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 .
This Office Action acknowledges the applicant’s amendment filed on 5/7/2026. Claims 1-13,15-16,19-20 and 22-25 are pending in the application. Claims 14, 17-18 and 21 are cancelled. Claims 15-16 and 19-20 are withdrawn from consideration. Claims 22-25 are new.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
Claim Objections
Claim 10 is objected to because of the following informalities: A space is needed between “a” and “storage”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 and 22-25 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.
Claim 1 recites the limitation “a vessel opening for loading the pod”. It is unclear how the vessel opening is for loading the pod. It is assumed for examination purposes; the vessel opening is for loading the vessel. Claims 2-13 and 22-25 are rejected due to their dependence on claim 1.
Claim 25 is considered indefinite since the additional limitations regarding the powder may be infant formula and the liquid may be water, as recited in the claim, raises the question whether the intention is to claim the combination of the powder and liquid with the pod, as opposed to whether the intent is to claim the subcombination of the pod only, and since claim 1 line 2 “a pod for holding” appears to indicate that the subcombination is claimed, this office action presumes that the intention is to claim only the subcombination of the pod, in order to give the claims their broadest reasonable interpretation. Therefore all references in the claims to any powders or liquids to be held are considered to be only statements of intended use with regards to the claimed pod.
Claim Rejections - 35 USC § 102
Claim(s) 1-8, 10, 12-13 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noveletsky US 2020/0288915 A1.
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With regards to claim 1, Noveletsky discloses a system 100, comprising: a pod 40 for holding a powder to be mixed with a liquid, the pod comprising: a pod body 240 having an opening (para. 0045; shown in Fig. 4) for loading the powder into the pod body; and a pod lid 105 that covers the opening, the lid comprising: one or more holes 250; and one or more movable hole covers 130 configured to seal the one or more holes that, when repositioned to a release position, expose the holes and the powder held inside the pod body, and a vessel 10 (para. 0038-0039) configured to contain the liquid into which the powder is to be mixed, the vessel comprising: a vessel body (para. 0038-0039; a sports bottle, water bottle, or the like) for containing the liquid and having a vessel opening (when cap assembly is removed) for loading the pod; and a vessel lid 60 configured to cover the vessel opening and seal the vessel, wherein the pod is configured to allow mixing of the powder when the holes in the lid of the pod are uncovered, the pod holding the powder is immersed in the liquid in the vessel, the vessel is sealed, and the vessel is agitated. (Para. 0036, 0038 and 0045-0047)
The pod holding the powder can be immersed in liquid in the vessel, depending on the liquid and how much of the liquid to be held in the vessel. Since such a limitation is an intended use recitation.
With regards to claim 2, Noveletsky discloses (Fig. 4) discloses the pod body 240 is cylindrical.
With regards to claim 3, Noveletsky discloses (Fig. 4) discloses the pod body 240 comprises a base that is flat.
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With regards to claim 4, Noveletsky discloses (Fig. 8) discloses the base comprises one or more coverable base openings (at 280; shown above).
With regards to claim 5, Noveletsky discloses one or more of the pod body,the pod lid, and the one or more hole covers are a food grade material that is dishwasher safe. (Para. 0040)
In para. 0040, Noveletsky recites any and all portions of mixing container 100 (system including the pod and vessel) may be formed of high density polyethylene or polypropylene, as recited in the present application specification as being a food grade material that is dishwasher safe.
With regards to claim 6, Noveletsky discloses the food grade material comprises one or more of: high density polyethylene (HDP) and polypropylene (PPE). In para. 0040, Noveletsky recites any and all portions of mixing container 100 (system including the pod and vessel) may be formed of high density polyethylene or polypropylene.
With regards to claim 7, Noveletsky discloses (Fig. 4) discloses the pod lid 105 is attachable to the pod body 240 at the opening of the body by a snap closure 220/230.
With regards to claim 8, Noveletsky discloses (Fig. 4-5) discloses a hinge 310 connecting the pod lid 105 to the pod body 240 at the opening.
With regards to claim 10, Noveletsky discloses (Fig. 4) discloses the pod 240 is storable in a storage container.
With regards to claim 12, Noveletsky discloses (Fig. 7 and 9) discloses the one or more hole covers 130 comprise one or more respective plugs (with 180/340) that seal the hole 250 in the pod lid. (Para. 0052)
With regards to claim 13, the system of Noveletsky is capable of holding powder comprising one or more of an electrolyte, a protein supplement, an energy supplement, or infant formula, depending on the powder to be held. (Para. 0036, 0003)
With regards to claim 25, Noveletsky discloses the powder may be infant formula, the liquid may be water, and the vessel may be a baby bottle. (Para. 0036 and 0039)
The powder in Noveletsky can be infant formula and the liquid may be water, depending on the powder and liquid to be held. Since such a limitation is an intended use recitation.
Noveletsky recites in para. 0039, the vessel 10 is a bottle and it also recites the bottle can be a water bottle of having varying volume sizes. Therefore, the bottle may be a bottle for a baby.
Claim(s) 9 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noveletsky US 2020/0288915 A1.
With regards to claim 9, Noveletsky discloses the claimed invention as stated above but it does not specifically disclose the pod lid is attachable to the pod body by screwing the lid onto the opening.
However, Noveletsky discloses other lids 70 that are screwed onto their respective opening.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pod lid in Noveletsky by providing a lid that is screwed on as taught by another lid 70 of Noveletsky for the purposes of providing an alternative type of lid to place over the opening.
With regards to claim 22, although it is not described in the written description, it appears Noveletsky discloses the one or more holes 250 of the pod lid 105 is oblong and is oriented circumferentially about the pod lid.
However, if Noveletsky is found to not have such limitations, it would have been an obvious matter of design choice to have the one or more holes of the pod lid oblong and oriented circumferentially about the pod lid, since applicant’s specification para. 0018, has not disclosed that having the holes arranged in this manner solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the holes arranged as in Noveletsky.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noveletsky US 2020/0288915 A1 in view of KIDD US 2,781,955.
With regards to claim 11, Noveletsky discloses the claimed invention as stated above but it does not specifically disclose the hole cover is attached to the pod lid at a central pivot point, such that the hole cover is rotatable about the pivot point and can be positioned to seal or expose the holes.
However, KIDD teaches that it was known in the art to have a pod 12 have the hole cover 30 attached to the pod lid 10 at a central pivot point (at 31), such that the hole cover is rotatable about the pivot point and can be positioned to seal or expose the holes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the hole cover in Noveletsky by providing the hole cover rotatable about a pivot point of the pod lid as taught by KIDD for the purposes of providing an alternative way of attaching the hole cover to the pod lid.
Claim(s) 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noveletsky US 2020/0288915 A1 in view of Sheehan US 2012/0074003 A1.
With regards to claim 23, Noveletsky discloses the claimed invention as stated above but it does not specifically disclose the vessel further comprises one or more horizontal lines that are raised, etched, or otherwise marked on its interior or exterior.
However, Sheehan (Fig. 2) teaches it was known in the art to have a vessel 110 have one or more horizontal lines 115 that are raised, etched, or otherwise marked on its interior or exterior. (para. 0029-0030)
Noveletsky recites in para. 0039, recites the vessel (bottle) may be sized to hold various volumes of liquids. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vessel (bottle) in Noveletsky by providing one or more horizontal lines as taught by Sheehan for the purposes of informing the user of how much liquid is inside of the bottle.
With regards to claim 24, Sheehan further teaches the lines may be labeled to indicate the amount of liquid present when the liquid's level reaches a particular line. (para. 0029-0030)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 and 22-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20240025620-A1 – discloses fully immersing a pod within the vessel
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 JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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