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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on September 21, 2023 and September 17, 2024 have been considered by the examiner.
Claim Objections
Claim 9 objected to because of the following informalities:
The numbering should be written as follows for consistency with the rest of the claims: “Structure 1”, “Structure 2”, “Structure 3”, “Structure 3”, “Structure 4”, and “Structure 5”. 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.
Claim 1 is 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 repeatedly recites “universal” connectors, joints, and rotation fits. It is unclear what the metes and bounds of this phrase entails. For examination purposes, the examiner has interpreted “universal” in light of the specification to refer to any substantially spherical or round element that allows for some degree of rotation.
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 1-2 and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wegger et al. (WO 2009112552 A1, hereinafter “Wegger”), in view of Bauman (US 0241183 A), further in view of Lynd (US 5586676 A).
Regarding Claim 1, Wegger discloses: A cover opening and closing member (Abstract, A lid assembly for a cup or other suitable container, said lid assembly comprising a cup-like portion comprising a cylindrical portion having an upper free edge and attachment means which are suitable for sealably connecting said cup-like portion of the lid assembly to a cup or other container), comprising:
a connection rod, a cover connector (Annotated Figures 2-3, Page 4, lines 14-18, The lid element 4 is a relatively flat and thin disk like element which is arranged to fit inside the cylindrical side wall of the cup-like element. In the upright position of the cup, the lid element rests on the base portion. A rod 10 is attached to and extends from the lower surface of the lid element), a supporting joint (Annotated Figures 2-3, Page 5, lines 1-3, The rod has a groove 12 located below the base element. An o-ring 13 is arranged in the groove and prevents the lid element from "falling out" of the lid assembly when the cup is tilted past the horizontal), and a pendulum (Annotated Figures 2-3, Page 4, lines 24-30, The rod 10 acts as a mass element with a centre of mass located underneath the base element. This will force the lid element to pivot when the lid assembly is tilted away from the vertical orientation shown in figures 1-4),
wherein, the cover connector is configured to be in rotation fit with a connection portion on a container cover (Page 4, lines 17-19, A rod 10 is attached to and extends from the lower surface of the lid element. The rod is arranged inside a hole 11 in the centre of the base portion), (Page 5, lines 14-20, The actual centre portion of the lid element (or the portion of the rod which is arranged in the hole in the base element) will therefore pivot about an axis which is perpendicular to the longitudinal axis of the cup-like portion and simultaneously translate along the longitudinal axis of the cup-like portion. This is therefore not a pure pivot motion, but a combination of a pivot and displacement. This should however be understood as being within the scope of this specification)
the cover connector comprises a first rotation mating surface that is in rotation fit with a second rotation mating surface of the connection portion (Page 4, lines 17-24, A rod 10 is attached to and extends from the lower surface of the lid element. The rod is arranged inside a hole 11 in the centre of the base portion. The rod is arranged such that it can pivot about the centre of the hole about many different axes which are perpendicular to the longitudinal axis of the cylindrical side wall portion (or cylindrical portion for short). In a sense, the rod is prevented from significant axial displacements with respect to the base element, but is otherwise free to pivot freely);
the supporting joint is configured to be in rotation fit (Page 5, lines 1-3, The rod has a groove 12 located below the base element. An o-ring 13 is arranged in the groove and prevents the lid element from "falling out" of the lid assembly when the cup is tilted past the horizontal) with a supporting cavity on a supporting frame (Figure 4, circular base portion 5) in a container internal cavity of a container body (Page 4, lines 5-8, The lid assembly 2 comprises a cup-like element 3 and a lid element 4. The cup-like element comprises a circular base portion 5 and a cylindrical side wall 6 portion. The circular base portion 5 has through going openings 7 which allow liquid to flow through the base portion), (Page 4, lines 17-22, A rod 10 is attached to and extends from the lower surface of the lid element. The rod is arranged inside a hole 11 in the centre of the base portion. The rod is arranged such that it can pivot about the centre of the hole about many different axes which are perpendicular to the longitudinal axis of the cylindrical side wall portion (or cylindrical portion for short).
wherein the cover connector, the supporting joint, and the pendulum are sequentially arranged on the connection rod at intervals (Annotated Figures 2-3).
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Wegger, Annotated Figures 2-3
As disclosed above, Wegger discloses a cover opening and closing member with various connection elements and structures that allow for pivoting and rotational movement, but does not explicitly disclose universal connections and joints.
Bauman, as best understood based on the 35 U.S.C. 112(b) issue identified above, does disclose a cover universal connector:
wherein, the cover universal connector is configured to be in universal rotation fit with a universal connection portion on a container cover (Lines 38-40, To the transverse piece B is hinged at e the lid f, as shown in Fig. 1, and lids gg, as shown in Fig. 2),
the cover universal connector comprises a first universal rotation mating surface that is in universal rotation fit with a second universal rotation mating surface of the universal connection portion (Line 41-47, To the under side of the lids f gg, near their point of pivot, is a weighted rod, h, the axis of which is arranged at such angle with relation to the plane of the lids that in the act of pouring from the pitcher the lid will, through the medium of the weighted rod h, rise and close down in the act of ceasing to pour)
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Bauman’s spherical connection elements with the lid assembly disclosed by Wegger to provide an alternative joint that allows for additional degrees of movement without impeding the functionality of the lid (Lines 14-17, a detachable lid, which will automatically rise while in the act of pouring from said pitchers or jugs and close down over the lip of the pitcher or jug when ceasing to pour).
Wegger in view of Bauman disclose all of the above limitations, and the spherical connection elements demonstrated by Bauman could additionally be incorporated into the supporting universal joint, as an alternative joint connection means.
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Bauman, Figures 2 and 3
However, if the Applicant is not convinced, Lynd does disclose a supporting universal joint (Column 3, lines 46-50, As can be appreciated from FIG. 2, the cap has an inner surface 50, with a stirrer 55 downwardly depending therefrom. The stirrer is attached to a stirrer receptacle 57 which preferably is formed as part of the inner surface 50 of the cap 10. Preferably the stirrer receptacle is generally cylindrical), wherein:
the supporting universal joint is configured to be in universal rotation fit with a supporting universal cavity on a supporting frame in a container internal cavity of a container body (Figure 4, Column 3, lines 60-64, The stirrer receptacle has both an inner surface 65 and an outer surface 66, with a groove or indentation 68 in the inner surface located at approximately the vertical mid-point of the stirrer receptacle. A pair of notches 70 and 71 are located at the bottom edge 72 of the stirrer receptacle 57).
Similar to Bauman, Lynd discloses a lid assembly with alternative joints and connection means. It would have been obvious to one skilled in the art before the effective filing date to incorporate the supporting joint taught by Lynd with the spherical connections taught by Bauman and the overall lid assembly disclosed by Wegger. The stirrer receptacle provides additional structure and a securer attachment element for the connection rod and pendulum rotations.
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Lynd, Figure 4
Regarding Claim 2, the modified Wegger discloses all of the limitations of Claim 1. Bauman further discloses: comprising at least one of the following forms:
in form 1, each of the cover universal connector, the supporting universal joint and the pendulum is a sphere, and the first universal rotation mating surface is a spherical surface (Lines 38-40, To the transverse piece B is hinged at e the lid f, as shown in Fig. 1, and lids gg, as shown in Fig. 2);
in form 2, the cover universal connector and the pendulum are respectively disposed at both ends of the connection rod (Line 41-47, To the under side of the lids f gg, near their point of pivot, is a weighted rod, h, the axis of which is arranged at such angle with relation to the plane of the lids that in the act of pouring from the pitcher the lid will, through the medium of the weighted rod h, rise and close down in the act of ceasing to pour);
in form 3, the pendulum is provided with a heater receiving cavity for receiving a heater that is configured to enable the pendulum to heat water in the container internal cavity
Regarding Claim 5, the modified Wegger discloses all of the limitations of Claim 1. Lynd further discloses: wherein the universal connection portion comprises a second universal rotation mating surface that is in universal rotation fit with the first universal rotation mating surface of the cover universal connector of the cover opening and closing member (Figure 4, Column 3, lines 60-64, The stirrer receptacle has both an inner surface 65 and an outer surface 66, with a groove or indentation 68 in the inner surface located at approximately the vertical mid-point of the stirrer receptacle. A pair of notches 70 and 71 are located at the bottom edge 72 of the stirrer receptacle 57).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the descriptive structural elements taught by Lynd so as provide a clearer means of attachment for the modified Wegger universal connection portions.
Regarding Claim 6, the modified Wegger discloses all of the limitations of Claim 5. Wegger further discloses: wherein the container cover comprises at least one of:
situation 1, the universal connection portion is a spherical cavity with an inlet/outlet, and the second universal rotation mating surface is an inner spherical surface of the spherical cavity;
situation 2, the universal connection portion comprises a wire passing passage;
situation 3, circumferential edges of the cover body comprise a ring-shaped convex spherical segment (Abstract, A lid assembly for a cup or other suitable container, said lid assembly comprising a cup-like portion comprising a cylindrical portion having an upper free edge and attachment means which are suitable for sealably connecting said cup-like portion of the lid assembly to a cup or other container), and the ring-shaped convex spherical segment is configured to be in universal sliding fit with a ring-shaped concave spherical segment on edges of a cover port of a container body (Page 4, lines 14-17, The lid element 4 is a relatively flat and thin disk like element which is arranged to fit inside the cylindrical side wall of the cup-like element. In the upright position of the cup, the lid element rests on the base portion);
situation 4, the cover body comprises an air exhaust passage and an air intake passage for feeding air into the container internal cavity of the container body.
Regarding Claim 7, the modified Wegger discloses all of the limitations of Claim 6. Wegger further discloses: wherein in situation 3, the circumferential edges of the cover body comprise an annular sealing ring , and the annular sealing ring comprises the ring-shaped convex spherical segment (Page 6, lines 5-7, A circular seal 16 is arranged between the cup-like element and the cup in order to prevent liquid from leaking out of the cup at the connection between the cup-like element and the cup).
Regarding Claim 8, the modified Wegger discloses all of the limitations of Claim 6. Wegger further discloses: the supporting universal cavity comprises openings at both ends in an axial direction (Page 4, lines 17-22, A rod 10 is attached to and extends from the lower surface of the lid element. The rod is arranged inside a hole 11 in the centre of the base portion. The rod is arranged such that it can pivot about the centre of the hole about many different axes which are perpendicular to the longitudinal axis of the cylindrical side wall portion (or cylindrical portion for short)).
Regarding Claim 9, the modified Wegger discloses all of the limitations of Claim 8. Wegger further discloses: wherein the container body comprises at least one of the following structures:
structure 1, the supporting universal cavity is a spherical frustum cavity;
structure two, the supporting frame comprises a plurality of radial supporting rods that are spaced from each other in a circumferential direction, wherein radial inner ends of the plurality of radial supporting rods are connected together to form a center connection portion, and radial outer ends of the plurality of radial supporting rods are connected to an inner surface of the container internal cavity, wherein the supporting universal cavity is formed on the center connection portion;
structure three, edges of the openings at two ends of the supporting universal cavity are respectively formed with a cutout recess;
structure four, edges of the cover port comprise a ring-shaped concave spherical segment that is configured to be in universal sliding fit with the ring-shaped convex spherical segment at the circumferential edges of the container cover (Page 4, lines 5-8, The lid assembly 2 comprises a cup-like element 3 and a lid element 4. The cup-like element comprises a circular base portion 5 and a cylindrical side wall 6 portion. The circular base portion 5 has through going openings 7 which allow liquid to flow through the base portion), (Page 6, lines 5-7, A circular seal 16 is arranged between the cup-like element and the cup in order to prevent liquid from leaking out of the cup at the connection between the cup-like element and the cup);
structure five, a bottom wall and a ring-shaped side wall of the container body are connected by a ring-shaped convex cambered wall, and the convex cambered wall comprises a convex cambered outer surface that is configured to be in contact with a concave cambered inner surface of a built-in heating cavity on a heating base of the container, and the convex cambered outer surface and the concave cambered inner surface are matched in shapes.
Allowable Subject Matter
Claims 3-4 and 10-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 3 and 4, modified Wegger discloses the limitations of Claim 2, but does not disclose “form 3, the pendulum is provided with a heater receiving cavity for receiving a heater that is configured to enable the pendulum to heat water in the container internal cavity”.
None of the prior art of record (applied individually or in combination) teaches said limitation as is claimed by the applicant, nor does the prior art render said limitation obvious. Modifying the structure of any of the above references or a particular combination of them in order incorporate a heating element would not be an obvious modification, nor is it commonly recognized in the art of covers and lids to have heated pendulums. As such, no prior art rejection was made for Claims 3 and 4.
Regarding Claim 10, the modified Wegger discloses all of the limitations of Claim 1, but does not disclose the supporting universal joint is in universal rotation fit with the supporting universal cavity; wherein, the cover opening and closing member is enabled to be at a vertical position to cover the container cover on the cover port of the container body; when the container body is tilted in any direction, the connection rod is always kept at the vertical position by the pendulum, the cover universal connector is enabled to universally rotate relative to the universal connection portion through universal support of the supporting frame, so as to drive the container cover to slide upward relative to the cover port of the container body to be opened.
This specific structure and functionality is achieved to an extent by the modified Wegger through the mass elements disclosed by Wegger (Page 4, lines 24-30, The rod 10 acts as a mass element with a centre of mass located underneath the base element. This will force the lid element to pivot when the lid assembly is tilted away from the vertical orientation shown in figures 1-4), and Bauman (Line 41-47, To the under side of the lids f gg, near their point of pivot, is a weighted rod, h, the axis of which is arranged at such angle with relation to the plane of the lids that in the act of pouring from the pitcher the lid will, through the medium of the weighted rod h, rise and close down in the act of ceasing to pour). However, the connector is not explicitly stated to be able to drive the container cover to slide upward relative to the cover port of the container body to be opened through the universal support of the supporting frame.
None of the prior art of record (applied individually or in combination) teaches this limitation as is claimed by the applicant, nor does the prior art render said limitation obvious. Modifying the structure of any of the above references or a particular combination of them in order to incorporate the specific claimed structure and functionality would not be an obvious modification. As such, no prior art rejection was made for Claim 10 and subsequent dependent Claims 11-15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kohler (US 9211982 B2) discloses a closure device for a container that incorporates a suspended pendulum for maintaining a closed seal
Bodum (US 20130010568 A1) discloses a beverage maker with an actuation rod that has a plurality of support joints and connection elements
Hellman (US 2007049 A) discloses a lid for a bottle that incorporates a spherical, pendulum element
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MISHAL Z HUSSAIN whose telephone number is (703)756-1206. The examiner can normally be reached M-F, 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy S. Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MISHAL HUSSAIN/
Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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