DETAILED ACTION
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 21-40 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.
In claim 21, line 1, after “a locking device”, it is suggested that the language be changed to –for a waste container, the locking device comprising--, for clarity of scope of claim language.
In claim 21, in “the latch biased backwardly”, a “backwardly” orientation has not been adequately defined in the context of the claimed invention.
In claim 21, in the phrase “the latch biased backwardly in a direction… the locking member”, it is unclear under what conditions such a function is intended to occur and for what particular functional purpose, in the context of the claim language.
In claim 21, it is unclear how, in what way, and by what means the function of “is deflected away from… hits the locking member” is achieved and for what particular intended purpose, in the context of the claim language.
Allowable Subject Matter
Claims 21-40, as best understood, would be allowable if rewritten or amended 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A WILLIAMS whose telephone number is (571)272-7064. The examiner can normally be reached Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK A WILLIAMS/ Primary Examiner, Art Unit 3675
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