OFFICE ACTION after ELECTION
This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application:
Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774.
Telephone inquiries regarding this application should be directed to the Electronic Business Center (EBC) at http://www.uspto.gov/ebc/index.html or 1-866-217-9197 or to the Examiner at (571) 272-1139. All official facsimiles should be transmitted to the centralized fax receiving number (571)-273-8300.
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 .
Election/Restriction Requirement
A requirement for restriction is made pursuant to 37 CFR §§1.141, 1.142 reproduced below:
§ 1.141 Different inventions in one national application.
(a) Two or more independent and distinct inventions may not be claimed in one national application, except that more than one species of an invention, not to exceed a reasonable number, may be specifically claimed in different claims in one national application, provided the application also includes an allowable claim generic to all the claimed species and all the claims to species in excess of one are written in dependent form (§ 1.75) or otherwise include all the limitations of the generic claim.
(b) Where claims to all three categories, product, process of making, and process of use, are included in a national application, a three-way requirement for restriction can only be made where the process of making is distinct from the product. If the process of making and the product are not distinct, the process of using may be joined with the claims directed to the product and the process of making the product even though a showing of distinctness between the product and process of using the product can be made.
§ 1.142 Requirement for restriction.
(a) If two or more independent and distinct inventions are claimed in a single application, the examiner in an Office action will require the applicant in the reply to that action to elect an invention to which the claims will be restricted, this official action being called a requirement for restriction (also known as a requirement for division). Such requirement will normally be made before any action on the merits; however, it may be made at any time before final action.
(b) Claims to the invention or inventions not elected, if not canceled, are nevertheless withdrawn from further consideration by the examiner by the election, subject however to reinstatement in the event the requirement for restriction is withdrawn or overruled.
To expedite prosecution, Applicant phoned on 3 DEC 2025 to elect the method claims 11-20 without traverse. Claims 1-10 are thereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention (container), there being no allowable generic or linking claim. Election was made without traverse on 3 DEC 2025. Elected claims 11-20 are treated on the merits.
This application also presents patentably distinct Species. Although all the elected claims are being treated on the merits in this office action, the examiner reserves the right to require a revised restriction/election of species requirement at a later time if the prosecution warrants such action. See MPEP 811 and 37 CFR 1.142(a).
Drawings
The drawings are objected to under 37 CFR § 1.84 in view of the following deficiencies that require correction:
The drawings Figures 1-7E filed 10 MAY 2023 are objected to as incorporating a form of shading that does not aid in understanding the invention and reduces legibility of the elements forming the invention - 37 CFR 1.84(m). Proper line drawings that comply with 37 CFR 1.84 are required. See 37 CFR 1.84(l): All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black, sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views.
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Applicant should review the specification and drawing Figures to ensure a proper one-to-one correspondence between the specification and drawings in accordance with MPEP 608.01(g) and 37 CFR 1.84(f). The brief description of the drawings and the descriptive portion of the specification may require revision in accordance with any drawing objections listed herein or those noticed by Applicant during said review.
From MPEP 608.01(g): The reference characters must be properly applied, no single reference character being used for two different parts or for a given part and a modification of such part. See 37 CFR 1.84(p). Every feature specified in the claims must be illustrated, but there should be no superfluous illustrations.
INFORMATION ON HOW TO EFFECT DRAWING CHANGES
Replacement Drawing Sheets
Drawing changes must be made by presenting replacement figures which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments, or remarks, section of the amendment. Any replacement drawing sheet must be identified in the top margin as “Replacement Sheet” (37 CFR 1.121(d)) and include all of the figures appearing on the immediate prior version of the sheet, even though only one figure may be amended. The figure or figure number of the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and centered within the top margin.
Annotated Drawing Sheets
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheets must be clearly labeled as “Annotated Marked-up Drawings” and accompany the replacement sheets.
Timing of Corrections
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The Abstract of the Disclosure is objected to because:
a. the inclusion of legal phraseology such as "means" in the abstract is improper.
Correction is required. See MPEP § 608.01(b).
The title is acceptable.
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 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 terms used in this respect are given their broadest reasonable interpretation in their ordinary usage in context as they would be understood by one of ordinary skill in the art, in light of the written description in the specification, including the drawings, without reading into the claim any disclosed limitation or particular embodiment. See, e.g., In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004); In re Hyatt, 211 F.3d 1367, 1372 (Fed. Cir. 2000); In re Morris, 127 F.3d 1048, 1054-55 (Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321-22 (Fed. Cir. 1989).
The Examiner interprets claims as broadly as reasonable in view of the specification, but does not read limitations from the specification into a claim. Elekta Instr. S.A.v.O.U.R. Sci. Int'l, Inc., 214 F.3d 1302, 1307 (Fed. Cir. 2000). "A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference." Verdegaal Bros. Inc. v. Union Oil Co. of California, 814 F.2d 628, 631 (Fed. Cir. 1987).
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995) (affirmed a 35 U.S.C. 103 rejection based in part on inherent disclosure in one of the references). See also In re Grasselli, 713 F.2d 731, 739, 218 USPQ 769, 775 (Fed. Cir. 1983). See MPEP 2112.
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.
Elected claims 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LIZERBRAM et al. (US 6705491 B1) that discloses a method of making a container for dispensing a liquid mixture, comprising: forming an opening 37, 37’, 37”, or 37’’’ and/or 50, 50’, 50”, or 50’’’ in an end of the container 30 and/or 40 opposite to another upper end 58 of the container; attaching the end to a vessel 24; and forming a movable surface 48, 48’, 48”, 48’’’, wherein the movable surface is configured to be adjacent to the end, and wherein the movable surface 48 adjusts the openness of the opening 37, 37’, 37”, or 37’’’ and/or 50, 50’, 50”, or 50’’’ to control an amount of material passing through therefrom (col. 5, lines 48-52 and col. 6, lines 4-9); forming another opening 54 in the another end 58 of the container; securing the end 58 to at least one of a mechanical device 59, an electrical device, a tool, or an appliance; forming a dispensing surface 48 extending at a nonzero angle (such angle is not referenced to any respective axis, surface, or plane, thus when the device of LIZERBRAM et al. is tilted from the vertical, the surface 48 will be disposed at a non-zero angle to the horizontal plane) between the ends, wherein the dispensing surface 48 is configured to cover a portion of the end and a portion of an interior surface of the container (col. 5, lines 8-52 and col. 6, lines 4-9); disposing the material in the container and disposing a liquid in the vessel, wherein the material is a soluble material, and wherein the liquid and the soluble material are configured to be separate from each other until the first opening is adjusted (col. 1, lines 45-51; col. 2, lines 36-39; col. 5, line 53 - col. 6, line 9); processing the material being dispensed into the vessel to at least liquefy, chop, puree, mix, shredded, crush, ground, or blend the material (col. 2, lines 2-6 and col. 3, lines 19-24);
and a method of using a container for dispensing a liquid mixture, comprising: attaching a lower end of the container 30 and/or 40 to a vessel 24, wherein the end comprises an opening 37, 37’, 37”, or 37’’’ and/or 50, 50’, 50”, or 50’’’ configured to be adjustable to control an amount of a soluble material passing through therefrom; moving a movable surface 48, 48’, 48”, 48’’’ adjacent to the end to adjust the openness of the opening 37, 37’, 37”, or 37’’’ and/or 50, 50’, 50”, or 50’’’ to control the amount of the soluble material passing through therefrom; and wherein movement of the movable surface 48, 48’, 48”, 48’’’ to increase/adjust the openness of the opening 37, 37’, 37”, or 37’’’ and/or 50, 50’, 50”, or 50’’’ and dispenses the soluble material positioned above the opening into the vessel 24 (col. 1, lines 45-51; col. 2, lines 36-39; col. 5, line 8 - col. 6, line 9); wherein the vessel 24 is configured to hold a liquid (col. 1, lines 18-26), and wherein the liquid and the soluble material are configured to be separate from each other until the openness of the opening 37, 37’, 37”, or 37’’’ and/or 50, 50’, 50”, or 50’’’ is adjusted (col. 1, lines 45-51; col. 2, lines 36-39; col. 5, line 8 - col. 6, line 9); securing an upper end 58 of the container 30 and/or 40 to at least one of a mechanical device 59, an electrical device, a tool, or an appliance; the upper end 58 being opposite to the lower end and comprising an opening 54; processing the soluble material within at least one of the container or the vessel, using at least one of a mechanical device (such as the internal surfaces of the device), an electrical device, a tool, or an appliance to mix, blend, or make into a puree the soluble material using a liquid inside the vessel 24 (col. 1, lines 45-51; col. 2, lines 36-39; col. 5, line 8 - col. 6, line 12).
More specifically, LIZERBRAM et al. discloses a closure element for a beverage container is in the form of a sports cap, other closer, or initially closed straw, and provides a chamber for containing colorants in the form of liquids, gels, granules, powders, tablets or other solid bodies. Closures such as valves, rupturable membranes, hinged doors, clamps or undersized holes provide closer structure for initially keeping the chambers closed with respect to the colorant so that colorant does not flow into the beverage until released to do so by the customer. Upon opening ends of the chambers, colorants flow into beverages in the containers, which containers are made of see-through/clear or partially see-through materials. In a preferred embodiment, the colorant is a material enclosed in at least one capsule which flows through openings in the chamber within the closure element when the capsule is ruptured or perforated. Coloration of the beverage is voluntarily initiated by the consumer, and the thus colored beverages are then consumed by passage through the closure element. In one embodiment of the invention, the colorant is a medicinal agent which can be colored or may be clear. The medicinal agent is released into liquid, which may be water, for ingestion by a patient.
Self-contained additive reservoirs for use with beverage containers are disclosed, and more particularly the present invention is directed to additive reservoirs wherein the additives are colorants that are disposed in passageways through which beverages in the container are withdrawn for consumption.
In order to enhance the experience of drinking a beverage, additives are added to beverages for many purposes. For example, sugar, sweeteners and/or cream is added to coffee or tea. Flavorings of various sorts are also added to other beverages. Color is a readily apparent characteristic of any beverage and food coloring is frequently added to beverages in order to make them more appealing. Many beverages are clear and would be more marketable if they could be of various colors. Visual stimulation increases the interest in using and consuming food items, but to date that visual stimulation has not been at the discretion of the consumer in a convenient configuration. There are arrangements for providing color additives to beverages, but these arrangements require the consumer to remove a top or cap. None of the arrangements incorporate in a sports-cap, a self-contained colorant reservoir or a colorant cylinder inside of a cap, nor do any arrangements employ a colorant straw with a pouch to provide visual stimulation in a contained beverage. Moreover, mixing techniques currently available are very complicated to use, too costly to produce and employ complicated structures. Consequently, no present marketing item efficiently and cost-effectively allows a coloring agent to be mixed with a clear or neutral beverage for visual entertainment while consuming the beverage. Thus, a self-contained additive reservoir which is configured for attachment to a beverage container for adding to a beverage in the container, additives such as, but not limited to, coloring agents is disclosed. Agents could also include vitamins, minerals or other consumable agents that in some respect enhance the beverage consumed.
A color additive is introduced to a beverage by a customer from a closure element is which is also used as a conduit to consume the beverage. The closure element is configured for attachment to a dispensing opening of the beverage container, the closure element comprising a coupling for attaching the closure element to the dispensing opening of the beverage container.
In the first embodiment, a chamber is positioned within the closure element, the chamber containing a colorant agent and having a first end and a second end. The first end is in communication though the dispensing opening of the beverage container with a beverage within the container, and the second end is configured to dispense the beverage as the beverage passes through the chamber. A first closer is provided for closing the first end of the closure element; and a second closer is provided for closing the second end of the closure element. An opener opens at least the first closer to let the colorant flow therethrough into the beverage, and means is provided for allowing opening of the second closer to dispense the beverage, mixed with the colorant, therethrough to the consumer.
(11) According to a first embodiment of the invention, the closure element is a screw cap having threads which provide a coupling to the dispensing opening of the beverage container. Also according to the first embodiment of the invention, the screw threads are on a first cylindrical member and thread onto the dispensing opening of the beverage container. A chamber initially containing the colorant is in a second cylindrical member mounted on the first cylindrical member. The first closer is comprised of a wall on the first cylindrical member which faces a floor on the second cylindrical member, with both the wall and floor having initially unaligned openings therethrough. The opener is a rotatable connection disposed between the first and second cylindrical members which allows a customer to twist the second cylindrical member with respect to the first cylindrical member to align an opening in the floor of the colorant agent chamber with the opening through the wall of the first cylindrical member. This allows the colorant to flow into the beverage; and with the colorant therein, to flow to the second closer. The second closer is preferably a sports cap valve mounted on the closure element to provide a means for allowing opening of the second closer.
In a further aspect of the invention, the closure element has at least one detent on either the first or second cylindrical member which engages an indentation in the other cylindrical member to temporarily hold the members in a fixed position with respect to one another, until the second cylindrical member is rotated with respect to the first cylindrical member.
In still a further aspect of the invention the closure element, the colorant in the closure element is in the form of a liquid, a gel, granules, powder or a solid body such as a tablet.
In an additional aspect of the invention the colorant chamber is divided into a plurality of compartments wherein the compartments each contain a different colorant.
In another embodiment of the invention, the closure element has a colorant chamber disposed within the screw cap, wherein a first closer seals a bottom end of the chamber adjacent to the beverage within the beverage container, and a second closer seals an outlet end of the chamber, through which outlet end the beverage is consumed. A tube (or drinking straw) is provided for cooperating with the closure, wherein upon inserting the tube through the outlet end of the chamber, the second seal is opened, and upon continuing insertion of the tube through the bottom end of the chamber, the first seal is opened thus allowing colorant in the chamber to flow into the beverage. Upon the tube being immersed therein, the beverage is consumable through the tube.
In a third aspect of the aforementioned embodiment, the tube or drinking straw is coupled to a dispensing opening of a clear beverage pouch by a unitary or integral joint. The tube or drinking straw contains a colorant or colorants, and is sealed above by a closer seal and below by a clamp. The beverage pouch and colorant drinking straw or tube are unitary, and when the first closer in the form of a clamp disposed between the dispensing opening of the pouch and the free end of the tube is intentionally moved to an open position, the colorant in the drinking straw mixes with the beverage in the clear pouch. The second closer is a removable seal at the free end of the tube.
In still another aspect of the invention the colorant is contained within a capsule which when opened, ruptured, punctured, squeezed or otherwise disturbed, releases the colorant into the beverage.
With respect to the concept of the colorant being retained in a capsule, a closure element is provided for attachment to a dispensing opening of a beverage container. The closure element comprises a coupling for attaching the closure element to the dispensing opening of the beverage container and a chamber within the closure element. The chamber contains a colorant agent within a capsule and has a first portion and a second portion. The first portion in communication with a beverage through the dispensing opening of the beverage container and the second portion is configured to dispense the beverage therethrough as the beverage passes through the chamber. A first closer is provided for closing the first portion of the closure element so that the capsule does not fall into the beverage and a second closer for closing the second portion of the closure element. A first opener for opening the capsule to let the colorant flow therefrom through the first closure into the beverage and a second opener for allowing opening the second closer for dispensing the beverage mixed with the colorant therethrough to the consumer.
Referring now to FIGS. 1, 4A-F, there is shown a first embodiment 20 of a closure element 20 configured in accordance with the present invention as a sports cap, wherein a single colorant agent is contained within and dispensed from a colorant containing assembly 22 into a clear or colored beverage 23 in a beverage container 24. The closure element 20 is attached to the beverage container 24, which beverage container is preferably of a pre-existing design and configuration and includes beverage containing portion 25 and an externally threaded neck 26 on which the closure element 20 is mounted. Manipulation of the colorant container 22 by a consumer releases colorant into the beverage 23 packaged by the beverage container 24. In other words, a consumer initiates coloration of the beverage 23, rather than the packager of the beverage 23 coloring the beverage during manufacture and prior to sale.
The colorant dispenser 22 has a first portion configured as a first cylindrical member 30 with internal threads 31 that thread onto the externally threaded neck 26 of the beverage container 24. The first cylindrical member 30 has an exterior groove 32 and one or more longitudinally extending exterior ribs 33. Extending radially with respect to the axis 34 of the first cylindrical member 30 is a top wall 36 having an apertured area or opening 37 which may be one or more holes through the wall 36, which holes may also be capillaries.
Integral with the first cylindrical member 30 is a second cylindrical member 40 which forms a second portion of the closure element 20. The second cylindrical member 40 has adjacent its bottom edge 41 a circular internal rib 42 which is received in the exterior groove 32 of the first cylindrical member 30 so as to rotatably mount the second cylindrical member 40 on the first cylindrical member 30. The circular rib 42 can also be in the form of a gasket in order to seal the second member 40 with respect to the first member 30. Alternatively, a separate gasket 43 may be provided to accomplish or enhance sealing. The second cylinder member 40 has longitudinally extending groove 45 which receives the longitudinally extending rib 33 on the first member 30 to hold the second cylindrical member 40 in specific rotational position relative to the first cylindrical member. Disposed above the longitudinal groove 45 is a floor 48 which has an opening 50 therethrough. Opening 50 may be a single opening, a plurality of openings or an array of perforations or capillaries and forms a first opening through the first portion of the closure element 20.
Above the floor 48, there is a top wall 52 which forms the top surface of the cap forming the sports cap 20, the top wall 52 having an opening 54 therethrough which is in communication with a neck 58 the opening 50 forming a second opening through the second portion of the closure element 20. The neck 58 cooperates with a conventional sports cap spout 59, such as the spout of a sports bottle which allows the consumer to drink directly from the beverage container 24.
The opening 37 through the first cylindrical member 30 is an opening through a first portion of the closure element 20 while the opening 54 through the second cylindrical member 40 is an opening through a second portion of the closure element 20. In accordance with the principles of the present invention, the space 62 between the floor 48 and top wall 52 of the second cylindrical member 40 contains a coloring agent 63 which may in the form of a liquid, the liquid being either free flowing or initially a gel, or in solid form such as granules, a powder a mixture of powders, or even in the form relatively large bodies such as tablets. In other words, the colorant 63 can be in any form which suspends or dissolves to a greater or lesser extent in the beverage 23 retained within the beverage container 24. The colorant 63 is retained within the space 62 by misalignment of the openings 50 and 37 in the cylindrical members 40 and 30, respectively. As long as the opening 37 in the first cylinder member 30 is covered by the closed portion 64 of the floor 48 of the second cylindrical member 40, and the aperture 50 of the second cylindrical member 40 is closed by the closed portion 66 of the top wall 36 of the first cylindrical member 30, the colorant 63 is held within the space 62.
In order to dispense the colorant 63 from the space 62 to the beverage 23, the second member 40 is rotated so that the opening 50 aligns with the opening 37 which allows the colorant 63 to drain from the space 62, through the cylindrical member 30 and into the beverage container 24 containing the beverage 23. When the beverage is consumed, the beverage flows through the first opening 37 in cylindrical member 30, into the space 62 in the second cylindrical member 40 and through the spout 59 of the sports cap 20.
Referring now to FIGS. 4A-4F, it is seen that the openings 37 in the first cylindrical member 30 and 50 in the second cylindrical member 40 may have a number of configurations, such as but not limited to: the semicircular valve configurations 37' and 50' of FIGS. 4A and 4B; the pie shaped apertures 50" and 37" of FIGS. 4C and 4D, and the capillaries 50'" and 37'" of FIGS. 4E and 4F. When the perforations 50 align with the perforations 37, the colorant in chamber 62 flows through the floor 48 and top wall 36 into the beverage container 24.
Referring now to FIGS. 5-7D, there is shown a second configuration of the first embodiment of the invention wherein the closure element in the form of a sports cap 80 has a plurality of colorant additive compartments 81, 82 and 83 instead of the single compartment 62 of the first embodiment of FIGS. 1-4. With the sports cap 80, the second cylindrical 40' member has a floor 48' with a single opening 86 therethrough and a ceiling 87 with a single opening 88 therethrough which is aligned with the opening 86 in the floor 48' of the second cylindrical member 40'. When the openings 88 and 86 are aligned, the beverage 23 in the container 24 can flow through both the first cylindrical member 30' and the second cylindrical member 40' for consumption by the customer.
In order to color the beverage 23, the second member 40' is rotated about its axis to align one of the compartments 81, 82 or 83 with the opening 90 in the top wall 91 of the first member 30'. As with the arrangement of FIGS. 1-4, a rib-in-slot slot latching arrangement is used to position the second cylindrical member 40' with respect to the first cylindrical member 30', only there are three or four ribs and cooperating slots on the cylindrical members instead of one or two ribs or slots on each member. For example, if there are three colorants to be dispensed, then there are three or four ribs 95 in the first cylindrical member 30' and three or four grooves 96 in the second cylindrical member 40'; positioned for example at 90 degrees, 180 degrees, and 270 degrees.
If there are only two colorants, then there are two or three ribs 95 in the first cylindrical member 30' and two or three grooves 96 in the second cylindrical member 40'. In each case, the ribs 95 and the grooves 96 are preferably disposed at 90 degree intervals, although other angular intervals, may be employed.
Referring now to FIGS. 7A and 7B, it is seen that the opening 90' through the wall 91 of the first cylindrical member 30' is almost semicircular in order to align with one of the colorant compartments 81 and 82, with respective openings 81' and 82', or possibly with both colorant compartments 81 and 82, so that two colorants can be dispensed simultaneously. After the colorants have been dispensed from the compartments 81 and 82 into the beverage 23 in the container 24, the opening 88 that is aligned with the opening 86 is then aligned with the opening 90' so that the opening 88 is also aligned with the opening 90'. The beverage 23 which has been colored by colorants 97 or 98 in compartments 81 or 82 (or in both compartments) is then available for drinking through the spout 70.
Referring now to FIGS. 7C and 7D, it is seen that the opening 90 in the top wall 91 of the first cylindrical member 30' is a cord portion of one quarter of a circle. When either of the three colorant containing compartments 81, 82 or 83 is aligned with the opening 90, the respective colorant flows through the opening 90 into the beverage 23 in the beverage container 24. If desired, colors can be mixed by sequentially aligning the colorant chambers 81, 82 and 83 in the second cylindrical member 40' with the opening 90 in the first cylindrical member 30'. The colorant in the chamber 83 may be released through very small openings such as capillaries 99 so as to have a particular pattern of dispersal in the beverage 23. When the customer desires to consume the beverage, the opening 86 is then aligned with the opening 90 which automatically aligns the opening 88 with the opening 90, since the opening 88 is aligned with the opening 86. The beverage 23 is then consumed through the spout 59' of the sports cap 80.
FIGS. 8-13B: Threaded Cap with Central Colorant Cylinder: Referring now to FIG. 8 there is shown a second embodiment of the invention wherein a sports bottle 100, or other container containing a beverage 102, has a neck 104 with a mouth 106 which is closed by a closure element in the form of a screw cap 108 which is threaded onto the neck 104 of the bottle 100 by threads 112. The threaded cap 108 has a container 114 therein which contains a colorant material 115, such as a colorant liquid, gel or a solid in the form of powders, granules or even a tablet or tablets. Colorant container 114 has an upper membrane 116 and a lower membrane 118. Preferably, the upper membrane 116 and lower membrane 118 are made of foil which can be penetrated sequentially by a relatively stiff tube, such as a straw 122. When the straw 122 is pushed through the lower membrane 118, the colorant 115 within the chamber 114 is released and flows into the beverage 102. Instead of having a lower foil 118 as is seen in FIG. 13A, a hinged plastic floor 124 may be used, which hinged floor is pivoted away from the bottom of the chamber 114 by the straw 122. The lower membrane 118 or hinge 124 form a first closer while the upper membrane 116 forms a second closer.
The axial length of the chamber 114 may be equal to, greater than or shorter than the axial length of the screw cap 108. The straw 122 may have a diameter which is substantially smaller than the diameter of the chamber 114, or as is seen in FIG. 10, may be only marginally smaller so that it has clearance to slide through the container 114 to open the first closer by either rupturing the foil 118, or pushing the hinged plastic floor 124 open. The tinted beverage is then drawn through the closure element in the form of the screw cap 108 by virtue of being pulled or sucked through the straw 122.
FIGS. 19-28: Colorant Contained Within Capsule: In a fifth embodiment of the invention shown in FIGS. 19-28, the closure element 195 is configured preferably of three members and is threadably mounted onto a beverage container. The first member 200 is a screw cap screwed directly on the neck of a beverage container and modified to hold a colorant capsule 201, wherein the colorant capsule 201 contains a consumable color agent, vitamin, mineral, flavor, or any variation thereof; the capsule 201 being held within a first portion which is a chamber defined by a channel 202 having first holes 203 and a sharp ridge 204 on the floor of the channel 202 to rupture the capsule 201 by puncturing the capsule. The colorant capsule 201 is alternatively oval, round, donut shaped, or any other variation, shaped to fit within the channel 202 of the first member. The first member 200 has second portion configured as a perforated hub 205 in the form of a central elevated portion with second holes 206 therein to allow flow-through for consumption of the beverage once the beverage is colored.
The dimensions of the capsule or capsules 201 are greater than the dimensions of the first holes 203. Consequently, the capsule or capsules 201 and thus the colorant therein can not pass through the first holes 203 until the capsule is compromised in some way by being opened through squeezing, rupturing, puncturing, or other wise being caused to release the colorant. Accordingly, the first member 200 has a first portion which is closed with respect to the colorant agent enclosed in the capsule(s), the closing structure being accomplished by selecting a size for the capsule(s) which is larger than the size of the first holes 203. When the structural integrity of the capsule(s) 201 is compromised to release the colorant, the capsule opens and the colorant passes through the first holes 203 into the beverage within the container.
Likewise, the second portion of the first member 200 is closed by the second holes 206 which also have a smaller size than the capsule(s) 201. Passage of the beverage colored by the colorant through the second holes 206 for consumption by the customer remains blocked until the sports cap 210 is opened.
A second member (207) is configured as an outer shell portion of the closure element 195. The second member 207 slides axially upon the first member (200) toward the capsule 201 in the channel 202. The second member (207) has a roof (208) which seals the colorant capsule (201) inside the channel (202) of the first member (200) when the second member (207) in it's initial position. The second member (207) may or may not have a sharp, jagged circumferential ridge (204) on its' roof for purposes of puncturing the colorant capsule (201). The second member has a spout (209) containing third holes (209a), which acts as a flow-through channel for the beverage being consumed.
A third member (210) is a sliding sports cap closure element, which slidably fits onto the spout (209) of the second member (207).
Colorant contained within the capsule (201) is released when the capsule is punctured and is dispensed into the clear beverage within a see through, clear drinking bottle (211) when the second member (207) is pushed downward upon the first member (200) enabling the roof (208) of the second member (207) to compress, puncture or crush the capsule (201), which is contained within the channel (202) of the first member (200) against the sharp ridge floor (204) of the perforated channel (202) of the first member (200). The crushing and puncturing action of the sliding second member 207 allows the colorant to leak from the capsule (201) and be dispersed through the first holes (203) in the floor of the channel (202) of the first member (200) into the clear beverage below.
The third member (210), which is a slidable sport cap, can then be lifted upward upon the spout (209) of the second member (207), allowing consumption of a newly colored beverage by way of a flow-through channel provided by second holes 206 in the perforated hub (205) of the first member (200), and by the spout (209) via perforations or holes (209a) in the second member (207).
Referring now specifically to FIG. 19, the first member 200 of the closure element 195 is shown screwed onto clear, see-through drinking bottle (211). In FIG. 19, the cap has been activated for drinking, by sliding the outer component or second member (207) down upon the screw cap component or the first member (200). The first member (200) cannot be seen since the outer component or second member (207) of the closure device covers it. The third member (210) is a slidable sport cap, which upon lifting, allows a flow-through channel for consuming the beverage in the drinking bottle (211) once it is colored.
In FIGS. 20 and 21, the closure elements are shown separated or disassembled from one another. In FIGS. 20, 21 and 22, the first member (200) is a modified screw cap containing a chamber defining the channel (202) which has the first holes (203) and a sharp ridge (204) on the floor thereof. The first holes (203) allow colorant to spill into the clear beverage within the drinking bottle (211) when the sharp ridge (204) on the floor punctures the colorant capsule (201). The channel (202) is circumferential and can hold one or more colorant capsules (201), which fit within the channel. In preferred embodiment, the depth of the channel (202) is approximately one half the width of the colorant capsule 201 or capsules so that at least half of a capsule projects above the top of the first member (200) when it is inserted into the channel (202). The first member (200) also has the perforated hub (205) having the second holes (206) therein, which act as a flow-through when consuming the beverage in the drinking bottle (211). The first member (200) also has an upper outer wall (212) and a lower outer wall (213) with circumferential ribs for sealing with the first member (207). The upper rib (212) is contoured or angled with either an acute or blunt edge acting as a seal when the second member (207) is pressed down upon the first member (200). The lower outer wall ridge (213) is configured as a blunt protrusion and also acts a seal when the second member (207) slides down upon the first member (200).
FIGS. 20, 21 and 23 show the second member (207) or outer shell of the closure element (195) having a cylindrical wall (214) which is smooth inside, a roof (208), and a spout (209) which contains third holes (209a). Upper and lower outer annular ribs (215) and (216) on the walls of the spout (209) are provided to form sealing between the third member (210) and the spout (209) when the third member is pressed down into position on the spout (209). The third holes (209a) in the spout (209) provide a flow-through channel for consuming the colored beverage. The roof (208) of the second member (207) crushes or compresses the colorant capsule (201) within the channel (202) of the first member (200) when the second member (207) is pushed down upon the first member (200). The upper rib (212) and lower rib (213) on the first member (200) act as a seal to contain the beverage at all times, and especially when the second member (207) is pushed downward upon the first member (200).
The roof (208) of the second member (207) encloses the crushed colorant capsule (201) within the channel (202) of the first member (200) so that the capsule (201) cannot be consumed during consumption of the newly colored beverage. The capsule (201), which has been crushed by the sliding mechanism of the second member (207) upon the first member (200), allows the colorant to preferentially leak out into the newly enclosed channel (202) of the first member (200) by means the roof (208) of the second member (207), and flow through the first holes (203) in the floor of the channel (202) of member one (200) into the clear beverage in the drinking bottle (211). The only flow-through channel to consume the newly colored beverage is created by the second holes 206 in the perforated hub (205) on the first member (200) and the central perforated spout (209) on the second member (207).
Regarding FIGS. 20, 21 and 24, the third member (210) is a sports cap element, which is assembled upon the spout (209) of the second member (207). The cap (210) has a smooth inner wall, which forms a seal with the upper and lower circumferential ribs on the spout (209) of the second member (207) when assembled thereon. Lifting or elevating this cap (210) allows the newly colored beverage to be consumed, whereas sliding the cap (210) downward, creates a seal upon the spout (209) of the second member (207).
The third member 210 therefore functions as an opener for allowing the beverage mixed with the colorant to flow through the second holes 206 and third holes 209a to the consumer.
FIG. 25 shows the initial starting position of the second member 207 with respect to the first member 200 as packaged with the colorant capsule (201) positioned within the channel (202) of the first member. The roof (208) of the second member (207) is close to, and preferably slightly touching, the colorant capsule (201). This initial position prevents the capsule from moving or shifting position within the channel (202) of the first member (200).
In FIG. 26, the second member (200) is shown pressed down against a colorant capsule 201 to rupture or otherwise open the colorant capsule in order to release the colorant agent into the chamber provided by the annular channel (202), so that the colorant flows through the first holes (203) into the beverage within bottle (211).
The seals made by the upper (212) and lower ribs (213) on the first member (200) with the smooth outer wall of the second member (207), and the seal made between the upper (215) and lower ribs (216) of the spout (209) of the second member (207) with the third member (210), keep the released colorant and beverage contained within the closure element (195).
In FIGS. 25-27, the sharp ridge (204) is on the floor of the circumferential channel (202), whereas in FIG. 28 a sharp, jagged circumferential ridge (204) extends downward from the roof (208) of the second member (207) help crush and perforate the colorant capsule or capsules (201) held within the channel (202) of the first member (200). Once the colorant capsule(s) (201) is compromised, the colorant content leaks through the first holes (203) in the floor of the channel (202) of the first member (200), and into the clear beverage held within the see-through drinking bottle (211).
Claims 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHO (US 6945393 B2) that discloses a method of making a container for dispensing a liquid mixture, comprising: forming an opening 28 and/or 40 in an end of the container 25 and/or 30 opposite to another upper end 60 of the container; attaching the end to a vessel 12; and forming a movable surface 27, wherein the movable surface 27 is configured to be adjacent to the end, and wherein the movable surface 27 adjusts the openness of the opening 28 and/or 40 to control an amount of material passing through therefrom (col. 3, lines 21-65 and col. 5, lines 1-21); forming another opening 59 in the another upper end 60 of the container; securing the end 60 to at least one of a mechanical device 52, an electrical device, a tool, or an appliance; forming a dispensing surface 56 extending at a nonzero angle (Figures 1, 3, and 4 showing the surface 56 being at a non-zero angle with respect to the horizontal plane) between the ends, wherein the dispensing surface 56 is configured to cover a portion of the end and a portion of an interior surface of the container (Figures 1, 3, and 4); disposing the material in the container and disposing a liquid in the vessel, wherein the material is a soluble material, and wherein the liquid and the soluble material are configured to be separate from each other until the first opening is adjusted (col. 3, lines 21-65 and col. 5, lines 1-21); processing the material being dispensed into the vessel to at least liquefy, chop, puree, mix, shredded, crush, ground, or blend the material (col. 1, lines 5-48);
and a method of using a container for dispensing a liquid mixture, comprising: attaching a lower end of the container 25 and/or 30 to a vessel 12, wherein the end comprises an opening 28 and/or 40 configured to be adjustable to control an amount of a soluble material passing through therefrom; moving a movable surface 27 adjacent to the end to adjust the openness of the opening 28 and/or 40 to control the amount of the soluble material passing through therefrom; and wherein movement of the movable surface 27 to increase/adjust the openness of the opening 28 and/or 40 and dispenses the soluble material positioned above the opening into the vessel 12 (col. 5, lines 1-21); wherein the vessel 12 is configured to hold a liquid (col. 1, lines 5-48), and wherein the liquid and the soluble material are configured to be separate from each other until the openness of the opening 28 and/or 40 is adjusted (col. 5, lines 1-21; col. 3, lines 21-65 and col. 5, lines 1-21); securing an upper end 60 of the container 25 and/or 30 to at least one of a mechanical device 52, an electrical device, a tool, or an appliance; the upper end 60 being opposite to the lower end and comprising an opening at 59; processing the soluble material within at least one of the container or the vessel, using at least one of a mechanical device (such as the internal surfaces of the device), an electrical device, a tool, or an appliance to mix, blend, or make into a puree the soluble material using a liquid inside the vessel 12 (col. 1, lines 5-48; col. 3, lines 21-65 and col. 5, lines 1-21).
More specifically, CHO discloses a device for attachment to a container. The device having an upper cap member connected to a middle cap member. The middle cap member connected to a lower cap member, and the lower cap member covering and sealing a neck of the container. A chamber for storing a predetermined substances defined by the connection of the middle cap member to the upper cap member. An aperture formed on the top plate member of the middle cap member. A sliding door placed on the top plate member for covering the aperture and enclosing the chamber. The door being movable to an open position for discharge of any contents in the chamber therethrough. The lower cap member having an aperture formed therethrough for passage of any contents discharged through the aperture of the middle cap member into the container.
CHO thus relates to caps, and more particularly, this invention relates to a cap for storing and dispensing additives into a container. In the pharmaceutical, beverage, scientific, and other relevant industries, when two or more substances require mixing in predetermined amounts for creation of a desired solution, the substances are usually kept in separate containers and mixed together into a single container as necessary. The mixing procedure can be time consuming as it may require measuring or it may be messy as there may be some spilling or cleaning necessary during and after the cleaning process. It is also known that mixtures of substances in a solution can change the composition, color, or efficiency of the ingredients and solution with passage of time. For instance, in the chemical industry, mixture of compounds can create a solution having certain desired reactive properties; however, the desired reactive efficiency of the product can diminish with the passage of time. Also, in the beverage industry, many flavored drinks are comprised of a mixture of substances. With passage of time in storage, these flavored drinks can lose their freshness, taste, and appearance. In addition, with prolonged storage, undesirable precipitation of compounds may even begin to appear in these flavored drinks. Often, in many nutritional drink solutions, the efficacy of the nutrition in such a drink may be lost with passage of time after mixture of key ingredients. These disadvantages are often encountered in commercial production and sales of the above mixed solutions, which often requires prolonged storage periods.
As such, there is a need for a cap for a container which can hold substances separately in storage and release the substances for mixture just prior to use to eliminate the disadvantages described earlier. Therefore, CHO provides a cap for a container capable of storing additives and releasing the additives into the container at the desired time. It is another object of the present invention to provide a container wherein the contents in the bottle are stored separately from additives contained in a cap device attached to the bottle for mixture when the cap device is being released from the bottle.
CHO discloses a device for use as a cap with a container. The device holds a predetermined additive for addition to a liquid or substance within the container at the desired time. The container shown in the illustrations has a neck. The device comprises an upper cap member, a middle cap member, and a lower cap member. The additive substance is stored in a chamber defined by the connection of the middle cap member to the upper cap member. The middle cap member has a top plate member and an aperture formed therethrough. The chamber is enclosed by, covering the aperture of the top plate member with a sliding door in a closed position. The door can be moved to an open position to uncover the aperture on the top plate member. In the open position, any contents within the chamber can exit through the aperture of the top plate member. The door further has a downwardly protruding tab member.
The middle cap member removably connects to the lower cap member. A layer of filter can be placed between the middle cap member and the lower cap member. The middle cap member has a skirt portion having an inner surface for twistably connecting onto the outer surface of the lower cap member. The lower cap member has a top surface and an aperture formed therethrough. A catch member protrudes upwardly from the top surface. A skirt protrudes upwardly and downwardly from along the edge of the top surface to form a cylindrical wall around the top surface. The cylindrical wall and top surface of the lower cap member are constructed and arranged to receive the neck of the container therein such that an outer surface of the neck of the container is sealed by at least a portion of the inner surface of the skirt of the lower cap member.
In a locked position of the device, the lower cap member is connected to the container, and the lower, middle, and upper cap members are all connected. Furthermore, in the locked position of the device, the door is in the closed position to retain the additive substance within the chamber. The contents in the chamber are discharged into the container by twisting the middle cap member in a predetermined direction around the lower cap member. The tab member and door are constructed and arranged to engage the catch member for a predetermined distance sufficient to slide the door to the open position as the middle cap member is twisted around the lower cap member in a predetermined direction to open the device from the locked position. As the middle cap member is twisted to cause the door to open, the aperture of the middle cap member becomes aligned with the aperture of the lower cap member so that the contents in the chamber can pass through both apertures and into the container.
For storing an additional predetermined substance in the device, another embodiment has a fourth cap member attached above the upper cap member. The upper cap member is provided with an aperture through a top surface thereof. The fourth cap member defines an open well having an open bottom covered by a bottom lid to form a cavity therebetween. The bottom lid has an aperture therethrough. The bottom lid has a sliding door covering the aperture formed thereon. The door of the bottom lid can be moved to uncover the aperture of the bottom lid. In a locked position of the device, the fourth cap member is connected to the upper cap member, and the door of the bottom lid is in the closed position. As the fourth cap member is twisted around the upper cap member in a predetermined direction, the door of the bottom lid is moved to the open position. As this door moves to the open position, the aperture of the bottom lid becomes aligned with the aperture of the upper cap member to discharge any contents therein to the chamber below.
CHO shows in FIGS. 1 through 4 is a device 10 for use as a cap with a container. The container 12 on which the device 10 can be utilized is of the type having a neck 15 defining an opening 17 leading into the container 12 as illustrated in FIGS. 1 to 4. The device 10 of the present invention comprises an upper cap member 20, a middle cap member 25, and a lower cap member 30.
The middle cap member 25 connects to the upper cap member 20 and defines a chamber 24 therebetween. The chamber 24 serves to hold a predetermined quantity of an additive substance (not shown) therein. The middle cap member 25 has a top plate member 27, and an aperture 28 is formed through the top plate member 27. A sliding door 29 is placed on top plate member 27 which moves interchangeably between a closed position and open position along a track 32 formed on the top plate member 27. In the closed position shown in FIG. 2, the door 29 is positioned to completely cover and seal the aperture 28. In the closed position, the chamber 24 is sealed and any contents therein cannot leak through the aperture 28. In the open position, the door 29 is positioned away from the aperture 28, and the door 29 no longer covers the aperture 28. In the open position, any contents within the chamber 24 can exit through the aperture 28. The door 29 further has a downwardly protruding tab member 34. As shown in the illustrations, the middle cap member 25 further comprises a skirt 26 extending downwardly from around the top plate member 27 to form a cylindrical wall 36. The skirt 26 forming the cylindrical wall 36 has an inner surface 37 threaded with female threading.
The lower cap member 30 has a top surface 39 and an aperture 40 formed therethrough. A catch member 42 protrudes upwardly from the top surface 39. A skirt 43 protrudes upwardly and downwardly from around the edge of the top surface 39 to form a cylindrical wall 45 around the top surface 39. In the illustrations shown, the lower cap member 30 has an upwardly extending 46 and a downwardly extending 48 portion of the cylindrical wall 45. However, in an alternative construction (not shown), the present invention can have a lower cap member 30 having skirt extending only downwardly from around the edge of the top surface. For purpose of illustration, the construction having an upwardly extending 46 and downwardly extending 48 portion of the cylindrical wall 45 will be described.
The downwardly extending 46 portion of the cylindrical wall 45 and top surface 39 of the lower cap member 30 are constructed and arranged to receive the neck 15 of the container 12 therein such that an outer surface 16 of the neck 15 of the container 12 is sealed by at least a portion of the inner surface 49 of the downwardly extending portion 48 of the cylindrical wall 45 in a locked position of the device 10 as shown in FIG. 3.
Additionally, in the locked position of the device 10, the lower cap member 30 is connected to the middle cap member 25. The cylindrical wall 45 formed around the top surface 39 of the lower cap member 30 has an outer surface 50 threaded with male threading. The threaded inner surface 37 of the skirt 26 of the middle cap member 25 receives the threaded outer surface 50 of the cylindrical wall 45 of the lower cap member 30 such that the outer surface 50 of the cylindrical wall 45 of the lower cap member 30 is sealed by at least a portion of the inner surface 37 of the skirt 26 of the middle cap member 25.
The upper cap member 20 has a crown portion 52 and a skirt portion 53 extending downwardly from the crown portion 52 to form a cylindrical wall 55. The upper cap member 20 removably connects to the middle cap member 25. In the construction illustrated herein, a portion of the outer surface 56 of the cylindrical wall 36 of the middle cap member 25 has male threading formed thereon. The inner surface 58 of the skirt portion 53 of the upper cap member 20 has female threading placed thereon for receiving and sealing at least a portion of the threaded outer surface 56 of the middle cap member 25 as shown in FIG. 3. The upper cap member 20 further comprises an aperture 59 formed therethrough. The aperture 59 is sealed closed with a removeable lid 60 covering the aperture 59. In the alternative, the aperture 59 of the upper cap member can have a push button lid 60 hingeably mounted within the aperture 59. The lid 60 is positioned to seal and enclose the aperture 59 in a closed position of the lid 60. The lid 60 can be moved to an open position to unseal the aperture 59.
An alternative embodiment of the present invention is shown in FIGS. 5 to 8, the alternative embodiment is for use with a container 12 having a neck 15 with an outer surface 14 threaded with male threading. The skirt 43 of the lower cap member 30 extends downwardly from around the top surface 39 of the lower cap member 30 to form a cylindrical wall 45. The downwardly extending portion 48 of the cylindrical wall 45 has an inner surface 62 threaded with female threading. The inner surface 62 of the downwardly extending portion 48 of the cylindrical wall 45 and top surface 39 of the lower cap member 30 are constructed and arranged to receive the neck 15 of the container therein such that the outer surface 14 of the neck 15 of the container 12 is sealed by at least a portion of the inner surface 62 of the downwardly extending portion 48 of the cylindrical wall 45 in the locked position of the device 10.
Furthermore, in the alternative embodiment, the sliding door 29 is hingeably connected to the top plate member 27 at a hinge point 65. The sliding movement of the door 29 from the closed to the open position is determined by the movement of the door 29 relative to the hinge point 65. In both embodiments as illustrated in FIG. 6B, a layer of filter 67 can be placed between the middle cap member 25 and the lower cap member 30.
In operation, a predetermined additive substance is placed within the chamber 24 defined by the joining of the upper cap member 20 and middle cap member 25. The device 10 holding the additive substance is placed in a locked position. In the locked position of the device 10, the upper cap member 20 is connected completely with the middle cap member 25, and the lower cap member 30 is connected completely with the middle cap member 25. Furthermore, in the locked position of the device 10, the door 29 on the middle cap member 25 is in the closed position, and the lower cap member 30 is connected completely with the neck 15 of the container 12. To discharge the contents of the chamber 24 into the container 12, the middle cap member 25 is first twisted in a predetermined direction. The tab member 34 and door 29 are constructed and arranged to engage the catch member 42 for a predetermined distance sufficient to slide the door 29 to the open position as the middle cap member 25 is twisted about the lower cap member 30 in a predetermined direction to open the device 10 from the locked position. As the middle cap member 25 is twisted to cause the door 29 to open, the aperture 28 of the middle cap member 45 becomes aligned with the aperture 40 of the lower cap member 30 so that the contents in the chamber 24 can pass through both apertures 28, 40 and into the container 12. Furthermore, the aperture 59 on the upper cap member 20 should be unsealed for improved discharge of the contents within the chamber 24.
In yet a third embodiment of the present invention as shown in FIGS. 9 to 11, an additional fourth cap member 70 is added above the upper cap member 20. The construction of the upper cap member 20 is modified slightly to add the fourth cap member 70. The upper cap member 20 comprises as in the earlier embodiments, a crown portion 52 and a skirt portion 53 extending downwardly from the crown portion 52 to form a cylindrical wall 55. The inner surface 58 of the skirt portion 53 has female threading placed thereon. In addition, a portion of the outer surface 75 of the skirt portion 53 is threaded with male threading, and an aperture 77 is formed through the crown portion 52. A second catch member protrudes upward (not shown) from the surface of the crown portion 52. The fourth cap member 70 comprises a top cap portion 79 and a bottom lid 80. The top cap portion 79 comprises a crown portion 82 and a skirt portion 83 extending downwardly from around the crown portion 82 to define an open well. The opening at the bottom of the top cap portion 79 is covered with the removeable bottom lid 80 to form a second chamber 85 therebetween. A predetermined additive substance can be stored within the second chamber 85. The bottom lid 80 has a top plate 87 and a cylindrical wall 89 protruding downward from around the top plate 87. The top plate 87 has an aperture 90 formed therethrough. A sliding second door (not shown) is placed on top plate 87 which moves interchangeably between a closed position and open position along a track formed on the top plate 87. In the alternative, the second door can be hingeably attached to the top plate 87 and slide interchangeably between the closed and open position. In the closed position, the second door is positioned to completely cover and seal the aperture 90. In the closed position, the second chamber 85 is sealed and any contents therein cannot leak through the aperture 90. In the open position, the second door is positioned away from the aperture 90, and the second door no longer covers the aperture 90. In the open position, any contents within the chamber 85 can exit through the aperture 90. The second door further has a downwardly protruding second tab member (as shown in the previous embodiments). An inner surface 92 of the cylindrical wall 89 of the bottom lid 80 is threaded with female threading to receive and seal the outer surface 75 of the skirt portion 53 of the upper cap member 20. The second tab member and second door are constructed and arranged to engage the second catch member for a predetermined distance sufficient to slide the second door to the open position as the fourth cap member 70 is twisted around the upper cap member 20 in a predetermined direction to open the device from a locked position. As the fourth cap member 70 is twisted around the upper cap member 20 to cause the second door to open, the aperture 77 of the upper cap member 20 becomes aligned with the aperture 90 of the bottom lid 80 so that the contents in the second chamber 85 can pass through both apertures 77, 90 and into the first chamber 24 defined by the middle and upper cap members 25, 20.
The third embodiment of the present invention further comprises a second aperture 93 formed through an upper portion of the top cap portion 79. The second aperture 93 is sealed closed with a removeable cover 95 covering the second aperture 93. In the alternative, the second aperture 93 of the fourth cap member 70 can have a push button lid 95 hingeably mounted within the second aperture 93. The push button lid 95 is positioned to seal and enclose the aperture 93 in a closed position of the lid 95. The lid 95 can be moved to an open position to unseal the second aperture 93.
In operation of the third embodiment, an additive substance is placed within a first chamber 24 defined by the joining of the middle 25 and upper cap 20 portions. Another predetermined additive substance is placed within the second chamber 85 defined by the joining of the bottom lid 80 and top cap portion 79. The device holding the additive substance is placed in a locked position. In the locked position of the device, the fourth cap member 70 is connected completely with the upper cap member 20, and the upper cap member 20 is connected completely with the middle cap member 25. The lower cap member 30 is in turn connected completely with the middle cap member 25 and the container 12. Furthermore, in the locked position of the third embodiment of the device, the door 29 on both the middle cap member 25 and second door on the bottom lid are in the respective closed positions, and the lower cap member 30 is connected completely with the neck 15 of the container 12. To discharge the contents of the first chamber 85 into the container 12, the middle cap member 25 is first twisted in a predetermined direction around the lower cap member 30. As the middle cap member 25 is twisted to cause the door 29 to open, the aperture 28 of the middle cap member 25 becomes aligned with the aperture 40 of the lower cap member 30 so that the contents in the chamber 24 can pass through both apertures 28, 40 and into the container 12. To discharge the contents of the second chamber 85, the fourth cap member 70 is twisted around the upper cap member 20 to cause the second door to open. As the second door becomes opened, the aperture 77 of the upper cap member 20 becomes aligned with the aperture 90 of the bottom lid 80 so that the contents in the second chamber 85 can pass through both apertures 77, 90 and into the first chamber 24 defined by the middle 25 and upper cap members 20 and thereafter through the already opened first door 29 and apertures 28, 40 of the middle 25 and lower cap members 30 and into the container 12. Furthermore, the second aperture 93 on the top cap portion 79 of the fourth cap member 70 should be unsealed for improved discharge of the contents within both chambers 24, 85.
In an alternative construction for each of the embodiments, the doors can be removed along with the catch member on the respective lower cap member 30 and upper
In an alternative construction for each of the embodiments, the doors can be removed along with the catch member on the respective lower cap member 30 and upper cap member 20. Without the doors, the contents within the chambers 24, 85 in the locked position of the device are enclosed in the following respective manners. FIG. 10 and 11 show an illustration of the embodiments without the doors and the catch members according to this construction. For the embodiment with the second chamber 85, in the locked position of the device, the bottom lid 80 and crown portion 52 of the upper cap member 20 are constructed and arranged so that the aperture 90 of the bottom lid 80 is completely covered by the crown portion 52 of the upper cap member 20 as the bottom surface 97 of the bottom lid 80 contacts the crown portion 52 of the upper cap member 20. To discharge the contents of the second chamber 85, the fourth cap member 70 is twisted around the upper cap member 20 to cause the aperture 77 of the upper cap member 20 to become aligned with the aperture 90 of the bottom lid 80 so that the contents in the second chamber 85 can pass through both apertures 77, 90 and into the first chamber 24 below. For the first chamber 24 defined by the connection of the upper cap member 20 and middle cap member 25, in the locked position of the device, the middle cap member 25 and lower cap member 30 are constructed and arranged so that the aperture 28 of the middle cap member 25 is completely covered by the top surface 99 of the lower cap member 30 as the lower cap member 30 contacts the bottom surface 100 of the middle cap member 25. To discharge the contents of the first chamber 24, the middle cap member 25 is twisted around the lower cap member 30 to cause the aperture 28 of the middle cap member 25 to become aligned with the aperture 40 of the lower cap member 30 so that the contents in the first chamber 24 can pass through both apertures 28, 40 and into the container 12 below.
Claims 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WAHLSTROM (US 2013/0037506 A1) that discloses a method of making a container for dispensing a liquid mixture, comprising: forming an opening 24 in a lower end of the container 16 opposite to the upper end 12 of the container 16(Figures 2A, 2B, 2C); attaching the lower end to a vessel 18; and forming a movable surface 20, wherein the movable surface 20 is configured to be adjacent to the lower end, and wherein the movable surface 20 adjusts the openness of the opening 24 to control an amount of material passing through therefrom (¶ [0096], [0098]); forming another opening within 12 in the upper end of the container 16; securing the end to at least one of a mechanical device 50, an electrical device, a tool, or an appliance; forming a dispensing surface 20 extending at a nonzero angle (when the device is tilted from the vertical, the surface 20 will be disposed at a non-zero angle to the horizontal plane - see Figure 2A) between the ends, wherein the dispensing surface 20 is configured to cover a portion of the end and a portion of an interior surface of the container 16 (Figures 2A-2C); disposing the material in the container and disposing a liquid in the vessel, wherein the material is a soluble material, and wherein the liquid and the soluble material are configured to be separate from each other until the first opening is adjusted ([0022], [0028], [0032], [0096], [0098]); processing the material being dispensed into the vessel to at least liquefy, chop, puree, mix, shredded, crush, ground, or blend the material adjusted ([0022], [0028], [0032], [0096], [0098]);
and a method of using a container for dispensing a liquid mixture, comprising: attaching a lower end of the container 16 to a vessel 18, wherein the end comprises an opening 24 configured to be adjustable to control an amount of a soluble material passing through therefrom; moving a movable surface 20 adjacent to the end to adjust the openness of the opening 24 to control the amount of the soluble material passing through therefrom; and wherein movement of the movable surface 20 to increase/adjust the openness of the opening 24 and dispenses the soluble material positioned above the opening into the vessel 24 (col. 1, lines 45-51; col. 2, lines 36-39; col. 5, line 8 - col. 6, line 9); wherein the vessel 18 is configured to hold a liquid ([0022], [0028], [0032], [0096], [0098]), and wherein the liquid and the soluble material are configured to be separate from each other until the openness of the opening 24 is adjusted; securing an upper end 12 of the container 16 to at least one of a mechanical device 50, an electrical device, a tool, or an appliance; the upper end 12 being opposite to the lower end and comprising an opening within 12 that feeds the mixture to the mechanical device 50; processing the soluble material within at least one of the container or the vessel, using at least one of a mechanical device (such as the internal surfaces of the device), an electrical device, a tool, or an appliance to mix, blend, or make into a puree the soluble material using a liquid inside the vessel 24 ([0022], [0028], [0032], [0096], [0098]).
More specifically, WAHLSTROM discloses a container having an first chamber; a second chamber; an upper seal forming a lower portion of the upper chamber; a lower seal adjacent the upper seal, the lower seal forming an upper portion of the lower chamber; a plurality of upper seal apertures in the upper seal; and a plurality of lower seal apertures in the lower seal, the upper seal apertures and the lower seal apertures rotatable between an open position with the upper and lower seal apertures aligned and a closed position with the upper and lower seal apertures nonaligned.
WAHLSTROM relates generally to baby bottle containers and, more specifically, to a compartmentalized baby bottle having a dry food product compartment and a fluid product selectively rotative from a separable state to a communicating state whereby the products can be mixed for consumption. The bottle has a removable lid portion for filling with a dry food product and a removable bottom portion for filling with a fluid product. The bottle, having a pair of plates with co-aligned apertures that are positionable to segregate one compartment from the other positionable to a communicative state whereby the contents can be mixed. The bottle, having a locking mechanism to prevent casual displacement of one plate relative to the other to prevent unintended mixing of the contents. Alternate designs of the present invention are provided and are hereinafter described. As should be readily apparent to one having ordinary skill in the art, the invention may apply to any bottle or, more generally, container having plural chambers, and be configured for any use with any substance. A compartmentalized baby bottle having a dry food product compartment and a fluid product selectively rotative from a separable state to a communicating state whereby the products can be mixed for consumption and a baby bottle having a removable lid portion for filling with a dry food product and a removable bottom portion for filling with a fluid product is disclosed.
Also provided is a baby bottle container having, a pair of plates with co-aligned apertures that are positionable to segregate one compartment from the other positionable to a communicative state whereby the contents can be mixed and a baby bottle container having a locking mechanism to prevent casual displacement of one plate relative to the other to prevent unintended mixing of the contents.
Also disclosed is a baby bottle allowing for a measured amount of fluid to be placed within a chamber and to provide a measured amount of dry formula to be placed within its respective chamber.
Provided is a dual chambered baby bottle as a first design having a threaded nipple top, with plastic cover, a first chamber for holding dry baby formula mix and a second, lower chamber for holding a measured amount of water. Each chamber provides a seal having apertures. The upper seal apertures must align to the lower seal apertures to allow the formula in the upper chamber to mix with the water in the lower chamber. This is achieved by twisting the top portion to the right while twisting the lower portion to the left, allowing the spring pin to travel along until it pops into the spring lock port, aligning the apertures and allowing the formula to mix with the water. The spring pin lock port is designed with a somewhat concave lip which allows the spring pin to leave the port when a forced opposite twist is applied, and allowing the mixing apertures back to a closed position.
Also provided is a dual chambered baby bottle as a second design having a threaded nipple top, with plastic cover, a first chamber for holding dry baby formula mix and a second, lower chamber for holding a measured amount of water. Each chamber provides a seal having apertures. The upper seal apertures must align to the lower seal apertures to allow the formula in the upper chamber to mix with the water in the lower chamber. This is achieved by twisting the top portion to the right while twisting the lower portion to the left, allowing the pin to ride along the channel to its stopping point, aligning the apertures and allowing the formula to mix with the water.
Also provided is a dual chambered baby bottle as a third design having a threaded nipple top, with plastic cover, a first chamber for holding dry baby formula mix and a second, lower chamber for holding a measured amount of water. Each chamber provides a seal having apertures. The upper seal apertures must align to the lower seal apertures to allow the formula in the upper chamber to mix with the water in the lower chamber. This is achieved by releasing the safety latch and twisting the top portion to the right while twisting the lower portion to the left, aligning the apertures and allowing the formula to mix with the water.
The device and method provides a dual chambered baby bottle having a threaded nipple top, with plastic cover, a first chamber for holding dry baby formula mix and a second, lower chamber for holding a measured amount of water. Each chamber provides a seal having apertures. The upper seal apertures must align to the lower seal apertures to allow the formula in the upper chamber to mix with the water in the lower chamber. This is achieved several locking designs, all including twisting the top portion to the right while twisting the lower portion to the left, aligning the apertures and allowing the formula to mix with the water.
FIG. 1 is an illustrative view of the present invention 10 in use. The present invention is a dual chambered baby bottle 10 having a lower chamber 18 containing a fluid such as water and an upper chamber 16 containing a dry food such as baby formula mix. The two chambers are separated by an upper seal 20 and a lower seal 22 having corresponding apertures that are nonaligned to separate the contents therein until the user rotates one chamber relative to the other to align the apertures and allow the contents to mix. The dual chambered baby bottle 10 simplifies the process of feeding an infant 44 when traveling.
FIG. 2A is a perspective view of the first design of the present invention 10. Shown is a perspective view of the first design of the present invention, a dual chambered baby bottle 10 having a threaded nipple top 12 with nipple 50, a plastic cover 14 for the threaded nipple top 12, an upper chamber 16 in fluid communication with the nipple top 12, a lower chamber 18, an upper seal 20 forming a lower portion of the upper chamber, a lower seal 22 adjacent the upper seal 20, the lower seal 22 forming an upper portion of the lower chamber, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures aligned and a closed position with the upper seal apertures 24 and the lower seal apertures nonaligned. This is achieved by twisting the top portion to the right while twisting the lower portion to the left, allowing the spring pin 32 to travel along until it pops into the spring lock port 34, aligning the apertures and allowing the formula to mix with the water. The spring pin lock port 34 is designed with a somewhat concave lip which allows the spring pin 32 to leave the port 34 when a forced opposite twist is applied, and allowing the mixing apertures back to a closed position. In using the present invention, first a liquid is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber 16. The bottle 10 is sealed by affixing the threaded nipple top 12. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. The lower chamber 18 further comprises a graduated measurement scale 46 and a screw-on bottom 48. In a preferred embodiment of the invention, the dry food is powdered baby formula and the liquid is water.
Optionally, the upper seal 22 further comprises an O-ring 30. The upper seal 20 can further comprise a spring pin 32 and a spring pin lock port 34, the spring pin 32 and the spring pin lock port 34 adapted such that the spring pin 32 pops into the spring pin lock port 34 when the upper seal apertures 24 and the lower seal apertures are aligned. The dual chamber baby bottle 10 of the present invention can further include a screw-on bottom 42.
FIG. 2B is a sectional view of the first design of the present invention 10 in a closed position. Shown is a sectional view of the first design of the present invention, a dual chambered baby bottle 10 having a threaded nipple top 12, a plastic cover 14 for the threaded nipple top 12 with nipple 50, an upper chamber 16 in fluid communication with the nipple top 12, a lower chamber 18, an upper seal 20 forming a lower portion of the upper chamber, a lower seal 22 adjacent the upper seal 20, the lower seal 22 forming an upper portion of the lower chamber, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. This is achieved by twisting the top portion to the right while twisting the lower portion to the left, allowing the spring pin 32 to travel along until it pops into the spring lock port 34, aligning the apertures and allowing the formula 52 to mix with the water 54. The spring pin lock port 34 is designed with a somewhat concave lip which allows the spring pin 32 to leave the port 34 when a forced opposite twist is applied, and allowing the mixing apertures back to a closed position. In using the present invention, first a liquid 54 is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food 52 is placed into the upper chamber 16. The bottle 10 is sealed by affixing the threaded nipple top 12. When the user is ready to mix the liquid 54 with the dry food 52, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. In a preferred embodiment of the invention, the dry food is powdered baby formula and the liquid is water.
Optionally, the upper seal 22 further comprises an o-ring 30. The upper seal 20 can further comprise a spring pin 32 and a spring pin lock port 34, the spring pin 32 and the spring pin lock port 34 adapted such that the spring pin 32 pops into the spring pin lock port 34 when the upper seal apertures 24 and the lower seal apertures are aligned. The dual chamber baby bottle 10 of the present invention can further include a screw-on bottom 42.
FIG. 2C is a sectional view of the first design of the present invention 10 with the upper chamber 16 and lower chamber 18 rotated to an open position. Shown are the lower seal apertures 26 of the lower seal 22 aligned with the upper seal apertures 24 of the upper seal 20 thereby enabling the dry food formula 52 from the upper chamber 16 to mix with the fluid 54 in the lower chamber 18.
FIG. 2D is a detailed view of the first design of the present invention 10 in a closed position. Shown is a detail view of the first design of the present invention, showing the O-ring 30, and the spring pin 32 captive within the spring pin lock port 34 due to the bias presented by a pin spring 58 prior to rotation. The upper seal apertures are not in alignment to the lower seal apertures, preventing the formula in the upper chamber 16 from mixing with the water in the lower chamber 18. The spring pin lock port on opposite side of the bottle, is designed with a somewhat concave lip 36 which allows the spring pin to leave the port when a forced opposite twist is applied, and allowing the mixing apertures back to a closed position.
FIG. 2E is a detailed view of the first design of the present invention 10 in an open and locked position. Shown is a detail view of the first design of the present invention, showing the O-ring 30, and the chambers twisted to a point where the spring pin 32 popped into the lock port 34 by the spring 58, allowing the upper seal apertures align to the lower seal apertures to allow the formula in the upper chamber 16 to mix with the water in the lower chamber 18. This is achieved by twisting the top portion to the right while twisting the lower portion to the left, allowing the spring pin 32 to travel along until it pops into the spring lock port 34, aligning the apertures and allowing the formula to mix with the water. The spring pin lock port 34 is designed with a somewhat concave lip 36 which allows the spring pin 32 to leave the port 34 when a forced opposite twist is applied, and allowing the mixing apertures back to a closed position.
FIG. 2F is a partial sectional view of the first design of the present invention 10 in a closed position prior to rotation. Shown is a partial sectional view of the first design of the present invention, a dual chambered baby bottle 10 having an upper chamber 16, a lower chamber 18, an upper seal 20, a lower seal 22 adjacent the upper seal 20, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. An o-ring 30 is included. In using the present invention, first a liquid 54 is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food 52 is placed into the upper chamber 16. When the user is ready to mix the liquid 54 with the dry food 52, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food 52 is mixed with the liquid 54. In a preferred embodiment of the invention, the dry food is powdered infant formula and the liquid is water.
Optionally, the upper seal 20 can further comprise a spring pin 32 and a spring pin lock port 34, the spring pin 32 and the spring pin lock port 34 adapted such that the spring pin 32 pops into the spring pin lock port 34 when the upper seal apertures 24 and the lower seal apertures 26 are aligned.
FIG. 2G is a partial sectional view of the first design of the present invention 10 after being rotated to an open position. Shown is a partial sectional view of the first design of the present invention, a dual chambered baby bottle 10 having an upper chamber 16, a lower chamber 18, an upper seal 20, a lower seal 22 adjacent the upper seal 20, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. In using the present invention, first a liquid is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber 16. When the user is ready to mix the liquid 54 with the dry food 52, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food 52 is mixed with the liquid 54. In a preferred embodiment of the invention, the dry food is powdered infant formula and the liquid is water.
Optionally, the upper seal 20 can further comprise a spring pin 32 and a spring pin lock port 34, the spring pin 32 and the spring pin lock port 34 adapted such that the spring pin 32 pops into the spring pin lock port 34 when the upper seal apertures 24 and the lower seal apertures 26 are aligned. The spring pin lock port 34 further comprises a concave lip 36.
FIG. 2H is a sectional view of the first design of the present invention 10 in a closed position prior to rotation with the upper seal apertures 24 and the bottom seal apertures 26 nonaligned. Shown is a sectional view of the first design of the present invention, a dual chambered baby bottle 10 having an upper chamber, a lower chamber, an upper seal 20, a lower seal 22 adjacent the upper seal 20, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. In using the present invention, first a liquid is placed into the lower chamber, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. In a preferred embodiment of the invention, the dry food is powdered infant formula and the liquid is water.
Optionally, the upper seal 20 can further comprise a spring pin 32 and a spring pin lock port 34, the spring pin 32 and the spring pin lock port 34 adapted such that the spring pin 32 pops into the spring pin lock port 34 when the upper seal apertures 24 and the lower seal apertures 26 are aligned. The spring pin lock port 34 further comprises a concave lip 36.
FIG. 2I is a sectional view of the first design of the present invention rotated to an open position. Shown is a sectional view of the first design of the present invention, a dual chambered baby bottle 10 having an upper chamber, a lower chamber, an upper seal 20, a lower seal 22 subjacent the upper seal 20, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of corresponding lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. In using the present invention, first a liquid is placed into the lower chamber, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. In a preferred embodiment of the invention, the dry food is powdered infant formula and the liquid is water.
Optionally, the upper seal 20 can further comprise a spring pin 32 and a spring pin lock port 34, the spring pin 32 and the spring pin lock port 34 adapted such that the spring pin 32 pops into the spring pin lock port 34 when the upper seal apertures 24 and the lower seal apertures 26 are aligned. The spring pin lock port 34 further comprises a concave lip 36.
FIG. 2J is an exploded view of the first design of the present invention 10. Shown is an exploded view of the first design of the present invention, a dual chambered baby bottle 10 having a threaded nipple top 12 with nipple 50, a plastic cover 14 for the threaded nipple top 12, an upper chamber 16 in fluid communication with the nipple top 12, a lower chamber 18, an upper seal 20 forming a lower portion of the upper chamber, a lower seal 22 adjacent the upper seal 20, the lower seal 22 forming an upper portion of the lower chamber, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. This is achieved by twisting the top portion to the right while twisting the lower portion to the left, allowing the spring pin 32 to travel along until it pops into the spring lock port 34, aligning the apertures and allowing the formula to mix with the water. The spring pin lock port 34 is designed with a somewhat concave lip which allows the spring pin 32 to leave the port 34 when a forced opposite twist is applied, and allowing the mixing apertures back to a closed position. In using the present invention, first a liquid is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber 16. The bottle 10 is sealed by affixing the threaded nipple top 12. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. In a preferred embodiment of the invention, the dry food is powdered baby formula and the liquid is water. A screw-on bottom 42 and o-ring 30 are affiliated with the lower chamber 18.
Optionally, the upper seal 22 further comprises an o-ring 30. The upper seal 20 can further comprise a spring pin 32 and a spring pin lock port 34, the spring pin 32 and the spring pin lock port 34 adapted such that the spring pin 32 pops into the spring pin lock port 34 when the upper seal apertures 24 and the lower seal apertures are aligned. The dual chamber baby bottle 10 of the present invention can further include a screw-on bottom 42.
FIG. 3A is a perspective view of a second design of the present invention 10. Shown is a second design of the present invention, a dual chambered baby bottle 10 having a threaded nipple top 12 with nipple, a plastic cover 14 for the threaded nipple top 12, an upper chamber 16 in fluid communication with the nipple top 12, a lower chamber 18, an upper seal 20 forming a lower portion of the upper chamber, a lower seal 22 adjacent the upper seal 20, the lower seal 22 forming an upper portion of the lower chamber, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures aligned and a closed position with the upper seal apertures 24 and the lower seal apertures nonaligned. This is achieved by twisting the top portion to the right while twisting the lower portion to the left. In using the present invention, first a liquid is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber 16. The bottle 10 is sealed by affixing the threaded nipple top 12. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. In a preferred embodiment of the invention 10, the dry food is powdered baby formula and the liquid is water.
[0114] Optionally, the upper seal 22 further comprises an o-ring 30. Shown is the upper seal 20 further comprising a pin 38 and channel 40 through which the pin 38 is adapted to travel. The dual chamber baby bottle 10 of the present invention can further include a screw-on bottom 42 and a measurement scale 46.
FIG. 3B is a sectional view of the second design of the present invention 10 in a closed position prior to rotation. Shown is a second design of the present invention, a dual chambered baby bottle 10 having a threaded nipple top 12 with nipple 50, a plastic cover 14 for the threaded nipple top 12, an upper chamber 16 in fluid communication with the nipple top 12, a lower chamber 18, an upper seal 20 forming a lower portion of the upper chamber, a lower seal 22 adjacent the upper seal 20, the lower seal 22 forming an upper portion of the lower chamber, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. This is achieved by twisting the top portion to the right while twisting the lower portion to the left. In using the present invention, first a liquid is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber 16. The bottle 10 is sealed by affixing the threaded nipple top 12. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food 52 is mixed with the liquid 54. In a preferred embodiment of the invention, the dry food is powdered baby formula and the liquid is water.
Optionally, the upper seal 22 further comprises an O-ring 30. Shown is the upper seal 20 further comprising a pin 38 and channel 40 through which the pin 38 is adapted to travel. The dual chamber baby bottle 10 of the present invention can further include a screw-on bottom 42 and O-ring 30.
FIG. 3C is a sectional view of the second design of the present invention 10 rotated to an open position. Shown is a second design of the present invention, a dual chambered baby bottle 10 with the pin 38 rotated and the upper seal apertures 24 of the upper seal 20 aligned with the lower seal apertures 26 to allow for the passage of the powdered formula 52 from the upper chamber 16 into the lower chamber 18 to mix with the fluid 54 contained therein.
FIG. 3D is a sectional view of the second design of the present inventions 10 upper chamber 16. Shown is the upper seal 20 with its upper seal apertures 24 and the peripheral placement of the pin 38.
FIG. 3E is a sectional view of the second design of the present invention's lower chamber 18. Shown is the lower seal 22 with a plurality of lower seal apertures 26 further comprising a channel 40 through which the pin is adapted to travel and the pin stop 60 that restricts further rotation of the two chambers upon alignment of the respective apertures. Also shown is the placement of the o-ring 30.
FIG. 3F is a sectional view of the second design of the present invention's 10 upper seal apertures 24 and lower seal apertures 26 in the nonaligned closed position. Shown is the upper seal 20 further comprising a pin 38 and channel 40 through which the pin 38 is adapted to travel.
FIG. 3G is a sectional view of the second design of the present invention's 10 upper seal apertures 24 and lower seal apertures 26 in the aligned open position. Shown is the upper seal 20 further comprising a pin 38 and channel 40 through which the pin 38 is adapted to travel.
FIG. 3H is a detailed view of the second design of the present invention's 10 upper 16 and lower 18 chambers in an open position. Shown is a second design of the present invention, a dual chambered baby bottle 10 wherein the upper seal 20 further comprises an o-ring 30. Shown are the lower seal 22 and the upper seal 20 further comprising a pin 38 and channel 40 and pin stop 60 through which the pin 38 is adapted to travel.
FIG. 3I is a detailed view of the second design of the present inventions 10 upper 16 and lower 18 chambers in a closed position. Shown is a second design of the present invention, a dual chambered baby bottle 10 wherein the upper seal 20 further comprises an o-ring 30. Shown are the lower seal 22 and the upper seal 20 further comprising a pin and channel 40 through which the pin is adapted to travel.
FIG. 3J is an exploded view of the second design of the present invention 10. Shown is an exploded view of the second design of the present invention, a dual chambered baby bottle 10 having a threaded nipple top 12 with nipple 50, a plastic cover 14 for the threaded nipple top 12, an upper chamber 16 in fluid communication with the nipple top 12, a lower chamber 18, an upper seal 20 forming a lower portion of the upper chamber, a lower seal 22 adjacent the upper seal 20, the lower seal 22 forming an upper portion of the lower chamber, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. This is achieved by twisting the top portion to the right while twisting the lower portion to the left, allowing the spring pin 32 to travel along the channel 40 until it pops into the spring lock port 34, aligning the apertures and allowing the formula to mix with the water. The spring pin lock port 34 is designed with a somewhat concave lip which allows the spring pin 32 to leave the port 34 when a forced opposite twist is applied, and allowing the mixing apertures back to a closed position. In using the present invention, first a liquid is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber 16. The bottle 10 is sealed by affixing the threaded nipple top 12. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. In a preferred embodiment of the invention, the thy food is powdered baby formula and the liquid is water.
Optionally, the upper seal 22 further comprises an O-ring 30. The upper seal 20 can further comprise a spring pin 32 and a spring pin lock port 34, the spring pin 32 and the spring pin lock port 34 adapted such that the spring pin 32 pops into the spring pin lock port 34 when the upper seal apertures 24 and the lower seal apertures are aligned. The dual chamber baby bottle 10 of the present invention can further include a screw-on bottom 42.
FIG. 4A is a perspective view of the third design of the present invention 10. Shown is a perspective view of the third design of the present invention, a dual chambered baby bottle 10 having a threaded nipple top 12 with nipple 50, a plastic cover 14 for the threaded nipple top 12, an upper chamber 16 in fluid communication with the nipple top 12, a lower chamber 18, an upper seal 20 forming a lower portion of the upper chamber, a lower seal 22 adjacent the upper seal 20, the lower seal 22 forming an upper portion of the lower chamber, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures aligned and a closed position with the upper seal apertures 24 and the lower seal apertures nonaligned. In using the present invention, first a liquid is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber 16. The bottle 10 is sealed by affixing the threaded nipple top 12. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. In a preferred embodiment of the invention, the dry food is powdered baby formula and the liquid is water. A locking mechanism, such as a pull-pin safety latch 28, prevents undesired rotation of the upper seal 20 and the lower seal 22. Optionally, the upper seal 22 further comprises an o-ring 30. The dual chamber baby bottle 10 of the present invention can further include a screw-on bottom 42 and/or a graduated measurement scale 46.
FIG. 4B is a sectional view of the third design of the present invention 10. Shown is a sectional view of the third design of the present invention, a dual chambered baby bottle 10 having a threaded nipple top 12, a plastic cover 14 for the threaded nipple top 12, an upper chamber 16 in fluid communication with the nipple top 12, a lower chamber 18, an upper seal 20 forming a lower portion of the upper chamber, a lower seal 22 adjacent the upper seal 20, the lower seal 22 forming an upper portion of the lower chamber, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. In using the present invention, first a liquid 54 is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry powered formula 52 is placed into the upper chamber 16. The bottle 10 is sealed by affixing the threaded nipple top 12. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. In a preferred embodiment of the invention, the dry food is powdered baby formula and the liquid is water. A locking mechanism, such as a pull-pin safety latch 28 and pin stop 60, prevents undesired rotation of the upper seal 20 and the lower seal 22. Shown is the pull pin safety latch 28 pulled out of the pin stop 60 to allow for the rotation of the chambers. Optionally, the upper seal 22 further comprises an o-ring 30. The dual chamber baby bottle 10 of the present invention can further include a screw-on bottom 42.
FIG. 4C is a sectional view of the third design of the present invention 10 with pull pin latch 28 inserted into the pin stop 60 thereby locking the upper chamber 16 and the lower chamber 18 to prevent the casual rotation thereof and maintain the nonalignment of the upper seal apertures 24 and the lower seal apertures 26 in the closed position.
FIG. 4D is a sectional view of a third design of the present invention 10 with pull pin latch 28 withdrawn from the pin stop 60 thereby unlocking the upper chamber 16 and the lower chamber 18 to enable the user to rotate them to align the upper seal apertures 24 and the lower seal apertures 26 in the open position and release the dry formula 52 into the fluid 54.
FIG. 4E is an exploded view of the third design of the present invention 10. Shown is an exploded view of the third design of the present invention, a dual chambered baby bottle 10 having a threaded nipple top 12, a plastic cover 14 for the threaded nipple top 12 with nipple 50, an upper chamber 16 in fluid communication with the nipple top 12, a lower chamber 18, an upper seal 20 forming a lower portion of the upper chamber, a lower seal 22 adjacent the upper seal 20, the lower seal 22 forming an upper portion of the lower chamber, a plurality of upper seal apertures 24 in the upper seal 20, and a plurality of lower seal apertures 26 in the lower seal 22, the upper seal 20 and lower seal 22 rotatable between an open position with the upper seal apertures 24 and the lower seal apertures 26 aligned and a closed position with the upper seal apertures 24 and the lower seal apertures 26 nonaligned. In using the present invention, first a liquid is placed into the lower chamber 18, then the upper seal 20 and lower seal 22 are rotated to a closed position and a dry food is placed into the upper chamber 16. The bottle 10 is sealed by affixing the threaded nipple top 12. When the user is ready to mix the liquid with the dry food, the upper seal 20 and the lower seal 22 are rotated to an open position and the dry food is mixed with the liquid. In a preferred embodiment of the invention, the dry food is powdered baby formula and the liquid is water. A locking mechanism, such as a pull-pin safety latch 28, prevents undesired rotation of the upper seal 20 and the lower seal 22. Optionally, the upper seal 22 further comprises an O-ring 30. The dual chamber baby bottle 10 of the present invention can further include a screw-on bottom 42.
Each embodiment disclosed above may include or be configured for use with any conventional bottle top, cap, or cover--such as a crown cork, threaded screw cap, any type of stopper (e.g., cork, glass), sports cap, pull-off top, and the like--in place of or in addition to the plastic cover 14, threaded nipple top 12, and nipple 50. For example, upper chamber 16 of FIG. 2A may be configured to accept a threaded screw cap--similar to screw-on bottom 48 of FIG. 2J--in place of the threaded nipple top 12. Additionally, all bottles described herein may be configured so that bottle tops, including the threaded nipple top, are interchangeable, e.g., depending on the desired use of the bottle.
FIGS. 5A and 5B illustrate examples of tops that may be included or configured for use with the bottles described in this disclosure. The example top illustrated in FIG. 5A includes an optional connector 70, a built-in straw 72, and a removable lid 74. As depicted, the built-in straw 72 may be shielded or protected by a cover--such as plastic cover 14 of FIG. 2A--which detachably engages the removable lid 74. The cover, connector 70, built-in straw 72, and removable lid 74 may be glass, plastic, metal (e.g., stainless steel), or any other suitable material. A user of the top illustrated in FIG. 5A may disengage the cover from the removable lid 74 to access the built-in straw 72. In some embodiments, a hermetic seal may form when the cover is engaged with the removable lid 74, adding additional protection to the built-in straw 72 and the contents of the bottle.
Some embodiments include a connector, such as the optional connector 70, which couples the cover to the removable lid 74. The optional connector 70 may be included to prevent a user from losing the cover, as the cover is affixed to the removable lid 74, which may be affixed to the bottle.
The removable lid 74 detachably attaches to the bottle. In the embodiments described by FIGS. 1-4E, the removable lid 74 may be configured to detachably attach to the upper chamber 16 and/or the lower chamber 18. In some embodiments, the removable lid 74 includes a threaded connector that engages or attaches to a threaded connector disposed on an outer surface of the bottle. In these embodiments, the removable lid 74 may be screwed onto and off of the bottle. In other embodiments, the removable lid 74 may be a snap-fit type lid that attaches to and detaches from the bottle via the application of pressure. The mechanisms described herein for detachably mating the cover to the removable lid 74, and the removable lid 74 to the bottle are merely examples. All other mechanisms known to a skilled artisan are within the scope of this disclosure.
The example top illustrated in FIG. 5B includes a retractable tab 76 and a removable lid 74. While not depicted, the top illustrated in FIG. 5B may include a cover and an optional connector 70 as described with respect to FIG. 5A. The components of FIG. 5B may be glass, plastic, metal (e.g., stainless steel), or any other suitable material.
The retractable tab 76 of FIG. 5B may extend to a first position by the application of pressure in a direction away from and generally perpendicular to the surface of the removable lid 74. Likewise, the retractable tab 76 may retract to a second position by the application of pressure in a direction toward and generally perpendicular to the surface of the removable lid 74. The distance between the retractable tab 76 and the removable lid 74 is greater in the first position than in the second position. Additionally, the contents of the bottle are generally accessible when the retractable tab 76 is in the first position (e.g., may be poured out); whereas the contents of the bottle are generally inaccessible when the retractable tab 76 is in the second position. The retractable tab 76 may include a hole or other mechanism through which the contents of the bottle may be expelled.
It will be understood that each of the elements described above, or two or more together may also find a useful application in other types of methods differing from the type described above. The features disclosed in the embodiments described above may be incorporated in any bottle or, more generally, container having plural chambers. Additionally, the bottle or container may be configured for any use, and each chamber may be configured to store or hold any substance. As such, the bottle or container disclosed herein may be configured for any use or task requiring the storage of substances in separate chambers, and subsequent mixing or combining of the substances.
One or more embodiments described above may be configured to store and/or mix/combine substances associated with nutrition, nutritional supplements, medicine, chemicals, household or industrial cleaning agents, consumer products, toiletries, cosmetics (e.g., makeup), and the like. Additionally, one or more containers disclosed herein may be reusable, one-time use, and/or recyclable.
One or more embodiments described above may be configured for use by a human (such as a human baby, an athlete, the disabled, the elderly, and the like) or an animal, i.e., non-human, (such as a farm animal, a domestic pet, and the like). In one example, a container within the scope of this disclosure is configured to store and/or administer nutrition to a human baby, e.g., neonate, newborn, infant, child, etc. In another example, a container within the scope of this disclosure is configured to store and/or administer nutrition or nutritional supplements to an athlete, a disabled individual, or an elderly individual. In this example, a conventional bottle top, cap, or cover (e.g., crown cork, threaded screw cap, any type of stopper (e.g., cork, glass), sports cap, pull-off top, and the like) may be used in place of a threaded nipple top with nipple. In yet another example, farmers, animal breeders, clinical researchers, veterinarians, pet owners, and the like can store and/or administer nutrition, nutritional supplements, medicine and the like to an animal, including a non-human baby, using a container described herein. These examples are not meant to be limiting, as one having ordinary skill in the art may configure the containers disclosed herein to store any substance for any desired use.
Claim Rejections - 35 USC § 103
The terms used in this respect are given their broadest reasonable interpretation in their ordinary usage in context as they would be understood by one of ordinary skill in the art, in light of the written description in the specification, including the drawings, without reading into the claim any disclosed limitation or particular embodiment. See, e.g., In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004); In re Hyatt, 211 F.3d 1367, 1372 (Fed. Cir. 2000); In re Morris, 127 F.3d 1048, 1054-55 (Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321-22 (Fed. Cir. 1989). The Examiner interprets claims as broadly as reasonable in view of the specification, but does not read limitations from the specification into a claim. Elekta Instr. S.A.v.O.U.R. Sci. Int'l, Inc., 214 F.3d 1302, 1307 (Fed. Cir. 2000).
To determine whether subject matter would have been obvious, "the scope and content of the prior art are to be determined; differences between the prior art and the claims at issue are to be ascertained; and the level of ordinary skill in the pertinent art resolved .... Such secondary considerations as commercial success, long felt but unsolved needs, failure of others, etc., might be utilized to give light to the circumstances surrounding the origin of the subject matter sought to be patented." Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17-18 (1966).
The Supreme Court has noted:
Often, it will be necessary for a court to look to interrelated teachings of multiple patents; the effects of demands known to the design community or present in the marketplace; and the background knowledge possessed by a person having ordinary skill in the art, all in order to determine whether there was an apparent reason to combine the known elements in the fashion claimed by the patent at issue.
KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1740-41 (2007). "Under the correct analysis, any need or problem known in the field of endeavor at the time of invention and addressed by the patent can provide a reason for combining the elements in the manner claimed." (Id. at 1742).
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 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The instant office action conforms to the policies articulated in the Federal Register notice titled “Updated Guidance for Making a Proper Determination of Obviousness” at 89 Fed. Reg. 14449, February 27, 2024, wherein the Supreme Court’s directive to employ a flexible approach to understanding the scope of prior art is reflected in the frequently quoted sentence, ‘‘A person of ordinary skill is also a person of ordinary creativity, not an automaton.’’ Id. at 421, 127 S. Ct. at 1742. In this section of the KSR decision, the Supreme Court instructed the Federal Circuit that persons having ordinary skill in the art (PHOSITAs) also have common sense, which may be used to glean suggestions from the prior art that go beyond the primary purpose for which that prior art was produced. Id. at 421–22, 127 S. Ct. at 1742. Thus, the Supreme Court taught that a proper understanding of the prior art extends to all that the art reasonably suggests, and is not limited to its articulated teachings regarding how to solve the particular technological problem with which the art was primarily concerned. Id. at 418, 127 S. Ct. at 1741 (‘‘As our precedents make clear, however, the analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ.’’). ‘‘The obviousness analysis cannot be confined . . . by overemphasis on the importance of published articles and the explicit content of issued patents.’’ Id. at 419, 127 S. Ct. at 1741. Federal Circuit case law since KSR follows the mandate of the Supreme Court to understand the prior art— including combinations of the prior art—in a flexible manner that credits the common sense and common knowledge of a PHOSITA. The Federal Circuit has made it clear that a narrow or rigid reading of prior art that does not recognize reasonable inferences that a PHOSITA would have drawn is inappropriate. An argument that the prior art lacks a specific teaching will not be sufficient to overcome an obviousness rejection when the allegedly missing teaching would have been understood by a PHOSITA—by way of common sense, common knowledge generally, or common knowledge in the relevant art. For example, in Randall Mfg. v. Rea, 733 F.3d 1355 (Fed. Cir. 2013), the Federal Circuit vacated a determination of nonobviousness by the Patent Trial and Appeal Board (PTAB or Board) because it had not properly considered a PHOSITA’s perspective on the prior art. Id. at 1364. The Randall court recalled KSR’s criticism of an overly rigid approach to obviousness that has ‘‘little recourse to the knowledge, creativity, and common sense that an ordinarily skilled artisan would have brought to bear when considering combinations or modifications.’’ Id. at 1362, citing KSR, 550 U.S. at 415–22, 127 S. Ct. at 1727. In reaching its decision to vacate, the Federal Circuit stated that by ignoring evidence showing ‘‘the knowledge and perspective of one of ordinary skill in the art, the Board failed to account for critical background information that could easily explain why an ordinarily skilled artisan would have been motivated to combine or modify the cited references to arrive at the claimed inventions.’’ Id.
From Norgren Inc. v. Int’l Trade Comm’n, 699 F.3d 1317, 1322 (Fed. Cir. 2012) (‘‘A flexible teaching, suggestion, or motivation test can be useful to prevent hindsight when determining whether a combination of elements known in the art would have been obvious.’’); Outdry Techs. Corp. v. Geox S.p.A., 859 F.3d 1364, 1370–71 (Fed. Cir. 2017) (‘‘Any motivation to combine references, whether articulated in the references themselves or supported by evidence of the knowledge of a skilled artisan, is sufficient to combine those references to arrive at the claimed process.’’). In keeping with this flexible approach to providing a rationale for obviousness, the Federal Circuit has echoed KSR in identifying numerous possible sources that may, either implicitly or explicitly, provide reasons to combine or modify the prior art to determine that a claimed invention would have been obvious. These include ‘‘market forces; design incentives; the ‘interrelated teachings of multiple patents’; ‘any need or problem known in the field of endeavor at the time of invention and addressed by the patent’; and the background knowledge, creativity, and common sense of the person of ordinary skill.’’ Plantronics, Inc. v. Aliph, Inc., 724 F.3d 1343, 1354 (Fed. Cir. 2013), quoting KSR, 550 U.S. at 418–21, 127 S. Ct. at 1741–42.
The Federal Circuit has also clarified that a proposed reason to combine the teachings of prior art disclosures may be proper, even when the problem addressed by the combination might have been more advantageously addressed in another way. PAR Pharm., Inc. v. TWI Pharms., Inc., 773 F.3d 1186, 1197–98 (Fed. Cir. 2014) (‘‘Our precedent, however, does not require that the motivation be the best option, only that it be a suitable option from which the prior art did not teach away.’’) (emphasis in original). One aspect of the flexible approach to explaining a reason to modify the prior art is demonstrated in the Federal Circuit’s decision in Intel Corp. v. Qualcomm Inc., 21 F.4th 784, 796 (Fed. Cir. 2021), which confirms that a proposed reason is not insufficient simply because it has broad applicability. Patent challenger Intel had argued in an inter partes review before the Board that some of Qualcomm’s claims were unpatentable because a PHOSITA would have been able to modify the prior art, with a reasonable expectation of success, for the purpose of increasing energy efficiency. Id. at 796–97. The Federal Circuit explained that ‘‘[s]uch a rationale is not inherently suspect merely because it’s generic in the sense of having broad applicability or appeal.’’ Id. The Federal Circuit further pointed out its pre-KSR holding ‘‘that because such improvements are ‘technology independent,’ ‘universal,’ and ‘even common-sensical,’ ‘there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves.’ ’’ Id., quoting DyStar Textilfarben GmbH v. C.H. Patrick Co., 464 F.3d 1356, 1368 (Fed. Cir. 2006) (emphasis added by the Federal Circuit in Intel). When formulating an obviousness rejection, the PTO may use any clearly articulated line of reasoning that would have allowed a PHOSITA to draw the conclusion that a claimed invention would have been obvious in view of the facts. MPEP 2143, subsection I, and MPEP 2144. Acknowledging that, in view of KSR, there are ‘‘many potential rationales that could make a modification or combination of prior art references obvious to a skilled artisan,’’ the Federal Circuit has also pointed to MPEP 2143, which provides several examples of rationales gleaned from KSR. Unwired Planet, 841 F.3d at 1003.
When considering the prior art in its entirety, note Allied Erecting v. Genesis Attachments, 825 F.3d 1373, 1381, 119 USPQ2d 1132, 1138 (Fed. Cir. 2016) ("Although modification of the movable blades may impede the quick change functionality disclosed by Caterpillar, ‘[a] given course of action often has simultaneous advantages and disadvantages, and this does not necessarily obviate motivation to combine.’" (quoting Medichem, S.A. v. Rolabo, S.L., 437 F.3d 1157, 1165, 77 USPQ2d 1865, 1870 (Fed Cir. 2006) (citation omitted))). However, "the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed…." In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Claims 13 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over LIZERBRAM et al. (US 6705491 B1), CHO (US 6945393 B2), or WAHLSTROM (US 2013/0037506 A1) in view of {LILLELUND et al. (US 5547275), LYAD (US 5586676), TSENG (US 5788369), GHAVI (US4818114), SWARTZ (4003555), or SWETT et al. (US 3820692)}.
Assuming, arguendo, that the prior art to LIZERBRAM et al., CHO, or WAHLSTROM do not disclose the broadly recited “mechanical device”, “tool”, or “appliance” (which is deemed equivalent to a vast array of structural elements found in the mixing container art), the patent to LILLELUND et al. discloses an analogous container 12 having a “mechanical device”, “tool”, or “appliance” 14 therein; the patent to LYAD discloses an analogous container 15 having a “mechanical device”, “tool”, or “appliance” 55 therein; the patent to TSENG discloses an analogous container 10 having a “mechanical device”, “tool”, or “appliance” 12 or 16 therein; the patent to GHAVI discloses an analogous container 12 and/or 16 having a “mechanical device”, “tool”, or “appliance” 10 therein; the patent to SWARTZ discloses an analogous container 12 having a “mechanical device”, “tool”, or “appliance” 16 therein; and the patent to SWETT et al. discloses an analogous container 10 and/or 12 having a “mechanical device”, “tool”, or “appliance” 14 therein.
It therefore would have been obvious to one skilled in the art before the effective filing date of the invention to have provided the containers of LIZERBRAM et al., CHO, or WAHLSTROM with a “mechanical device”, “tool”, or “appliance” therein as taught by LILLELUND et al., LYAD, TSENG, GHAVI, SWARTZ, or SWETT et al. for the purposes of effectively blending, stirring and/or crushing the beverage or foodstuff materials present in the container via the “mechanical device”, “tool”, or “appliance” disposed within the container (LILLELUND et al. at col. 5, lines 41-56); (LYAD at col. 4, line 65 - col. 5, line 5); (TSENG at col. 4, lines 1-8 and 47-65); (GHAVI at col. 6, line 45 - col. 7, line 15); (SWARTZ at col. 4, line 6 - col. 5, line 11); and (SWETT et al. at col. 3, lines 8-15).
Allowable Subject Matter
No claims stand allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses blending containers analogous to the claimed invention, some with a “mechanical device”, “tool”, “electrical device”, and/or “appliance”
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/CHARLES COOLEY/
Examiner, Art Unit 1774
DATED: 4 DEC 2025
Prosecution Insights