A device for collecting and packaging solid waste or toxic material is provided. A first arm and a second arm are coupled with a lever, wherein at least one arm is slidably coupled with the lever. A bag may be positioned in an open position when the first arm is located distally from the second arm, and the bag may be closed by an operator manipulating the arms towards each other. The device may include a motor and/or a spring or springs to drive the arms towards or away from each other. A plate, a pole and/or a handle may be coupled with the arms. The plate may be positioned relative to the arms to stabilize the waste or toxic material for insertion into the bag. The bag may include an adhesive, paper, plastic, recycled plastic and/or cellulose.

CROSS-REFERENCE TO CO-PENDING PATENT APPLICATION 
     This Nonprovisional patent application is a Continuation application to Nonprovisional patent application Ser. No. 12/584,438, now, U.S. Pat. No. 7,866,717, filed on Sep. 4, 2009 by inventor Hector Martinez and hereby incorporated by reference in its entirety and for all purposes, to include claiming benefit of the priority date of filing of Nonprovisional patent application Ser. No. 12/584,438, now, U.S. Pat. No. 7,866,717. 
    
    
     FIELD OF THE INVENTION 
     The present invention relates to the field of biological waste and toxic material collection and management. The present invention more particularly relates to the collection and transfer of solid waste and toxic material. 
     BACKGROUND OF THE INVENTION 
     Solid waste and solid toxic materials are generated from many sources, to include by production and evacuation from animals as well as industrial processes. Farm laborers, zoo workers and pet owners are not unusually tasked with cleaning up waste matter or from the ground or otherwise deposited by animals, such as canines, cats, domesticated animals and/or animals maintained in confined areas. 
     Yet touching feces is almost universally repulsive and considered to be a degrading and undesirable act. The prior art includes efforts to maintain separation between a collector of animal waste or toxic matter and the material to be collected. 
     To solve the above stated problem it has been proposed to collect the pet's excrement by means of small shovels, placing the depositions into bags that when closed are discarded into any street or public trash collector. 
     U.S. Pat. No. 6,059,332 discloses a domestic pet's excrement collector. The invented collector includes two similar rectangular structures facing each other and joined in between by a posterior concave-convex wall forming a pincer-shaped hinge for the collector. Over the convex face of the wall is fixed a cylindrical tube closed at one end, having inside of the tube a roll of continuous bags, while the other end of the tube is closed by a lid. The plastic bag is placed covering the collecting pincers. The bottom of the bag is contained within the pincers towards the cylindrical tube. This complex construction does not relate to the present invention. 
     U.S. Pat. No. 7,523,972 discloses a portable waste remover with integrated bag. The invented waste remover includes a handle, a housing portion for holding and dispensing bags, and a grabbing assembly actuated by a spring and pulley assembly contained in the handle. The grabbing assembly is further coupled to a first and second frame member wherein the frame members are capable of pivotally attachment to the housing portion. The first and second pivot arms may have removable clamps that either secure the frame members for grabbing waste or detach from the frame members making them collapsible. The housing portion may be configured in the shape of a tube with a roller and having a slotted groove disposed where disposable bags may be fitted around the roller and dispensed through the slotted groove. In another configuration, the grabber assembly engaging the handle is comprised of a button, spring, spring arm with shoulder, and toothed elongated arm engaging the frame members. 
     There is a long-felt need to provide a device that optimally enables a human to collect animal solid waste, or other solid toxic material, without requiring the device operator to handle or touch the solid material. 
     None of the mentioned prior-art patents offers a construction similar to this present invention, nor provide a solution having a low cost base structure or frame including a movable arm, to which is attached a disposable plastic bag within which the pet's depositions are collected, such as disclosed herein. Once the bag has been used, the bag may be withdrawn in a rapid and hygienic manner. 
     SUMMARY OF THE INVENTION 
     This and other objects of the present invention are made obvious in light of this disclosure, wherein a device is provided for collecting and bagging solid waste is provided. According to a first device, a first arm and a second arm are coupled with a lever, wherein at least one arm is slidably coupled with the lever. A bag may be positioned in an open position when the first arm is located distally from the second arm, and the bag may be closed by a device user manipulating the arms towards each other. 
     The first device may optionally include a motor that provides mechanical force applicable to drives the arms towards and/or away from each other. Additionally or alternatively, an optional spring or springs may be attached to the arms or lever to drive the arms towards and/or away from each other. 
     In alternate devices, the mechanical force applied to drive the arms towards and/or away from each other may be translated to one or both arms by a chain or a cable element. 
     In still alternate devices, plate, a pole and/or a handle may be coupled with the arms. The plate is positioned relative to the arms to stabilize the waste or toxic material for insertion into the bag. The pole and/or handle may be configured to reduce or eliminate the degree of bending required by the device user during the process of collected waste or toxic material. 
     In certain alternate variations, the bag may include paper, plastic, recycled plastic, matter and/or cellulose. Alternatively or additionally, the bag further includes an internal adhesive proximate an aperture of the bag. 
     In certain still alternate variations, the bag maintains a barrier between the device and keeps the waste material from contaminating or touching the device. A handle for the device may allow the user to collect and package the waste material in a bag without directly touching the waste material. Soiling of the user's hands, skin, footwear or clothing by the waste can thus be avoided. 
     The foregoing and other objects, features and advantages will be apparent from the following description of aspects of the present invention as illustrated in the accompanying drawings. 
     INCORPORATION BY REFERENCE 
     All publications mentioned herein are incorporated herein by reference to disclose and describe the methods and/or materials in connection with which the publications are cited. All publications, patents, and patent applications mentioned in this specification are herein incorporated by reference in their entirety and for all purposes to the same extent as if each individual publication, patent, or patent application was specifically and individually indicated to be incorporated by reference. 
     Such incorporations include U.S. Pat. No. 4,196,365 (Inventor: Presley, D.; issued on Apr. 1, 1980) titled “Magnetic motor having rotating and reciprocating permanent magnets”; U.S. Pat. No. 4,878,869 (Inventor: Yuji Yamane et al.; issued on Nov. 7, 1989) titled “Toys having magnetic switches”; U.S. Pat. No. 6,059,332 (Inventor: Beascoechea Inchaurraga; Issued on May 9, 2000) titled “Collector for excreta from domestic animals”; U.S. Pat. No. 7,095,155 (Inventor: Takeuchi, K.; issued on Aug. 22, 2006) titled “Motor and drive control system thereof”; U.S. Pat. No. 7,523,972 (Inventor: Wawrzynowski, Michael; Issued on Apr. 28, 2009) titled “Portable waste remover with integrated bag”; and U.S. Pat. No. 7,216,905 (Inventor: Armes, Jr., A.; Issued on May 15, 2007) titled “Refuse removal system and method for removing refuse”. 
     The publications discussed or mentioned herein are provided solely for their disclosure prior to the filing date of the present application. Nothing herein is to be construed as an admission that the present invention is not entitled to antedate such publication by virtue of prior invention. Furthermore, the dates of publication provided herein may differ from the actual publication dates which may need to be independently confirmed. 
    
    
     
       BRIEF DESCRIPTION OF THE FIGURES 
       These, and further features of various aspects of the present invention, may be better understood with reference to the accompanying specification, wherein: 
         FIG. 1A  illustrates a bag having pocket, two flaps and a plurality of optional adhesive strips; 
         FIG. 1B  is a side view of the bag of  FIG. 1A ; 
         FIG. 1C  is a front view of the bag of  FIGS. 1A and 1B  containing a waste material sealed in the pocket by one or more adhesive strips; 
         FIG. 2  is a perspective view of a waste capturing device, or “scooper”, in an open position; 
         FIG. 3  is a perspective view of the scooper of  FIG. 2  with the bag of  FIGS. 1A-1C  attached and partially enclosing a waste material; 
         FIG. 4  is a perspective view of the scooper of  FIGS. 2 and 3  in a closed positioned, wherein the waste material is substantially enclosed in the pocket of the bag of  FIGS. 1A-1C  and  3 ; 
         FIG. 5  is a first alternate variation of the present variation that includes a pole attached to the scooper; 
         FIG. 6  is a schematic diagram of electromechanical aspects of the scooper of  FIGS. 2-5 ; 
         FIG. 7  is a perspective view of the scooper of  FIGS. 2-6  in a travel position; and 
         FIG. 8  is a schematic of a second alternate variation of the present invention of  FIGS. 1-6  wherein a spring-actuated mechanism is provided. 
     
    
    
     DETAILED DESCRIPTION 
     It is to be understood that this invention is not limited to particular aspects of the present invention described, as such may, of course, vary. It is also to be understood that the terminology used herein is for the purpose of describing particular aspects only, and is not intended to be limiting, since the scope of the present invention will be limited only by the appended claims. 
     Methods recited herein may be carried out in any order of the recited events which is logically possible, as well as the recited order of events. 
     Where a range of values is provided herein, it is understood that each intervening value, to the tenth of the unit of the lower limit unless the context clearly dictates otherwise, between the upper and lower limit of that range and any other stated or intervening value in that stated range, is encompassed within the invention. The upper and lower limits of these smaller ranges may independently be included in the smaller ranges and are also encompassed within the invention, subject to any specifically excluded limit in the stated range. Where the stated range includes one or both of the limits ranges excluding either or both of those included limits are also included in the invention. 
     Unless defined otherwise, all technical and scientific terms used herein have the same meaning as commonly understood by one of ordinary skill in the art to which this invention belongs. Although any methods and materials similar or equivalent to those described herein can also be used in the practice or testing of the present invention, the methods and materials are now described. 
     It must be noted that as used herein and in the appended claims, the singular forms “a”, “an”, and “the” include plural referents unless the context clearly dictates otherwise. It is further noted that the claims may be drafted to exclude any optional element. As such, this statement is intended to serve as antecedent basis for use of such exclusive terminology as “solely,” “only” and the like in connection with the recitation of claim elements, or use of a “negative” limitation. 
     Referring now to  FIG. 1A  a bag  2  is formed by a first sheet  4 A and a second sheet  4 B joined along a seam  6  from a first joining point  8  to a second joining point  10 . The bag  2  may be or comprise paper, plastic, recycled plastic, and/or cellulose. Alternatively or additionally, the bag  2  may be or comprise polyethylene or other suitable plastic material known in the art. 
     A first flap  12  is comprised of a portion of the first sheet  4 A extending from the first joining point  8  and the second joining point  10 . A second flap  14  is comprised of a portion of the second sheet  4 B extending from the first joining point  8  and the second joining point  10 . An open pocket  16  is formed defined by the seam  6 . One or more internal adhesive strips  18 A of the first flap  12  and/or one or more internal adhesive strips  18 B of the second flap  14  are located on an internal side  19  of the bag  2 . Additionally, alternatively of optionally one or more external adhesive strips  20 A- 20 D are located an external side  21  of either or both the first flap  12  and/or the second flap  14  of the bag  2 . 
     The clips may be or comprise a binder clip product number LOP13351 as marketed by Legacy Office Products of Indianapolis, Ind. 
     The pocket  16  extends from an opening  17  and away from the first flap  12  and the second flap in a depth dimension D. The opening  17  extends from the first joining point  8  and the second joining point  10 . The first flap  12  and the second flap  14  extending from the opening  17  and away from the pocket  16  along the depth dimension D. 
     The first flap  12  and the second flap  14  preferably extend, in various alternate preferred embodiments of the present invention, for a linear length along the depth dimension D selected from the depth range of from one inch to two feet and away from the pocket  16 . 
     The pocket  16  preferably extends, in various yet alternate preferred embodiments of the present invention, along the depth dimension D for a linear length selected from the range of from one inch to two feet and away from the opening  17 , the first flap  12  and the second flap  1 . 
     The pocket  16 , first flap  12  and/or the second flap  14  preferably extend for a linear length of from one inch to two feet along a width dimension Win various even alternate preferred embodiments of the present invention, wherein the width dimension W is orthogonal to the depth dimension D. 
     In various other additional alternate preferred embodiments of the present invention, the pocket  16 , first flap  12  and/or the second flap  14  preferably extend for a linear length selected from the range of from one inch or less or two feet or more along the width dimension W and/or the depth dimension D. In various still additional alternate preferred embodiments of the present invention, the pocket  16 , first flap  12  and/or the second flap  14  preferably extend for a linear length selected from the range from 0.1 or less to more than two feet along the width dimension W and/or the depth dimension D. 
     Referring now to  FIG. 1B  is a side view of the bag  2  of  FIG. 1A , where in the first flap  12  and the second flap  14  are separated and the pocket  16  is partially open. The seam  6  maintains the integrity of the pocket  16  in both an open and a closed position. 
     It is understood that the seam  6  may be formed with an adhesive (not shown) or a heating and a compression of the first sheet  4 A and the second sheet  4 B. It is further understood that the bag  2  may be formed without the seam  6  and according to suitable means known in the art. 
     Referring now to  FIG. 1C  is a front view of the bag  2  of  FIGS. 1A and 1B  containing a waste material  22  sealed in the pocket  16  by one or more internal adhesive strips  18 A. The pocket  16  is thus defined by the seam  6  and a seal formed by a first internal adhesive strip  18 A and a second adhesive strip  18 B, and the first flap  12  and the second flap  14  extend away from the pocket  16  for more acceptable handling of the bag  2  as it encloses the waste material  22 . 
     The waste material  22  may be or comprise animal feces, toxic waste, biological matter, industrial waste, and/or unwanted or undesired material or substance in combination or singularity. 
     Referring now to  FIG. 2  is a perspective view of a waste capturing device  24 , or “scooper”  24 , in an open position. An arm  26  and a plate  28  are configured to allow the arm  26  to be positioned distally from the plate  28  and a housing  30  by movement of a linear actuator  32  (hereinafter, “lever”  32 ). The arm  26  and the lever  32  are coupled by an arm hinge assembly  34 , wherein the arm hinge assembly  34  enables the arm to be rotated along a Y-axis. The plate  28  and the housing  30  are coupled by a plate hinge assembly  36 , wherein the plate hinge assembly  36  enables the plate  28  to be rotated about a Y-axis. The X-axis and the Y-axis are mutually orthogonal to each other and, both the Y-axis and the Z-axis are mutually orthogonal to a third Z-axis. 
     A three state actuation button  38  enables the actuation of a process of positioning the arm  26  relative to the plate  28  as described herein. 
     One or more elements  26 - 38  of the scooper  24  consist of, or comprise, aluminum, iron, stainless steel or other suitable metal, metal alloy or material known in the art. Additionally or alternatively, one or more elements  26 - 38  of the scooper  24  may consist of, or comprise polystyrene, polyvinyl chloride, polyethylene, polypropylene, or other suitable thermoplastic polymer or plastic polymer known in the art. 
     Preferably the scooper  24  has a total weight of less than five pounds. More preferably the scooper  24  has a total weight of less than two pounds and more than 0.25 pounds. Most preferably the scooper  24  has a combined weight of less than one pound. 
     Preferably the scooper  24  has a total weight of less than five pounds. More preferably the scooper  24  has a total weight of less than two pounds and more than 0.25 pounds. Most preferably the scooper  24  has a combined weight of less than one pound. 
     In certain applications, preferably the scooper  24  is shaped to fit within a three dimensional volume of less than 0.500 cubic feet. In alternate applications and certain other alternate preferred embodiments, the scooper is preferably shaped to fit within a volume defined when the arm  26  is fully extended in by the limits of less than two foot along the X-axis, one foot along the Y-axis, and less than one foot along the Z-axis. 
     In various alternate preferred embodiments, the arm  26  comprises a shovel plate that (as deployed in the open position of the device  24 ) has a first dimension along y-axis between eight inches and one inch, a second dimension along the Z-axis between eight inches and one inch, and a third dimension along the X-axis of less than 0.25 inches; and/or the plate  28  comprises an flat element that has a first dimension between eight inches and one inch, a second dimension between eight inches and one inch, and a third dimension of less than 0.25 inches. 
     The bag  2  is sized and shaped to present an opening when attached the scooper  24  that is approximately as long as the first dimension or second dimension of the plate  28 . The first flap  12  and the first flap  14  may be configured to be as wide along the W axis as the first dimension or second dimension of the plate  28  or the arm  26   
     Referring now to  FIG. 3  is a perspective view of the scooper  24  of  FIG. 2  with the bag of  FIGS. 1A-1C  attached and partially enclosing a waste material  22 . The first flap  12  is held to the arm  26  by a first clip  40  and or one or more external adhesive strips  20 A- 20 D. The second flap  14  is held to the arm  26  by a second clip  42  and or one or more external adhesive strips  20 A- 20 D. The pocket  16  is positioned proximate to and substantially around the waste material  22 . 
     Referring now to  FIG. 4  is a perspective view of the scooper  24  of  FIGS. 2 and 3  in a closed positioned, wherein the waste material  22  is substantially enclosed in the pocket  16 . The arm  26  is driven forward along the X-axis and causes the material  22  to be captured by the pocket  16 . One or more internal adhesive strips  18 A and  18 B create and maintain a sealed edge of the pocket  16 . 
     Referring now to  FIG. 5  is a first alternate variation of the present variation that allows a user  44  to grasp a handle  46  of a pole  48 , wherein the pole  48  is attached to the housing  30  of the scooper  24 . The pole  48  may be configured with a linear length L extending for a length in the range from six inches to five feet in various alternate configurations. Preferably the pole  48  presents a cross-sectional diameter in a plane normal to the linear length L in the range of two inches to 0.25 inches. More preferably the pole  48  presents a cross-sectional diameter in a plane normal to the linear length L in the range of one inch to 0.5 inches. Preferably the handle  46  presents a cross-sectional diameter in a plane normal to the linear length L in the range of one inch to 0.25 inches. More preferably the handle presents a cross-sectional diameter in a plane normal to the linear length L in the range of one inch to 0.5 inches. 
     One or more elements  26 - 38  of the handle  46  and the pole  48  may be consist of, or comprise, aluminum, iron, stainless steel, or other suitable metal, metal alloy or material known in the art. Additionally or alternatively the handle  46  and pole  48  may consist of, or comprise polystyrene, polyvinyl chloride, the polyethylene and polypropylene, or other suitable thermoplastic polymer or plastic polymer known in the art. Preferably the scooper  24 , pole  48  and handle  46  have a total combined weight of less than five pounds. More preferably the scooper  24 , pole  48  and handle  46  have a total combined weight of less than two pounds and more than 0.25 pounds. Most preferably the scooper  24 , pole  48  and handle  46  have a combined weight of less than one pound. 
     Referring now to  FIG. 6  is a schematic diagram of electromechanical aspects of the scooper  24  of  FIGS. 2-5 . An electric battery  50  provides electrical power to an electromagnet assembly  52  and a control circuit  54 . The control circuit  54  is coupled to the control button  38  and the control circuit  54  is configured to cause the electromagnet to spin a magnet  56  of a circular gear  58  to rotate in either a clockwise or a counter clockwise rotation in reference to rotation about the Y-axis. 
     The battery  50 , the electromagnetic assembly  52 , the control circuit  54 , the magnet  56  and the circular gear  58  are coupled to the housing  30 . 
     The circular gear  58  engages with a plurality of teeth  60  of the lever  32 , thereby translating the rotational motion about the Y-axis of the circular gear  58  into linear motion along the X-axis. The resultant linear motion of the lever  32  along the X axis causes the arm  26  to move toward or away from the plate  28 , whereby the scooper translates to and from open position as illustrated in  FIGS. 2 and 3  and to the closed positioned of  FIG. 4 . 
     One or more elements  50 - 60  of the scooper  24  consist of, or comprise, a magnetized metal, aluminum, iron, stainless steel or other suitable metal, metal alloy or material known in the art. Additionally or alternatively, one or more elements  26 - 38  of the scooper  24  may consist of, or comprise polystyrene, polyvinyl chloride, polyethylene, polypropylene, or other suitable thermoplastic polymer or plastic polymer known in the art. 
     The control, button  38  is a three position control that the user  44  manually positions in an off state, a second state and a third state. When the control button  38  is in the off state the control circuit  54  either electrically disconnects or fails to electrically connect the battery  50  to the electromagnet assembly  52 . When the control button  38  is in the second state, the control circuit  54  electrically connects the battery  50  to the electromagnet assembly  52  and/or directs the circular gear  58  to rotate in a first rotational direction about the Y-axis that causes the lever  32  to extend out from the housing  30  along the X-axis, and thereby position the arm  28  in the open position. disconnects or fails to electrically connect the battery  50  to the electromagnet assembly  52 . When the control button  38  is in the third state, the control circuit  54  electrically connects the battery  50  to the electromagnet assembly  52  and/or directs the circular gear  58  to rotate in a second rotational direction about the Y-axis that causes the lever  32  to move into the housing  30  along the X-axis, and thereby position the arm  28  in the closed position. 
     The circular gear  58  may be rotatably coupled to a fixed axle  61 , wherein the axle  61  is coupled with housing  30  and a magnet field generated by the electromagnet assembly  52  acts upon the magnet  56  to drive the magnet  54  around the axle  61  and thereby cause the circular gear  58  to rotate about the axle  61 . The circular gear  58  engages with the teeth  60  of the lever  32  as the circular gear  58  rotates and thereby drives linear motion of the lever  32 . 
     Alternatively the circular gear  58  may be driven as controlled by the control circuit  54  and by a Kinmore™ electric toy motor model number KM-16T050 as marketed by Shenzhen Kinmore Motor Co. Ltd. of Nanshan District, Shenzhen, Guangdong, People's Republic of China. 
     Referring now to  FIG. 7  is a perspective view of the scooper  24  of  FIGS. 2-6  in a travel position, wherein the arm  26  and the plate  28  are each positioned to align substantially parallel to an X-Y plane defined by the X-axis and the Y-axis. The positioning of the arm  26  toward the X-Y plane orientation is facilitated by the arm hinge assembly  34 , and the positioning of the lever  28  toward the X-Y plane orientation is facilitated by the plate hinge assembly  36 . An optional manual handle  62  further increases the ease with which the scooper  24  may be transported. 
     Referring now to  FIG. 8  is a schematic of a second alternate variation of the present invention of  FIGS. 1-6  wherein a spring-actuated mechanism is provided. A spring  64  is coupled to the housing  30  by a spring guide  66 . The spring guide  66  is coupled to the housing at a first guide point  66 A and a second guide point  66 B. A trigger  68  is rotatably coupled to the housing  30  by a rotational coupling  70 , and may be rotated to maintain the arm  26  in the open position of  FIGS. 2 and 3 . The spring  64  directs a spring force to the arm  26  to cause the arm  26  to move along the X-axis and toward the plate  28  and to assume the closed position of  FIG. 4 . The user  44  manually rotates the trigger  68  by pressing the trigger end  72  in the up or down direction. Pressing the trigger end  72  in the up direction causes the trigger to enable a maintenance of the arm  26  in the open position of  FIGS. 2 and 3 . Pressing the trigger end  72  in the down position causes the trigger  68  to rotate and to enable the spring  64  to drive the arm  26  towards the plate  28  and form the closed position of  FIG. 5 . 
     The foregoing disclosures and statements are illustrative only of the present invention, and are not intended to limit or define the scope of the present invention. The above description is intended to be illustrative, and not restrictive. Although the examples given include many specificities, they are intended as illustrative of only certain possible applications of the present invention. The examples given should only be interpreted as illustrations of some of the applications of the present invention, and the full scope of the Present Invention should be determined by the appended claims and their legal equivalents. Those skilled in the art will appreciate that various adaptations and modifications of the just-described applications can be configured without departing from the scope and spirit of the present invention. Therefore, it is to be understood that the present invention may be practiced other than as specifically described herein. The scope of the present invention as disclosed and claimed should, therefore, be determined with reference to the knowledge of one skilled in the art and in light of the disclosures presented above.