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 § 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 7, 10-16 and 20 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 7 recites the limitation "the lower right-shaped cavity". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the bottom outer wall” in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "wherein the outer bottom wall has a lower ring-shaped cavity". It is unclear if this is the same cavity as that of claim 10 or a new and additional lower ring-shaped cavity. For the purposes of examination, the limitation be interpreted as referring to the cavity of claim 10.
Claim 14 recites the limitation "a foot bracket”, “a pair of engaging members”, and “an elastomeric foot member". It is unclear if these are the same foot bracket, pair of engaging members, and foot member as those of claim 10 or new and additional elements to those of claim 10. For the purposes of examination, the limitation be interpreted as referring to those elements of claim 10.
Claim 14 recites the limitation "the lower right-shaped cavity". There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the lower right-shaped cavity". There is insufficient antecedent basis for this limitation in the claim.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US PG Pub No. 2002/0088810 (Murakami hereinafter) in view of US PG Pub No. 2019/0161267 (Getsay et al. hereinafter) and US Patent No. 2,995,267 (Ostrander hereinafter).
In re claim 1, with reference to Figs. 3 and 4, Murakami discloses: An insulated container configured to hold a bottle, the insulated container comprising: a metallic outer shell (10, paragraph 0041) comprising an external sidewall and an outer bottom wall (14); a metallic inner shell (12, paragraph 0041) comprising an inner sidewall and an inner bottom wall (22); the outer shell connected to the inner shell forming an insulated double wall structure with a sealed vacuum cavity between the outer shell and the inner shell (paragraph 0046); the insulated container having a top opening at a top of the inner sidewall that leads into a cavity (36) formed by the inner sidewall and the inner bottom wall.
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Murakami fails to disclose a cylindrical elastomeric disc that is a similar size and shape as the inner bottom wall and is located on the inner bottom wall.
However, with reference to Fig. 26, Getsay et al. discloses an elastomeric disc (960, “neoprene” “silicone” paragraph 0071) similar in size and shape to a bottom wall of a beverage can sleeve member.
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified Murakami to have included an elastomeric disc on a bottom wall as taught by Getsay et al. for the purposes of providing an elastomeric/wicking layer to facilitate advantageous management of condensation from a cold beverage can in a warm environment (Getsay et al. paragraph 0071).
Murakami in view of Getsay et al. fails to disclose a support member located between the outer bottom wall and the inner bottom wall.
However, with reference to Fig. 3, Ostrander discloses an insulating member (10) wherein a fiber glass or glass wool insulation (i.e. ceramic fiber insulation) can be located between spaced walls of the insulating member for further insulation performance benefits (column 2, lines 3-7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized the spaced compartment between the inner and outer shells to receive insulation as taught by Ostrander for the predictable purposes of enhancing the insulation performance of the container in certain circumstances (Ostrander column 2, lines 3-7).
In re claim 5, with reference to the Figs. noted above, Murakami in view of Getsay et al. and Ostrander disclose the claimed invention including wherein the support member comprises a ceramic fiber insulation (fiberglass/glass wool as in re claim 1 above).
In re claim 8, with reference to the Figs. noted above, Murakami in view of Getsay et al. and Ostrander disclose the claimed invention including wherein the cylindrical elastomeric disc (960) includes a top side (see Fig. 26 above), a bottom side opposite the top side, and a circular sidewall (formed by 963, 964, and 965) located between the top side and the bottom side, wherein the bottom side lays flat against the inner bottom wall (i.e. between the can and its supporting wall in Getsay et al.).
Claim(s) 2-4, 6, 7, and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murakami in view of Getsay et al. and Ostrander as applied to claim 1 above, and further in view of US Patent No. 10,729,261 (Ellison et al., of record).
In re claims 2, 3, and 4, with reference to the Figs. noted above, Murakami in view of Getsay et al. and Ostrander disclose the claimed invention except wherein a diameter of the inner bottom wall is within a range of 3.25 inches and 3.75 inches, a height of the inner sidewall is within a range of 8.5 inches and 9 inches, and wherein a ratio of a height of the inner sidewall to a diameter of the inner bottom wall is within a range of 2.2:1 and 2.8:1.
However, with reference to Fig. 11, Ellison et al. teaches an insulating container formed from inner (105) and outer (107) shells with a vacuum therebetween (column 5, lines 25-31), and teaches a ratio of a sidewall height to a diameter within a range of 2:1 and 3:1, and or 2.15:1 and 2.5:1 (column 3, lines 31-35: “In other aspects, the ratio of the height to the diameter may be 2.00-3.00 to 1. In yet other aspects, the ratio of the height to the diameter may be 2.15, 2.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.25, 2.26, 2.27, 2.28, 2.29, 2.30, 2.31, 2.32, 2.33, 2.34, 2.35, 2.36, 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 2.45, 2.46, 2.47, 2.48, 2.49, or 2.50 to 1”).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized the teachings of Ellison et al. to have sized/proportioned the height and diameter of the beverage can-receiving space of Murakami in view of Getsay et al. and Ostrander to have been of a desired range of ratios as claimed, as taught by Ellison et al., and further it would have been obvious to one of ordinary skill in the art at the time of the invention to have sized the beverage can-receiving cavity to approximate the dimensions of a beverage can, such as 3.25-3.75 inches in diameter and 8.5-9 inches in height (and in accordance with the taught ratio range taught by Ellison et al.), since it has been held that the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04 IV, A).
In re claims 6 and 7, with reference to the Figs. noted above, Murakami in view of Getsay et al. and Ostrander disclose the claimed invention except wherein the outer bottom wall has a lower ring-shaped cavity, the lower ring-shaped cavity including a continuous inner cavity wall and a continuous outer cavity wall, and a foot bracket connected to the lower right-shaped cavity, wherein the foot bracket includes a pair of engaging members, and wherein an elastomeric foot member is connected to the foot bracket.
However, with reference to Fig. 11 above, Ellison et al. teaches an outer bottom wall having a lower ring-shaped cavity (103b), the lower ring-shaped cavity including a continuous inner cavity wall and a continuous outer cavity wall (see Fig. 11 above), and a foot bracket (111) connected to the lower right[ring]-shaped cavity, wherein the foot bracket includes a pair of engaging members (113), and wherein an elastomeric foot member (103) is connected to the foot bracket (“rubber or other polymer”, column 3, lines 16-20).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have provided a ring shaped cavity having a bracket with engaging members and a rubber/polymer foot in the outer bottom wall of Murakami in view of Getsay et al. and Ostrander as taught by Ellison et al. for the purposes of increasing friction to prevent slippage from a support surface which would predictably prevent spillage and/or damage to the surface (column 3, lines 16-20). Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to utilized an elastomeric material as the “rubber or other polymer” to increase friction, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07. Please note that in the instant application, paragraph 0057, applicant has not disclosed any criticality for the claimed limitations.
In re claim 10, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander and Ellison et al. disclose: An insulated container configured to hold a bottle, the insulated container comprising: a metallic outer shell comprising an outer sidewall and an outer bottom wall (as in re claim 1 above), wherein the bottom outer wall has a lower ring-shaped cavity, the lower ring-shaped cavity including an inner cavity wall, an outer cavity wall, and a bottom cavity wall; a foot bracket connected to the lower ring-shaped cavity, wherein the foot bracket includes a pair of engaging members, and wherein an elastomeric foot member is connected to the foot bracket (as In re claims 6-7 above); a metallic inner shell defining an inward facing surface comprising an inner sidewall and an inner bottom wall, wherein the inner bottom wall includes a planar central region (at Murakami 22, see Fig. 3); the outer shell being integrally joined to the inner shell forming an insulated double wall structure with a sealed vacuum cavity between the outer shell and the inner shell (as in re claim 1 above); the insulated container having a top opening extending into a cavity; a support member located between the outer bottom wall and the inner bottom wall, wherein the support member is located adjacent the inner cavity wall; and a cylindrical elastomeric disc that is a similar size and shape as the inner bottom wall and is located on the inner bottom wall (as in re claim 1 above).
In re claim 11, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander and Ellison et al. disclose the claimed invention including wherein a diameter of the inner bottom wall is within a range of 3.25 inches and 3.75 inches and a height of the inner sidewall is within a range of 8.5 inches and 9 inches (as in re claims 2 and 3 above).
In re claim 12, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander and Ellison et al. disclose the claimed invention including wherein the support member comprises a ceramic fiber insulation (as in re claim 5 above).
In re claim 13, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander and Ellison et al. disclose the claimed invention including wherein the outer bottom wall has a lower ring-shaped cavity, the lower ring-shaped cavity including a continuous inner cavity wall and a continuous outer cavity wall (as in re claims 6 and 7 above).
In re claim 14, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander and Ellison et al. disclose the claimed invention including wherein a foot bracket connected to the lower right-shaped cavity, wherein the foot bracket includes a pair of engaging members, and wherein an elastomeric foot member is connected to the foot bracket (as in re claims 6 and 7 above).
In re claim 15, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander and Ellison et al. disclose the claimed invention including wherein the cylindrical elastomeric disc includes a top side, a bottom side opposite the top side, and a circular sidewall located between the top side and the bottom side, wherein the bottom side lays flat against the inner bottom wall (as in re claim 8 above).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murakami in view of Getsay et al. and Ostrander as applied to claim 8 above, and further in view of US Patent No. D947,623 (Zhang, of record).
In re claim 9, with reference to the Figs. noted above, Murakami in view of Getsay et al. and Ostrander disclose the claimed invention except wherein the top side of the cylindrical elastomeric disc includes a honeycomb design that includes a plurality of cavities that are each in the shape of a hexagon.
However, with reference to Figs. 1 and 9, Zhang discloses a coaster including a honeycomb design formed by a plurality of cavities in the shape of a hexagon.
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have provided a pleasing aesthetic design to the disc of Murakami in view Getsay et al. and Ostrander as taught by Zhang, and regarding the limitation(s) to the claimed aesthetics/ornamentation, note that MPEP 2144.04, I, the court found that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In the current specification at paragraph 0073, Applicant has not stated criticality for the claimed limitations (“the cavities 384 in the top side 382 of the dampener 380 may have other designs and/or shapes such as pentagons, squares, rectangles, circles, ovals, slots, or other geometric shapes. The top side 382 of the dampener 380 may also have no specific design, i.e. may be flat.”)
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murakami in view of Getsay et al., Ostrander and Ellison et al. as applied to claim 15 above, and further in view of Zhang.
In re claim 16, with reference to the Figs. noted above, Murakami in view of Getsay et al. and Ostrander and Ellison et al. disclose the claimed invention except wherein the top side of the cylindrical elastomeric disc includes a honeycomb design that includes a plurality of cavities that are each in the shape of a hexagon.
However, with reference to Figs. 1 and 9, Zhang discloses a coaster including a honeycomb design formed by a plurality of cavities in the shape of a hexagon.
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have provided a pleasing aesthetic design to the disc of Murakami in view Getsay et al., Ostrander and Ellison et al. as taught by Zhang, and regarding the limitation(s) to the claimed aesthetics/ornamentation, note that MPEP 2144.04, I, the court found that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In the current specification at paragraph 0073, Applicant has not stated criticality for the claimed limitations (“the cavities 384 in the top side 382 of the dampener 380 may have other designs and/or shapes such as pentagons, squares, rectangles, circles, ovals, slots, or other geometric shapes. The top side 382 of the dampener 380 may also have no specific design, i.e. may be flat.”)
In re claim 17, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander, Ellison et al. and Zhang disclose: An insulated container configured to hold a bottle, the insulated container comprising: a metallic outer shell comprising an external sidewall and an outer bottom wall; a metallic inner shell comprising an inner sidewall and an inner bottom wall (as in re claim 1 above), wherein a diameter of the inner bottom wall is within a range of 3.25 inches and 3.75 inches and a height of the inner sidewall is within a range of 8.5 inches and 9 inches (as in re claims 2 and 3 above); the outer shell connected to the inner shell forming an insulated double wall structure with a sealed vacuum cavity between the outer shell and the inner shell; the insulated container having a top opening at a top of the inner sidewall that leads into a cavity formed by the inner sidewall and the inner bottom wall; a cylindrical elastomeric disc that is a similar size and shape as the inner bottom wall and is located on the inner bottom wall (as in re claim 1 abobve), wherein the cylindrical elastomeric disc includes a top side, a bottom side opposite the top side, and a circular sidewall located between the top side and the bottom side, wherein the bottom side of the cylindrical elastomeric disc lays flat against the inner bottom wall (as in re claim 8 above), and further wherein the top side of the cylindrical elastomeric disc includes a honeycomb design that includes a plurality of cavities that are each in the shape of a hexagon (as in re claim 9 above); and a support member located between the outer bottom wall and the inner bottom wall (as in re claim 1 above).
In re claim 18, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander, Ellison et al. and Zhang disclose the claimed invention including wherein the support member comprises a ceramic fiber insulation (as in re claim 5 above).
In re claim 19, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander, Ellison et al. and Zhang disclose the claimed invention including wherein the outer bottom wall has a lower ring-shaped cavity, the lower ring-shaped cavity including a continuous inner cavity wall and a continuous outer cavity wall (as in re claim 6 above).
In re claim 20, with reference to the Figs. noted above, Murakami in view of Getsay et al., Ostrander, Ellison et al. and Zhang disclose the claimed invention including wherein a foot bracket connected to the lower right-shaped cavity, wherein the foot bracket includes a pair of engaging members, and wherein an elastomeric foot member is connected to the foot bracket (as in re claim 7 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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/ANDREW T KIRSCH/Primary Examiner, Art Unit 3733