DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 7-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Upston (U.S. Patent Pub. No. 2021/0177196).
Regarding claim 1, Upson discloses a lid assembly (title) comprising:
a body portion (reference #116) having a head portion (reference #118) and a stem portion downwardly extending from the head portion (reference #120);
a receiving channel circumferentially disposed around the stem portion (reference #154; [0077]);
an aperture disposed through the head portion (figures 2 and 11, reference #174; [0073]);
a cap member removeably received on the aperture (figures 1 and 2, reference #175; [0073]); and
a seal member removably received in the receiving channel (reference #156), wherein the seal member includes a body portion having at least one sweep member outwardly extending therefrom (reference #158).
Regarding claim 2, Upston discloses wherein the receiving channel includes an upper edge (figures 17 and 18, reference #160), a lower edge (figures 17 and 18, reference #162) and an intermediate portion interconnecting the upper edge and the lower edge (figure 17, see where numeral 154 is pointing).
Regarding claim 7, Upston discloses wherein the at least one sweep member includes upper and lower sweep members (figures 16-18, reference #158 and 166).
Regarding claim 8, Upson discloses a lid assembly (title) comprising:
a body portion (reference #116) having an aperture disposed therethrough (figures 2 and 11, reference #174; [0073])), wherein the aperture is defined by a rim portion (figure 14, reference #174 with rim, not labeled); and
a cap member removeably received on the aperture (figures 1 and 2, reference #175; [0073]), wherein the cap member includes a head portion (figure 10, where numeral 175 is pointing) and a sidewall outwardly extending from a lower surface of the head portion to define a receiving well (figure 10, reference #175 with cylindrical wall, not labeled).
Regarding claim 9, Upston discloses wherein the cap member includes at least one interlock feature outwardly extending from an outer surface of the sidewall (figure 10, reference #175 with bumps extending from cylindrical wall, not labeled).
Regarding claim 10, Upston discloses wherein the body portion includes at least one interlock feature disposed along the rim portion thereof (figure 10, reference #174 with recess, bumps and cutouts in cylindrical wall, not labeled).
Regarding claim 11, Upston discloses wherein the at least one interlock feature of the body portion includes at least one an access slot disposed through the rim portion (figures 2, 10 and 11, recess in rim of reference #174, not labeled), and further wherein the at least one interlock feature of the body portion includes first and second engagement members outwardly extending from a lower surface of the rim portion (figures 2 and 10, see bumps in cylindrical wall of reference #174, not labeled).
Regarding claim 12, Upston discloses wherein the first and second engagement members are spaced-apart from one another to define a cradle portion therebetween (figures 2 and 10, see bumps in cylindrical wall of reference #174, not labeled).
Regarding claim 13, Upston discloses wherein the at least one interlock feature of the cap member is received in the cradle portion when the cap member is in a locked position on the body portion (see figure 8, connection between reference #174 and 175).
Regarding claim 14, Upston discloses wherein the first engagement member includes an angled leading portion (figures 2 and 10, see bumps in cylindrical wall of reference #174, not labeled).
Regarding claim 15, Upston discloses wherein the sidewall of the cap member includes ingredient measuring indicia disposed thereon ([0073]).
Regarding claim 16, Upston discloses a lid assembly (title) comprising:
a body portion (reference #116) having a head portion (reference #118) with an aperture disposed therethrough (reference #174) and a stem portion outwardly extending from the head portion (reference #120); and
a cap member removeably received on the aperture (figures 1 and 2, reference #175; [0073]), wherein the cap member includes a head portion (figure 10, where numeral 175 is pointing) and a cup portion outwardly extending from the head portion of the cap member (figure 10, reference #175, not labeled)).
Regarding claim 17, Upston discloses wherein the stem portion includes a receiving channel circumferentially disposed therearound (reference #154; [0077]).
Regarding claim 18, Upston discloses a seal member removably received in the receiving channel (reference #156), wherein the seal member includes a body portion having at least one sweep member outwardly extending therefrom (reference #158).
Regarding claim 19, Upston discloses wherein the body portion and cap member are comprised of a transparent material ([0065]).
Regarding claim 20, Upston discloses wherein the aperture includes a rim portion having an interlock feature and the cap member includes a reciprocal interlock feature to the interlock feature of the rim portion, and further wherein the cap member is operable between locked and unlocked positions relative to the body portion (see figures 2, 10, 11, 14, reference #174 and 175 with recesses and bumps and cutouts in the walls, not labeled).
Claim(s) 8-14, 16, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boozer et al. (U.S. Patent No. 7,753,223).
Regarding claim 8, Boozer et al. discloses a lid assembly (title) comprising:
a body portion (figure 1, reference #12) having an aperture disposed therethrough (figure 1, reference #21), wherein the aperture is defined by a rim portion (figures 3-5, reference #32); and
a cap member removeably received on the aperture (figures 1-3, reference #13), wherein the cap member includes a head portion (figure 3, reference #40) and a sidewall outwardly extending from a lower surface of the head portion to define a receiving well (figure 3, reference #41).
Regarding claim 9, Boozer et al. discloses wherein the cap member includes at least one interlock feature outwardly extending from an outer surface of the sidewall (figures 3 and 8, reference #45).
Regarding claim 10, Boozer et al. discloses wherein the body portion includes at least one interlock feature disposed along the rim portion thereof (figures 3 and 4, reference #35 and 36).
Regarding claim 11, Boozer et al. discloses wherein the at least one interlock feature of the body portion includes at least one an access slot disposed through the rim portion (figures 3 and 4, reference #34 (rounded corners 34 permit reference #45 to pass through as shown in figure 4); column 4, lines 5-40), and further wherein the at least one interlock feature of the body portion includes first and second engagement members outwardly extending from a lower surface of the rim portion (figures 3-5, reference #36).
Regarding claim 12, Boozer et al. discloses wherein the first and second engagement members are spaced-apart from one another to define a cradle portion therebetween (figures 3-5, reference #35).
Regarding claim 13, Boozer et al. discloses wherein the at least one interlock feature of the cap member is received in the cradle portion when the cap member is in a locked position on the body portion (see figure 5, reference #45 between two reference #36; column 4, lines 20-34).
Regarding claim 14, Boozer et al. discloses wherein the first engagement member includes an angled leading portion (figures 3-5, reference #36).
Regarding claim 16, Boozer et al. discloses a lid assembly (title) comprising:
a body portion (figure 1, reference #12) having a head portion (figure 1, reference #20 and 24) with an aperture disposed therethrough (figure 1, reference #21) and a stem portion outwardly extending from the head portion (figure 1, reference #25); and
a cap member removeably received on the aperture (figures 1-3, reference #13), wherein the cap member includes a head portion (figure 3, reference #40) and a cup portion outwardly extending from the head portion of the cap member (figure 3, reference #41).
Regarding claim 19, Boozer et al. discloses wherein the body portion and cap member are comprised of a transparent material (column 3, lines 25-31).
Regarding claim 20, Boozer et al. discloses wherein the aperture includes a rim portion (figures 3-5, reference #32) having an interlock feature (figures 3-5, reference #35 and 36) and the cap member includes a reciprocal interlock feature to the interlock feature of the rim portion (figures 3-5, reference #45), and further wherein the cap member is operable between locked and unlocked positions relative to the body portion (figures 3-5, reference #35, 36 and 45; column 4, lines 5-40).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Upston in view of Hoare et al. (U.S. Patent Pub. No. 2016/0296899).
Regarding claim 3-6, Upston discloses all the limitations as set forth above. However, the reference does not explicitly disclose the plurality of locating recesses in the receiving channel and features in the seal.
Hoare et al. teaches another lid assembly (title). The reference teaches wherein the receiving channel includes a plurality of locating recesses that upwardly extend from the upper edge thereof (figure 30, reference #746); and wherein the body portion of the seal member includes an upper edge, and further wherein the body portion of the seal member includes a plurality of locating features that upwardly extend from the upper edge of the body portion of the seal member (figure 30, reference #745); and wherein each locating feature of the plurality of locating features is received in a reciprocal locating recesses of the plurality of locating recesses of the receiving channel when the seal member is received in the receiving channel (figure 30, reference #745 and 746; [0183]); and wherein the plurality of locating features includes four locating features, and further wherein the plurality of locating recesses includes four locating recesses disposed at corner portions of the receiving channel (figure 3, four reference #745 and four reference #746).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the locating recesses and locating features of Hoare et al. on the receiving channel and seal of Upston. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach lid assemblies. One of ordinary skill in the art would be motivated to provide the locating recesses and locating features in the receiving channel and seal because it ensures an easy cooperation and secure connection between the receiving channel and the seal for fast, easy and secure removal and attachment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774