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
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.
Claims 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wentz et al. (U.S. 2007/0202751) in view of Wynn et al. (U.S. 8,672,171).
Regarding claim 11, Wentz et al. teaches a receptacle 10 comprising a body 12 having a receiving space (figure 1), a handle 40, 38 coupled to the body (figure 2), the handle includes a pair of side walls 40 extending from a top portion of the body (figure 2), a cinch 60 positioned through each side wall and having a locking mechanism 52.
Wentz et al. discloses the claimed invention except for the locking mechanism positioned at one end of the cinch (where the cinch is positioned through each sidewall) forming a wave shape formation within the cinch. Wynn et al. teaches that it is known to the locking mechanism positioned at one end of the cinch forming a wave shape formation within the cinch (see element 80 in figure 3B). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the receptacle of Wentz et al. with the cinch structure, as taught by Wynn et al., in order to lock the liner within the cinch with one finger.
Further regarding claim 11, Wynn et al. teaches a cinch (figure 3A) positioned through each side wall and having a locking mechanism, the locking mechanism 88 positioned at one end of the cinch 90 forming a wave shape formation within the cinch (figure 3B), the wave shape formation formed from a curved projection member at 44 extending towards a central portion of a passageway of the cinch, the locking mechanism 88 formed in an opposing direction with respect to the curved projection member at 44, the locking mechanism 88 being formed in an opposing direction relative to the curved projection member at 44 (locking mechanism extends radially outwardly and curved projection member extends radially inwardly) and mirroring the shape of the curved projection member to define a complementary locking channel configured to frictionally capture a liner.
Regarding claim 12, the side walls taper towards the top portion of the body (figure 2).
Regarding claim 13, the handle further includes a grip 38.
Regarding claim 14, the grip 38 is coupled between a first side wall and a second side wall of the pair of side walls (figure 1).
Regarding claim 15, the cinch provides a locking position by threading a liner through the cinch and positioning the liner within the locking mechanism, as modified by Wynn et al. above (figures 8-10 of Wynn et al.).
Regarding claim 16, the cinch provides an unlocking position by exiting the liner from the locking mechanism and removing the liner from the cinch (figure 8 of Wynn et al.).
Allowable Subject Matter
Claims 1-10 are allowed.
Response to Arguments
Applicant's arguments filed November 10, 2025 have been fully considered but they are not persuasive. The amendment filed November 10, 2025 is sufficient to overcome the rejection of claims 1-10 set forth in the previous Office Action.
Regarding claims 11-16, Applicant argues that Wynn et al. does not teach the wave shape formation. It is the examiner’s position that element 44 shows a wave shape in figure 3B to the degree set forth in claim 11. Claim 11 does not set forth in which direction the wave shape extends, in a manner that defines the shape over the wave shape of 44 of Wynn et al.
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 NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736