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 .
Application Status
This action is responsive to the claims filed 24 November 2025.
Claims 1-20 are currently pending and being examined.
Terminal Disclaimer
The terminal disclaimer filed on 24 November 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 12,122,591 has been reviewed and is NOT accepted.
The applicant cited on the terminal disclaimer must be cited exactly as it is cited on the ADS and or filing receipt and also in its entirety. If more space for applicant section is required, please use smaller fonts or submit an attachment page to the terminal disclaimer.
It should be noted that applicant is not required to pay another disclaimer fee as set forth in 37 CFR 1.20(d) when submitting a replacement or supplemental terminal disclaimer.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,122,591. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitations of the parent reads on currently filed claims of this application. As shown in the table below, differences in language are underlined in claim 1 and explained below the table. Claims 2-17 are identical to the patent claims. In the table claim 18 is bolded, underlined, and italicized to show what parts are mapped to claims 18 and 19 of the patent. Claim 20 is recited in claim 1 of the patent.
Present Application
US 12,122,591
1. A method of collecting a flowable material, said method comprising the steps of:
(a) placing a container assembly on a support surface,
said container assembly including a flexible bag and a flexible collection skirt extending from the bag,
said bag being in a collapsed configuration and said skirt being in a flat configuration during the course of step (a), such that a lower face of the skirt and a bottom wall of the bag are closely adjacent one another and the lower face of the skirt and the bottom wall of the bag are each supported by the support surface,
said bag defining a bag interior that presents an open bag top defining a periphery,
said skirt extending outwardly from the bag at the periphery,
said skirt presenting a central skirt opening at the periphery, such that the central skirt opening is coextensive with the open bag top;
(b) depositing a quantity of the flowable material onto the container assembly such that the quantity of flowable material is disposed in both the central skirt opening and the open bag top;
(c) gathering the skirt such that an outer margin of the skirt shifts inward toward an upright axis of the bag; and
(d) lifting the skirt to facilitate shifting of the bag from the collapsed configuration to an expanded configuration and passage of the quantity of flowable material from said central skirt opening and said open bag top into the bag interior.
1. A method of collecting a flowable material, said method comprising the steps of:
(a) placing a container assembly on a support surface,
said container assembly including a flexible bag defining a bag interior and a flexible collection skirt secured to the bag,
said bag being in a collapsed configuration and said skirt being in a flat configuration during the course of step (a), such that a lower face of the skirt and a bottom wall of the bag are closely adjacent one another and the lower face of the skirt and the bottom wall of the bag are each supported by the support surface,
said bag interior presenting an open bag top defining a periphery,
said skirt secured to the bag at the periphery and extending outwardly therefrom,
said skirt presenting a central skirt opening at the periphery, such that the central skirt opening and the open bag top are at least substantially congruent;
(b) depositing a quantity of the flowable material onto the container assembly such that the quantity of flowable material is disposed over the open bag top;
(c) after step (b), gathering the skirt such that an outer margin of the skirt shifts inward toward an upright axis of the bag; and
(d) lifting the skirt to facilitate shifting of the bag from the collapsed configuration to an expanded configuration and passage of the quantity of flowable material from said central skirt opening and said open bag top into the bag interior,
said central skirt opening and said open bag top each maintaining an at least substantially constant shape and size at the completion of step (a) and after completion of step (d).
Claims 2-17 are identical
Claims 2-17 are identical
18. The method of
said open bag top and said central skirt opening each being rectangular in cross-sectional shape,
said bag being quadrate in plan, with the bag interior being rectangular in cross-sectional shape when the bag is in the expanded configuration,
said cross-sectional shapes of the bag interior, open bag top, and central skirt opening all being coextensive when the bag is in the expanded configuration.
18. The method of claim 1,
said bag interior presenting a constant bag interior cross-section when the bag is in the expanded configuration,
said bag interior cross-section being at least substantially congruent with each of said bag open top and said central skirt opening after completion of step (d).
19. The method of claim 18,
said bag open top and said central skirt opening each being rectangular in cross-sectional shape both at the completion of step (a) and after completion of step (d),
said bag being quadrate in plan, with the bag interior being rectangular in cross-sectional shape when the bag is in the expanded configuration.
20. The method of claim 1,
step (c) commencing after completion of step (b).
1. A method …
(c) after step (b)…
As shown in the table above, the difference of language in claim 1:
“the central skirt opening is coextensive with the open bag top” does not differentiate from the patent because the limitation of coextensive is broader and synonymous to “the central skirt opening and the open bag top are at least substantially congruent”, therefore the patent reads on the current claim limitations.
“depositing a quantity of the flowable material onto the container assembly such that the quantity of flowable material is disposed in both the central skirt opening and the open bag top” does not differentiate from the patent because step (b) recites “quantity of flowable material is disposed over the open bag top” and step (d) recites “quantity of flowable material from said central skirt opening and said open bag top”, therefore the patent reads on the current claim limitations.
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.
Claim(s) 1-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cotton (US 8,117,971).
Cotton teaches:
Claim 1: A method of collecting a flowable material (Abstract), said method comprising the steps of:
(a) placing a container assembly (10-fig.1) on a support surface (14-fig.1),
said container assembly including a flexible bag (24-fig.2) and a flexible collection skirt (12-fig.1) extending from the bag (2:40-46; see fig.2 showing 12 extending from 24),
said bag (24-fig.2) being in a collapsed configuration and said skirt being in a flat configuration (2:44-49) during the course of step (a), such that a lower face of the skirt and a bottom wall of the bag are closely adjacent one another and the lower face of the skirt and the bottom wall of the bag are each supported by the support surface (see fig.1 showing the bag walls of 24 adjacent to the lower face of 12 when laying on the picnic table; 2:40-49),
said bag defining a bag interior (see figs.1-2 showing a bag interior for the trash to be placed in; 2:44-49) that presents an open bag top (22-fig.1) defining a periphery (2:40-46),
said skirt (12-fig.1) extending outwardly from the bag (24-fig.2; see fig.2 showing 12 extending outwardly from 24) at the periphery and (2:40-46),
said skirt (12-fig.1) presenting a central skirt opening (22-fig.1) at the periphery, such that the central skirt opening is coextensive with the open bag top (see fig.1 showing 12 and 22 are heat sealed to create a congruent opening, the central opening and bag top are heat sealed, so they will always be coextensive; 2:40-49);
(b) depositing a quantity of the flowable material (28-figs.1-2) onto the container assembly (10-fig.1) such that the quantity of flowable material is disposed on the skirt (2:44-49; see fig.1 showing opening 22 having arrows of where the trash can be placed on 22 when in the collapsed configuration);
(c) gathering the skirt such that an outer margin of the skirt shifts inward toward an upright axis of the bag (2:53-57; fig.2); and
(d) lifting the skirt to facilitate shifting of the bag from the collapsed configuration to an expanded configuration and passage of the quantity of flowable material from said central skirt opening and said open bag top into the bag interior (2:53-59; fig.2).
Cotton does not expressly disclose a quantity of flowable material is disposed in both the central skirt opening and the open bag top.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant's claimed invention, that some of the trash (flowable particulate material) could be placed over the open bag top because as shown in figure 1 the slit is partially open and trash can and will likely be placed on the slit (open bag top and skirt opening).
Claim 2: The method of claim 1, further comprising the step of:
(e) depositing a secondary quantity of flowable material (28-fig.1) onto an upper face of the skirt (12-fig.1),
said secondary quantity of flowable material being directed toward the central skirt opening (2:44-49; see fig.1 showing opening 22 having arrows of where the trash can be placed on 22 when in the collapsed configured) and the open bag top (22-fig.1) during the course of step (c) and passing into the bag interior during the course of step (d) (2:53-59; fig.2).
Claim 3: The method of claim 2,
steps (b) and (e) occurring simultaneously (see fig.1 showing a plurality of trash items 28 being deposited on the skirt 12 simultaneously).
Claim 4: The method of claim 1,
steps (c) and (d) occurring simultaneously (2:53-59; fig.2).
Claim 5: The method of claim 1,
said bag including a foldable sidewall projecting from the bottom wall (see fig.2 showing the bag 24 has a bottom and foldable to lay flat; 2:44-46),
said bottom wall and said foldable sidewall at least in part defining the bag interior (see fig.2 showing the bag 24 has a bottom, the bottom is the portion of the bag that is opposite of the opening of the bag, and holds the contents within the bag),
said sidewall being folded during steps (a) and (b) (2:40-46) and unfolding during step (d) (2:53-59).
Claim 6: The method of claim 1,
said bottom wall of the bag (see Fig. 2 showing the bag 24 has a bottom, the bottom is the portion of the bag that is opposite of the opening of the bag, and holds the contents within the bag) being spaced from the lower skirt face a greater distance when the bag is in the expanded configuration than when the bag is in the collapsed configuration (see fig.1 shows the bag bottom close to the skirt and in fig.2 spaced away from the skirt).
Claim 7: The method of claim 1, further comprising the step of:
(f) lifting the container assembly (10-fig.1) to elevate the container assembly and the quantity of material (28-fig.1) contained therein relative to the support surface (fig.2; 2:53-59).
Claim 8: The method of claim 7,
said bag including lifting structures (27-figs.2-3),
step (f) including the step of using the lifting structures to lift the container assembly and the flowable material therein (2:65-3:3).
Claim 9: The method of claim 8,
said lifting structures (27-figs.2-3) being concealed below the lower face of the skirt during steps (a) and (b) (see fig.1 showing the assembly in the collapsed configuration where 27 is shown as a dash line as it is under 12; 2:50-52),
said lifting structures being revealed during the course of step (c) (see fig.2 showing 27 is exposed when the bag is lifted upwardly).
Claim 10: The method of claim 8,
said lifting structures (27-fig.2) being secured to the bag adjacent the periphery of the open bag top (2:50-52; see fig.1 showing the dashed line 29 around the bag opening 22).
Claim 11: The method of claim 1, further comprising the step of:
(g) closing said skirt (3:4-8),
step (g) occurring after completion of step (c) (fig.2 shows step (c) and fig.3 shows step (d)).
Claim 12: The method of claim 11,
step (g) including the step of cinching the skirt (3:4-8).
Claim 13: The method of claim 11,
said skirt (12-fig.1) including a drawstring (18-fig.1) for cinching the skirt (3:4-8).
Claim 14: The method of claim 1,
said skirt (12-fig.1) including a gathering apparatus (18-fig.1),
said gathering apparatus (18-fig.1) including a plurality of gathering loops disposed at spaced locations adjacent the outer margin (3:4-8; see figs. 1-2 showing a plurality of loops 18 spaced around the margin of12),
step (c) including the step of shifting the gathering loops toward the upright axis of the bag, such that the gathering loops are clustered about the upright axis of the bag (fig.3; 3:4-8).
Claim 15: The method of claim 1,
said skirt (12-fig.1) lying in a plane at least substantially orthogonal to the upright axis of the bag when the skirt is in the flat configuration (2:44-46; see fig.1 showing the skirt laying on the table and orthogonal to the upright axis).
Claim 16: The method of claim 1,
said outer margin of the skirt being substantially circular (2:27-29).
Claim 17: The method of claim 1,
said bag open top having a bag open top area (22-fig.1),
said skirt (12-fig.1) having a skirt area that is greater than said bag open top area (see fig.1 showing the area of 12 is greater than the area of 22).
Claim 19: The method of claim 1, further comprising the step of (h) securing the skirt to the bag at the periphery (2:40-49), step (h) including the step of connecting a segment of the skirt to a foldable sidewall of the bag (2:40-49).
Claim 20: The method of step (c) commencing after completion of step (b) (2:53-64).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cotton (US 8,117,971) in view of Beale (US 2010/0290887).
Claim 18: Cotton teaches the method of claim 1,
Cotton does not expressly teach the open bag top and said central skirt opening each being rectangular in cross-sectional shape, said bag being quadrate in plan, with the bag interior being rectangular in cross-sectional shape when the bag is in the expanded configuration, said cross-sectional shapes of the bag interior, open bag top, and central skirt opening all being coextensive when the bag is in the expanded configuration.
However, Beale teaches the open bag top (366-fig.3B) and said central skirt opening (374-fig.3B) each being rectangular in cross-sectional shape (¶[0060]; see fig.3B showing the opening and skirt having a rectangular shape),
said bag (30-fig.3B) being quadrate in plan (¶[0060]), with the bag interior being rectangular in cross-sectional shape when the bag is in the expanded configuration (see fig.3B showing the bag interior rectangular in shape in the expanded configuration),
said cross-sectional shapes of the bag interior, open bag top, and central skirt opening all being coextensive when the bag is in the expanded configuration (see fig.3B showing them as coextensive).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant's claimed invention, to modify the container of Cotton, by having a rectangular bag with a rectangular opening, as taught by Beale, so the bag can be then transported on a pallet, crane, or forklift. (Beale ¶[0006] & ¶[0056]).
Response to Arguments
Applicant's arguments filed 24 November 2025 have been fully considered but they are not persuasive.
Applicant’s Arguments:
“Among other things, for instance, the method of using the Cotton tablecloth/trash bag hybrid simply does not show or suggest the step of intentionally or purposely placing material-that is, "depositing" material- "onto the container assembly" such that it is "disposed in both the central skirt opening and the open bag top." Rather, no indication whatsoever is made that material engages the slit area of the tablecloth of Cotton except during cleanup. That is, material is not intentionally deposited onto the slit 22. This lack of deposition is shown in FIG. 1 of Cotton, in which the slit is left clear. The arrows in FIG. 1 pointing into the slit are simply showing where items will go in the subsequent (future) step of cleanup, which is shown in detail in FIG. 2.” (Remarks p. 9)
Examiner’s Response:
It would be obvious that the trash items 28 are not in the exact place as shown in figure 1 when the invention is used, it is obvious that the person using the invention would place trash anywhere on top of the invention. Additionally, a piece of dust that is sitting on the open bag opening would read on the invention even if it was not intentionally placed there. Therefore, Cotton does teach the claim limitations of claim 1 as written. In regard to claim 20, Cotton does not explicitly disclose that those steps happen simultaneously for the same reason as for claim 1.
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 KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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/KATIE L GERTH/Examiner, Art Unit 3731
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731