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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “20” has been used to designate both a clamping block (Figure 6) and transmission rod (Figure 3). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2-10 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 2 recites the limitation “waist-shaped grooves” and it is unclear what a “waist-shaped groove encompass structurally. For the purpose of examination, the waist shaped is assumed to have a small area leading into a larger area. Clarification is respectfully requested.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US 2018/0305120).
1: Yang teaches a pedal type flip-up trash can (generally shown in Figures 1-11), comprising: a body assembly (assembly 22) having an opening at an upper end (opening at the top of 22, at 38, when lid 24 is opened Figure 5); a lid (lid 24) hinged on an inner wall on left and right sides of the opening, wherein a hinge point between the lid and the body assembly is located in a middle rear part of the lid (see Figure 7 below); and
a transmission assembly (60, Figure 6) for controlling opening of the lid, wherein, the transmission assembly comprises: a pedal (pedal 32), which is hinged at a bottom of the body assembly (hinged at 61, located at the bottom of 22); a first transmission rod (rod between 61 and 62), whose front end is movably arranged in a first movable groove provided at a rear end of the pedal (61 is a pinned connection, wherein a pin and groove connection is provided, and the groove is located at 61, at the rear end of 32, at 33);
a second transmission rod (rod 106), whose lower end is connected to a rear end of the first transmission rod (106 is connected to the rear end of portion 33) through a movable portion (portion 62), and the rear end of the first transmission rod is movably arranged in a second movable groove provided on the movable portion (62 is a pinned connection, wherein a pin and groove connection is provided, and the groove is located at 62, at the rear end of 32, at 33, at the rear end of 106);
a transmission block (block 58), which is provided with a plurality of transmission gear teeth (teeth 205a, Figure 9) and is arranged at an upper end of the second transmission rod (arranged at the top of 106); and a transmission gear (gear 210, Figure 9), which is rotatably arranged in the body assembly (arranged within 22), with a side being clamped with one side of the lid (via top portion 106 and 108), and a clamping point (clamping point where 108 and 50 meets, Figure 9) between the transmission gear and the lid is the hinge point between the lid and the body assembly (hinge point at 50, Figure 9).
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2: Yang teaches the claimed invention as discussed above for Claim 1 and Yang further teaches that the first movable groove and the second movable groove are both configured as waist-shaped grooves (wherein the pivot connection generally has a groove and pin wherein the connection structure protrudes at the connection and does not protrude away from the connection).
3: Yang teaches the claimed invention as discussed above for Claim 2 and Yang further teaches that the trash can further comprises a locking member, which is rotatably arranged on the body assembly (member 213 which is a rotor gear of 212, which provides resistance to closing) and is located beside the hinge point between the lid and the body assembly (located behind point 50/108, Figure 9); and when the lid is opened, the locking member is rotated to resist against the lid, so as to achieve long-time opening of the lid (212/213 provides resistance via control unit 201, thereby slowing the closing of the lid, paragraph 0059).
Allowable Subject Matter
Claims 4-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (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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/King M Chu/Primary Examiner, Art Unit 3735