DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Office Action is in response to the application filed on 3/3/2026. Claims 1-12 are presently pending and are presented for examination.
Response to arguments
Applicant amended claims 1-,6-7 and 12 which changes the scope of the claims and as such a new grounds of rejection is issued.
In regards to the rejection of Claim(s) 7 Applicant asserts:
However, Rhodes does not disclose or teach "a water bottle portion that surrounds and is secured to an outer surface of a water bottle".
In response:
The Examiner respectfully disagree and uses Rhodes combined with the teachings of Williams to teach “a powered base (power bank compartment 20 with power bank 25of Rhodes) coupled on a bottom of the water bottle portion that surrounds and is secured to an outer surface of a water bottle (interpreted as “that is configured to surround and secure to an outer surface of a water bottle“ . Fig. 1 power bank compartment 20 with power bank 25 and the beverage container compartment 10 is a beverage container sleeve ([0022]). Williams teaches a sleeve configured to be secured to an outer surface of a beverage container ([0002]).
In regards to applicants remaining remarks:
Applicant remarks have been considered but are moot base on new grounds of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6 and 12 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 6 and 12 recites “wherein the external device is a mobile phone that is charged by coupling the mobile phone to the output of the powered base” which does not further limit the water bottle and the water bottle sleeve.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 and 7 recites “a powered base integrally formed as a unitary structure with the bottle portion” and “a powered base coupled on a bottom of the water bottle portion that surrounds and is secured to an outer surface of a water bottle “ and “wherein the powered base permanently integrated into the sleeve comprises a power source” which is not supported in the specification and is therefore new matter.
The disclosure does not support the powered base integrally formed as a unitary structure with the bottle portion nor supports the powered base permanently integrated into the sleeve. The disclosure also does not support the water bottle is “secured to an outer surface of a water bottle . “Securing” the water bottle portion to an outer surface is broader than what the specification supports.
Claims 2-6 and 8-12 are included in this rejection based on their dependence on claims 1 and 7.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 4 and 5 recites “wherein the power source is one or more replaceable batteries” and “wherein powered base further comprises a cable formed as part of the powered base that is configured to couple to the external device to supply power to the external device” which is unclear.
Claim 1 recites from which it depend claims “a powered base integrally formed as a unitary structure with the bottle portion, located below the bottle portion, wherein the powered base comprises a power source and an output”. It is unclear how and the disclosure does not sufficiently show the power base forming a “unitary structure with the bottle portion” if the batteries are replaceable (Fig. 1F-1G) and a cable formed as part of the powered base (Fig. 1E).
Claim 7 recites “A powered water bottle sleeve comprising: a water bottle portion that surrounds and is secured to an outer surface of a water bottle; and a powered base permanently integrated into the sleeve” which is unclear. Claim 7 suggests that the sleeve comprises the upper part of the sleeve (i.e. water bottle portion), the lower part of the sleeve (powered base) AND the water bottle. It is unclear how a sleeve is a sleeve AND a bottle.
Examiner will examine/interpret as “that is configured to surround and secure to an outer surface of a water bottle “ .
Claims 2-6 and 8-12 are included in this rejection based on their dependence on claims 1 and 7.
Claim Rejections - 35 USC § 103
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.
Claims 1 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ni (US 20180334280) in view of Rhodes (US 20190020207).
As to claim 1, Ni discloses a powered water bottle (Fig. 6-8) comprising: a bottle portion (Fig. 6 a bottle body 10A); and
a powered base located below the bottle portion (Fig. 6 electronic arrangement 30A), wherein the powered base comprises a power source (Fig. 8 energy storage module 3213C) and an output (Fig. 7 3112A), wherein the output is configured to couple the powered base to an external device to supply power to the external device ([0119] and Fig. 7 energy supply module 321A are electrically connected with the energy output connecting member 3112A, so as to electrically connect with an electric device in a wire connecting manner so that the energy being stored by the energy storage module 3213(C) of the energy supply module 321A can be transmitted to the electric device).
Ni does not disclose/teach the powered base integrally formed as a unitary structure with the bottle portion.
Rhodes teaches a powered base integrally formed as a unitary structure with the bottle portion (Fig. 1 and 2 where the base and the water bottle portion are integral).
It would have been obvious to a person of ordinary skill in the art to modify the powered base of Ni to be integrally formed as a unitary structure with the bottle portion in order to streamline manufacturing the water bottle and preventing loss of components.
Additionally, making components integral would have been obvious to a person of ordinary skill in the art MPEP 2144.04 “B. Making Integral”.
As to claim 5, Ni in view of Rhodes teaches the powered water bottle of claim 1 wherein powered base further comprises a cable formed as part of the powered base that is configured to couple to the external device to supply power to the external device ([0134] Fig. 9 of Ni cable attached to mobile device “W” such as a mobile phone).
As to claim 6, Ni in view of Rhodes teaches the powered water bottle of claim 1, wherein the external device is a mobile phone ([0134] of Ni mobile device “W such as a mobile phone) that is charged by coupling the mobile phone to the output of powered base ([0121] and Fig. 9 of Ni .The energy output connecting member 3112A is implemented as a USB interface so that the connecting wire for USB can be used so that the accessories can be shared and exchanged. When the electronic arrangement 30A is electrically connected to an electric device W, the electric energy stored by the electronic arrangement 30A can be transmitted to the electric device W until the electric energy in the electric device W is full or the electric energy stored in the electronic arrangement 30A reaches to a predetermined value, such as zero).
Claims 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ni (US 20180334280) in view of Rhodes (US 20190020207) in view of Ni (US 20170225833) herein after Ni ‘833.
As to claim 2, Ni in view of Rhodes teaches the powered water bottle of claim 1.
Ni in view of Rhodes does not specifically disclose/teach the power source is an internal rechargeable battery.
Ni ‘833 teaches a power source is an internal rechargeable battery (Fig. 10 the rechargeable battery 321).
It would have been obvious to a person of ordinary skill in the art to modify the power source of Ni to be an internal rechargeable battery in order to use old, common and easily available devices used to store and provide energy.
As to claim 3, Ni in view of Ni ‘833 teaches the powered water bottle of claim 2, further comprising an input for supplying power to the internal rechargeable battery to charge the battery ([0119] of Ni When a power source is connected to the energy input connecting member 3111A, the power source can be used to transmit electric energy into the energy storage module 3213A of the energy supply module 321A, so as to charge the electronic arrangement 30A. After the electronic arrangement 30A is charged, the electric energy is stored to the energy storage module 3213A).
As to claim 4, Ni in view of Rhodes teaches the powered water bottle of claim 1.
Ni does not specifically disclose/teach the power source is one or more replaceable batteries.
Ni ‘833 teaches a power source is one or more replaceable batteries [0108] It is appreciated that a replaceable battery or the like can be received in the base casing 31 instead of the rechargeable battery 321 for charging the portable electronic device D).
It would have been obvious to a person of ordinary skill in the art to modify the power source of Ni to be one or more replaceable batteries in order to use old, common and easily available devices used to store and provide energy.
Claims 7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhodes (US 20190020207) in view of Williams (US 20200390658).
As to claim 7, Rhodes disclose a powered water bottle sleeve (Fig. 1-4 beverage container sleeve 1 ([0022]) comprising: a water bottle portion (Fig. 10 the beverage container compartment 10).
a powered base (power bank compartment 20 with power bank 25 ) coupled on a bottom of the water bottle portion that surrounds an outer surface of a water bottle (Fig. 1 power bank compartment 20 with power bank 25 and the beverage container compartment 10 is a beverage container sleeve ([0022])), wherein the powered base permanently integrated into the sleeve (Fig. 1 and 2 where the base and the water bottle portion are integral) comprises a power source (Fig. 2 power bank 25) and an output (charging port 21), wherein the output is configured to couple the powered base to an external device to supply power to the external device (Fig. 1-3 [0020] the power bank 25 is disposed such that at least one of the plug receptacles 26 is aligned in communication with the charging port 21 in the power bank compartment 20. This alignment enables a mobile device charging cable to connect to the plug receptacle 26. [0021] The power bank 25 comprises a rechargeable power cell capable of receiving an electric power charge through a cell charging port 27, storing the power charge, and then discharging the power charge via the plug receptacle 26 to charge a mobile device).
Rhodes does not disclose/teach the water bottle portion and the powered base (i.e. the battery compartment sleeve) are configured to be secured to an outer surface of a water bottle
Williams teaches a sleeve configured to be secured to an outer surface of a beverage container ([0002] a baby bottle holder or sleeve that is configured to attached to the base of the bottle to prevent the bottle from being knocked over or slipping out of a user's hand).
It would have been obvious to a person of ordinary skill in the art to modify the water bottle portion and the powered base (i.e. the battery compartment sleeve) of Rhodes to be configured to be secured to an outer surface of a water bottle in order to prevent the bottle from slipping out of a user's hand ([0002]).
As to claim 12, Rhodes in view of Williams teaches the powered water bottle sleeve of claim 7, wherein the external device is a mobile phone that is charged by coupling the mobile phone to the output of the powered base ([0021] of Rhodes The power bank 25 comprises a rechargeable power cell (not shown) capable of receiving an electric power charge through a cell charging port 27, storing the power charge, and then discharging the power charge via the plug receptacle 26 to charge a mobile device).
Claims 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhodes (US 20190020207) in view of Williams (US 20200390658) in view of Ni (US 20170225833) herein after Ni ‘833.
As to claim 8, Rhodes in view of Williams teaches the powered water bottle sleeve of claim 7.
Rhodes does not specifically disclose/teach the power source is an internal rechargeable battery
Ni ‘833 teaches a power source is an internal rechargeable battery (Fig. 10 the rechargeable battery 321).
It would have been obvious to a person of ordinary skill in the art to modify the power source of Rhodes to be an internal rechargeable battery in order to use old, common and easily available devices used to store and provide energy.
As to claim 9, Rhodes in view of Williams teaches in view of Ni ‘833 teaches the powered water bottle sleeve of claim 8, further comprising an input for supplying power to the internal rechargeable battery to charge the battery ([0021] of Rhodes teaches The power bank 25 comprises a rechargeable power cell capable of receiving an electric power charge through a cell charging port 27. Ni ‘833 teaches the power bank can be a rechargeable battery).
As to claim 10, Rhodes in view of Williams teaches the powered water bottle sleeve of claim 7.
Rhodes in view of Williams does not specifically disclose/teach the power source is one or more replaceable batteries.
Ni ‘833 teaches a power source is one or more replaceable batteries [0108] It is appreciated that a replaceable battery or the like can be received in the base casing 31 instead of the rechargeable battery 321 for charging the portable electronic device D).
It would have been obvious to a person of ordinary skill in the art to modify the power source of Rhodes to be one or more replaceable batteries in order to use old, common and easily available devices used to store and provide energy.
Claim 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhodes (US 20190020207) in view of Williams (US 20200390658) in view of Hiatt (US 20190084751).
As to claim 11, Rhodes in view of Williams teaches the powered water bottle sleeve of claim 7.
Rhodes in view of Williams does not disclose/teach wherein powered base further comprises a cable formed as part of the powered base that is configured to couple to the external device to supply power to the external device.
Hiatt teaches a powered base further comprises a cable formed as part of the powered base that is configured to couple to the external device to supply power to the external device ([0037] FIG. 4. Electrical device interface 410 may be configured to provide contactless charging/wireless charging to a variety of electrical devices using known methods.
It would have been obvious to a person of ordinary skill in the art to modify the powered base of Rhodes to comprise a cable formed as part of the powered base that is configured to couple to the external device to supply power to the external device in order to charge external devices without the need to carry extra equipment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYNESE V MCDANIEL whose telephone number is (313)446-6579. The examiner can normally be reached on M to F, 9am to 530pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taelor Kim can be reached at 571-270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYNESE V MCDANIEL/Primary Examiner, Art Unit 2859