DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lukacevic (US-20020011494- A1).
Lukacevic a lid (8) for a cup having a lip and containing a liquid, the lid comprising: an annular groove (at 36) for attaching the lid to the lip of the cup; an annular wall (12) extending above the annular groove; a substantially circular top surface (10) above the annular wall, wherein the wall and top surface define an inner space within the lid (Fig. 2), and wherein the wall and the top surface are configured to retain the liquid in the cup and to allow drinking of the liquid, the top surface further including: a substantially cylindrical depression (around 11); an annular rim portion substantially surrounding the depression, the rim portion including a hole (14) for the drinking of the liquid (Fig. 1), wherein the wall, rim portion, and the depression define, within the inner space of the lid, an edge channel (18) extending annularly around at least a portion of the lid, and wherein the edge channel is in communication with the drinking hole; and an arcuate barrier (20) under the edge channel, the arcuate barrier defining two ends (at 60, 62) that curve downwardly to form two inlets (21, 22), each with a curved lower perimeter, to the edge channel (Fig. 2), and further wherein the arcuate barrier and the edge channel define a closed conduit for the liquid exiting the cup from the inlets to the drinking hole (pars. 0043-0046).
Response to Arguments
Applicant’s arguments with respect to claim(s) 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733