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 § 103
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 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) 1, 2, 7-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Upston (U.S. Patent Pub. No. 2021/0177196) in view of Altenritter et al. (U.S. Patent Pub. No. 2016/0256003).
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, wherein the cap member includes a cup portion defined by a sidewall having an inner surface and an outer surface (figures 1, 2 and 10, removable lid cap 175, with walls not labeled; [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).
While Upston discloses the removable lid cap may be in the form of a measuring cap ([0073]), Upson does not explicitly disclose the sidewall being transparent, and wherein the cup portion includes at least one ingredient measuring indicia positioned on at least one of the inner surface and the outer surface.
Altenritter teaches another kitchen appliance blender with lid assembly (title; abstract; figure 1). The reference teaches wherein the cap member include a cup portion defined by a transparent sidewall having an inner surface and an outer surface, and wherein the cup portion includes at least one ingredient measuring indicia positioned on at least one of the inner surface and the outer surface (figure 11, #134 and 140; [0074]; [0082]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the cap of Upston to be transparent and include measuring indicia as taught by Altenritter et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach kitchen appliance blenders with lid assemblies. One of ordinary skill in the art would be motivated to modify the cap to be transparent and include measuring indicia such that the user can easily view items being disposed within the inner volume of the removable cap to accurately measure the amount of a particular item being placed within the inner volume of the removable central cap (Altenritter et al. [0082]).
Regarding claim 2, Upston in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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 in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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).
While Upston discloses the removable lid cap may be in the form of a measuring cap ([0073]), Upson does not explicitly disclose at least one ingredient indicia positioned on the sidewall.
Altenritter teaches another kitchen appliance blender with lid assembly (title; abstract; figure 1). The reference teaches at least one ingredient indicia positioned on the sidewall of the cap member (figure 11, #134 and 140; [0074]; [0082]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the cap of Upston to include measuring indicia as taught by Altenritter et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach kitchen appliance blenders with lid assemblies. One of ordinary skill in the art would be motivated to modify the cap to include measuring indicia such that the user can easily view items being disposed within the inner volume of the removable cap to accurately measure the amount of a particular item being placed within the inner volume of the removable central cap (Altenritter et al. [0082]).
Regarding claim 9, Upston in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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 in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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 in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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 in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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 in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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 in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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 in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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)), wherein the cup portion is defined by at least one sidewall (figure 10, wall of cap 175, not labeled).
While Upston discloses the removable lid cap may be in the form of a measuring cap ([0073]), Upson does not explicitly disclose at least one ingredient indicia positioned on the sidewall.
Altenritter teaches another kitchen appliance blender with lid assembly (title; abstract; figure 1). The reference teaches at least one ingredient indicia positioned on the sidewall of the cap member (figure 11, #134 and 140; [0074]; [0082]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the cap of Upston to include measuring indicia as taught by Altenritter et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach kitchen appliance blenders with lid assemblies. One of ordinary skill in the art would be motivated to modify the cap to include measuring indicia such that the user can easily view items being disposed within the inner volume of the removable cap to accurately measure the amount of a particular item being placed within the inner volume of the removable central cap (Altenritter et al. [0082]).
Regarding claim 17, Upston in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further discloses wherein the stem portion includes a receiving channel circumferentially disposed therearound (reference #154; [0077]).
Regarding claim 18, Upston in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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 in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further discloses wherein the body portion and cap member are comprised of a transparent material ([0065]).
Regarding claim 20, Upston in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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. 103 as being unpatentable over Boozer et al. (U.S. Patent No. 7,753,223) in view of Altenritter et al.
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).
However, Boozer et al. does not explicitly disclose at least one ingredient indicia positioned on the sidewall of the cap member.
Altenritter teaches another kitchen appliance blender with lid assembly (title; abstract; figure 1). The reference teaches at least one ingredient indicia positioned on the sidewall of the cap member (figure 11, #134 and 140; [0074]; [0082]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the cap of Boozer et al. to include measuring indicia as taught by Altenritter et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach kitchen appliance blenders with lid assemblies. One of ordinary skill in the art would be motivated to modify the cap to include measuring indicia such that the user can easily view items being disposed within the inner volume of the removable cap to accurately measure the amount of a particular item being placed within the inner volume of the removable central cap (Altenritter et al. [0082]).
Regarding claim 9, Boozer et al. in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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. in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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. in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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. in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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. in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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. in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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 wherein the cup portion is defined by at least one sidewall (figure 3, reference #41).
However, Boozer et al. does not explicitly disclose at least one ingredient indicia positioned on the sidewall of the cap member.
Altenritter teaches another kitchen appliance blender with lid assembly (title; abstract; figure 1). The reference teaches at least one ingredient indicia positioned on the sidewall of the cap member (figure 11, #134 and 140; [0074]; [0082]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the cap of Boozer et al. to include measuring indicia as taught by Altenritter et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach kitchen appliance blenders with lid assemblies. One of ordinary skill in the art would be motivated to modify the cap to include measuring indicia such that the user can easily view items being disposed within the inner volume of the removable cap to accurately measure the amount of a particular item being placed within the inner volume of the removable central cap (Altenritter et al. [0082]).
Regarding claim 19, Boozer et al. in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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. in view of Altenritter et al. discloses all the limitations as set forth above. The reference as modified further 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(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Upston in view of Altenritter et al. as applied to claim 1 above, and further in view of Hoare et al. (U.S. Patent Pub. No. 2016/0296899).
Regarding claim 3-6, Upston in view of Altenritter et al. discloses all the limitations as set forth above. However, the reference as modified 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 before the time of filing 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.
Response to Arguments
Applicant’s arguments, see Remarks, filed 4/1/2026, with respect to the rejection(s) of claim(s) 1, 8 and 16 under 35 USC 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Altenritter et al. which teaches the cap member includes at least one ingredient measuring indicia.
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.
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774
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