The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lou (CN-204104090-U, in view of the English Language Translation (ELT)).
Regarding claim 1, Lou discloses an apparatus (see figures 1 and 2), comprising: a trash can or planter pot unit 102 including a bottom wall and one or more surrounding sidewalls that define an interior receiving space (see ELT, para. 0042, regarding “the container of this embodiment is set to the relatively large volume of the column for home furnishing application”; see also, ELT, abstract, regarding “container for articles [e.g., trash] or growing plants”); and a speaker assembly 101 removably attached to the trash can or planter pot unit 102 and acting as a base on which the trash can or player pot unit 102 sits during use (see ELT, para. 0039, regarding “detachable connection structure”).
Regarding claim 11, the bottom of the speaker assembly 101 includes a plurality of downwardly extending support feet 1017.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lou (CN-204104090-U, in view of the English Language Translation (ELT)), as applied to claim 1 above, in further view of Westgerdes (US D360,338).
Lou discloses the invention as claimed, but fails to specifically teach that the bottom wall includes a downwardly extending first tubular connection part and the speaker assembly 101 includes a second tubular connection part that threadedly engages with the first tubular connection part for holding the speaker assembly 101 to the trash can or planter pot unit 102 as claimed. Westgerdes discloses an apparatus including: a container unit (middle portion of fig. 1) including a bottom wall and one or more surrounding sidewalls that define an interior receiving space; and a bottom unit (bottom portion of fig. 1) removably attached to the container unit and acting as a base on which the container unit sits during use, wherein the bottom wall includes a downwardly extending first tubular connection part and the bottom unit includes a second tubular connection part that threadedly engages with the first tubular connection part for holding the bottom unit to the container unit, in the same field of endeavor, for the purpose of removably attaching the bottom unit to the container unit via a threaded structure as taught by Westgerdes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Lou, in view of Westgerdes, such that the bottom wall includes a downwardly extending first tubular connection part and the speaker assembly 101 includes a second tubular connection part that threadedly engages with the first tubular connection part for holding the speaker assembly 101 to the trash can or planter pot unit 102 as claimed. A practitioner in the art would have been motivated to do this for the purpose of removably attaching the speaker assembly 101 to the trash can or planter unit 102 via a threaded structure as taught by Westgerdes.
Regarding claim 3, the first tubular connection part is spaced radially inwardly of a perimeter of the bottom wall as claimed. See Westgerdes, fig. 1, for example.
Regarding claim 4, the second tubular connection part threadedly engages with the first tubular connection part as claimed. See Westgerdes, figs. 1 and 11, for example.
Regrading claim 5, the first tubular connection part is externally threaded, the second tubular connection part is internally threaded, and the first tubular connection part is threaded into the second tubular connection part as claimed. See Westgerdes, figs. 1 and 11, for example.
Regarding claim 7, the speaker assembly 101 and the trash can or planter pot unit 102 collectively define a rotational inter-engagement system by which the speaker assembly 101 is rotationally secured to the trash can or planter pot unit 102 and rotationally removable from the trash can or planter pot unit 102. See Westgerdes, figs. 1 and 11, for example.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lou (CN-204104090-U, in view of the English Language Translation (ELT)) and Westgerdes (US D360,338), as applied to claim 2 above, in further view of Lilly (US 6,778,813).
Lou, as modified and applied to claim 2 above, discloses the invention as claimed, including that the bottom wall includes a downwardly extending first tubular connection part and the speaker assembly 101 includes a second tubular connection part that engages with the first tubular connection part for holding the speaker assembly 101 to the trash can or planter pot unit 102, and further that the first tubular connection part is spaced radially inwardly of a perimeter of the bottom wall, but fails to specifically teach that a diameter of the first tubular connection part is between 40% and 60% of a diameter of the bottom wall. Note that Lou, as modified by Westgerdes, only teaches that the diameter of the first tubular connection part is greater than 60% of the diameter of the bottom wall (see Westgerdes, fig. 1, for example).
Lilly discloses an apparatus including: a container unit 22 including a bottom wall and one or more surrounding walls that define an interior receiving space; and a speaker assembly 24 removably attached to the container unit 22 and acting as a base on which the container unit 22 sits during use, wherein the bottom wall includes a first tubular connection part 38 and the speaker assembly 24 includes a second tubular connection part 44 that engages with the first tubular connection part 38 for holding the speaker assembly 24 to the container unit 22, wherein a diameter of the first tubular connection part 38 is between 40% and 60% of a diameter of the bottom wall, in the same field of endeavor, for the purpose of removably attaching the speaker assembly 24 to the container unit 22 via a threaded structure having the specific diameters of the tubular connection parts as taught by Lilly (see abstract and fig. 3, for example).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Lou, in view of Lilly, such that a diameter of the first tubular connection part is between 40% and 60% of a diameter of the bottom wall. A practitioner in the art would have been motivated to do this for the purpose of removably attaching the speaker assembly 101 to the trash can or planter pot unit 102 via a threaded structure having the specific diameters of the tubular connection parts as taught by Lilly (see Lilly, abstract and fig. 3, for example).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lou (CN-204104090-U, in view of the English Language Translation (ELT)), as applied to claim 1 above, in further view of Lusareta (US 5,990,790).
Lou discloses the invention as claimed, but fails to specifically teach that the speaker assembly 101 incorporates an internal lighting unit and at least a light emitting portion of the speaker assembly 101 is transparent or translucent. Lusareta discloses an apparatus including: a container unit 25 including a bottom wall 25a and one or more surrounding walls that define an interior receiving space; and a speaker assembly 10 removably attached to the container unit 25 and acting as a base on which the container unit 25 sits during use, wherein the speaker assembly 10 incorporates an internal light unit 13 (e.g., lighting control unit) and at least a light emitting portion 18-20 of the speaker assembly 10 is transparent (e.g., LEDs extend through wall of the speaker assembly 10, wherein each of the LEDs include an optical cover which is transparent; see fig. 3, for example), in the same field of endeavor, for the purpose of “blink[ing] randomly or in a programmed sequence” for the pleasure of the user (see figures 1 and 2, and col. 2, lines 19-24).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Lou, in view of Lusareta, such that the speaker assembly 101 incorporates an internal lighting unit and at least a light emitting portion of the speaker assembly 101 is transparent as claimed. A practitioner in the art would have been motivated to do this for the purpose of blinking randomly or in a programmed sequence for the pleasure of the user.
Regarding claim 9, the light emitting portion is formed by an annular housing wall portion of the speaker assembly 101. For example, the ring of LEDs around the wall of the speaker assembly is considered the light emitting portion formed by an annular housing wall portion of the speaker assembly as claimed.
Regarding claim 10, the speaker assembly 101 includes an internal speaker component 1011, wherein an axial height of the internal speaker component 1011 axially overlaps with an axial height of the annular housing wall portion (e.g., the annular housing wall portion of the speaker assembly which includes the ring of LEDs attached thereto).
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lou (CN-204104090-U, in view of the English Language Translation (ELT)), as applied to claim 1 above, in further view of Yin (US D1,071,662).
Lou discloses the invention as claimed, including that the speaker assembly 101 includes an internal downwardly facing speaker 1011, but fails to specifically teach that the speaker assembly 101 further incudes a series of sound emitting slots disposed in a housing portion of the speaker assembly 101 and located lower than the speaker 1011. Yin discloses an apparatus including: a container unit (upper portion of fig. 1) including a bottom wall and one or more surrounding walls that define an interior receiving space; and a speaker assembly (bottom portion of fig. 1) attached to the container unit and acting as a base on which the container unit sits during use, wherein the speaker assembly includes a speaker and a series of sound emitting slots 9 disposed in a housing portion of the speaker assembly and located lower than the speaker, in the same field of endeavor, for the purpose of effectively emitting audio from the speaker to the outside of the housing portion of the speaker assembly (see figures 2 and 9, for example).
It would have been obvious to one having ordinary skill in the art before the effective fling date of the invention to modify Lou, in view of Yin, such that the speaker assembly 101 further incudes a series of sound emitting slots disposed in a housing portion of the speaker assembly 101 and located lower than the speaker 1011. A practitioner in the art would have been motivated to do this for the purpose of effectively emitting audio from the speaker 1011 to the outside of the housing portion of the speaker assembly 101.
Regarding claim 13, the sound emitting slots are elongated in a vertical direction and are equidistantly spaced around the housing portion. See Yin, figures 2 and 9, for example.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on the PTO-892 each disclose an apparatus including a container unit and a speaker assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W HUBER whose telephone number is (571)272-7588.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen, can be reached at telephone number 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W HUBER/Primary Examiner, Art Unit 2691
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June 10, 2026
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