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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a cup lid mechanism”, “a filter mechanism”, “a bracket mechanism”, “a heating mechanism”, “a pumping mechanism” and “a control mechanism” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. As noticed in paragraph 0021, the cup lid mechanism comprises a cup lid, a bottom cover plate, a cup mouth sealing ring, a filter sealing ring, a press switch component, a safety lock component and a water retaining cover component. As noticed in paragraph 0025, the filter screen mechanism comprises a supporting bucket and a filter screen. As noticed in paragraph 0026, the bracket mechanism comprises a plastic shell, a stainless steel shell, a handle, a lower mounting bracket, an upper mounting bracket, a battery transmission sheet, a battery bottom cover and a battery transmission bracket. As noticed in paragraph 0027, the heating mechanism comprises a heater, a conductor and a first control PCBA board. As noticed in paragraph 0028, the pumping mechanism comprises a filter piece, a drain pipe, a water pump and a silicone pumping pipe. As noticed paragraph 0029, the control mechanism comprises a display screen, a key and a second control PCBA board.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, line 10, the limitation “an L-type slot” is unclear if it is referring to the L type slot recited in line 8, or a different L-type slot.
Claims 2-10 are rejected due to their dependency from claim 1.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
LIU (CN 113491444) teaches a vehicle portable coffee cup (abstract; p.0014; Fig. 1), comprising: a cup body (1); wherein a stainless steel plate (12, 13) is movable inserted in a lower part of the stainless steel cup body (as shown in Fig. 2 and 3), a ring (2) is arranged on an upper part of the stainless steel cup body (as shown in Fig. 2 and 3), an upper end of the cup body is connected to two articulated blocks (the articulated blocks are fixed to the cup cover 4; as shown in Fig. 2), and the upper end of the cup body is provided with an lock (as shown in Fig. 1 and 2); a cup lid mechanism (4) is rotated between the two articulated blocks by a rotating shaft (as shown in Fig. 2), and the cup lid mechanism is connected to the lock to seal the upper part of the cup body (as shown in Fig. 1 and 2); a hole is arranged on the cup lid mechanism (as shown in Fig. 4 below); a filter mechanism (3) is arranged in the stainless steel cup body, and the filter mechanism is used to place coffee powder (para. 0019; 0021; 0032); a bracket mechanism (body of hot water tank assembly 5) is arranged on the lower portion of the cup body (as shown in Fig. 1-4); a heating mechanism (part of hot water tank assembly 5) is arranged on the bracket mechanism (as shown in Fig. 1-4), and the heating mechanism is used to heat water inside the cup body (para. 0031-0032); an outlet pipe (7) is arranged on the cup body (as shown in Fig. 2-4); a control mechanism (6) is arranged on a lower part of the bracket mechanism (as shown in Fig. 1-4). [AltContent: arrow][AltContent: textbox (Hole)]
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LIU fails to disclose wherein the cup body is made of stainless steel; wherein the upper end of the stainless steel plate is fixedly connected to a silicone seal; wherein the ring is made of a plastic; wherein the upper end of the plastic ring is fixedly connected to two articulated blocks, and the upper end of the plastic ring is provided with an L-type slot; an arc hole is arranged on the cup lid mechanism; a bracket mechanism is arranged on the plastic ring; a pumping mechanism is arranged on the bracket mechanism, and the pumping mechanism is used to extract the water inside the stainless steel cup body; a silicone outlet pipe is arranged on the cup lid mechanism, and one end of the silicone outlet pipe is connected to the pumping mechanism; a plug-in hole is arranged on a plastic shell; and a battery is arranged on the bracket mechanism.
HE (CN 212326163) teaches a vehicle portable coffee cup (abstract; Fig. 1), comprising: a stainless steel cup body (1 and 31); a plastic ring (32) is arranged on an upper part of the stainless steel cup body (as shown in Fig. 2 and 3), a cup lid mechanism (2) is rotated between the two articulated blocks by a rotating shaft, an upper end of the plastic ring is provided with threads and the cup lid mechanism is connected to threads to seal the upper part of the stainless steel cup body (as shown in Fig. 1 and 3); a hole is arranged on the cup lid mechanism (inherently present to drink the coffee by opening the small lid provided in cup cover 2; as shown in Fig. 1-2); a filter mechanism (43) is arranged in the stainless steel cup body (as shown in Fig. 2 and 3), and the filter mechanism is used to place coffee powder (para. 0031; 0036; 0048-0049); a heating mechanism is arranged on the bracket mechanism, and the heating mechanism is used to heat water inside the stainless steel cup body; a pumping mechanism (6) is arranged on the cup body (as shown in Fig. 3), and the pumping mechanism is used to extract the water inside the stainless steel cup body (para. 0035; 0041; 0044); an outlet pipe (7) is arranged on the cup lid mechanism (by upper connector 321), and one end of the outlet pipe is connected to the pumping mechanism (as shown in Fig. 3); a control mechanism (11) is arranged on the cup body (as shown in Fig. 3); a plug-in hole is arranged on the cup body (1; para. 0047-0049); and a battery (16) is arranged on the cup body (as shown in Fig. 3).
It would have been prima facie obvious to one of ordinary skill in the
art before the effective filing date of the claimed invention to have modifies the portable coffee cup of LIU, with HE, by providing a stainless steel cup body for durability and insulation, the ring made of plastic for insulation purposes, a L-type slot for lid locking as a design choice, the hole in arc shape as a design choice, a pumping mechanism for better water flow control, the outlet pipe made of silicone for flexibility, durability and heat resistance, a plug-in hole arranged on a plastic shell for providing power to the coffee cup but able to disconnect the power cable for storage, and a battery to have the alternative to heat the coffee without needing to plug it in to a fixed power source.
Allowance of claims 1-10 is indicated because the prior art of record does not show or fairly suggest a vehicle portable coffee cup wherein an upper end of the stainless steel plate is fixedly connected to a silicone seal; a bracket mechanism is arranged on the stainless steel cup body and the plastic ring; wherein in the heat mechanism is arranged in the bracket mechanism, wherein the pumping mechanism is arranged on the bracket mechanism, and wherein the control mechanism is arranged on the bracket mechanism, as recited in claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0061577, US 2019/0343320 and US 2002/0175158.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
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/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761
07/26/2026
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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