DETAILED ACTION
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
2. 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.
3. Claims 1-21 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.
Foremost, Examiner notes this may not be an exhaustive list of all errors under this statue found in the instant claims. Applicant is responsible for ensuring that the claims are fully in compliance with the statute.
Regarding claim 1, the term “the activation” in line 21 lacks proper antecedent basis in the claims.
Further regarding claim 1, the phrase “the sidewall surfaces…being arranged to engage by” is indefinite because it is not clear if the surfaces are arranged to engage something, or the phrase should be “arranged to be engaged by” and they are configured to receive something.
Further regarding claim 1, the phrase “one into the other” is indefinite because it is not certain which elements the phrase is referring back to.
Further regarding claim 1, the phrase “a result of elastic material deformation of the material” is indefinite because it is not clear if the first and second parts are deforming, or the claim is limiting the material itself deforming. While these may be the same thing, Examiner notes claims normally limit the function of the elements of the apparatus, and not the function of the material itself.
Regarding claim 17, it is not clear if the basket part and lid part are the first and second part of parent claim 1 from which it depends. If not, it is not clear what the difference is between these terms.
Regarding claim 18, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Further regarding claim 18, the terms “a first sealing surface” and “a second sealing surface” already find proper antecedent basis in claim 1, through the dependency of parent claim 17.
Allowable Subject Matter
4. Claims 1-21 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.
5. The closest references the Examiner was able to locate were:
a) US 12,257,755 (Wall) teaching the claimed material of plastic with at least 30% volume of wooden fibers.
b) US 5,348,549 (Brown) teaching a medical waste container with non-continuous interlock.
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.
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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
