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 § 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.
Claim 4-6, 10 and 14-20 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. In claim 6, Applicant provides “6. The bag adapter according to claim 2, wherein the annular body has a bottom peripheral edge having a dimension greater than that of the container opening, such that the annular body is configured to be seated to a surface of the container surrounding the container opening.” Applicant has not positively claimed the container dimension and therefore Applicant’s intent is unclear. The same rejection applies to claim 4, 10 and 14 for the same reasons. Claims 5, 15-20 is/are rejected as being dependent on the above rejected claim(s).
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 7543716 B2).
The Office notes the 112 rejections above. Nevertheless, Lin discloses:
1. A bag adapter (figs 1-9) for hanging a bag to a top container rim of a container circumscribing a container opening, the top container rim including a shoulder surrounding the top container opening, the shoulder projecting above a waste-receiving cavity of the container, inward from a peripheral wall of the container, the shoulder including one or more bag retention features projecting upward from a remainder of the shoulder (capable of performing the above intended use; the above elements are not positively cited and the adapter is capable of interacting with bag, container, and the above features), the bag adapter comprising a seating frame having an inner seating frame periphery circumscribing a seating frame opening (30 with edge along inside as fig 2 with aperture within as in fig 2), the seating frame sized to be mounted onto the top container rim inward of the one or more bag retention features such that the seating frame opening is in communication with the container opening (capable of performing the above intended use, such as but not required as shown in fig 4);
wherein the bag adapter is installed on the container with the following steps: installing a bag rim of the bag onto the seating frame of the bag adapter with a peripheral bag wall extending through the seating frame opening such that a bag bottom hangs below a bottom peripheral edge of the seating frame; passing the bag bottom through the top container rim and a closing mechanism of the container located under the top container rim; and seating the seating frame onto the top container rim inward of the one or more bag retention features of the container, the one or more bag retention features, the seating frame opening and the container opening in communication when the seating frame is seated (capable of performing the above intended use; the above elements are not positively cited and the adapter is capable of interacting with bag, container, and the above features; furthermore, the Office notes that Applicant has claimed an adapter and not a method of steps; the adapter is capable of being installed in the above manner to a non-positively claimed container).
2. The bag adapter according to claim 1, wherein the seating frame has an annular body (as in fig 2).
3. The bag adapter according to claim 2, wherein the annular body tapers from a top peripheral edge to the bottom peripheral edge (as shown by shape in fig 4).
4. The bag adapter according to claim 3, wherein the annular body defines an outer seating frame periphery that corresponds in shape and/or in dimension to the container opening (the Office notes the 112 rejection above; nevertheless, wall of device provides the opening and the shape and dimension; capable of performing the above intended use).
5. The bag adapter according to claim 4, wherein the outer seating frame periphery is between the top peripheral edge and the bottom peripheral edge such that the annular body is seated in the container opening (see 112 rejection above; capable of performing the above intended use).
6. The bag adapter according to claim 2, wherein the bottom peripheral edge is the bottom peripheral edge of the annular body, the bottom peripheral edge having a dimension greater than that of the container opening, such that the annular body is configured to be seated to a surface of the container surrounding the container opening (see 112 rejection above; nevertheless the prior art discloses the above fig 1-9; capable of performing the above intended use).
7. The bag adapter according to claim 2, wherein a flange projects from and surrounds the annular body, the flange configured to be supported against a surface of the container when the bag adapter is mounted to the container (adjacent 33).
8. The bag adapter according to claim 1, wherein the seating frame is laterally open (fig 4).
9. The bag adapter according to claim 8, further comprising a clamping frame pivotally connected to the seating frame, the clamping frame closing onto the seating frame to hold a bag therebetween (adjacent 40 with pivoting for example shown between figs 3, 4).
10. The bag adapter according to claim 9, wherein the bottom peripheral edge of the seating frame has a dimension greater than that of the container opening, such that the seating frame is configured to be seated to a surface of the container surrounding the container opening (see 112 rejection above; nevertheless the prior discloses the above fig 1-9; capable of performing the above intended use).
11. The bag adapter according to claim 9, wherein a flange projects from and surrounds the seating frame, the flange configured to be supported against a surface of the container when the bag adapter is mounted to the container (adjacent 33).
12. The bag adapter according to claim 11, wherein the seating frame has at least one tab projecting from the flange, the at least one tab projecting toward the container upon the bag adapter being mounted to the container (vertical tabs shown in fig 2 on 30 around the periphery).
13. The bag adapter according to claim 9, wherein a tab projects from the clamping frame, the tab for pivoting the clamping frame relative to the seating frame (adjacent 41).
14. A kit comprising: the bag adapter according to claim 1; the bag having a bottom bag dimension at most equal to a throat section of the container (capable of performing the above intended use, Applicant no longer positively claimed the bag; nevertheless prior art also discloses bag as shown in fig 3, 4 with 10).
15. The kit according to claim 14, wherein the bottom bag dimension has a dimension smaller than the seating frame opening (as shown in fig 3, 4 with 10).
16. The kit according to claim 14, wherein the bottom bag dimension is smaller than a top bag periphery (as shown in fig 3, 4 with 10).
17. (Currently Amended) The kit according to claim 14, wherein the bag is part of a plurality bags (capable of performing the above intended use; Applicant no longer positively claims the above).
18. (Currently Amended) The kit according to claim 17, wherein the plurality of bags are in a roll (capable of performing the above intended use; Applicant no longer positively claims the above).
19. (Currently Amended) The kit according to claim 18, wherein the plurality of bags in the roll are connected from a bottom of one of the plurality of bags to a top of a subsequent one of the plurality of bags (capable of performing the above intended use; Applicant no longer positively claims the above).
20. (Previously Presented) The kit according to claim 18, wherein the roll is in a cassette body (capable of performing the above intended use; Applicant no longer positively claims the above).
Response to Arguments
Applicant's arguments filed 04/13/2026 have been fully considered but they are not persuasive. Applicant states “Claim 1 includes features that did not form part of any rejected claims. Lin fails to disclose each and every element of claim 1.” Lin discloses claim 1 as provided in the above rejection. Accordingly, Applicant/Appellant has not demonstrated error in the factual findings or reasoning set forth by the Office and the Office must maintain the rejections.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
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