DETAILED ACTION
This Office Action acknowledges the applicant’s amendment filed 23 September 2025. Claims 1, 4-9 and 11-19 are pending in the application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office 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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “third point” of claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 19, the applicant states “wherein the converter base, when positioned in the tumbler, extends from the first point to the second point that is below a third point along a length of the tumbler that is closer to the bottom of the tumbler than the top of the tumbler”. It is unclear from the claim if the second point or third point is supposed to be “closer to the bottom of the tumbler than the top of the tumbler”. For purposes of examination, the examiner will assume that the third point closer to the bottom of the tumbler than the top of the tumbler.
Claim Rejections - 35 USC § 102
Claims 1, 4-6, 11 and 13-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gu et al. (US 20220177217).
Regarding claim 1, Gu teaches a system (figure 2) comprising: a tumbler (figure 1a and 3, reference 12); and a converter base (figure 3, reference 14) positionable in the tumbler, the converter base comprising: an open top end (figure 3, reference 42), a base end (figure 3, reference 38), and at least one internal feature that allows the converter base to receive differently-shaped beverage containers (figure 3, reference 50 and 52), the at least one internal feature comprising two or more inward ledges (figure 3, reference 50 and 52); defining three or more different diameters to support the differently-shaped beverage containers (figures 4 and 6-8, reference 82, 84 and 86), wherein the converter base is configured to be removed from the tumbler (paragraph 35) and wherein the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler (figure 2, near reference 18) to a second point (figure 2 and 3, reference 42) that is below a top of the tumbler (figure 1a, 1b and 2, reference 58: since the cover 16 is part of the tumbler and the cover 16 extends beyond the upper end 42 of the converter base 14 along a top 58, the limitation is disclosed), wherein the second point is at a top of the converter base (figure 2, reference 42).
Alternatively, regarding claim 1, Gu teaches a system (figure 2) comprising: a tumbler (figure 1a and 3, reference 12); and a converter base (figure 3, reference 14) positionable in the tumbler, the converter base comprising: an open top end (figure 3, reference 42), a base end (figure 3, reference 38), and at least one internal feature that allows the converter base to receive differently-shaped beverage containers (figure 3, reference 50 and 52), the at least one internal feature comprising two or more inward ledges (figure 3, reference 50 and 52); defining three or more different diameters to support the differently-shaped beverage containers (figures 4 and 6-8, reference 82, 84 and 86), wherein the converter base is configured to be removed from the tumbler (paragraph 35) and wherein the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler (figure 2, near reference 18) to a second point that is below a top of the tumbler (figure 2 and 3, reference 50: the converter base extends from a first point near 18 to a second point 50 which is below the top of the tumbler 22) wherein the second point is at a top of the converter base (figure 2 and 3, reference 50: ledge 50 incorporates a top surface which is a top of the converter base).
Regarding claim 17, Gu teaches all of the claim limitations of claim 1, as shown above. Furthermore, Gu teaches the base end is a closed base end (figure 4, reference 38).
Regarding claim 4, Gu teaches all of the claim limitations of claim 17, as shown above. Furthermore, Gu teaches wherein a first inward ledge (figure 8, reference 50) of the two or more inward ledges is configured to support a base of a first-shaped beverage container (figure 8, reference 94), and wherein a perimeter around the closed base end (figure 6, reference 44) is configured to support a base of a third-shaped beverage container (figure 6, reference 90).
Regarding claim 5, Gu teaches all of the claim limitations of claim 4, as shown above. Furthermore, Gu teaches the perimeter has a first diameter (figure 4, reference 82) of the three or more different diameters, wherein the first inward ledge has a second diameter (figure 4, reference 86) of the three or more different diameters, and wherein the second diameter is larger than the first diameter (figure 4).
Regarding claim 6, Gu teaches all of the claim limitations of claim 17, as shown above. Furthermore, Gu teaches the at least one internal feature is defined by a narrowing diameter (figure 4: moving along the converter base 14, the diameter narrows. The diameter also narrows along the first inward ledge 50, the second inward ledge 52 and along lower portion 48 when transitioning to the base end 38).
Regarding claim 11, Gu teaches all of the claim limitations of claim 1, as shown above. Furthermore, Gu teaches a method for using the system of claim 1, comprising: positioning the converter base into the tumbler (figure 3, reference 14 into tumbler 12 shown in figure 6); positioning a beverage container within the converter base (figure 6, reference 90); and positioning a beverage securing lid over the beverage container (figure 6, reference 16).
Regarding claim 13, Gu teaches a tumbler system (figure 6) comprising:(a) a tumbler (figure 3 and 6, reference 12) configured to separately receive one of a plurality of beverage containers (figures 6-9, references 90, 92, 94 and 96) including a first beverage container of a first size (figure 7, reference 94) and a second beverage container of a second size (figure 7, reference 92); and (b) a converter base (figures 3, 4 and 6-8, reference 14) configured to be positioned in and removed from a bottom portion of the tumbler (figure 6 and paragraph 35), the converter base including a surface configured to space the first beverage container away from the bottom portion (figure 4 and 8, reference 50, 52), the surface comprising two or more inward ledges (figure 4, reference 50, 52) defining three or more different diameters (figure 4, reference 82, 84 and 86) to separately support the plurality of beverage containers (figures 6-8, reference 90, 92 and 94) and wherein the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler (figure 2, near reference 18) to a second point (figure 2 and 3, reference 42) that is below a top of the tumbler (figure 1a, 1b and 2, reference 58: since the cover 16 is part of the tumbler and the cover 16 extends beyond the upper end 42 of the converter base 14 along a top 58, the limitation is disclosed), wherein the second point is at a top of the converter base (figure 2, reference 42).
Alternatively, regarding claim 13, Gu teaches a tumbler system (figure 6) comprising:(a) a tumbler (figure 3 and 6, reference 12) configured to separately receive one of a plurality of beverage containers (figures 6-9, references 90, 92, 94 and 96) including a first beverage container of a first size (figure 7, reference 94) and a second beverage container of a second size (figure 7, reference 92); and (b) a converter base (figures 3, 4 and 6-8, reference 14) configured to be positioned in and removed from a bottom portion of the tumbler (figure 6 and paragraph 35), the converter base including a surface configured to space the first beverage container away from the bottom portion (figure 4 and 8, reference 50, 52), the surface comprising two or more inward ledges (figure 4, reference 50, 52) defining three or more different diameters (figure 4, reference 82, 84 and 86) to separately support the plurality of beverage containers (figures 6-8, reference 90, 92 and 94) and wherein the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler (figure 2, near reference 18) to a second point that is below a top of the tumbler (figure 2 and 3, reference 50: the converter base extends from a first point near 18 to a second point 50 which is below the top of the tumbler 22) wherein the second point is at a top of the converter base (figure 2 and 3, reference 50: ledge 50 incorporates a top surface which is a top of the converter base).
Regarding claim 14, Gu teaches all of the claim limitations of claim 13, as shown above. Furthermore, Gu teaches a cover (figure 2, reference 16), the cover including an opening (figure 3, reference 60) through which at least one of the first beverage container and the second beverage container can pass (figures 6-9).
Regarding claim 15, Gu teaches all of the claim limitations of claim 14, as shown above. Furthermore, Gu teaches at least an external surface of the converter base has a cylindrical shape (figure 3, reference 40) and is sized to be received in the bottom portion of the tumbler (figure 2).
Regarding claim 16, Gu teaches all of the claim limitations of claim 15, as shown above. Furthermore, Gu teaches the tumbler system is configured such that the first beverage container rests on the surface when the converter base is positioned in the bottom portion of the tumbler and the first beverage container is received in the tumbler (figures 6-8).
Regarding claim 18, Gu teaches all of the claim limitations of claim 13, as shown above. Furthermore, Gu teaches a beverage securing lid (figure 2, reference 16).
Regarding claim 19, Gu teaches all of the claim limitations of claim 1, as shown above. Furthermore, Gu teaches the converter base, when positioned in the tumbler, extends from the first point (figure 2, near reference 18) to the second point (figure 2 and 3, reference 50) that is below a third point along a length of the tumbler (figure 2 and 3, a point along the length 44 just above 50) that is closer to the bottom of the tumbler than the top of the tumbler (figure 2: third point just above 50 along length 44 is closer to the bottom of the tumbler than the top of the tumbler).
Claims 1, 4-6, 11 and 13-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gu et al. (US 11,844,449).
Regarding claim 1, Gu teaches a system (figure 1) comprising a tumbler (figure 1, as shown in the annotated figure below); and a converter base (figures 1, 3-6, reference 1) positionable in the tumbler (figure 1), the converter base comprising: an open top end (figure 3, near reference 2), a base end (figure 3, near reference 4), and at least one internal feature that allows the converter base to receive differently-shaped beverage containers (figure 3, reference 2, 3 and figures 4-6), the at least one internal feature comprising two or more inward ledges (figure 3, reference 2 and 3); defining three or more different diameters to support the differently-shaped beverage containers (figures 3, diameter at reference 2, 3 and 4), wherein the converter base is configured to be removed from the tumbler (column 2, line 67 through column 3, line 2) and wherein the converter base, when positioned in the tumbler, is capable of extending from a first point adjacent to a bottom of the tumbler (figure 1, 3 and 4, near reference 4) to a second point that is below a top of the tumbler (figure 1, 3 and 4, near reference 2), wherein the second point is at a top of the converter base (figure 1, 3 and 4, reference 2).
PNG
media_image1.png
388
411
media_image1.png
Greyscale
Regarding claim 17, Gu teaches all of the claim limitations of claim 1, as shown above. Furthermore, Gu teaches the base end is a closed base end (figure 1, 3 and 4, near reference 4).
Regarding claim 4, Gu teaches all of the claim limitations of claim 17, as shown above. Furthermore, Gu teaches wherein a first inward ledge (figure 1, 3 and 4, reference 2) of the two or more inward ledges is configured to support a base of a first-shaped beverage container (figure 4, reference 7), and wherein a perimeter around the closed base end (figure 3, 5, reference 4) is configured to support a base of a third-shaped beverage container (figure 5, reference 8).
Regarding claim 5, Gu teaches all of the claim limitations of claim 4, as shown above. Furthermore, Gu teaches the perimeter has a first diameter (figure 3, reference 4 and column 3, lines 30-32: diameter is 58mm) of the three or more different diameters, wherein the first inward ledge has a second diameter (figure 3, reference 2 and column 3, lines 30-32: diameter is 66 mm) of the three or more different diameters, and wherein the second diameter is larger than the first diameter (figure 3).
Regarding claim 6, Gu teaches all of the claim limitations of claim 17, as shown above. Furthermore, Gu teaches the at least one internal feature is defined by a narrowing diameter (figure 3 and 4: moving along the converter base 1, the diameter narrows. The diameter also narrows along the first inward ledge 2, the second inward ledge 3 and along lower portion 4 when transitioning to the base end).
Regarding claim 11, Gu teaches all of the claim limitations of claim 1, as shown above. Furthermore, Gu teaches a method for using the system of claim 1, comprising: positioning the converter base into the tumbler (figure 1, reference 1 into the tumbler); positioning a beverage container within the converter base (figure 4, reference 7); and positioning a beverage securing lid over the beverage container (figure 1 and 4, reference 5).
Regarding claim 13, Gu teaches a tumbler system (figure 1) comprising:(a) a tumbler (figure 1 and column 2, line 63 through column 3, line 12) configured to separately receive one of a plurality of beverage containers (figures 4-7, references 7, 8, 9 and 10) including a first beverage container of a first size (figure 4, reference 7) and a second beverage container of a second size (figure 6, reference 9); and (b) a converter base (figures 1, 3-6, reference 1) configured to be positioned in and removed from a bottom portion of the tumbler (figure 1 and paragraph column 2, line 63 through column 3, line 12), the converter base including a surface configured to space the first beverage container away from the bottom portion (figure 1, 3, 4 and 6, reference 2 and 3), the surface comprising two or more inward ledges (figure 1, 3, 4 and 6, reference 2 and 3) defining three or more different diameters (figure 3, reference 2, 3 and 4 and column 3, lines 30-32) to separately support the plurality of beverage containers (figures 4-6, reference 7, 8, 9) and wherein the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler (figure 1, 3 and 4, near reference 4) to a second point that is below a top of the tumbler (figure 1, 3 and 4, near reference 2) wherein the second point is at a top of the converter base (figure 1, 3 and 4, reference 2).
Regarding claim 14, Gu teaches all of the claim limitations of claim 13, as shown above. Furthermore, Gu teaches a cover (figure 1 and 2, reference 5), the cover including an opening (figure 1 and 2and column 2, lines 65-67) through which at least one of the first beverage container and the second beverage container can pass (figures 4-7).
Regarding claim 15, Gu teaches all of the claim limitations of claim 14, as shown above. Furthermore, Gu teaches at least an external surface of the converter base has a cylindrical shape (figure 1 and 3, reference 1) and is sized to be received in the bottom portion of the tumbler (figure 1).
Regarding claim 16, Gu teaches all of the claim limitations of claim 15, as shown above. Furthermore, Gu teaches the tumbler system is configured such that the first beverage container rests on the surface when the converter base is positioned in the bottom portion of the tumbler and the first beverage container is received in the tumbler (figures 4-6).
Regarding claim 18, Gu teaches all of the claim limitations of claim 13, as shown above. Furthermore, Gu teaches a beverage securing lid (figure 1 and 2, reference 5).
Regarding claim 19, Gu teaches all of the claim limitations of claim 1, as shown above. Furthermore, Gu teaches the converter base, when positioned in the tumbler, extends from the first point (figure 1, 3 and 4, near reference 4) to the second point (figure 1, 3 and 4, near reference 2) that is below a third point (figure 1 and 4, as shown in the annotated figure below) along a length of the tumbler (figure 4, as shown in the annotated figure below) that is closer to the bottom of the tumbler than the top of the tumbler (figure 1, 3 and 4, reference 2).
PNG
media_image2.png
350
419
media_image2.png
Greyscale
Claims 1, 4-9, 11-19 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention, in view of Tumbler Buddy, as evidenced by “NPL Kickstarter Tumbler Buddy” (16 June 2021) and “NPL Amazon Tumbler Buddy” (17 May 2021).
Regarding claim 1, NPL Kickstarter teaches a system (page 3 and 4) comprising a tumbler (page 4) and a converter base (page 8) positionable in the tumbler (page 4), the converter base comprising: an open top end (page 8), a base end (page 8), and at least one internal feature (page 8) that allows the converter base to receive differently-shaped beverage containers (page 6 and 7), the at least one internal feature comprising two or more inward ledges (page 8) defining three or more different diameters (page 8) to support the differently-shaped beverage containers (page 6 and 7), wherein the converter base is configured to be removed from the tumbler, and wherein the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler to a second point that is below a top of the tumbler (page 11) wherein the second point is at a top of the converter base (page 11).
Regarding claim 17, NPL Kickstarter teaches all of the claim limitations of claim 1, as shown above. Furthermore, NPL Kickstarter teaches the base end is a closed base end (page 8).
Regarding claim 4, NPL Kickstarter teaches all of the claim limitations of claim 17, as shown above. Furthermore, NPL Kickstarter teaches a first inward ledge of the two or more inward ledges is configured to support a base of a first-shaped beverage container (pages 6-8), and wherein a perimeter around the closed base end is configured to support a base of a third- shaped beverage container (pages 6-8).
Regarding claim 5, NPL Kickstarter teaches all of the claim limitations of claim 4, as shown above. Furthermore, NPL Kickstarter teaches the perimeter has a first diameter of the three or more different diameters (page 8), wherein the first inward ledge has a second diameter of the three or more different diameters, and wherein the second diameter is larger than the first diameter (page 8).
Regarding claim 6, NPL Kickstarter teaches all of the claim limitations of claim 17, as shown above. Furthermore, NPL Kickstarter teaches the at least one internal feature is defined by a narrowing diameter (page 8: as you move down the internal wall of the converter base, the internal features narrow producing smaller diameters).
Regarding claim 7, NPL Kickstarter teaches all of the claim limitations of claim 17, as shown above. Furthermore, NPL Kickstarter teaches the converter base having a cooling feature (page 8).
Regarding claim 8, NPL Kickstarter teaches all of the claim limitations of claim 7, as shown above. Furthermore, NPL Kickstarter teaches the cooling feature is positioned in a lower compartment (page 8).
Regarding claim 9, NPL Kickstarter teaches all of the claim limitations of claim 7, as shown above. Furthermore, NPL Kickstarter teaches the cooling feature is configured to be frozen in order to cool a beverage held by the converter base (page 8).
Regarding claim 11, NPL Kickstarter teaches a method for using the system of claim 1, comprising: positioning the converter base into the tumbler (page 4); positioning a beverage container within the converter base (page 6); and positioning a beverage securing lid over the beverage container (page 3/6).
Regarding claim 12, NPL Kickstarter teaches all of the claim limitations of claim 11, as shown above. Furthermore, NPL Kickstarter teaches before positioning the converter base into the tumbler, cooling or freezing the converter base (page 8).
Regarding claim 13, NPL Kickstarter teaches a tumbler system (page 1) comprising:(a) a tumbler (page 1, 2 and 5) configured to separately receive a plurality of beverage containers including a first beverage container of a first size and a second beverage container of a second size (page 6)); and (b) a converter base (page 8) configured to be positioned in and removed from a bottom portion of the tumbler (page 4), the converter base including a surface configured to space the first beverage container away from the bottom portion the surface (page 8: labeled internal feature) comprising two or more inward ledges (page 8) defining three or more different diameters (page 8) to separately support the plurality of beverage containers (page 6 and 7), and the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler to a second point that is below a top of the tumbler (page 11) wherein the second point is at a top of the converter base (page 11).
Regarding claim 14, NPL Kickstarter teaches all of the claim limitations of claim 13, as shown above. Furthermore, NPL Kickstarter teaches a cover (page 3), the cover including an opening (page 3) through which at least one of the first beverage container and the second beverage container can pass (page 5 and 6).
Regarding claim 15, NPL Kickstarter teaches all of the claim limitations of claim 14, as shown above. Furthermore, NPL Kickstarter teaches at least an external surface of the converter base has a cylindrical shape and is sized to be received in the bottom portion of the tumbler (page 8).
Regarding claim 16, NPL Kickstarter teaches all of the claim limitations of claim 15, as shown above. Furthermore, NPL Kickstarter teaches the tumbler system is configured such that the first beverage container rests on the surface when the converter base is positioned in the bottom portion of the tumbler and the first beverage container is received in the tumbler (page 6-8).
Regarding claim 18, NPL Kickstarter teaches all of the claim limitations of claim 13, as shown above. Furthermore, NPL Kickstarter teaches a beverage securing lid (page 3 and 6).
Regarding claim 19, NPL Kickstarter teaches all of the claim limitations of claim 1, as shown above. Furthermore, NPL Kickstarter teaches wherein the converter base, when positioned in the tumbler, extends from the first point to the second point that is below a third point along a length of the tumbler that is closer to the bottom of the tumbler than the top of the tumbler (page 12 and 15).
Claim Rejections - 35 USC § 103
Claims 7-9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Gu et al. (US 20220177217), as applied to claim 17 above, and further in view of Gordon et al. (US 4,383,422).
Regarding claim 7, Gu teaches all of the claim limitations of claim 17, as shown above.
Gu does not explicitly teach a cooling feature. However, Gordon does teach a cooling feature (figure 4, reference 32 and column 4, lines 1-10).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the converter base of Gu to include a cooling feature, as disclosed by Gordon, because including the cooling feature allows for cooling of the beverage can within the container, as disclosed by Gordon (column 4, lines 7-10).
Regarding claim 8, Gu, in view of Gordon, teach all of the claim limitations of claim 7, as shown above. Furthermore, Gordon teaches the cooling feature is positioned in a lower compartment (figure 4, reference 32 and column 4, lines 1-4).
Regarding claim 9, Gu, in view of Gordon, teach all of the claim limitations of claim 7, as shown above. Furthermore, Gordon teaches the cooling feature is configured to be frozen in order to cool a beverage held by the converter base (column 4, lines 7-10).
Regarding claim 12, Gu teaches all of the claim limitations of claim 11, as shown above.
Gu does not explicitly teach before positioning the converter base into the tumbler, cooling or freezing the converter base. However, Gordon does teach cooling or freezing the converter base (column 4, lines 7-10).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Gu to include before positioning the converter base into the tumbler, cooling or freezing the converter base, as disclosed by Gordon, because cooling or freezing the converter base allows for cooling the beverage container within the converter base, as explained by Gordon (column 4, lines 7-10).
Claims 7-9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Gu et al. (US 11,844,449), as applied to claim 17 above, and further in view of Gordon et al. (US 4,383,422).
Regarding claim 7, Gu teaches all of the claim limitations of claim 17, as shown above.
Gu does not explicitly teach a cooling feature. However, Gordon does teach a cooling feature (figure 4, reference 32 and column 4, lines 1-10).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the converter base of Gu to include a cooling feature, as disclosed by Gordon, because including the cooling feature allows for cooling of the beverage can within the container, as disclosed by Gordon (column 4, lines 7-10).
Regarding claim 8, Gu, in view of Gordon, teach all of the claim limitations of claim 7, as shown above. Furthermore, Gordon teaches the cooling feature is positioned in a lower compartment (figure 4, reference 32 and column 4, lines 1-4).
Regarding claim 9, Gu, in view of Gordon, teach all of the claim limitations of claim 7, as shown above. Furthermore, Gordon teaches the cooling feature is configured to be frozen in order to cool a beverage held by the converter base (column 4, lines 7-10).
Regarding claim 12, Gu teaches all of the claim limitations of claim 11, as shown above.
Gu does not explicitly teach before positioning the converter base into the tumbler, cooling or freezing the converter base. However, Gordon does teach cooling or freezing the converter base (column 4, lines 7-10).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Gu to include before positioning the converter base into the tumbler, cooling or freezing the converter base, as disclosed by Gordon, because cooling or freezing the converter base allows for cooling the beverage container within the converter base, as explained by Gordon (column 4, lines 7-10).
Claims 1, 4-9, 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Gordon et al. (US 4,383,422), in view of Borah (US 2,963,256).
Regarding claim 1, Gordon teaches a system (figure 1 and 4, reference 10: the embodiment used for the rejection is the embodiment represented by figure 4. Any reference to figure 1 is only used for portions not shown in figure 4 but part of the embodiment nonetheless) comprising: a tumbler (figure 1 and 4, reference 10); and a converter base (figure 4, reference 32) positionable in the tumbler (figure 4), the converter base comprising: a top end (figure 4, top of reference 32), a base end (figure 4, bottom of reference 32), wherein the converter base is configured to be removed from the tumbler (figure 4, reference 32 and column 5, lines 53-64) and wherein the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler (figure 4, bottom of reference 32) to a second point (figure 4, top of reference 32) that is below a top of the tumbler (figure 1 and 4, near reference 38), wherein the second point is at a top of the converter base (figure 4, top of reference 32).
Gordon does not explicitly teach the converter base comprising: an open top end and at least one internal feature that allows the converter base to receive differently-shaped beverage containers, the at least one internal feature comprising two or more inward ledges; defining three or more different diameters to support the differently-shaped beverage containers, wherein the converter base is configured to be removed from the tumbler. However, Borah does teach the converter base (figure 4, reference 12) comprising: an open top end (figure 4, opening around reference 52) and at least one internal feature that allows the converter base to receive differently-shaped beverage containers (figure 4, reference 46, 44), the at least one internal feature comprising two or more inward ledges (figure 4, reference 46, 44); defining three or more different diameters (figure 4: diameter across 52, diameter across 50 and diameter across 48) to support the differently-shaped beverage containers (figure 4, reference 54 and column 1, lines 33-35).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the tumbler system of Gordon to include the converter base comprising: an open top end and at least one internal feature that allows the converter base to receive differently-shaped beverage containers, the at least one internal feature comprising two or more inward ledges; defining three or more different diameters to support the differently-shaped beverage containers, wherein the converter base is configured to be removed from the tumbler, as disclosed by Borah because including the converter base comprising: an open top end and at least one internal feature that allows the converter base to receive differently-shaped beverage containers, the at least one internal feature comprising two or more inward ledges; defining three or more different diameters to support the differently-shaped beverage containers, wherein the converter base is configured to be removed from the tumbler allows for gripping various sized containers by height or width, as explained by Borah (column 1, lines 33-35).
Regarding claim 17, Gordon, in view of Borah, teach all of the claim limitations of claim 1, as shown above. Furthermore, Borah teaches the base end is a closed base end (figure 4, reference 18).
Regarding claim 4, Gordon, in view of Borah, teach all of the claim limitations of claim 17, as shown above. Furthermore, Borah teaches a first inward ledge of the two or more inward ledges is configured to support a base of a first-shaped beverage container (figure 4, reference 46 and column 3, lines 2-5), and wherein a perimeter around the closed base end is configured to support a base of a third- shaped beverage container (figure 4, reference 42).
Regarding claim 5, Gordon, in view of Borah, teach all of the claim limitations of claim 4, as shown above. Furthermore, Borah teaches the perimeter has a first diameter of the three or more different diameters (figure 4, diameter across 48), wherein the first inward ledge has a second diameter of the three or more different diameters (figure 4, diameter across 52), and wherein the second diameter is larger than the first diameter (figure 4).
Regarding claim 6, Gordon, in view of Borah, teach all of the claim limitations of claim 17, as shown above. Furthermore, Borah teaches the at least one internal feature is defined by a narrowing diameter (figure 4: as you move down the internal wall of the converter base, the internal features narrow producing smaller diameters).
Regarding claim 7, Gordon, in view of Borah, teach all of the claim limitations of claim 17, as shown above. Furthermore, Gordon teaches a cooling feature (figure 4, reference 32 and column 4, lines 1-10).
Regarding claim 8, Gordon, in view of Borah, teach all of the claim limitations of claim 7, as shown above. Furthermore, Gordon teaches the cooling feature is positioned in a lower compartment (figure 4, reference 32 and column 4, lines 1-4).
Regarding claim 9, Gordon, in view of Borah, teach all of the claim limitations of claim 7, as shown above. Furthermore, Gordon teaches the cooling feature is configured to be frozen in order to cool a beverage held by the converter base (column 4, lines 7-10).
Regarding claim 11, Gordon, in view of Borah, teach all of the claim limitations of claim 1, as shown above. Furthermore, Gordon teaches positioning the converter base (figure 4, reference 32) into the tumbler (figure 1 and 4, reference 10); positioning a beverage container within the converter base (figure 4, reference 12); and positioning a beverage securing lid over the beverage container (figure 1, reference 38).
Regarding claim 12, Gordon, in view of Borah, teach all of the claim limitations of claim 11, as shown above. Furthermore, Gordon teaches cooling or freezing the converter base (column 4, lines 7-10).
Regarding claim 13, Gordon teaches a tumbler system (figure 1 and 4, reference 10: the embodiment used for the rejection is the embodiment represented by figure 4. Any reference to figure 1 is only used for portions not shown in figure 4 but part of the embodiment nonetheless) comprising:(a) a tumbler (figure 1 and 4, reference 10) configured to separately receive a plurality of beverage containers including a first beverage container of a first size and a second beverage container of a second size (figure 1 and 4, reference 12: the tumbler is capable of receiving a plurality of different beverage containers of various sizes via height); and (b) a converter base (figure 4, reference 32) configured to be positioned in and removed from a bottom portion of the tumbler (figure 4, reference 32 and column 5, lines 53-64), and the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler (figure 4, bottom of reference 32) to a second point that is below a top of the tumbler (figure 4, top of reference 32) wherein the second point is at a top of the converter base (figure 3 and 1, top of reference 32).
Gordon does not explicitly teach the converter base including a surface configured to space the first beverage container away from the bottom portion the surface comprising two or more inward ledges defining three or more different diameters to separately support the plurality of beverage containers. However, Borah does teach the converter base including a surface (figure 2, reference 46, 44) configured to space the first beverage container away from the bottom portion the surface (figure 2, reference 46, 44 and 54) comprising two or more inward ledges (figure 2, reference 46, 44) defining three or more different diameters (figure 2: diameter across 52, diameter across 50 and diameter across 48) to separately support the plurality of beverage containers (figure 2, reference 54 and column 1, lines 33-35).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the tumbler system of Gordon to include the converter base including a surface configured to space the first beverage container away from the bottom portion the surface comprising two or more inward ledges defining three or more different diameters to separately support the plurality of beverage containers, as disclosed by Borah because including the converter base including a surface configured to space the first beverage container away from the bottom portion the surface comprising two or more inward ledges defining three or more different diameters to separately support the plurality of beverage containers allows for gripping various sized containers by height or width, as explained by Borah (column 1, lines 33-35)
Regarding claim 14, Gordon, in view of Borah, teach all of the claim limitations of claim 13, as shown above. Furthermore, Gordon teaches a cover (figure 1, reference 38), the cover including an opening (figure 2, reference 46) through which at least one of the first beverage container and the second beverage container can pass (figure 1, reference 12).
Regarding claim 15, Gordon, in view of Borah, teach all of the claim limitations of claim 14, as shown above. Furthermore, Gordon teaches at least an external surface of the converter base has a cylindrical shape (figure 4, reference 32) and is sized to be received in the bottom portion of the tumbler (figure 4, reference 32).
Regarding claim 16, Gordon, in view of Borah, teach all of the claim limitations of claim 15, as shown above. Furthermore, Gordon teaches the tumbler system is configured such that the first beverage container rests on the surface when the converter base is positioned in the bottom portion of the tumbler and the first beverage container is received in the tumbler (figure 4, reference 32).
Regarding claim 17, Gordon, in view of Borah, teach all of the claim limitations of claim 1, as shown above. Furthermore, Gordon teaches wherein the base end is a closed base end (figure 4, bottom of reference 32).
Regarding claim 18, Gordon, in view of Borah, teach all of the claim limitations of claim 13, as shown above. Furthermore, Gordon teaches a beverage securing lid (figure 1, reference 38).
Regarding claim 19, Gordon, in view of Borah, teach all of the claim limitations of claim 1, as shown above. Furthermore, modified Gordon teaches wherein the converter base, when positioned in the tumbler, extends from the first point (figure 4, bottom of reference 32) to the second point (figure 4, top of reference 32) that is below a third point along a length of the tumbler that is closer to the bottom of the tumbler than the top of the tumbler (figure 4, as shown in the annotated figure below).
PNG
media_image3.png
306
456
media_image3.png
Greyscale
Response to Arguments
Applicant's arguments filed 23 September 2025 have been fully considered but they are not persuasive.
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
As an initial matter, any arguments referencing the declaration under 37 C.F.R. 1.130(a) pertaining to Gu (US 20220177217) not being prior art have already been previously responded to in the non-final office action, mailed 4 November 2024, and in the Examiner’s answer to appeal brief, mailed 11 April 2025. Therefore, the response to these arguments will not be repeated here.
Regarding claims 1, 4-6, 11 and 13-19, with respect to Gu (US 20220177217), applicant states “Applicant continues to assert, based on the previously filed declaration, which is updated and resubmitted with this paper, that Gu cannot be used as prior art to form a rejection of the pending claims. Nonetheless, and solely in the interest of expediting prosecution, Applicant amends the claims as included herein. Applicant respectfully submits that the amended claims are patentable over Gu. For example, independent claim 1 is amended to recite inter alia "the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler to a second point that is below a top of the tumbler, wherein the second point is at a top of the converter base." Applicant respectfully submits that Gu does not disclose or make obvious "the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler to a second point that is below a top of the tumbler, wherein the second point is at a top of the converter base," as in amended claim 1. For example, Gu's FIG. 1 (annotated and produced below) clearly shows the top of an insert extending past the top of the tumbler. Thus, amended claim 1 and its dependent claims are patentable over Gu. Independent claim 13 is amended to include the same or similar features as amended claim 1, and amended claim 13 and its dependent claims are also patentable over Gu for at least the same reasons as amended claim 1 and its dependent claims”. Examiner respectfully disagrees. As stated above, Gu teaches two alternatives to disclosing the claimed subject matter of claim 1 and 13. In the first interpretation, since the cover 16 is part of the tumbler and the cover 16 extends beyond the upper end 42 of the converter base 14 along a top 58, the limitation is disclosed. In the other interpretation, the converter base extends from a first point near 18 to a second point 50 which is below the top of the tumbler 22 with ledge 50 incorporating a top surface which is a top of the converter base. Since the limitation is disclosed in both alternatives, the claim limitations is met and the claims remain rejected in view of Gu ‘217).
Regarding claims 1, 4-6, 11 and 13-19, with respect to Gu (US 11,844,449), applicant states “Applicant submits an updated declaration showing that, along with the disclosure of Gu, the disclosure of Gu '449 was provided to the inventor of Gu '449 by a joint inventor of the present application. For example, paragraph 10 of the updated declaration states that "[a]s shown above, I was asking George Gu to make the converter 'font [sic. - fit] in a standard 20oz tumbler.' As also shown above, the converter has an open top end, a base end, and at least one internal feature that allows the converter base to receive differently-shaped beverage containers, the at least one internal feature including two or more inward ledges defining three or more different diameters to support the differently-shaped beverage containers." Applicant respectfully submits that the updated declaration clearly shows that the disclosure of Gu '449 was provided to the inventor of Gu '449 by a joint inventor of the present application. Accordingly, Applicant respectfully submits that Gu '449 cannot be used to form a prior art rejection against the claims of the present application”. Examiner respectfully disagrees. As an initial matter, when applicant states “Applicant submits an updated declaration”, examiner assumes that the applicant is referring to the declaration received 8/6/2024. With that said, the response to the declaration which were responded to in both the non-final office action, mailed 4 November 2024, and in the Examiner’s answer to appeal brief, mailed 11 April 2025, directed towards Gu ‘217 also apply to Gu ‘449 since the declaration was considered insufficient for the reasons set forth in the examiners answer mailed 4/11/2025 and the non-final office action mailed 11/4/2024. Without further evidence, the arguments in the declaration are still considered unpersuasive with respect to either Gu references cited as prior art.
Regarding claims 1, 4-9 and 11-19, with respect to "NPL Kickstarter Tumbler Buddy" (16 June 2021) and "NPL Amazon Tumbler Buddy" (17 May 2021), applicant states “Applicant submits that the cited NPLs do not predate the effective priority date of the present application. For example, the present application claims priority to application number 29/756,790, filed on October 30, 2020, which is an enabling disclosure of the claimed invention. Since the present application claims priority to application number 29/756,790, the present application's effective filing date is October 30, 2020. Application number 29/756,790 is an enabling disclosure of the present application since application number 29/756,790 discloses each portion of amended claim 1. For example, application number 29/756,790 shows "an open top end," (FIG. 1 of application number 29/756,790) "a base end that is approximately flat," (FIG. 2 of application number 29/756,790) "at least one internal feature that allows the converter base to receive differently-shaped beverage containers," (FIGS. 1 and 7-8 of application number 29/756,790) "the at least one internal feature comprising two or more inward ledges-defining three or more different diameters to support the differently-shaped beverage containers," (FIGS. 3 and Page 7 of 13 7-8) of application number 29/756,790) and "wherein the converter base is configured to be removed from the tumbler, and wherein the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler to a second point that is below a top of the tumbler, wherein the second point is at a top of the converter base." (FIGS. 1-3 and 6-8 of application number 29/756,790) Thus, since the present application successfully claimed priority to an enabling disclosure (application number 29/756,790) of the claimed invention, the effective priority date is October 30, 2025, and the cited NPLs cannot be used as prior art to form a rejection of the claims in the present application”. Examiner respectfully disagrees. As stated in the final office action, mailed 5/14/2024 and copied below for convenience:
“Although original claim 1, filed 2 June 2022, may have claimed priority to October 30, 2020, currently pending claims 1 and 13, filed 30 April 2024, do not receive the same priority date since the claimed subject matter of “the at least one internal feature comprising two or more inward ledges defining three or more different diameters to support the differently-shaped beverage containers” is not shown or disclosed in any of the previously filed design applications. Therefore, claims 1 and 13, as currently filed (and by dependency, claims 4-9, 11, 12 and 14-18), filed 30 April 2024, have an effective filing date of June 2, 2022”. This response is still relevant to the current cited prior art of record since the same claim limitation shown above is still present in the current claims filed 23 September 2025. Therefore, the NPL cited is still considered prior art.
Regarding claims 7-9 and 12 with reference to Gu ‘217 in view of Gordon ‘422, applicant states “As discussed above, the claims are patentable over Gu since Gu is not prior art. Even if Gu is prior art, which Applicant expressly does not concede, Applicant submits that Gordon does not remedy the deficiencies of Gu discussed above at least since Gordon is also silent at least to "the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler to a second point that is below a top of the tumbler, wherein the second point is at a top of the converter base." Thus, the claims are patentable over the combination of Gu and Gordon”. Examiner respectfully disagrees. As stated in the rejection above, Gu ‘217 discloses the claim limitation of “the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler to a second point that is below a top of the tumbler, wherein the second point is at a top of the converter base”. Therefore, claims 7-9 and 12 remain rejected in view of the prior art.
Regarding claims 7-9 and 12 with reference to Gu ‘449 in view of Gordon ‘422, applicant states “As discussed above, the claims are patentable over Gu '449 since Gu '449 is not prior art to the present application. Thus, the claims are patentable over the combination of Gu '449 and Gordon”. Examiner respectfully disagrees. As stated in the rejection above, Gu ‘449 is prior art and thus claims 7-9 and 12 remain rejected in view of the prior art.
Regarding claims 1, 4-9 and 11-19 in view of Gordon ‘422 in view of Borah ‘256, applicant states “As discussed above, the claims are patentable over Borah. Applicant submits that Gordon does not remedy the deficiencies of Borah discussed above at least since Gordon is also silent at least to "the converter base, when positioned in the tumbler, extends from a first point adjacent to a bottom of the tumbler to a second point that is below a top of the tumbler, wherein the second point is at a top of the converter base." Thus, the claims are patentable over the combination of Borah and Gordon”. Examiner respectfully disagrees. As shown in the rejection above, the prior art does disclose all of the claim limitations of claims 1, 4-9 and 11-19. Therefore, the claims remain rejected.
Since the prior art discloses the claim limitation of the pending claims, the claims remain rejected.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAVIER A PAGAN whose telephone number is (571)270-7719. The examiner can normally be reached Monday - Thursday: 6:30am-4:30pm.
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, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAVIER A PAGAN/Primary Examiner, Art Unit 3735