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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin (South Korea Patent Application Publication KR20060119361A) hereinafter JIN, in view of Padda et al. (U. S. Patent Application Publication US20150307257A1) hereinafter PADDA.
Regarding claim 1, JIN teaches (see FIG. 1 - FIG. 3 below) a disposable receptacle 2 capable of holding used pet litter; the receptacle 2 comprising:
(a) a container 10 defining an interior volume 11; the container 10 having a bottom wall J2-01, first and second opposing side walls J1-01 extending from the bottom wall J2-01, and first and second opposing end walls J1-02 extending from the bottom wall J2-01 and between the first and second side wall J1-01; the container 10 having an access opening J1-03 surrounded by a rim J1-04 defined by free ends J2-04 of the first and second side walls J1-01 and first and second end walls J1-02; and
(b) a removable lid 30 covering the access opening J1-03;
(i) the lid 30 having an interior side J2-02 in communication with the interior volume 11 of the container 10 and an opposite exterior side J2-03 facing away from the interior volume 11 of the container 10;
(ii) the lid 30 having a lock tab 36, 37 projecting from the exterior side J2-03 capable to be constructed and arranged to mate with a cover member in a litter box; and
(c) the container 10 and the lid 30 having radially projecting flanges J1-05.
JIN fails to teach radially projecting flanges J1-05 with an open passage in between.
JIN fails to teach open passage sized to receive a guide rail in a litter box, when operably positioned therein.
However, PADDA teaches (see FIG. 1 - FIG. 8 below) a clamshell container P1-01 comprising radially projecting flanges P1-02 with an open passage P3-01 for ease of use capable to be sized to receive a guide rail in a litter box, when operably positioned therein.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified radially projecting flanges J1-05 in the disposable receptacle 2 of JIN with radially projecting flanges P1-02 as taught in the clamshell container P1-01 of PADDA for ease of use.
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Regarding claim 3, JIN and PADDA (as applied to claim 1 above) teaches all the limitations of the claim. JIN further teaches (see FIG. 1 - FIG. 3 above) receptacle 2 wherein the container 10 and lid 30 have a flap lock arrangement 24, 27 to selectively secure the container 10 and lid 30 together.
Regarding claim 4, JIN and PADDA (as applied to claim 3 above) teaches all the limitations of the claim. JIN further teaches (see FIG. 1 - FIG. 3 above) receptacle 2 wherein the flap lock arrangement 24, 27 includes one or more foldable flaps 24 on the container 10, and one or more receivers 27 on the lid 30 to receive the one or more flaps 24.
Regarding claim 5, JIN and PADDA (as applied to claim 4 above) teaches all the limitations of the claim. JIN further teaches (see FIG. 1 - FIG. 3 above) receptacle 2 wherein the container 10 has at least two foldable flaps 24 and the lid 30 has at least two receivers 27 sized to receive the flaps 24.
Regarding claim 6, JIN and PADDA (as applied to claim 1 above) teaches all the limitations of the claim. JIN further teaches (see FIG. 1 - FIG. 3 above) receptacle 2 wherein:
(a) the flanges J1-05 on the container 10 extend radially from the rim J1-04 adjacent the first and second side wall J1-01;
(b) the lid 30 has opposite first and second side edges J1-06 and opposite first and second end edges J1-07 between the first and second side edges J1-06; and
(c) the flanges J1-05 on the lid 30 extend radially from the first and second end edges J1-07 of the lid 30.
Regarding claim 7, JIN and PADDA (as applied to claim 1 above) teaches all the limitations of the claim. JIN further teaches (see FIG. 1 - FIG. 3 above) receptacle 2 wherein the lock tab 36, 37 has a free end J1-08, J1-09.
JIN fails to teach a ramped surface extending downward from the free end J1-08, J1-09 and toward a remaining portion of the lid 30.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified form of free end J1-08, J1-09 (i.e., with a ramped surface extending downward) in the receptacle 2 of JIN and PADDA to meet design requirements since a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Regarding claim 8, JIN and PADDA (as applied to claim 7 above) teaches all the limitations of the claim. JIN further teaches (see FIG. 1 - FIG. 3 above) receptacle 2 wherein:
(a) the lid 30 has opposite first and second side edges J1-06 and opposite first and second end edges J1-07 between the first and second side edges J1-06; and
(b) the lock tab 36, 37 is located along one of the first and second side edges J1-06.
Regarding claim 9, JIN and PADDA (as applied to claim 8 above) teaches all the limitations of the claim. JIN further teaches (see FIG. 1 - FIG. 3 above) receptacle 2 wherein the lock tab 36, 37 is centered between the first and second end edges J1-07 of the lid 30.
Regarding claim 10, JIN and PADDA (as applied to claim 7 above) teaches all the limitations of the claim. JIN fails to teach (see FIG. 1 - FIG. 3 above) receptacle 2 wherein the lock tab 36, 37 has a triangular cross-sectional profile.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified form of lock tab 36, 37 (i.e., with a triangular cross-sectional profile) in the receptacle 2 of JIN and PADDA to meet design requirements since a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Regarding claim 11, JIN and PADDA (as applied to claim 1 above) teaches all the limitations of the claim. JIN further teaches (see FIG. 1 - FIG. 3 above) receptacle 2 wherein the container 10 has a finger tab 22 extending radially upward from the rim J1-04 adjacent one of the first and second side walls J1-01.
JIN fails to teach finger tab 22 extending radially outwardly from the rim J1-04 adjacent one of the first and second side walls J1-01.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have the modified relative placement of finger tab 22 (i.e., to extend radially upward from the rim J1-04) in the container 10 of JIN and PADDA to meet design requirements since rearrangement of parts is held as an obvious matter of design choice. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding claim 12, JIN and PADDA (as applied to claim 11 above) teaches all the limitations of the claim. JIN further teaches (see FIG. 1 - FIG. 3 above) receptacle 2 wherein the finger tab 22 is centered between the first and second end walls J1-02 of the container 10.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over JIN, in view of PADDA, in further view of Moon (U. S. Patent Application Publication US20180141697A1) hereinafter MOON.
Regarding claim 2, JIN and PADDA (as applied to claim 1 above) teaches all the limitations of the claim. JIN fails to teach (see FIG. 1 - FIG. 3 above) receptacle 2 wherein each of the first end wall J1-02 and second end wall J1-02 has an outwardly projecting protuberance sized to be received by a recess in a litter box.
However, MOON teaches (see FIG. 1, FIG. 2, FIG. 5 below) a storage box 10 wherein each of the first end wall 14 and second end wall 16 has an outwardly projecting protuberance 66 for structural purposes (page 9, para. [0029], lines 8-10, “… stacked …”) capable to be sized to be received by a recess in a litter box.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified first end wall J1-02 / second end wall J1-02 in the disposable receptacle 2 of JIN and PADDA with first end wall 14 / second end wall 16 as taught in the a storage box 10 of MOON for structural purposes.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Strange et al. (U. S. Patent Application Publication US20110139785A1): Teaches a “container” with similar characteristics as the claimed invention.
Wang (U. S. Patent Application Publication US20060278552A1): Teaches a “lid” with similar characteristics as the claimed invention.
Fore et al. (U. S. Patent Application Publication US20030121917A1): Teaches a “container” with similar characteristics as the claimed invention.
Khoury (U. S. Patent US3984025A): Teaches a “pull tab” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY D. STASHICK can be reached on (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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/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735