Simplehuman v. Itouchless - First Amended Complaint

Case 4:19-cv-02701-HSG Document 19 Filed 07/12/19 Page 1 of 18
1 Paul A. Stewart (SBN 153,467)

paul.stewart@knobbe.com
2 Ali S. Razai (SBN 246,922)
3 ali.razai@knobbe.com
Nicole R. Townes (SBN 272,342)
4 nicole.townes@knobbe.com
Brandon G. Smith (SBN 307,676)
5 brandon.smith@knobbe.com
6 KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
7 Irvine, CA 92614
Telephone: (949) 760-0404
8 Facsimile: (949) 760-9502
9 Attorneys for Plaintiff
10 simplehuman, LLC
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12 IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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16 SIMPLEHUMAN, LLC, ) Case No. 4:19-cv-02701-HSG
a California limited liability )
17 company, ) FIRST AMENDED COMPLAINT
) FOR PATENT INFRINGEMENT
18 Plaintiff, )
) DEMAND FOR JURY TRIAL
19 v. )
) Honorable Haywood S. Gilliam, Jr.
20
ITOUCHLESS HOUSEWARES )
21 AND PRODUCTS, INC., )
a California corporation, )
22 )
23 Defendant. )
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FIRST AMENDED COMPLAINT FOR PATENT Case No. 4:19-cv-02701-HSG
INFRINGEMENT; DEMAND FOR JURY TRIAL
1 Plaintiff simplehuman, LLC (“simplehuman”) hereby complains of

2 Defendant iTouchless Housewares and Products, Inc. (“iTouchless”) and alleges as
3 follows:
4 I. JURISDICTION AND VENUE
5 1. This Court has original subject matter jurisdiction over the claims in
6 this action that relate to patent infringement pursuant to 35 U.S.C. § 100 et seq. and
7 also pursuant to 28 U.S.C. §§ 1331 and 1338.
8 2. This Court has personal jurisdiction over iTouchless because
9 iTouchless has a continuous, systematic, and substantial presence within this
10 judicial district and within California. For example, iTouchless has a principal place
11 of business in this judicial district at 777 Mariners Island Boulevard, Suite 125, San
12 Mateo, California 94404. simplehuman is informed and believes and, based
13 thereon, alleges that iTouchless also sells and/or offers for sale infringing products
14 in this district and/or sells them into the stream of commerce knowing such products
15 would be sold in California and this district, and these acts form a substantial part
16 of the events or omissions giving rise to simplehuman’s claims.
17 3. Venue is proper in this judicial district under 28 U.S.C. § 1400(b)
18 because iTouchless resides in this judicial district and because iTouchless has
19 committed acts of infringement by selling and/or offering to sell infringing products
20 in this judicial district and has a regular and established place of business in this
21 judicial district.
22 II. THE PARTIES
23 4. Plaintiff simplehuman is a California limited liability company having
24 its principal place of business at 19850 Magellan Drive, Torrance, California 90502.
25 5. simplehuman is informed and believes, and based thereon alleges, that
26 Defendant iTouchless is a California corporation, having a principal place of
27 business at 777 Mariners Island Boulevard, Suite 125, San Mateo, California 94404.
28 / / /
FIRST AMENDED COMPLAINT FOR PATENT -1- Case No. 4:19-cv-02701-HSG
1 III. INTRADISTRICT ASSIGNMENT

2 6. This action is an intellectual property action subject to district-wide
3 assignment pursuant to Local Civil Rules 3-2(c) and 3-5(b).
4 IV. GENERAL ALLEGATIONS
5 7. simplehuman was founded in 2000 with the goal of designing a unique
6 trash can. Since then, simplehuman has been engaged in the manufacture and sale
7 of highly stylistic and distinctive trash cans and has expanded its product line to
8 pioneer a variety of innovations in other kitchen and bath tools. Through its tireless
9 efforts, simplehuman has become a leader in the design and production of a variety
10 of consumer home goods, including trash cans, mirrors, sensor pumps, dishracks,
11 sink caddies, and more.
12 8. simplehuman protects its substantial investment in innovation with its
13 patents, including U.S. Design Patent Nos. D644,807 C1 (“the D807 Patent”) and
14 D729,485 S (“the D485 Patent”) and U.S. Patent No. 6,626,316 (the ’316 Patent”).
15 9. On September 6, 2011, the United States Patent & Trademark Office
16 (“USPTO”) duly and lawfully issued the D807 Patent, titled “Slim Open Trash
17 Can.” The D807 Patent was the subject of a Supplemental Examination Request,
18 which was filed on February 21, 2017. On March 22, 2019, the USPTO duly and
19 lawfully issued an Ex Parte Reexamination Certificate for the D807 Patent. True
20 and correct copies of the D807 Patent, including the Ex Parte Reexamination
21 Certificate, are attached hereto as Exhibit 1.
22 10. On May 12, 2015, the USPTO duly and lawfully issued the D485
23 Patent, titled “Dual Recycler.” A true and correct copy of the D485 Patent is
24 attached hereto as Exhibit 2.
25 11. On September 30, 2003, the USPTO duly and lawfully issued the ’316
26 Patent, titled “Trash Can Assembly with Toe-Kick Recess.” A true and correct copy
27 of the ’316 Patent is attached hereto as Exhibit 3.
28 / / /
1 12. iTouchless makes, uses, sells, offers for sale, and/or imports into the
2 United States, products that infringe each of the D807, D485, and ’316 Patents.
3 13. Infringement of a design patent is determined under the Ordinary
4 Observer Test: “[I]f, in the eye of an ordinary observer, giving such attention as a
5 purchaser usually gives, two designs are substantially the same, if the resemblance
6 is such as to deceive such an observer, inducing him to purchase one supposing it to
7 be the other, the first one patented is infringed by the other.” Egyptian Goddess,
8 Inc. v. Swisa, Inc., 543 F.3d 665, 670 (Fed. Cir. 2008) (en banc) (quoting Gorham
9 Co. v. White, 81 U.S. 511, 528 (1871)). Application of the Ordinary Observer Test
10 focuses on the overall appearance of the design, rather than particular elements, and
11 often undertakes a side-by-side visual comparison.
13 United States products that infringe the D807 Patent, including, for example, the
14 Dual-Deodorizer Oval Open-Top trash can product.
15 15. iTouchless markets and promotes its Dual-Deodorizer Oval Open-Top
16 trash can products as having an “oval open-top” and a “versatile flat oval design.”
17 Examples of iTouchless’ promotion of its Dual-Deodorizer Oval Open-Top trash
18 can product on its www.itouchless.com website as having an “oval open-top” and a
19 “versatile flat oval design” are shown below:
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21 United States products that infringe the D485 Patent, including, for example, the
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23 17. The ’316 Patent describes and claims an improved trash can assembly.
24 For example, claim 1 of the ’316 Patent is directed to a trash can assembly,
25 comprising: a shell having a top end and a bottom end, the shell having a metal
26 enclosing wall that defines a periphery, the enclosing wall having a recess at its
27 bottom end; a curved recess panel, separate from the shell, that is fitted in the recess,
28 the curved recess panel made of a non-metal material; a lid fitted over the top end;
1 a foot pedal partially positioned in the recess panel, with a portion of the foot pedal
2 positioned inside the periphery of the shell; and a link assembly coupling the foot
3 pedal and the lid.
5 United States products, including for example the AirStep trash can (“Accused
6 AirStep Product”), that infringe at least one claim of the ’316 Patent.
7 19. For example, as annotated in the below-referenced photographs of the
8 Accused Product, the Accused Product is a trash can assembly that has a shell having
9 a top end and a bottom end, the shell having a metal enclosing wall that defines a
10 periphery. The enclosing wall of the shell has a recess at its bottom end. A plastic
11 curved recess panel, which is separate from the shell, fits in the recess of the
12 enclosing wall. The Accused Product also includes a lid that is fitted over the top
13 end of the shell. The Accused Product includes a foot pedal partially positioned in
14 the recess panel, with a portion of the foot pedal positioned inside the periphery of
15 the shell. The Accused Product also has a link assembly that couples the foot pedal
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1 20. iTouchless had actual notice of each of the D807, D485, and ’316
2 Patents, for example, at least through the filing of the original complaint in this
3 action on May 17, 2019.
4 21. Despite having actual notice of the patents, iTouchless continues to
5 make, use, sell, offer for sale, and/or import into the United States products that
6 infringe each of the D807, D485, and ’316 Patents including, for example, the Dual-
7 Deodorizer Oval Open-Top trash can, Dual-Compartment Open Top Trash and
8 Recycle Can, and AirStep trash can.
9 22. By continuing to make, use, sell, offer for sale, and/or import into the
10 United States products that infringe each of the D807, D485, and ’316 Patents with
11 actual notice of these patents, iTouchless’ actions constitute willful and intentional
12 infringement.
13 23. iTouchless’ continued infringement of each of the D807, D485, and
14 ’316 Patents after the filing of the original complaint alone is enough to find that its
15 infringement was willful and intentional. Apple Inc. v. Samsung Electronics Co.
16 Ltd., 258 F. Supp. 3d 1013, 1027 (N.D. Cal. 2017) (finding that “post-filing conduct
17 alone can serve as the basis of a jury’s willfulness finding and an award of enhanced
18 damages.”)
19 24. iTouchless’ acts complained of herein have caused simplehuman to
20 suffer irreparable injury to its business. simplehuman will continue to suffer
21 substantial loss and irreparable injury unless and until iTouchless is enjoined from
22 its wrongful actions complained of herein.
23 V. FIRST CLAIM FOR RELIEF
24 (Patent Infringement under 35 U.S.C. § 271)
25 25. simplehuman repeats and re-alleges the allegations of paragraphs 1-24
26 of the Amended Complaint as if set forth fully herein.
27 26. This is a claim for patent infringement under 35 U.S.C. § 271.
28 / / /
1 27. iTouchless, through its agents, employees, and/or servants has

2 infringed, and continues to infringe, the D807 Patent by making, using, selling,
3 offering for sale, and/or importing products, including for example the Dual-
4 Deodorizer Oval Open-Top series of products, that have a design that infringes the
5 D807 Patent. For example, the side-by-side visual comparison of every view of
6 simplehuman’s patented design shown in the D807 Patent and one of iTouchless’
7 Dual-Deodorizer Oval Open-Top products shown below establishes that in the eye
8 of an ordinary observer, giving such attention as a purchaser usually gives, the
9 design of iTouchless’ Dual-Deodorizer Oval Open-Top products is substantially the
10 same as the claimed design of the D807 Patent, because the resemblance is such as
11 to deceive such an observer inducing him to purchase one supposing it to be the
12 other. The D807 Patent states on its face that “[a]ll features illustrated in phantom
13 line are expressly disclaimed and form no part of the claimed design.” As shown in
14 the side-by-side visual comparison below, iTouchless infringes the D807 Patent.
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Dual-Deodorizer Oval Open-Top U.S. Design Patent No. D644,807 C1
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1 Dual-Deodorizer Oval Open-Top U.S. Design Patent No. D644,807 C1

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26 infringed, and continues to infringe, the D485 Patent by making, using, selling,
27 offering for sale, and/or importing products, including for example the Dual-
28 Compartment Open Top Trash and Recycle Can series of products, that have a
1 design that infringes the D485 Patent. For example, the side-by-side visual
2 comparison of every view of simplehuman’s patented design shown in the D485
3 Patent and one of iTouchless’ Dual-Compartment Open Top Trash and Recycle Can
4 products shown below establishes that in the eye of an ordinary observer, giving
5 such attention as a purchaser usually gives, the design of iTouchless’ Dual-
6 Compartment Open Top Trash and Recycle Can products is substantially the same
7 as the claimed design of the D485 Patent, because the resemblance is such as to
8 deceive such an observer inducing him to purchase one supposing it to be the other.
9 As a result, iTouchless infringes the D485 Patent.
10 Dual-Compartment Open Top Trash
U.S. Design Patent No. D729,485 S
11 and Recycle Can
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Dual-Compartment Open Top Trash

1 U.S. Design Patent No. D729,485 S
and Recycle Can
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Dual-Compartment Open Top Trash

1 U.S. Design Patent No. D729,485 S
and Recycle Can
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21 doctrine of equivalents, through, for example, the manufacture, use, sale, offer for
22 sale, and/or importation into the United States of the Accused AirStep Product.
23 30. For example, the Accused AirStep Product infringes at least Claim 1
24 of the ’316 Patent because the Accused AirStep Product is a trash can assembly that
25 has a shell having a top end and a bottom end, the shell having a metal enclosing
26 wall that defines a periphery. The enclosing wall of the shell has a recess at its
27 bottom end. The Accused AirStep Product includes a non-metallic, plastic curved
28 recess panel, which is separate from the shell. The recess panel fits in the recess of
1 the enclosing wall. The Accused AirStep Product also includes a lid that fits over
2 the top end of the shell. The Accused AirStep Product includes a foot pedal that is
3 at least partially positioned inside the recess panel, with a portion of the foot pedal
4 positioned inside the periphery of the shell. The Accused AirStep Product also has
5 a link assembly that couples the foot pedal to the lid.
6 31. As a direct and proximate result of iTouchless’ acts of infringement,
7 iTouchless has derived and received gains, profits, and advantages in an amount that
8 is not presently known to simplehuman.
9 32. Pursuant to 35 U.S.C. § 284, simplehuman is entitled to damages for
10 iTouchless’ infringing acts and treble damages together with interests and costs as
11 fixed by this Court.
12 33. Pursuant to 35 U.S.C. § 285, simplehuman is entitled to reasonable
13 attorneys’ fees for the necessity of bringing this claim.
14 34. Due to the aforesaid infringing acts, simplehuman has suffered great
15 and irreparable injury, for which simplehuman has no adequate remedy at law.
16 35. iTouchless will continue to willfully infringe and induce infringement
17 of simplehuman’s patent rights to the great and irreparable injury of simplehuman,
18 unless enjoined by this Court.
19 PRAYER FOR RELIEF
20 WHEREFORE, simplehuman prays for judgment against iTouchless as
21 follows:
22 A. That the Court enter judgment in favor of simplehuman and against
23 iTouchless on all claims for relief alleged herein;
24 B. An Order adjudging iTouchless to have infringed each of the D807
25 Patent, the D485 Patent, and the ’316 Patent under 35 U.S.C. § 271;
26 C. A preliminary and permanent injunction enjoining iTouchless, its
27 officers, directors, agents, servants, employees, and attorneys, and those persons in
28 active concert or participation with iTouchless, from (1) making, using, selling,
1 offering to sell, and/or importing the Accused AirStep Product, the Dual-Deodorizer
2 Oval Open-Top series of products, the Dual-Compartment Open-Top series of
3 products, and (2) infringing any of the D807 Patent, the D485 Patent, or the ’316
4 Patent in violation of 35 U.S.C. § 271;
5 D. An Order that iTouchless pay to simplehuman actual damages in the
6 form of lost profits, or in the alternative, other damages adequate to compensate for
7 the infringement, but in no event less than a reasonable royalty for the use made of
8 the D807 Patent, the D485 Patent, and the ’316 Patent by iTouchless, in accordance
9 with 35 U.S.C. § 284 and/or, at simplehuman’s election, iTouchless’ total profits as
10 a result of iTouchless’ infringement of simplehuman’s patents, pursuant to 35 U.S.C.
11 § 289;
12 E. An Order adjudging that this case is exceptional under 35 U.S.C. § 285
13 and ordering iTouchless to pay to simplehuman its reasonable attorney fees incurred
14 in this action;
15 F. An Order awarding pre-judgment and post-judgement interest and costs
16 as fixed by the Court; and
17 G. Such other and further relief as this Court may deem just and proper.
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Respectfully submitted,
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KNOBBE, MARTENS, OLSON & BEAR, LLP
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21 Dated: July 12, 2019 By: /s/ Ali S. Razai
22 Paul A. Stewart
Ali S. Razai
23 Nicole R. Townes
24 Brandon F. Smith

simplehuman, LLC
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1 DEMAND FOR TRIAL BY JURY

2 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff
3 simplehuman, LLC hereby demands a trial by jury on all issues so triable.
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Respectfully submitted,
5
KNOBBE, MARTENS, OLSON & BEAR, LLP
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7 Dated: July 12, 2019 By: /s/ Ali S. Razai
8 Paul A. Stewart
Ali S. Razai
9 Nicole R. Townes
10 Brandon F. Smith

simplehuman, LLC
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1 CERTIFICATE OF SERVICE
2 I hereby certify that on July 12, 2019, I caused the FIRST AMENDED
3 COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY
4 TRIAL, and EXHIBITS 1-3 to be electronically filed with the Clerk of the Court
5 using the CM/ECF system which will send electronic notification of such filing to
6 all attorneys of record.
7 I certify and declare under penalty of perjury that I am employed in the office
8 of a member of the bar of this Court at whose direction the service was made, and
9 that the foregoing is true and correct.
10 Executed on July 12, 2019, at San Francisco, California.
11
12 /s/ Kate Erwin
Kate Erwin
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Case 4:19-cv-02701-HSG Document 19-1 Filed 07/12/19 Page 1 of 9
EXHIBIT 1
I 11111 1 111111 1 1 llll llll l llll lll l 1111 11111111 1 llll 1111111 1 1111 1111
US00D644807S
c12) United States Design Patent (10) Patent No.: US D644,807 S

Yang et al. (45) Date of Patent: ** Sep. 6, 2011
(54) SLIM OPEN TRASH CAN D625,068 S * 10/2010 Shannon .......................... D34/1
D627,533 S * 11/2010 Yang eta!. ....................... D34/7
D635,319 S * 3/2011 Meyerhoffer .................... D34/7
(75) Inventors: Frank Yang, Rancho Palos Verdes, CA
(US); Tzu-Hao Wei, Hacienda Heights, * cited by examiner
CA (US); Di-Fong Chang, Torrance, CA
Primary Examiner - Cynthia Ramirez
(US); Po-Ling Huang, Brussels (BE)
(74) Attorney, Agent, or Firm - Monument IP Law Group
(73) Assignee: simplehumans, LLC, Torrance, CA (57) CLAIM
(US) The ornamental design for a slim open trash can, as shown
and described.
(**) Term: 14 Y ears
DESCRIPTION
(21) Appl. No.: 29/379,789
FIG. 1 shows a front, right, and top perspective view of an
(22) Filed: Nov. 24, 2010 embodiment thereof;
FIG. 2 shows a front elevational view thereof, and the rear
(51) LOC (9) Cl. .................................................. 09-09 elevational view is a mirror image thereof;
(52) U.S. Cl. .......................................................... D34/1 FIG. 3 shows a right side elevational view thereof, wherein
(58) Field of Classification Search ..................... D34/1, the left side elevational view is a mirror image thereof;
D34/5, 6, 7, 8, 9, 10, 11; 220/908, 908.1, FIG. 4 shows a top plan view thereof; and,
220/910, 913 FIG. 5 shows a bottom plan view thereof.
See application file for complete search history. All features illustrated in phantom line are expressly dis
claimed and form no part of the claimed design.
(56) References Cited The trash can in accordance with the present design can have
any length, as indicated by the indefinite line length breaks in
U.S. PATENT DOCUMENTS FIGS. 1-3.
D476,456 S * 6/2003 Englert et al. . .................. D34/7
D623,817 S * 9/2010 Yang eta!. ....................... D34/7 1 Claim, 5 Drawing Sheets
U.S. Patent Sep. 6, 2011 Sheet 1 of 5 US D644,807 S
FIG. 1
FIG. 2
II I\
m I\
l
FIG. 3
FIG. 4
FIG. 5
I 11111 1 111111 1 1 llll llll l llll lll l 1111 11111111 1 1111 1111111111 I II IIII
US00D644807C 1
c12) EX PARTE REEXAMINATION CERTIFICATE (147th)

Ex Parte Reexamination Ordered under 35 U.S.C. 257
United States Patent c10) Number: US D644,807 Cl
Yang et al. (45) Certificate Issued: Mar. 22, 2019
(54) SLIM OPEN TRASH CAN (52) U.S. Cl.

USPC ............................................................. D34/1
(75) Inventors: Frank Yang, Rancho Palos Verdes, CA (58) Field of Classification Search
(US); Tzu-Hao Wei, Hacienda Heights, USPC ............... D34/5, 6, 7, 8, 9, 10, 11; 220/908,
CA (US); Di-Fong Chang, Torrance,
220/908.1, 910, 913
CA (US); Po-Ling Huang, Brussels
(BE) CPC ......... B65D 2543/00194; B65D 2543/000296;
B65D 2543/00527
(73) Assignee: SIMPLEHUMAN, LLC, Torrance, CA See application file for complete search history.
(US)
(56) References Cited
Supplemental Examination Request:
No. 96/000,201, Feb. 21, 2017 To view the complete listing of prior art documents cited
during the supplemental examination proceeding and the
Reexamination Certificate for: resulting reexamination proceeding for Control Number
Patent No.: Des. 644,807 96/000,201, please refer to the USPTO's public Patent
Issued: Sep. 6, 2011 Application Information Retrieval (PAIR) system under the
Appl. No.: 29/379,789 Display References tab.
Filed: Nov. 24, 2010
(51) LOC (11) Cl. 09-09 Primary Examiner - Philip S Hyder
US D644,807 Cl
1 2
EX PARTE
REEXAMINATION CERTIFICATE
NO AMENDMENTS HAVE BEEN MADE TO
THE PATENT
AS A RESULT OF REEXAMINATION, IT HAS BEEN

DETERMINED THAT:
10
The patentability of 1 is confirmed.
* * * * *
EXHIBIT 2
I 11111 1 111111 1 1 llll llll l lll 11111 1 111 111 1 1111111111111 111 I IIII IIII
US00D729485S
c12) United States Design Patent (10) Patent No.: US D729,485 S

Yang et al. (45) Date of Patent: ** May 12, 2015
(54) DUAL RECYCLER D335,730 S * 5/1993 Tessner et al. . .... ... ... ... ... .. D34/7
D458,429 S * 6/2002 Lenard ............................. D34/1
(71) Applicant: Simplehuman LLC, Torrance, CA (US) D548,915 S * 8/2007 Yang et al. ....................... D34/6
D617,968 S * 6/2010 Andresen ......................... D34/1
D684,332 S * 6/2013 Gollob ............................. D34/1
(72) Inventors: Frank Yang, Rancho Palos Verdes, CA D717,511 S * 11/2014 Behar et al. ...................... D34/1
(US); Di-Fong Chang, Torrance,CA
(US); Myk Lum, Irvine,CA (US); * cited by examiner
Adam Wade, Rancho Santa M argarita,
CA (US); Helen Miller, Diamond Bar, Primary Examiner - Cynthia Ramirez
CA (US) (74) Attorney, Agent, or Firm - Liu & Liu
(73) Assignee: Simplehuman LLC, Torrance,CA (US)
(**) T erm: 14 Years (57) CLAIM

T he ornamental design for a dual recycler, as shown and
(21) Appl. No.: 29/464,988 described.
(22) Filed: Aug. 22, 2013

(51) LOC (10) Cl. ................................................ 09-09
DESCRIPTION
(52) U.S. Cl.
USPC ............................................................. D34/1 FIG. 1 is a front isometric view if the dual recycler showing
(58) Field of Classification Search the new design;
USPC ........ D34/1-11; 220/908, 908.1,909,495.09 FIG. 2 is a front view thereof, the rear view being a mirror
See application file for complete search history. image thereof;
FIG. 3 is a right side view thereof,the left side being a mirror
(56) References Cited image thereof;
U.S. PATENT DOCUMENTS FIG. 4 is a top plan view thereof; and,
FIG. 5 is a bottom view thereof.
5,072,852 A * 12/1991 Smith et al. .............. 220/495.09
5,082,139 A * 1/1992 Quam ........................... 220/530 1 Claim, 5 Drawing Sheets
U.S. Patent May 12, 2015 Sheet 1 of 5 US D729,485 S
FIG. 1
/ "' "'--
FIG. 2
/ / ' --------
FIG. 3
FIG. 4
FIG. 5
EXHIBIT 3
Case 4:19-cv-02701-HSG Document 19-3 Filed 07/12/19 Page 2 of 16 I 11111 1 111111 1 1 1111 11111 111 1 111 1 I III IIIII I III I III lll1111111 1 111111
US006626316B2
(12) United States Patent (10) Patent No.: US 6,626,316 B2

Yang (45) Date of Patent: Sep.30,2003
(54) TRASH CAN ASSEMBLY WITH TOE-KICK 4,972,966 A * 11/1990 Craft, Jr. .................... 220/264
RECESS 5,065,272 A * 11/1991 Owen et al. ................ 361/231
5,147,055 A * 9/1992 Samson et al. ......... 220/263 X
(76) Inventor: Frank Yang, 4171 Pascal Pl., Palos 5,174,462 A *12/1992 Hames ....................... 220/908
Verdes Peninsula, CA (US) 90061 5,226,558 A * 7/1993 Whitney et al. ........ 220/638 X
5,230,525 A * 7/1993 Delmerico et al. ..... 220/263 X
5,249,693 A *10/1993 Gillispie et al. ....... ..... 220/263
( *) Notice: Subject to any disclaimer, the term of this 5,390,818 A * 2/1995 LaBuda ...................... 141/390
patent is extended or adjusted under 35 5,474,201 A *12/1995 Liu ........................ 220/264 X
U.S.C. 154(b) by 0 days. D377,554 S * 1/1997 Adriaansen ................... D34/7
6,010,024 A 1/2000 Wang
(21) Appl. No.: 09/746,574 D435,951 S * 1/2001 Yang et al. ............. 220/908 X
6,364,147 Bl * 4/2002 Meinzinger et al. ... 220/495.06
(22) Filed: Dec. 22, 2000
FOREIGN PATENT DOCUMENTS
(65) Prior Publication Data
DE 19933180 * 1/2001
US 2002/0079315 Al Jun. 27, 2002 EP 1 157 936 A2 * 11/2001
JP 6-272888 * 9/1994 .................. 62/272
(51) Int. Cl.7 ................................................ B65D 43/26 WO WO 92/02430 * 2/1992 ................. 220/263
(52) U.S. Cl. .................... 220/263; 220/908; 220/908.1;
220/908.2; 220/DIG. 13; 220/87.1; 239/274; * cited by examiner
239/70
(58) Field of Search ................................. 220/610, 611, Primary Examiner-Robin Hylton
220/612, 614, 908, 908.1, 908.2, 262, 263, (74) Attorney, Agent, or Firm-Raymond Sun
87.1, DIG. 13, 484, 636, 23, 87, 628, 638; (57) ABSTRACT
239/274, 67, 69, 70, 690, 692, 708; 361/230,
231; 49/263 A trash can assembly has a shell having an enclosing wall
that defines a periphery. The assembly has a lid fitted over
(56) References Cited the top of the shell, and a foot pedal positioned adjacent the
bottom of the shell, with a portion of the foot pedal posi
U.S. PATENT DOCUMENTS tioned inside the periphery of the shell. The assembly also
1,820,555 A * 8/1931 Buschman .............. 220/263 X includes a link assembly coupling the foot pedal and the lid.
1,891,651 A * 12/1932 Padelford et al. ........... 220/263 The assembly can also include a liner defining a container
2,759,625 A * 8/1956 Ritter ......................... 220/262 body, the liner fitted inside the shell and having an indent
3,008,604 A * 11/1961 Garner ................... 220/263 X provided on the container body. A handle mechanism has a
3,654,534 A * 4/1972 Fischer ................... 361/231 X link strip that has a hooked end, with the hooked end
4,081,105 A * 3/1978 Dagonnet et al. ........... 220/263
engaging the indent to lift the liner from inside the shell.
4,200,197 A * 4/1980 Meyer et al. ............... 220/263
4,913,308 A * 4/1990 Culbertson ........... 220/908.1 X
4,918,568 A * 4/1990 Stone et al. ................ 361/231 15 Claims, 10 Drawing Sheets
50
U.S. Patent Sep. 30, 2003 Sheet 1 of 10 US 6,626,316 B2
24
34
'-20
50
FIG.1
70
130
---.L,L__1. -
50
38 --
66
5 16
-
78 58
FIG. 2
U.S. Patent Sep.30,2003 Sheet 3 of 10 US 6,626,316 B2
132
74
--70
114---- 2'.4
., 116
26
30 76
i 36
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64
FIG. 3
FIG.5
118,,
26
FIG.4
·-- 70
FIG.GA
64
I
A2
' I
----�---FIG.6B
FIG. 68
k,··
1
1 I I
-' I
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I
I
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FIG.6C
FIG. 7
-=-,
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ll
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===
/20
22
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FIG.8
142
150
102--- 32
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106
105
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FIG.10
US 6,626,316 B2
1 2
TRASH CAN ASSEMBLY WITH TOE-KICK In order to accomplish the objects of the present
RECESS invention, there is provided a trash can assembly that has a
shell having an enclosing wall that defines a periphery.
BACKGROUND OF THE INVENTION According to one embodiment, the assembly has a lid fitted
5 over the top of the shell, and a foot pedal positioned adjacent
1. Field of the Invention
the bottom of the shell, with a portion of the foot pedal
The present invention relates to household items, and in positioned inside the periphery of the shell. The assembly
particular, to a trash can assembly that incorporates a num
also includes a link assembly coupling the foot pedal and the
ber of improvements and enhancements.
lid.
2. Description of the Prior Art 10 According to another embodiment, the assembly has a
A major concern for both the home and the workplace is
containing and holding wastes, refuse, and trash until per liner defining a container body, the liner fitted inside the
manent disposal. Trash cans act as containers for holding shell and having an indent provided on the container body.
trash and other wastes that are produced in any typical home The assembly also includes a handle mechanism having a
or office. Trash and garbage cans often employ lids and link strip that has a hooked end, with the hooked end
15 engaging the indent to lift the liner from inside the shell.
covers to contain the trash and its associated odor, to hide the
trash from view, and to prevent the trash from contaminating According to yet another embodiment, the assembly has
areas beyond the lid. an air freshening device secured to its lid. The air freshening
Conventional trash cans have been improved over the device can be a charcoal pad, or an electrical ionizer.
years to make them more user-friendly, sanitary, and 20
BRIEF DESCRIPTION OF THE DRAWINGS
hygienic. For example, many trash cans are now provided
with a foot pedal positioned adjacent the base of the trash FIG. 1 is a front perspective view of the trash can
can so that a user can step on the foot pedal to open the lid assembly according to one embodiment of the present
of the trash can, thereby freeing up the user's hands to toss invention.
trash, or to change the plastic liner or bag that is used to line 25 FIG. 2 is a bottom perspective view of the trash can
the trash can. Other trash cans have even provided an assembly of FIG. 1.
interior metal or plastic liner that fits inside the trash can, and
FIG. 3 is a cross-sectional side view of the trash can
which can be removed to be washed. However, these con
assembly of FIG. 1.
ventional trash cans still suffer from a number of drawbacks.
For example, the foot pedals on some of the conventional 30 FIG. 4 is a bottom perspective view of a liner that can be
trash cans (e.g., such as shown in U.S. Pat. No. 6,010,024) used with the trash can assembly of FIG. 1.
are positioned awkwardly in that they extend a considerable FIG. 5 is a top plan view of the trash can assembly of FIG.
distance from the body of the trash can to provide a 1.
sufficiently large surface area for the user's foot, and also to FIG. 6A is an isolated perspective view of a link assembly
provide sufficient leverage for the user to step on and pivot 35 that can be used with the trash can assembly of FIG. 1.
the foot pedal. Unfortunately, such outwardly-extending FIG. 6B illustrates the portion B of the link assembly of
foot pedals are prone to being inadvertently kicked by FIG. 6A.
people as they walk around the vicinity of the trash can. FIG. 6C illustrates the hinging portion between the lid and
Other problems are associated with the internal liner. In the shell of the trash can assembly of FIG. 1.
conventional trash cans, the user typically needs to remove 40
FIG. 7 illustrates how the handle mechanism of the trash
the liner from the trash can to dispose of the contents therein. can assembly of FIG. 1 operatively couples the liner of FIG.
To do so, the user typically lifts the liner from the trash can,
4.
and this may result in the user gripping portions of the
interior of the liner, so that the user's fingers may come into FIG. 8 is a front plan view of the trash can assembly of
contact with dirt, germs or trash items. FIG. 1.
45
An additional problem relates to the fact that the wastes FIG. 9 is a cross-sectional side view of a trash can
placed within such a container may produce odors, smells, assembly according to another embodiment of the present
and other harmful gases. Inevitably, the lid will need to be invention, illustrating a modification to the trash can assem
opened to deposit the waste, thereby allowing the odors and bly of FIGS. 1-8.
smells to escape from the trash can. Odors and smells may 50 FIG. 10 is a front plan view of the trash can assembly of
also escape from the trash can even when the lid is closed FIG. 9.
because some lids do not provide a tight seal with the trash
DETAILED DESCRIPTION OF THE
can container.
PREFERRED EMBODIMENTS
Thus, there remains a need for a trash can that overcomes
the drawbacks identified above. 55 The following detailed description is of the best presently
contemplated modes of carrying out the invention. This
SUMMARY OF THE DISCLOSURE description is not to be taken in a limiting sense, but is made
It is an object of the present invention to provide a trash merely for the purpose of illustrating general principles of
can assembly that has an improved step pedal that is less embodiments of the invention. The scope of the invention is
prone to being kicked yet enhances its ability to control the 60 best defined by the appended claims. In certain instances,
opening of the lid of the trash can assembly. detailed descriptions of well-known devices and mecha
It is another object of the present invention to provide a nisms are omitted so as to not obscure the description of the
trash can assembly that allows the user to remove an internal present invention with unnecessary detail.
liner in a sanitary manner. FIGS. 1 - 7 illustrate one embodiment of a trash can
It is another object of the present invention to provide a 65 assembly 20 according to the present invention. The assem
trash can assembly that minimizes the undesirable odor of bly 20 has an outer shell 22 and an inner liner 24 that is
the waste products stored therein. adapted to be retained inside the outer shell 22. As shown in
US 6,626,316 B2
3 4
FIGS. 3, 4 and 7, the liner 24 is a container that has an the skirt 50) to provide a more aesthetically pleasing appear
elongated indent 26 provided in the side wall 28 extending ance. This positioning makes the foot pedal 40 less suscep
upwardly a short distance from the bottom 30 of the liner 24. tible to being inadvertently kicked by people walking around
The outer shell 22 is a generally cylindrical shell that has the vicinity of the trash can assembly 20. More importantly,
a generally oval or egg shape. The liner 24 can have the 5 by positioning most of the step pedal 40 inside the outer
periphery of the shell 22, a larger pedal 40 (i.e., a pedal 40
same shape. The oval or egg shape of the shell 22 is best
with a larger top or stepping surface area) can be provided
illustrated in the top plan view of FIG. 5. The width F of the to create additional stepping space. This increased stepping
opening at the front of the shell 22 is greater than the width space makes it easier for the user to step on the pedal 40, and
R of the opening at the rear of the shell 22. This configu to maintain the step, because this increased stepping space
ration for the shell 22 and its liner 24 allows the interiors of 10
helps to generate more power during the step (for the reasons
the shell 22 and the liner 24 to receive and accomodate wider explained in the next paragraph).
and larger waste objects, such as pizza boxes. In addition,
Another significance is shown in FIG. 3, where the pivot
the narrower rear of the shell 22 allows the shell 22 to fit
point (i.e., shaft 54) of the foot pedal 40 is positioned well
more easily in corners of the house.
inside the interior of the outer periphery of the shell 22. This
A lid 32 is hingedly connected to the top of the outer shell 15 is to be contrasted with conventional foot pedals, whose
22. The shell 22 and its lid 32 can be made of a solid and pivot points are usually positioned further outwardly, and
stable material, such as a metal. A handle mechanism 34 is usually outside the shell 22, such as illustrated in U.S. Pat.
provided along the outer surface of the shell 22 and is No. 6,010,024. This inward position for the pivot point
operatively coupled to the indent 26 of the liner 24 for lifting provides several benefits. First, this inward position for the
the liner 24. A toe-kick recess 36 is provided on the shell 22 20 pivot point provides a smaller pivoting angle for the pedal
adjacent the base 38 of the shell 22, and is adapted to receive 40. The smaller pivoting angle means that the user's foot
a foot pedal 40 that is pivotably secured to the base 38 of the does not need to pivot as much to effectively step on the
shell 22. The toe-kick recess 36 is part of the base 38, and pedal 40, so that the user's foot is less likely to slip when
the shell 22 would define a curved cut-out to receive the
25 stepping on the pedal 40. Second, this inward position for
recess 36. The curved cut-out in the shell 22 can be made by the pivot point requires less stepping force to open the lid 32
first cutting out a properly sized and configured hole in the (i.e., deploy the link assembly 42) than if the pivot point
body of the shell 22, and then inserting a plastic curved panel were positioned further radially outwardly. This is because
that defines the actual recess 36. The recess 36 extends providing the pivot point further inside the outer periphery
upwardly for a short distance and extends into the interior of the shell 22 allows the pedal 40 to be provided in a larger
confines of the shell 22. A link assembly 42 (illustrated in 30 size, as discussed in the previous paragraph. Having a larger
greater detail in FIGS. 6A and 6B) extends from the foot size allows the distance from the pivot point to the outer
pedal 40 along the base 38 and then upwardly along the shell edge of the pedal 40 to be increased, and this increased
22 to the lid 32. The link assembly 42 operates to translate distance means that more power can be generated using less
an up-down pivot motion of the pedal 40 to an up-down force.
pivot motion for the lid 32. Each of these components will 35 Yet another significance is that since the foot pedal 40 is
be described in greater detail hereinbelow. constructed as part of the base 38, the pedal 40 can be
Referring first to FIGS. 2 and 3, the base 38 of the shell positioned closer to the ground (i.e., vertically lower). As a
22 defines a generally annular and curved skirt or flange result, the user's foot does not need to pivot as much to
portion 50. In one embodiment of the present invention, the 40 effectively step on the pedal 40, so that the user's foot is less
skirt 50 is formed in one plastic piece. The base 38 further likely to slip when stepping on the pedal 40.
includes a pedal housing 52 that is positioned adjacent and FIGS. 3, 6A and 6C illustrate how the lid 32 is hingedly
below the recess 36, and is adapted to receive the pedal 40. coupled to the shell 22. A hinge housing 70 is provided
In particular, a shaft 54 can extend longitudinally across the adjacent the top of the shell 22. A carrying handle 130 can
pedal 40 and be received inside openings provided on 45 be provided on the outer surface of the hinge housing 70. A
opposing walls 56 and 58 of the pedal housing 52. As a hinge bracket 72 is attached at the top of the hinge housing
result, the pedal 40 would pivot about an axis defined by the 70, and carries two spaced-apart L-shaped extensions 71 and
shaft 54. The base 38 also has crossing support ribs 60 and 73. The rear of the lid 32 has a plastic hinge piece 75 that
62 that are positioned adjacent the top of the skirt 50. The carries two spaced-apart plates 77 (one of the plates adjacent
support ribs 60, 62 can be provided with protruding notches 50 extension 71 is not visible in FIG. 6C). An opening 81 is
68 that are adapted to hold and support a horizontal rod 64 provided in each extension 71, 73 and plates 77, the open-
of the link assembly 42 for rotation therein. In addition, pads ings 81 being aligned so that a pin 74 (which can be part of
66, which can be made of rubber, can be positioned in the carrying handle 130) can extend through all the openings
spaced-apart manner about the periphery of the skirt 50 to 81 in the extensions 71, 73 and the plates 77 to create a pivot
prevent the base 38 from slipping. The shell 22 and its recess 55 joint. Thus, the lid 32 is able to pivot from the opened
36 can be attached to the top of the skirt 50 of the base 38 position (see FIG. 3) to the closed positioned (see FIG. 2)
by glue, welding, screws, and similar attachment mecha about the pivot point defined by the pin 74.
msms. Referring now to FIGS. 2, 3, 6A and 6B, the link assembly
Referring to FIG. 3, it will be noted that the foot pedal 40 42 operatively couples the foot pedal 40 to the lid 32 so that
is positioned somewhat inside the interior of the shell 22, 60 stepping on the foot pedal 40 will cause the lid 32 to open.
and only a portion of the pedal 40 extends beyond the outer The link assembly 42 has a horizontal rod 64 and a vertical
cylindrical periphery or surfaces of the shell 22. This posi rod 76 that cooperate to translate an up-down pivot motion
tioning is of significance to the present invention. of the pedal 40 to an up-down pivot motion for the lid 32.
One significance is that the foot pedal 40 can extend The rods 64 and 76 can be made of steel. In particular, the
radially outwardly from the shell 22 by about the same 65 horizontal rod 64 is held by the ribs 60, 62 of the base 38,
extent as the skirt 50, and is configured so that the foot pedal and has an L-shaped (i.e., at 90-degrees) terminal end 78 that
40 itself appears to form part of the skirt 50 (i.e., flush with extends out of the horizontal plane of the rod 64, and which
US 6,626,316 B2
5 6
is positioned adjacent the bottom of the pedal 40. For of the interior of the shell 22. To close the handle 102 and
example, the terminal end 78 does not need to be connected allow the liner 24 to fall back into the shell 22, the handle
to pedal 40, since the pedal 40 can can sit on top of the 102 is pivoted downwardly in the direction of the arrow A4.
terminal end 78 via gravity. The horizontal rod 64 extends The pivoting of the handle 102 occurs about the pivot axis
across the base 38 to an opposite side of the shell 22, where 5 defined by the pin 105. The pivoting of the handle 102
an opposing end 80 of the horizontal rod 64 has an L-shaped
simultaneously causes the link strip 104 to pivot about the
leg 82 (i.e., at 90-degrees) that also extends out of the
horizontal plane of the rod 64, and that is secured to a handle 102 about the pivot axis defined by the pin 108. As
generally L-shaped (i.e., 90-degree) plastic hinge 84. The the link strip 104 pivots, it is pushed vertically downwardly
plastic hinge 84 can have two lumens, one in each leg of the 10 by the handle 102. As the link strip 104 slides down, the
L-shape, with the leg 82 secured in one of the lumens and hooked end 116 also slides down within the elongated indent
a lower end 86 of the vertical rod 76 secured in the other 26. The force of gravity will cause the liner 24 to slide down
lumen. The vertical rod 76 extends vertically up along the the interior of the shell 22 together with the hooked end 116.
inside of the shell 22 adjacent the inner wall of the shell 22, After the handle 102 has been pivoted by 180 degrees from
and extends through the hinge housing 70 and the hinge the position shown in FIGS. 1, 3 and 7, the handle 102 will
bracket 72 to an upper end 88 that is secured to a block 90 15 be in the storage or lowered position and will occupy most
that is attached to the rear of the lid 32 and retained in the of the recessed region 100.
hinge piece 75. Thus, when the user steps on the pedal 40
(see arrow Al in FIG. 3 and arrow Al in FIG. 6A), the pedal To lift the liner 24 from the storage position to the lifted
40 presses on the terminal end 78, and the L-shaped and or removal position, the handle 102 is pivoted upwardly in
out-of-plane nature of the terminal end 78 causes the hori- 20 the direction opposite to the direction of the arrow A4. The
zontal rod 64 to rotate as shown by the arrow A2. Because upwardly pivoting handle 102 will actuate the pivots about
the opposing end 80 is also L-shaped and extends out of the the pins 105 and 108, which will cause the link strip 104 to
horizontal plane of the rod 64, this rotation torques the be pulled upwardly. As the link strip 104 moves upwardly,
plastic hinge 84 to push the vertical rod 76 up (see arrow its hooked end 116 (which is in engagement with the upper
A3). When the vertical rod 76 is pushed up, the vertical rod 25 wall 118 of the indent 26) will simultaneously pull the liner
76 will in turn push the lid 32 upwardly to pivot or swing the 24 upwardly within the shell 22. Once the handle 102 is
lid 32 open about the pin 74. As long as the user's foot is pivoted upwardly to about 120 degrees (i.e., also referred to
stepping on the pedal 40, the link assembly 42 will maintain as an "over-center" position) from its vertical storage
the lid 32 in its opened position. When the user releases the position, the handle 102 will reach a locked position so that
stepping force, gravity will push the lid 32 and vertical rod 30 the handle 102 will be automatically biased to the vertical
76 down, pivoting or torquing the plastic hinge 84 in a lifted or removal position shown in FIGS. 1, 3 and 7. When
direction opposite to the direction of arrow A3, and revers the handle 102 reaches this lifted or removal position, the
ing the rotation on the horizontal rod 64 to lift up the pedal liner 24 will be lifted to the position shown in FIGS. 1 and
40 in directions opposite to the directions of arrows Al and 3 (i.e., a portion of the liner 24 being lifted out of the shell
A2. 35 22), and will be maintained in this position by the locked
Referring now to FIGS. 1, 3 and 7, the handle mechanism handle 102 until the handle 102 is pivoted downwardly
34 operates to lift the liner 24 from the interior of the shell again in the direction of the arrow A4.
22, and can be locked to maintain the liner 24 in the lifted
position shown in FIGS. 1 and 3. The shell 22 has a recessed The present invention also provides apparatus to combat
region 100 provided about its central portion. The recessed 40 the foul odor of the waste products stored inside the trash
region 100 has a generally square or rectangular can assembly 20. FIGS. 3 and 8 illustrate one embodiment,
configuration, and is adapted to receive the handle 102 and where a charcoal pad 140 can be secured to the inner surface
link strip 104 of the handle mechanism 34. The handle 142 of the lid 32 by a removable attachment mechanism 132,
mechanism 34 has a handle 102 that is pivotably coupled to which can be a nipple connector, opposing VELCRO ™
a link strip 104. The handle 102 can be a generally flat piece 45 pads, a hook, a fastener, glue, a screw-in connection, or the
of plastic or metal, and can be pivotably coupled adjacent its like. The charcoal pad 140 can be any conventional charcoal
lower side 103 to the shell 22 at the top of the recessed pad, which is activated carbon that functions to absorb odor.
region 100 (e.g., by inserting a pin 105 through a bore The air flow (see arrows in FIG. 3 that are directed towards
adjacent the lower side 103). The link strip 104 is preferably charcoal pad 140) enhances the absorption of odor by
made from a material with sufficient strength to support the 50 forcing air through the charcoal, causing the charcoal to
liner 24, such as plastic, steel, or a composite of plastic and absorb the odor carried by the air.
steel. The link strip 104 has a first section 106 that is FIGS. 9 and 10 illustrate another embodiment, where an
pivotably coupled (e.g., by inserting a pin 108 through a ionizer box 150 can be secured to the inner surface 142 of
bore 110 at the end of the first section 106) to a mid-portion the lid 32 by any of the attachment mechanisms 132
of the handle 102. The link strip 102 has a second section 55 described above. Alternatively, the ionizer box 150 can be
112 that extends perpendicularly to and inwardly from the formed as part of the lid 32, and provided with an opening
first section 106, which is then connected to an elongated through which electric ions can be introduced and removed.
third section 114 that is generally parallel to the first section A power cord 152 couples the ionizer box 150 and extends
106. The third section 114 extends through a slot 120 in the from the ionizer box 150 into the interior of the hinge
recessed region 100 to extend inside the shell 22. The third 60 housing 70 and coupled to a power source 154, which can
section 114 has a hooked end 116 that is always positioned be a battery pack. The power source 154 can be secured to
inside the shell 22, and which is adapted to engage the upper the shell 22. By locating the power source 154 in the hinge
wall 118 of the indent 26. FIG. 7 illustrates the liner 24, and housing 70, the present invention avoids adding unnecessary
only the recessed region 100, handle 102 and link strip 104 weight to the lid 32, making it easier for the user to open the
while omitting the other elements of the shell 22. 65 lid 32, and to keep the lid 32 opened. The ionizer functions
FIGS. 1, 3 and 7 illustrate the handle 102 in the lifted or by forcing 02 (oxygen) into 03 (via electric charge), with the
removal position, with the liner 24 being lifted partially out third oxygen molecule splitting off with the pollutant, leav
US 6,626,316 B2
7 8
ing behind fresh 02 (oxygen). The ionizer can be turned on 8. A trash can assembly, comprising:
at all times, or a sensor (not shown) can be incorporated to a shell having an enclosing wall that defines a periphery;
sense the opening and closing of the lid 32 (i.e., sense a liner defining a container body that has a side wall, the
movement). As a result, the sensor will sense movement of liner fitted inside the shell and having an indent pro
the lid 32 and then function to turn on the ionizer for a 5 vided on the side wall of the container body; and
specified time (e.g., fifteen minutes). a handle mechanism having a link strip that has a hooked
Thus, the trash can assembly 20 of the present invention end, the hooked end engaging the indent to lift the liner
provides an improved and larger pedal 40 that is positioned from inside the shell;
and structured to provide more effective opening of the lid 10 wherein the link strip is positioned adjacent the enclosing
32 and more convenient use by the user. In addition, the wall of the shell and the side wall of the container body.
handle mechanism 34 provides an effective mechanism for 9. The assembly of claim 8, wherein the shell has a top
lifting the liner 24 out of the shell 22, and for maintaining end and a bottom end, the assembly further including:
the liner 24 in the lifted position. Moreover, apparatus can a lid fitted over the top end;
be provided on the lid 32 to combat foul odor. 15 a foot pedal positioned adjacent the bottom end, with a
The above detailed description is for the best presently portion of the foot pedal positioned inside the periphery
contemplated modes of carrying out the invention. This of the shell; and
description is not to be taken in a limiting sense, but is made a link assembly coupling the foot pedal and the lid.
merely for the purpose of illustrating general principles of 10. A trash can assembly, comprising:
embodiments of the invention. The scope of the invention is 20 a shell having an enclosing wall that defines a periphery;
best defined by the appended claims. In certain instances, a liner defining a container body, the liner fitted inside the
detailed descriptions of well-known devices, components, shell and having an indent provided on the container
mechanisms and methods are omitted so as to not obscure body; and
the description of the present invention with unnecessary a handle mechanism having a link strip that has a hooked
detail. 25
end, the hooked end engaging the indent to lift the liner
What is claimed is: from inside the shell;
1. A trash can assembly, comprising: wherein a first part of the link strip extends outside the
enclosing wall of the shell, and a second part of the link
a shell having a top end and a bottom end, the shell having
a metal enclosing wall that defines a periphery, the 30 extends inside the enclosing wall of the shell, and
wherein the hooked end is coupled to the second part;
enclosing wall having a recess at its bottom end;
and
a curved recess panel, separate from the shell, that is fitted
wherein the handle mechanism further includes a handle
in the recess, the curved recess panel made of a
piece that is pivotally coupled to the enclosing wall of
non-metal material;
35
the shell and the first part of the link strip.
a lid fitted over the top end; 11. The assembly of claim 10, wherein the handle piece
a foot pedal partially positioned in the recess panel, with locks the link strip in a fixed position when the handle piece
a portion of the foot pedal positioned inside the periph is pivoted pass an over-center position.
ery of the shell; and 12. The assembly of claim 10, wherein the enclosing wall
a link assembly coupling the foot pedal and the lid. 40
of the shell has a recessed region which receives the handle
2. The assembly of claim 1, wherein the foot pedal has a piece and the link strip.
top surface area, and wherein a portion of the top surface 13. The assembly of claim 10, wherein the link strip slides
area of the foot pedal is positioned inside the periphery of downwardly when the handle piece is pivoted downwardly.
the shell. 14. The assembly of claim 10, wherein the link strip slides
3. The assembly of claim 1, wherein the foot pedal pivots 45 upwardly when the handle piece is pivoted upwardly.
about a pivot point, with the pivot point positioned inside the 15. A trash can assembly, comprising:
periphery of the shell. a shell having a top end and a bottom end, the shell having
4. The assembly of claim 1, further including a base, with an enclosing wall that defines a periphery;
the foot pedal pivotally secured to the base. a curved recess panel that is fitted in the enclosing wall
5. The assembly of claim 1, wherein the shell has an oval 50 adjacent the bottom end of the shell, the curved recess
configuration, with a front width that is longer than a rear panel made of a different material than the enclosing
width. wall of the shell;
6. The assembly of claim 1, further including: a lid fitted over the top end;
a liner defining a container body, the liner fitted inside the a foot pedal partially positioned in the recess panel, with
shell and having an indent provided on the container 55 a portion of the foot pedal positioned inside the periph
body; and ery of the shell;
a handle mechanism having a link strip that has a hooked a link assembly coupling the foot pedal and the lid; and
end, the hooked end engaging the indent to lift the liner a plastic base that is separate from the enclosing wall,
from inside the shell. with the foot pedal pivotally secured to the base, and
7. The assembly of claim 1, wherein the enclosing wall of 60 wherein the enclosing wall is made of metal.
the shell is made of metal, and the recess panel is made of
plastic. * * * * *

Simplehuman v. Itouchless - First Amended Complaint

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Simplehuman v. Itouchless - First Amended Complaint

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Case 4:19-cv-02701-HSG Document 19 Filed 07/12/19 Page 1 of 18

1 Paul A. Stewart (SBN 153,467)

1 Plaintiff simplehuman, LLC (“simplehuman”) hereby complains of

1 III. INTRADISTRICT ASSIGNMENT

1 27. iTouchless, through its agents, employees, and/or servants has

1 Dual-Deodorizer Oval Open-Top U.S. Design Patent No. D644,807 C1

1 Dual-Deodorizer Oval Open-Top U.S. Design Patent No. D644,807 C1

Dual-Compartment Open Top Trash

Dual-Compartment Open Top Trash

25 Attorneys for Plaintiff

1 DEMAND FOR TRIAL BY JURY

11 Attorneys for Plaintiff

c12) United States Design Patent (10) Patent No.: US D644,807 S

U.S. Patent Sep. 6, 2011 Sheet 1 of 5 US D644,807 S

U.S. Patent Sep. 6, 2011 Sheet 2 of 5 US D644,807 S

U.S. Patent Sep. 6, 2011 Sheet 3 of 5 US D644,807 S

U.S. Patent Sep. 6, 2011 Sheet 4 of 5 US D644,807 S

U.S. Patent Sep. 6, 2011 Sheet 5 of 5 US D644,807 S

c12) EX PARTE REEXAMINATION CERTIFICATE (147th)

(54) SLIM OPEN TRASH CAN (52) U.S. Cl.

AS A RESULT OF REEXAMINATION, IT HAS BEEN

c12) United States Design Patent (10) Patent No.: US D729,485 S

(73) Assignee: Simplehuman LLC, Torrance,CA (US)

(**) T erm: 14 Years (57) CLAIM

(22) Filed: Aug. 22, 2013

U.S. Patent May 12, 2015 Sheet 1 of 5 US D729,485 S

U.S. Patent May 12, 2015 Sheet 2 of 5 US D729,485 S

U.S. Patent May 12, 2015 Sheet 3 of 5 US D729,485 S

U.S. Patent May 12, 2015 Sheet 4 of 5 US D729,485 S

U.S. Patent May 12, 2015 Sheet 5 of 5 US D729,485 S

(12) United States Patent (10) Patent No.: US 6,626,316 B2

U.S. Patent Sep. 30, 2003 Sheet 1 of 10 US 6,626,316 B2

U.S. Patent Sep. 30, 2003 Sheet 2 of 10 US 6,626,316 B2

U.S. Patent Sep.30,2003 Sheet 3 of 10 US 6,626,316 B2

U.S. Patent Sep. 30, 2003 Sheet 4 of 10 US 6,626,316 B2

U.S. Patent Sep. 30, 2003 Sheet 5 of 10 US 6,626,316 B2

U.S. Patent Sep.30,2003 Sheet 6 of 10 US 6,626,316 B2

U.S. Patent Sep. 30, 2003 Sheet 7 of 10 US 6,626,316 B2

U.S. Patent Sep.30,2003 Sheet 8 of 10 US 6,626,316 B2

U.S. Patent Sep.30,2003 Sheet 9 of 10 US 6,626,316 B2

U.S. Patent Sep. 30, 2003 Sheet 10 of 10 US 6,626,316 B2

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