig. 1); a lid (1) attached to the receptacle, the lid comprising a top wall, a back wall (at each side of 35), a side wall, a front wall (Fig. 2B) having an opening (3) sized to permit the introduction of medical waste into the receptacle, a skirt (12) that attaches to the receptacle side wall flange, and a cowl (10) that extends downwardly into the receptacle below the lid skirt (Fig. 4A); and a closure flap (20) movable between an open position and a closed position (col. 5, lines 10-31), the closure flap comprising an axial hub (26) extending from a side of the closure flap, a lower portion, and an upper portion (Fig. 3); wherein the closure flap lower portion and the lid cowl constrict access to an interior of the receptacle when the closure flap is in the open position (Fig. 4A).
2. The container of claim 1 wherein a mass of the closure flap lower portion is greater than a mass of the closure flap upper portion such that the closure flap is gravitationally biased to a closed position (col. 6, lines 23-39).
3. The container of claim 2 wherein the closure flap axial hub extends from a side of the closure at an intersection of the closure flap upper portion and closure flap lower portion (Fig. 3).
4. The container of claim 3 wherein a part of the closure flap lower portion adjacent the intersection of the closure flap upper portion and closure flap lower portion is coplanar with a part of the closure flap upper portion adjacent the intersection of the closure flap upper portion and closure flap lower portion (Fig. 3).
5. The container of claim 2 wherein the closure flap lower portion comprises a rib (27).
6. The container of claim 5 wherein the rib provides structural rigidity to the closure flap lower portion (Fig. 3).
7. The container of claim 5 wherein the closure flap upper portion does not comprise a rib (Fig. 3).
8. The container of claim 7 wherein the rib provides mass to the closure flap lower portion such that the mass of the closure flap lower portion with the rib is greater than the mass of the closure flap upper portion without the rib (col. 6, lines 47-51).
9. The container of claim 1 wherein the closure flap is movable between an open position, a closed position, and a locked position (col. 10, lines 19-31).
10. The container of claim 9 wherein the closure flap comprises a hook (22), the lid comprises a slot (at 7), and the hook is configured to enter and engage the slot when the closure flap is moved to the locked position.
11. The container of claim 10 wherein the hook passes through the slot when the closure flap is moved to the locked position (col. 10, lines 19-31).
12. The container of claim 11 wherein once the hook passes through the slot, movement of the closure flap is blocked so that force applied against the closure flap will not move the closure flap from a closed position to an open position (col. 10, lines 19-31).
13. The container of claim 1 wherein the lid cowl comprises an arcuate shape such that a distance between an end of the closure flap lower portion remains consistent as the lid moves from the open to the closed position (Fig. 1).
14. The container of claim 1 wherein the closure flap further comprises a second axial hub extending from a second side of the closure flap (col. 5, lines 15-23).
15. The container of claim 14 wherein the closure flap comprises a rib (27) extending between the first and second axial hubs.
16. The container of claim 15 wherein the closure flap comprises a top surface and a bottom surface, and the rib extends from a bottom surface of the closure flap (Fig. 3).
17. A container (40) for disposal of medical waste comprising: a receptacle (30) comprising an open top, a bottom wall and a side wall comprising a flange (32) at a top edge of the side wall (Fig. 1); a lid (1) attached to the receptacle, the lid comprising a top wall, a back wall (at each side of 35), a side wall, a front wall (Fig. 2B) having an opening (3) sized to permit the introduction of medical waste into the receptacle, a skirt (12) that attaches to the receptacle side wall flange, and a cowl (10) that extends downwardly into the receptacle below the lid skirt (Fig. 4A); and a closure flap (20) movable between an open position and a closed position (col. 5, lines 10-31), the closure flap comprising an axial hub (26) extending from a side of the closure flap, a lower portion, and an upper portion (Fig. 3), wherein a mass of the closure flap lower portion exceeds a mass of the closure flap upper portion such that the closure flap is gravitationally biased to a closed position (col. 6, lines 23-39, 47-51, based on the claimed language).
19. A container (40) for disposal of medical waste comprising: a receptacle (30) comprising an open top, a bottom wall and a side wall comprising a flange (32) at a top edge of the side wall (Fig. 1); a lid (1) attached to the receptacle, the lid comprising a top wall, a back wall (at each side of 35), a side wall, a front wall (Fig. 2B) having an opening (3) sized to permit the introduction of medical waste into the receptacle, a skirt (12) that attaches to the receptacle side wall flange, and a cowl (10) that extends downwardly into the receptacle below the lid skirt; and a closure flap (20) movable between an open position and a closed position (col. 5, lines 10-31), the closure flap comprising an axial hub (26) extending from a side of the closure flap, a lower portion, and an upper portion (Fig. 3); wherein the lid skirt comprises locking fingers that engage with the receptacle flange (Fig. 2A, inwardly extending fingers on each side).
20. The container of claim 19 wherein the lid side wall comprises an opening (at 8) through which the closure flap axial hub extends and a cover (8) that attaches to the lid side wall and covers a portion of the closure flap axial hub that extends through the lid side wall (col. 5, lines 50-64).
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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaba et al. (US-5947285-A)
Gaba discloses all the claimed limitations as shown above wherein the flap is biased in a closed position (col. 6, lines 23-39 and 47-51) and wherein the closure flap can have an open closed and locked position that prevents the flap from opening by gravitation bias alone (col. 10, lines 19-31), but fails to tech these features together in the same embodiment.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the embodiment with a rib to also have a locking structure, as taught by Gaba, in order to further prevent unwanted access the container and further secure contents of the container.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733