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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/27/2026 has been entered.
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.
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buck (US20130228486A1) and further in view of Bayss (US20080230541A1).
Regarding claim 1, Buck teaches a color changing sippy cup or bottle comprising (fig.1 shows the bottle container 100):
a container body with a bottom end, with an upper end opposing the bottom end, with a body length separating the bottom and upper ends, of a thermochromic material and with a lid removably coupled to the upper end of the container body and having an erected spout thereon for removal of liquid housed in the container body, wherein the thermochromic material generates (see annotated fig.1 of Buck below that shows the container with a body that has bottom and upper ends on opposite sides of each other and a lid and the container can be made form a thermochromic material and the upper end of the body has an erected spout to remove the liquid housed in the container body. “The container cavity may contain a thermal liner, paper liner, or any other type of liner. The cavity may include a single or double wall for extra insulative effect or for any other reason. Thermal sensitive plastics, for example thermochromics may also be utilized to show how hot or cold the item in the container is.”-0008):
a first color (“the thermochromic is hot, for example in Red”-0008);
a second color (“would be shown in Blue for example if the contents of the container were not hot”-0008) when a temperature is less than 57 0F; and
a third color, wherein the first color, the second color, and the third color are different from one another (the colors are based on user description and can be any colors depending on the contents of the container so there can be third color “These colors are exemplary and any color including transparent may be chosen to represent hot and cold in any embodiment of the invention.”-0008). Buck does not teach wherein the first color correlates to temperature between a temperature range between 570F – 870 F, second color correlates to when a temperature is less than 57 0F and third color when a temperature is greater than 87 0F.
Bayss does teach wherein the wherein the first color correlates to temperature between a temperature range between 570F – 870 F, second color correlates to when a temperature is less than 57 0F and third color when a temperature is greater than 87 0F (Bayss teaches the thermochromic material that displays different colors at different ranges of temperatures; “It is possible to select a particular combination of colour(s) to indicate most desired temperatures. One possible use of the lid is one with a safe cold colour (such as blue), a colour which indicates that the beverage is at the right temperature to drink (such as orange), and a third colour (such as red) which indicates that the beverage is too hot.”-0063, Bayss and in 0063 shows the ranges of temperature including 350C which is 950F, 00C which is 320F and 150C which is 590F). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Buck by adding the teaching of specific temperature ranges as disclosed by Bayss in order to provide the user with different options of colors such as one temperature for being too hot, one temperature for being too cold and one temperature for being just right to consume.
Annotated fig.1 of Buck
PNG
media_image1.png
810
930
media_image1.png
Greyscale
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Buck as modified in claim 1 further teaches wherein the thermochromic material spans from the bottom end, toward the upper end, and substantially the body length (fig.1 shows the container body with bottom and upper ends that are opposite of each and has a length and the thermochromic plastics can be spanning the body length “Thermal sensitive plastics, for example thermochromics may also be utilized to show how hot or cold the item in the container is.”-0008).
Response to Arguments
Applicant's arguments filed 03/27/2026 have been fully considered but they are not persuasive. Applicant argues on page 4 that to modify the lid in Buck to teach the currently claimed structure of applicant’s lid designed for children is not based on rational underpinnings and teaches away from Bucks invention is not persuasive because as stated in the rejection above the only element that is modified the at what temperature the color changes, not structural changes were make to the primary art. Applicant also argues about their own invention being a children’s bottle with a upright nipple or sippy cup spout “for removal of liquid housed in the container body” however applicant has not claimed anything regarding that structure. Claims recites “ a color changing sippy cup or bottle” and the prior art is a color changing bottle. Applicant has not defined enough structure to get over the prior art. To help explain the art better examiner has included a annotated figure to show how broad the claim can be read. Applicant argues that Byss teaches a lid not a container body is not persuasive because the Byss is used for the material and the changing of its color which is applied to the entirety of container of Buck. Applicant also argues that prior art does not teach the teaching recited in the motivation statement above is not persuasive as the teaching for the combination does not have to directly recited in the prior art. If one skilled in the art would make that connection that both are thermochromic material for telling temperature then one skilled in the art would definitely make that connection. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Applicant also argues that Buck and Byss are towards different problems and provide different solutions making them non-analogous art is not persuasive since both deal with temperature of liquids. In response to applicant's argument that Buck and Byss is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, both arts deal with changing of color with respect to temperature.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY STASHICK can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PRINCE PAL/Examiner, Art Unit 3735