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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 14 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Limitation of “the inner facing wall of the hand grip is coupled to the first outer wall of the first side support and the second outer wall of the second side support” raises new matter to the specification because it is unclear how the inner facing wall of the hand grip could be coupled to the outer wall of each of the first and second side support. Applicant’s Written Description, paragraph [0037], discloses the inner facing wall of the hand grip coupled to the inner walls of the first and second side supports.
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.
Claim 14 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. The claim is indefinite for the reasons explained in the 112, first paragraph, above. It is unclear how the inner facing wall of the hand grip could be coupled to the first and second outer walls of the first and second side supports. Applicant’s Written Description, paragraph [0037], and figure 2 discloses the inner facing wall of the hand grip coupled to the first and second inner walls of the first and second side supports.
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.
Claims 1-5, 7-17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cassel (5,535,910).
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Claim 1
Cassel discloses a lift handle (16) for a receptacle, the lift handle comprising a first side support including a first outer wall (18), a first inner wall (20), and a first connecting wall (22), the first outer wall spaced apart from the first inner wall and joined to the first inner wall by the first connecting wall, the first outer wall and the first inner wall coupled to the
receptacle, a second side support including a second outer wall (18), a second inner wall (20), and a second connecting wall (22), the second outer wall spaced apart from the second inner wall and joined to the second inner wall by the second connecting wall, the second outer wall and the second inner wall coupled to the receptacle, and a hand grip disposed between the first inner wall of the first side support and the second inner
wall of the second side support (see figures above and figure 3).
Claims 2 and 5
Cassel further discloses the hand grip includes an outer facing wall, an inner facing
wall, and a bottom wall (defined by wall where holes 25 are made), including an aperture (25), the bottom wall forming a generally U-shaped cross-section (see figures above, figures 3 and 5, and column 3 lines 64-67).
Claim 3
Cassel further discloses the inner facing wall of the hand grip includes a first end
and a second end, the first end coupled to the first inner wall of the first side support and the second end coupled to the second inner wall of the second side support (see figures above).
Claim 4
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Cassel further discloses the bottom wall of the hand grip includes a first end and a
second end, the first end coupled to the first inner wall of the first side support and the second end coupled to the second inner wall of the second side support (see figure 3 above).
Claim 7
Cassel further discloses the hand grip includes a rib (23) disposed within the generally
U-shaped cross-section and joined to at least the outer facing wall and the inner facing
wall (see figure 3 above).
Claim 8
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Cassel discloses a receptacle (10) comprising a hollow body having a bottom panel (36) and a sidewall (12) extending upwardly from the bottom panel and terminating at a rim (defined by top end of the sidewall) defining an open end (see figure 5); and a lift handle formed on the sidewall, the lift handle including a first side support including a first outer wall (18) and a first inner wall (20), the first outer wall spaced apart from the first inner wall, the first outer wall coupled to the sidewall of the hollow body, a second side support including a second outer wall (18) and a second inner wall (20), the second outer wall spaced apart from the second inner wall, the second outer wall and the second inner wall coupled to the sidewall of the hollow body, and a hand grip disposed between the first side support and the second side support (see figures above and figure 3).
Claim 9
Cassel further discloses the lift handle is coupled to the rim of the hollow body (see figures 5 and 7).
Claim 10
Cassel further discloses the rim includes a reinforcing rib (27) adjacent the lift handle (see column 4 lines 1-7).
Claim 11
Cassel further discloses the lift handle includes a first connecting wall (22) joining the
first outer wall and the first inner wall of the first side support and a second connecting wall (22) joining the second outer wall and the second inner wall of the second side support (see figures 1 and 2 above).
Claim 12
Cassel further discloses at least one of the first connecting wall, the first outer
wall, the first inner wall, the second connecting wall, the second outer wall, and the second inner wall of the lift handle is coupled to the rim of the hollow body (see figure 5 above and figure 7).
Claims 13 and 17
Cassel further discloses the hand grip includes an outer facing wall, an inner facing
wall, and a bottom wall (defined by wall where holes 25 are made), including an aperture (25), the outer facing wall, the inner facing wall, and the bottom wall forming a generally U-shaped cross-section (see figures above, figures 3 and 5, and column 3 lines 64-67). Cassel discloses the apertures (25) in the bottom wall are capable to provide a path for fluids and other debris to pass through (see column 3 lines 64-67).
Claim 14
Cassel further discloses the inner facing wall of the hand grip is coupled to the
first outer wall of the first side support and the second outer wall of the second side support (see figure 3 above). In same fashion applicant’s invention has the inner facing wall of the hand grip coupled to the first and second outer side walls of the 1st and 2nd side supports, the lift handle of Cassel disclosed the recited limitation.
Claim 15
Cassel further discloses the bottom wall of the hand grip is coupled to the first
outer wall of the first side support and the second outer wall of the second side support (see figure 3 above).
Claim 16
Cassel further discloses the hand grip includes a rib (23) formed within the generally
U-shaped cross-section of the hand grip, the rib coupled to at least two of the outer facing wall and the inner facing wall of the hand grip (see figure 3 above).
Claim 20
Cassel discloses a method of manufacturing a receptacle (10), the method comprising forming a hollow body having a bottom panel (36) and a sidewall (12) extending upwardly from the bottom panel and terminating at a rim (defined by top end of the sidewall) defining an open end (see figure 5); and forming a lift handle (16) on the sidewall, the lift handle including a first side support including a first outer wall (18) and a first inner wall (20), the first outer wall spaced apart from the first inner wall, the first outer wall and the first inner wall coupled to the sidewall of the hollow body, a second side support including a second outer wall (18) and a second inner wall (20), the
second outer wall spaced apart from the second inner wall, the second outer wall
and the second inner wall coupled to the sidewall of the hollow body, and a hand grip formed between and connected to the first side support and the second side
support (see figures 1 and 2 above).
Claim Rejections - 35 USC § 103
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 6 are rejected under 35 U.S.C. 103 as being unpatentable over Cassel (5,535,910) as applied to claim 6 respectively above, and further in view of Andrews, Jr. (5,184,836).
Cassel does not disclose the outer facing wall of the hand grip including a non-slip feature. However, Andrews, Jr. discloses a container (2) comprising a lift handle (52) including a hand grip (defined by walls 56 and 58) comprising a non-slip feature (defined by protrusions disposed on the handle) on an outer facing wall (56) of the hand grip (see figure 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cassel having the non-slip feature in the outer facing wall of the hand grip as taught by Andrews, Jr. for gripping purposes of the lift handle to the user.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Cassel (5,535,910) as applied to claim 13 above, and further in view of Wentz (US 2007/0202751).
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Cassel does not disclose at least one of the first outer wall of the first side support
and the second outer wall of the second side support includes a cinch formed thereon. However, Wentz discloses a receptacle (110) comprising a lift handle (defined by side supports in combination with handle portion 138) including side supports, and a cinch (140) comprising an extension (150) extending from an exterior surface of the side supports (see figure above). Wentz discloses a slot (152) provided in the cinch for inserting and/or attaching a liner to the receptacle (see [0030]). Wentz discloses it is known the uses of a liner attached to receptacles to facilitate emptying of the receptacle (see [0004]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cassel having a cinch as taught by Wentz for attaching a liner in the interior of the receptacle and therefore facilitate emptying of the receptacle.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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