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 Objections
Claims 17-19 are objected to because of the following informalities: Claims 17-19 should read “(New)”. Appropriate correction is required.
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.
Claims 17-19 and 21-30 are 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.
Claim 17 recites the limitation “the first end". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 17-19 and 21-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Diehl (US20040164568).
17. (Currently Amended) Diehl teaches a method comprising: positioning a container including a bottom portion (in the below annotated Fig. 7), an upper portion (in the below annotated Fig. 7), and a pair of opposing side walls (in the below annotated Fig. 7) defining an opening (in the below annotated Fig. 7) for receiving materials therein, the bottom portion including a plurality of slots (in the below annotated Fig. 7), and a plurality of teeth (in the below annotated Fig. 7), wherein each of the plurality of teeth includes a first portion (in the below annotated Fig. 7) and a second portion (in the below annotated Fig. 7), the first portion being coupled to and extending from the first end of the corresponding one of the slots. Diehl DIFFERS in that it does not disclose each of the plurality are relative to a corrugated surface such that each of the plurality of teeth are at least partially disposed within corresponding grooves of the corrugated surface and the first portion extends at an angle relative to the bottom portion of the container, the second portion being generally parallel to the bottom portion of the container; and causing the container to move in a first direction relative to the corrugated surface such that the plurality of teeth cause materials within the grooves of the corrugated surface to be received within an opening of the container. However a change in shape is considered to be within the skill level of one of ordinary skill within the art, therefore, it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Diehl by employing the teeth to have this shape, in order to get into collect waste that would require such a shape. Diehl DIFFERS in that it does not disclose the container is used with a corrugated surface. Diehl does disclose the container is usable on a hard surface. therefore, it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Diehl by employing the container to be usable with such a surface, in order to use the container on various surface locations.
18. The method of claim 17, further comprising subsequent to the positioning the container, causing the container to move in a second direction that is generally orthogonal to the first direction towards the corrugated surface to cause the plurality of teeth to move from a first position towards a second position (Figs. 1-7).
19. The method of claim 17, wherein the container includes a handle for aiding in causing the container to move in the first direction and the second direction (Figs. 1-7).
20. (Canceled).
21. (New) The method of claim 19, wherein the handle is pivotally coupled to the container (Figs. 1-7).
22. (New) The method of claim 21 wherein the second portion of each of the plurality of teeth includes a first end coupled to the first portion and a second end having an angled surface configured to aid the plurality of teeth in causing materials to be received within the opening (Figs. 1-7).
23. (New) The method of claim 22 wherein each of the plurality of teeth are deflectable relative to the bottom portion of the container to aid in causing the second portion of each of the plurality of teeth to engage an upper surface of the corresponding groove in the corrugated surface (Figs. 1-7).
24. (New) The method of claim 23, wherein responsive to the plurality of teeth being in the second position, a vertical distance between the bottom portion of the container and the second portion of each of the plurality of teeth is between about 0.75 inches and about 1.5 inches (Figs. 1-7).
25. (New) The method of claim 23, further comprising: responsive to at least one of the plurality of teeth not being in contact with the corrugated surface, causing the container to move in the first direction to cause the plurality of teeth to move from the second position towards a third position (Figs. 1-7).
26. (New) The method of claim 17, wherein pairs of webs aid in inhibiting movement of the plurality of teeth relative to the container (Figs. 1-7).
27. (New) The method of claim 17, wherein each of the plurality of teeth includes a coating designed to increase friction relative to the corrugated surface (Figs. 1-7).
28. (New) The method of claim 17, wherein each of the plurality of slots are generally rectangular (Figs. 1-7).
29. (New) The method of claim 17, wherein the angle is between about 15 degrees and about 75 degrees (Figs. 1-7).
30. (New) The method of claim 17, wherein each of the plurality of teeth has a width that is between about 0.5 inches and about 2 inches (Figs. 1-7).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEN KAY THOMAS whose telephone number is (571)270-5611. The examiner can normally be reached 9:00am-5:00pm.
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/KAREEN K THOMAS/Primary Examiner, Art Unit 3736