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.
Claim(s) 1-5, 10-12, 14-16, 18, 22, 24, 25, 28 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iverson et al. (US-20220218137-A1) in view of Hadaway (US-5664745-A)..
Iverson discloses:
Claim 1: A drinking vessel (100) comprising: i) one or more walls defining a cavity for holding a liquid for consumption (par. 0054); ii) a base (103) upon which the drinking vessel can be stood; and iii) a load cell (309) for measuring the quantity of liquid in the cavity (par. 0065); wherein the load cell comprises, or is rigidly coupled to, a leg (at 307) that protrudes below the base, such that when the drinking vessel is stood upright on a flat surface, the drinking vessel is supported by the leg and at least a portion (at 308) of the base (Fig. 3E) wherein the base comprises an aperture and the leg protrudes through the aperture in the base (Fig. 3E).
Iverson fails to teach a flexible membrane that covers the aperture in the base, wherein a distal end of the leg protrudes through the aperture sufficiently so as to engage the flexible membrane when the drinking vessel is stood upright on a flat surface and when the drinking vessel is lifted up into the air, wherein the flexible membrane continuously applies a strain to the load cell even when the drinking vessel is lifted up into the air, and wherein the flexible membrane is dome-shaped.
Hadaway teaches that it is known in the art to manufacture a drinking vessel with a flexible membrane (38) that covers the aperture in a base (Fig. 3), wherein a distal end of a leg protrudes through the aperture sufficiently so as to engage the flexible membrane when the drinking vessel is stood upright on a flat surface and when the drinking vessel is lifted up into the air (Figs. 3, 4), wherein the flexible membrane continuously applies a strain to the load cell even when the drinking vessel is lifted up into the air (col. 2, lines 30-51), and wherein the flexible membrane is dome-shaped (Fig. 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the vessel with a flexible membrane, as taught by Hadaway, in order to protect the components of the vessel and in order to seal areas of the vessel.
Claim 2: The drinking vessel of claim 1, wherein the load cell is rigidly mounted to an anchor point that is spatially fixed, in use, relative to the cavity for holding a liquid for consumption (Fig. 5F, par. 0085).
Claim 3: The drinking vessel of claim 2, wherein the load cell comprises a body having a first end that is rigidly mounted to the anchor point and a second end that is cantilevered; wherein all the components are coupled together (par. 0085).
Claim 4: The drinking vessel of claim 1, wherein the base comprises one or more feet (308) such that when the drinking vessel is stood upright on a flat surface, the drinking vessel is supported by the leg and the one or more feet (Fig 3E).
Claim 5: The drinking vessel of claim 4, wherein the feet of the base are rigid (par. 0085, in that is can maintain shape).
Claim 10: The drinking vessel of claim 1 wherein the flexible membrane is dome-shaped (Hadaway, Fig. 3).
Claim 11: The drinking vessel of claim 1,wherein the drinking vessel comprises a first part (at 102) and a second part (at 103) that can be coupled together and decoupled from each other; the first part comprising the one or more walls defining the cavity for holding a liquid for consumption; and the second part comprising the load cell and the base (Fig. 2B).
Claim 12: The drinking vessel of claim 11, wherein the one or more walls of the first part further define a lower cavity (at 200) for receiving at least a portion of the second part when the first part and the second part are coupled together.
Claim 14: The drinking vessel of claim 11, wherein the second part comprises a housing comprising one or more side walls, an upper wall and a lower wall, the lower wall forming the base of the drinking vessel (Fig. 3A).
Claim 15: The drinking vessel of claim 14, wherein the load cell is spatially fixed relative to the cavity for holding a liquid for consumption when the first part and the second part are coupled together (Fig. 3A).
Claim 16: The drinking vessel of claim 1, wherein the drinking vessel, comprises a processor; the load cell being operably connected to the processor (par. 0065).
Claim 18: The drinking vessel of claim 29, wherein the processor is configured to prevent current flow to the load cell until a movement of the drinking vessel is sensed by the accelerometer (pars 0065-0066).
Claim 22 (Currently Amended): The drinking vessel of claim 16, wherein the drinking vessel, comprises a wireless communication means operably connected to the processor (par. 0047).
Claim 24: A first part (102) for the drinking vessel according to claim 1,wherein the first part comprises the one or more walls defining the cavity for holding a liquid for consumption, and complementary connection means, for connecting the first part to a second part comprising the base (Fig. 2B, par. 0056).
Claim 25: A second part (at 103) of a drinking vessel, wherein the second part comprises a base upon which the second part can be stood and a load cell; wherein the load cell comprises, or is rigidly coupled to, a leg that protrudes below the base, such that when the second part is stood upright on a flat surface, the base is supported by the leg and at least a portion of the base (Fig. 3A), wherein the base comprises an aperture and the leg protrudes through the aperture in the base, the second part further comprising a flexible membrane (Hadaway, 38) that covers the aperture in the base (Hadaway, Fig. 3) and a distal end of the leg protrudes through the aperture sufficiently so as to engage the flexible membrane when the second part is stood upright on a flat surface and when the second part is lifted up into the air ()Hadaway, Figs. 3, 4); wherein the flexible membrane continuously applies a strain to the load cell even when the second part is lifted up into the air (Hadaway, col. 2, lines 30-51).
Claim 28: The drinking vessel of claim 12, wherein the first part and the second part comprise complementary connection means (par. 0056).
Claim 29: The drinking vessel of claim 1, wherein the drinking vessel comprises a processor and an accelerometer, the load cell and the accelerometer being operably connected to the processor (par. 0065)..
Allowable Subject Matter
Claim 27 is 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.
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument that Hadaway does no teach the membrane applying a strain, the frictional connection between the material of the components would create strain to the degree currently claimed. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art.
Conclusion
THIS ACTION IS MADE FINAL. 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 JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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, Nathan Jenness can be reached at (571)270-5055. 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.
/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733
Prosecution Insights