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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The disclosure is objected to because of the following informalities:
In paragraph 18 of the specification, the applicant states “Preferably the anchor longitudinally extends between a receptacle end an anchor opening end”. It appears the word “and” is missing between “end” and “an” to read “Preferably the anchor longitudinally extends between a receptacle and an anchor opening end”.
Appropriate correction is required.
Claim Objections
Claims 2-20 are objected to because of the following informalities:
Regarding claims 2-20. The applicant states “A container according to claim“. Since claim 1 states “A container”, dependent claims 2-20 should be changed to say “The container”.
Further regarding claim 14, the applicant states “the anchor longitudinally extends between a receptacle end an anchor opening end”. It appears the word “and” is missing between “end” and “an” to read “the anchor longitudinally extends between a receptacle end and an anchor opening end”.
Appropriate correction is required.
Drawings
The drawings are objected to because the majority of the arrows are not directly pointing at the associated part. For example, the location of reference 10 is acceptable because it relates to the whole invention. The arrows for references 18, 28, 32, 12, 26, 36, 24, 48, 38, 50 and 20 just point to general areas. 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.
Claim 19 is 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.
Regarding claim 19, the applicant states “A container according to claim 18, wherein the anchor wall is sized to define a receptacle enclosure”. Claim 18, from which claim 19 depends, states “A container according to claim 17, wherein the anchor wall is sized to define a receptacle enclosure”. This limitation appears to be introduced twice, falling under double inclusion. Where a claim directed to a device can be read to include the same element twice, the claim may be indefinite. Ex parte Kristensen, 10 USPQ2d 1701 (Bd. Pat. App. & Inter. 1989).
Claim Rejections - 35 USC § 102
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 102134095).
Regarding claim 1, Kim teaches a container (figures 1-7, reference 10), reference including: a receptacle (figure 1, reference 20) defining a receptacle interior for holding product (figure 3, inside reference 40), the receptacle including a receptacle opening to provide access to the receptacle interior (figure 7, near reference 4); and an anchor operatively associated with the receptacle (figure 1-7, reference 28), the anchor adapted to secure a bag within the receptacle interior with an open end of the bag protruding from the receptacle opening (figure 1-7, reference 2 and paragraphs 15 and 16 of the machine translation), the anchor including an anchor opening (figures 1-7, reference 28A) adapted to align with the receptacle opening such that product in use passes through the anchor opening and the open end of the bag to be held within the bag inside receptacle interior (figure 1-7, reference 28A and paragraphs 24-25 of the machine translation).
Regarding claim 2, Kim teaches all of the claim limitations of claim 1, as shown above. Furthermore, Kim teaches a closure for closing the anchor opening (figure 1-7, reference 104).
Regarding claim 3, Kim teaches all of the claim limitations of claim 2, as shown above. Furthermore, Kim teaches the receptacle is adapted to be configured in (i) a closed condition to hold product within the receptacle interior (figure 1), and (ii) an open condition to remove product from the receptacle interior (figure 6 and 7).
Regarding claim 4, Kim teaches all of the claim limitations of claim 3, as shown above. Furthermore, Kim teaches a first receptacle element (figure 4 and 5, reference 30) detachably attachable to a second receptacle element (figure 4 and 5, reference 22).
Regarding claim 5, Kim teaches all of the claim limitations of claim 4, as shown above. Furthermore, Kim teaches the first receptacle element longitudinally extends between a base (figure 5, near reference 30) and a second receptacle end (figure 5, bottom of reference 20 near 22).
Regarding claim 6, Kim teaches all of the claim limitations of claim 5, as shown above. Furthermore, Kim teaches the first receptacle element includes a first receptacle wall (figure 4, front of reference 30) which extends from the base to the second receptacle end (figure 4).
Regarding claim 7, Kim teaches all of the claim limitations of claim 6, as shown above. Furthermore, Kim teaches the first receptacle wall tapers outwardly from the base to the second receptacle end (figure 4, reference 30: the first receptacle wall tapers outwardly from the base to the top of the first receptacle element which meets the second receptacle end).
Regarding claim 8, Kim teaches all of the claim limitations of claim 7, as shown above. Furthermore, Kim teaches the second receptacle element longitudinally extends between a first receptacle end (figure 1, top of reference 30) and an anchor end (figure 1, top of reference 24 at the end of anchor 28).
Regarding claim 9, Kim teaches all of the claim limitations of claim 8, as shown above. Furthermore, Kim teaches the second receptacle element includes a second receptacle wall (figure 6, reference 20 along 22 and 24) which extends between the first receptacle end (figure 1 and 6, near the bottom of 22 at 30) and the anchor end (figure 1 and 6, near the top of 24 near 28).
Regarding claim 10, Kim teaches all of the claim limitations of claim 9, as shown above. Furthermore, Kim teaches the second receptacle wall tapers inwardly from the first receptacle end to the anchor end (figure 3, reference 22/24 to 28).
Regarding claim 11, Kim teaches all of the claim limitations of claim 10, as shown above. Furthermore, Kim teaches the anchor end of the second receptacle element defines the receptacle opening (figure 6 and 7, top of reference 24 and bottom of reference 28).
Regarding claim 12, Kim teaches all of the claim limitations of claim 11, as shown above. Furthermore, Kim teaches the anchor end of the second receptacle element includes a receptacle lip (figure 7, top surface of 24) which extends from the second receptacle wall to define the receptacle opening (figure 7).
Regarding claim 13, Kim teaches all of the claim limitations of claim 12, as shown above. Furthermore, Kim teaches the first receptacle element includes a first attachment formation at the second receptacle end (figure 3, as shown in the annotated figure below) and the second receptacle element includes a second attachment formation at the first receptacle end (figure 3, as shown in the annotated figure below), the first attachment formation operatively adapted to engage the second attachment formation (figure 3, as shown in the annotated figure below).
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Regarding claim 14, Kim teaches all of the claim limitations of claim 13, as shown above. Furthermore, Kim teaches the anchor longitudinally extends between a receptacle end (figure 3, outside of reference 20 at 28) and an anchor opening end (figure 3, along top of 28 to 104).
Regarding claim 15, Kim teaches all of the claim limitations of claim 14, as shown above. Furthermore, Kim teaches the anchor opening end of the anchor defines the anchor opening (figure 3, reference 28a).
Regarding claim 16, Kim teaches all of the claim limitations of claim 15, as shown above. Furthermore, Kim teaches the anchor includes an anchor wall which tapers outwardly from the anchor opening end to the receptacle end (figure 3, reference 28 from top to bottom).
Regarding claim 17, Kim teaches all of the claim limitations of claim 16, as shown above. Furthermore, Kim teaches the anchor opening end includes an anchor lip which extends from the anchor wall to define the anchor opening (figure 3: Top of anchor 28 extends inward towards the inlet 28a. The portion when the top of the anchor forms the inlet 28a is the lip).
Regarding claim 18, Kim teaches all of the claim limitations of claim 17, as shown above. Furthermore, Kim teaches the anchor wall is sized to define a receptacle enclosure adapted to enclose a portion of the second receptacle element (figure 5 and 7: anchor 28 includes an interior space which accepts and encloses a portion of the second receptacle element 20 at 24).
Regarding claim 19, Kim teaches all of the claim limitations of claim 18, as shown above. Furthermore, Kim teaches the anchor wall is sized to define a receptacle enclosure adapted to enclose the first and second receptacle element (figure 6).
Regarding claim 20, Kim teaches all of the claim limitations of claim 15, as shown above. Furthermore, Kim teaches the closure includes a plunger body (figure 5, reference 110: when the container 20 is compressed, as shown in the figure 5, the bottom surface of closure 104 along 110 acts as a plunger body to compress the contents).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hao et al. (CN 110877788) discloses a compressible container.
Wilson (US 9,624,032) discloses a container with a plunger for compressing waste.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAVIER A PAGAN whose telephone number is (571)270-7719. The examiner can normally be reached Monday - Thursday: 6:30am-4:30pm.
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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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/JAVIER A PAGAN/Primary Examiner, Art Unit 3735
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