DETAILED ACTION
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
2. The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Claim Rejections - 35 USC § 112
3. 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.
4. Claim 18 is 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.
Regarding claim 18, it is unclear how in the state in which no electrical voltage is applied, said at least one electrically operable bending actuator releases a movement of said cover flap from the closed state into the open state. Examiner’s understanding of the invention is that when there is no electrical voltage applied, the cover moves from the open position to the closed position.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 13-15, 19, 20, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2011/0276472 (Rudduck).
Regarding claim 13, Rudduck teaches a waste container (mail box 100; capable of use in the intended manner of receiving waste) for a passenger-transport rail vehicle, the waste container comprising:
at least one cover flap (106); and
an opening mechanism (60) configured to move said cover flap from a closed state (through heating of shape memory wire 16), in which said cover flap closes an opening of the waste container (see final sentence of para. [0084]), into an open state, in which said cover flap at least partially exposes the opening of the waste container for an insertion of waste (capable of inserting waste into a mail box 100);
said opening mechanism including at least one electrically operable bending actuator (see heating of 16 by power from electric terminals 22 and 24; see para. [0077]; see application of electric power in final two sentences of para. [0084]).
Regarding claim 14, said at least one electrically operable bending actuator is configured and, in an operating state of said opening mechanism, is disposed relative to said cover flap in such a way that:
when an electrical voltage is applied, said at least one electrically operable bending actuator applies a force to said cover flap in the closed state due to bending caused by the applied electrical voltage, the force causing said cover flap to move from the closed state into the open state (see bending of 12 by electric heating of 16 in Figs. 1-2) and,
in a state in which no electrical voltage is applied, said at least one electrically operable bending actuator releases a movement of the cover flap from the open state into the closed state (see position in Fig. 1).
Regarding claim 15, further comprises a control facility for controlling said at least one electrically operable bending actuator (see smart card reader 124; para. [0084]).
Regarding claim 19, further comprising an axis, said cover flap being mounted rotatably about said axis (see closure being “hinged” in para. [0027], which hinge axis is read as the axis) and said cover flap having at least one tab (26) for contacting said at least one electrically operable bending actuator, and said tab being disposed at an angle relative to said cover flap, said angle being at least equal to a predetermined opening angle of said cover flap about said axis between the closed state and the open state of said cover flap (see angle of 26 in Fig. 1, which can correspond to an opening angle of the closure).
Regarding claim 20, said at least one electrically operable bending actuator includes a bimetal or a shape memory alloy (see shape memory metal wire 16 in para. [0077]).
Regarding claim 23, said at least one thermally operable bending actuator includes a bimetal or a shape memory alloy (see shape memory metal wire 16 in para. [0077]).
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 16, 17, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0276472 (Rudduck).
Regarding claim 16, Rudduck fails to teach said cover flap is configured and disposed in such a manner that, in the state in which no electrical voltage is applied to said at least one electrically operable bending actuator, said cover flap can be moved by gravity from the open state into the closed state.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the mail box of Rudduck, providing it such that the closure pivots upwardly to open, and would close under force of gravity, motivated by an obvious rearranging of the parts of the prior art, having a predictable outcome absent a teaching of an unexpected result.
A rearrangement of the parts of the prior art is obvious, absent a teaching of an unexpected result. See MPEP 2144.04(VI)(C). In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 17, Rudduck fails to teach the container further comprises at least one spring being pretensioned against said cover flap in such a manner that, in the state in which no electrical voltage is applied to said at least one electrically operable bending actuator, said cover flap can be moved by spring force from the open state into the closed state.
Examiner takes Official Notice it is obvious and well known to provide springs in order to bias closures to the closed position, having a predictable outcome absent a teaching of an unexpected result.
Regarding claim 24, Rudduck as applied fails to teach a passenger-transport rail vehicle, comprising at least one waste container according to claim 13.
Examiner takes Official Notice it is obvious and well known to provide a mail box on a vehicle, having a predictable outcome absent a teaching of an unexpected result.
Allowable Subject Matter
9. Claims 21 and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
10. Examiner notes claim 18 is not rejected with any prior art; however, the corrected scope of the claim cannot be determined at this time, and thus no indication of patentability can be made.
11. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 21, from which claim 22 depends, Rudduck fails to teach the opening mechanism includes at least one thermally operable bending actuator, said at least one thermally operable bending actuator configured to move said opening mechanism from the operating state into an emergency state; in the emergency state of said opening mechanism, said at least one electrically operable bending actuator being disposed relative to said cover flap in such a manner as to render said cover flap free from a force applied by said at least one electrically operable bending actuator upon an electrical voltage being applied due to a bending caused thereby. No such emergency state is taught.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES N SMALLEY/Examiner, Art Unit 3733
