DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/20/2025 has been entered.
Response to Arguments
Applicant's arguments filed 10/20/2025 in response to Office Action 7/23/2025 have been fully considered but they are not persuasive for at least the following reason:
Regarding claims 1 and 8, Applicant argues that the amended semicircle shape of the depression is not taught by primary prior art Wichelhaus, and if anything Wichelhaus is oval (page 6 para last, and pages 8-9 for secondary prior art Chang). Examiner points out “semicircle” is new matter (see below for rejection and interpretation) since the Applicant’s depression perimeter is not a semicircle.
Regarding claims 1 and 8, Applicant argues that locator depression 33 of primary prior art Wichelhaus cannot receive a fruit wedge (page 7 para 1). Examiner disagrees, pointing out a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claims 1 and 8, Applicant argues that the amended at least two raised surfaces are not taught (page 7 paras 1-2). Examiner disagrees. The only two raised surfaces between (“from” “to” as claimed) the lid locator depression and lid rim are the surfaces defining the depression and rim, and the prior art has the rim and depression so has the surfaces. Please see a detailed analysis in the rejection below.
Claim Objections
Claims 1, 4, 8 and 13-14 are objected to because of the following informalities. Appropriate correction is required.
Regarding claims 1 (line 14) and claim 8 (line 12), “the perimeter” should read “a perimeter”.
Regarding claim 1, line 16 first two words "the cover" should read "a cover".
Regarding claims 4 and 13-14, line 2 “a rim” should read “the rim” to match their parent claim amendment.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-2, 4-9 and 11-16 are rejected under 35 U.S.C. 112(a) as failing to comply with the new matter requirement. The new matter “semicircle” must be canceled.
Regarding claim claims 1 and 8, third to last line, the amendment “semicircle” is new matter and insufficiently supported. The term is too narrow, the Applicant only has support for “semicircular”. The written specification is silent, so it is a picture claim, and the drawings are not disclosed as being to scale. A semicircle is exactly half a circle, but the claim states the rivet is in the “midpoint” of the lid. The top end perimeter of the depression 220 (Fig 2b) is mostly concentric with the circular lid rim, so for the whole perimeter (“the perimeter” claimed) of 220 to be a semicircle its midpoint would be shared with that of the lid rim, but the straight line of 220 does not intersect the rivet midpoint/center, so 220 cannot be exactly half a circle. In other words, the straight line of 220 is a chord not a circle’s diameter. For example since the line is a chord, mirroring the circular perimeter side across the line creates an oval/ellipse, not a circle. This is not a 35 USC 112b because the drawings are clear that the most supported possible interpretation is also similar: “semicircular”.
Claims 2, 4-7, 9 and 11-16 are also rejected for depending upon a rejected parent claim.
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.
Claims 2 and 11 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 2 and 11, “a raised rim” is unclear over the parent amendment “a rim located near the depression” as to being the same rim or a different rim or portion thereof the Applicant is seeking to claim. The terminology is different yet there appears to be only one such lid rim disclosed, therefore the claim is rendered indefinite. Examiner interprets them as the same one rim in light of Applicant’s specification.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 5-9, 11-12, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub 20060163254 by Wichelhaus (hereinafter “Wichelhaus”).
Regarding claim 1, Wichelhaus teaches a container for a beverage (Fig 9, drink can 10) comprising:
a body including a first end (Fig 9, a first end portion proximal rim 2 and 11) and a second end (Fig 9, a second end portion proximal rim 3);
a lid disposed on the first end of the body (Fig 9, lid plate 11) and configured for squeezing a fruit wedge (the lid plate is capable of having a fruit wedge squeezed against it);
a bottom disposed on the second end of the body (Fig 9, bottom 3 and 40);
a rivet at approximately a midpoint on a top surface of the lid (Fig 7, top rivet 15 is approximately central);
a squeeze tab connected by the rivet to the lid (Fig 8, tab 14 is shown capable of squeezing as evidenced by “pressing” portion 17 [0059]), the squeeze tab having a first end (Fig 2, wider end having depression 30) and a second end (Fig 2, end nearer the rivet) and including a tab depression on the first end of the squeeze tab distal from the rivet (Figs 6-7, squeeze tab closure 31 depression 30), the first end being wider than the second end (Fig 2, first wider end shown wider than second end proximal the rivet);
a locator depression in the lid shaped to receive and limit movement of the fruit wedge and disposed on the top surface of the lid (Fig 7, lid receiving depression 33 locates the tab depression 30 (i.e. 33 is where 30 is located), is capable of limiting a fruit wedge movement by its shaped structure),
the tab depression on the squeeze tab located above the locator depression on the lid (Fig 7, 30 is above 33) and the lid is configured with
at least two raised surfaces from the locator depression to a rim near the locator depression (see examiner annotated Wichelhaus Figure 8, hereinafter “EAFW8”; EAFW8, at least two raised surfaces are shown from between the depression 33 and a rim 2 that is near 33; wherein examiner notes that “raised” is a relative term not specifying directionality of the raising, so examiner interprets as raised from/above the depression; also this is an interpretation that aligns in light of Applicant’s specification [0050-51], Figs 2b-2h, wherein there are no other features except surfaces of “raised walls” forming/defining the lid rim and the locator depression (like raised wall 222));
a raised wall on at least one side of the locator depression (EAFW8, reinforcing shoulder 38 is shown as a wall raised from 33 (and is/defines one of said raised surfaces, as cited above)), the raised wall in part defining a location for locating the fruit wedge therein (Figs 6-7, lid depression 33 with 38 is shown wedge shaped and spaced from 31 so that the resulting gap is capable of placing a fruit wedge in), the perimeter of the wall forming a semicircle (Fig 6, 38 is shown semicircular at a top end perimeter from viewer perspective; see 35 USC 112 above for interpretation “semicircular”),
a cover in the lid connected to a groove defining an edge of the cover (Fig 7, breakout portion 22 of the lid defined by a groove-edge break line 12 covers opening 13b before being broken-out (Fig 2, cover 22 is part of Figure 6 [0035])); and an opening in the lid sealed by the cover (Fig 9, 22 seals an opening 13b before being broken-out by being unbroken solid material).
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Regarding claim 2, Wichelhaus further teaches a raised rim surrounding an edge of the lid (Fig 7, a rim 2 is raised above and surrounds a perimeter edge of 11 (and is defined at least partially by the other of at least raised surfaces)), engaging the container (Fig 9, the rim engages the container).
Regarding claim 5, Wichelhaus further teaches the squeeze tab (14) is actuatable from a first position substantially parallel to the lid (Fig 7, 14 is shown in a first position substantially parallel to 11), to a second position wherein a portion of the squeeze tab engages the cover to open the opening in the lid (between Figs 7 and 8, with [0035], a second position of 14 is actuation of a pressing portion 17 of 14 engaging 22 to make opening 13b be an opening).
Regarding claim 6, Wichelhaus further teaches the tab depression (30) on the squeeze tab forms a convex bulge on a side of the squeeze tab opposite to the tab depression (Fig 7, 30 is shown as both a depression along a top surface of 14 and a convex bulge along a bottom surface of 14 (i.e. the depression necessarily forms a convex at least partially curved outward bulge when simply changing a viewpoint, like flipping the drawing upside-down)).
Regarding claim 7, Wichelhaus further teaches the locator depression is wedge-shaped for locating the fruit wedge therein (Figs 6-7, lid depression 33 is shown wedge shaped (at least partially tapers) and spaced from 31 so that the resulting gap is capable of placing a fruit wedge in).
Regarding claim 8, Wichelhaus teaches a beverage container lid (Fig 9, brink can 10 lid plate 11), comprising:
a rivet at approximately a midpoint on a top surface of the lid (Fig 7, top rivet 15 is approximately central);
a squeeze tab connected by the rivet to the lid (Fig 8, tab 14 is shown capable of squeezing as evidenced by “pressing” portion 17 [0059]), the squeeze tab having a first end (Fig 2, wider end having depression 30) and a second end (Fig 2, end nearer the rivet) and including a tab depression on a first end of the squeeze tab distal from the rivet (Figs 6-7, squeeze tab closure 31 depression 30), the first end being wider than the second end (Fig 2, first wider end shown wider than second end proximal the rivet);
a locator depression shaped to receive a fruit wedge in the lid and limit the movement of the fruit wedge disposed on the top surface of the lid (Fig 7, lid receiving depression 33 locates the tab depression 30 (i.e. 33 is where 30 is located), is capable of limiting a fruit wedge movement by its shaped structure), and the lid is configured with
at least two raised surfaces from the locator depression shaped to receive the fruit wedge to a rim near the locator depression shaped to receive the fruit wedge (EAFW8, at least two raised surfaces are shown from between the depression 33 and a rim 2 that is near 33; wherein examiner notes that “raised” is a relative term not specifying directionality of the raising, so examiner interprets as raised from/above the depression; also this is an interpretation that aligns in light of Applicant’s specification [0050-51], Figs 2b-2h, wherein there are no other features except surfaces of “raised walls” forming/defining the lid rim and the locator depression (like raised wall 222));
the tab depression on the squeeze tab is located above the locator depression on the lid (Fig 7, 30 is above 33), and;
a raised wall on at least one side of the locator depression shaped to receive the fruit wedge (Fig 7, reinforcing shoulder 38 is shown as a wall raised from 33), the raised wall in part defining a location, the perimeter of the wall forming a semicircle (Fig 6, 38 is shown semicircular at a top end perimeter from viewer perspective; see 35 USC 112 above for interpretation “semicircular”) for locating the fruit wedge as a beverage garnish to add a flavor profile to a beverage in the container using the squeeze tab (Figs 6-7, lid depression 33 with 38 is shown wedge shaped and spaced from 31 so that the resulting gap is capable of placing a fruit wedge in).
Regarding claim 9, Wichelhaus further teaches the beverage container lid (11) is attached to a beverage container (Fig 9, 11 is shown attached to 10) comprising a body including a first end (Fig 9, a first end portion proximal rim 2) and a second end (Fig 9, a second end portion proximal rim 3) with the lid disposed on the first end of the body (Fig 9, 11 is on the first end), and a bottom disposed on the second end of the body (Fig 9, bottom 3 and 40).
Regarding claim 11, Wichelhaus further teaches a raised rim surrounding an edge of the lid (Fig 7, a rim 2 is raised above and surrounds a perimeter edge of 11 (and is defined at least partially by the other of at least raised surfaces)).
Regarding claim 12, Wichelhaus further teaches a cover in the lid connected to a groove defining an edge of the cover (Fig 7, breakout portion 22 of the lid defined by a groove-edge break line 12 covers opening 13b before being broken-out (Fig 2, 22 is part of Figure 6 [0035])); and an opening in the lid sealed by the cover (Fig 9, 22 seals an opening 13b before being broken-out by being unbroken solid material).
Regarding claim 15, Wichelhaus further teaches the squeeze tab (14) is actuatable from a first position substantially parallel to the lid (Fig 7, 14 is shown in a first position substantially parallel to 11), to a second position wherein a portion of the squeeze tab engages the cover to open the opening in the lid (between Figs 7 and 8, with [0035], a second position of 14 is actuation of a pressing portion 17 of 14 engaging 22 to make opening 13b be an opening).
Regarding claim 16, Wichelhaus further teaches the tab depression on the squeeze tab forms a convex bulge on a side of the squeeze tab opposite to the tab depression (Fig 7, 30 is shown as both a depression along a top surface of 14 and a convex bulge along a bottom surface of 14 (i.e. the depression necessarily forms a convex at least partially curved outward bulge when simply changing a viewpoint, like flipping the drawing upside-down)).
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 4 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20060163254 by Wichelhaus (hereinafter “Wichelhaus”) in view of US Pat 6450359 issued to Chang et al. (hereinafter “Chang”).
Regarding claims 4 and 14 (similar limitation, different dependency), Wichelhaus does not explicitly teach a particularly sloped surface from the locator depression (Wichelhaus, Fig 7, lid depression 33) to the rim near the cover (Wichelhaus, Figs 2 and 7, part of rim 2 proximal cover 22).
Chang, however, teaches a flat surface from a high point to a low point proximate to a rim near a cover (Figs 12d and 12f, col 5, lines 4-5, “[lid] Platform 42 has an overall slope from the front side (opening hole side) moving upward toward the backside (pull tab side)”; meaning at least a surface of lid platform 42 is shown flat sloped from a highest point proximate a rim portion (left from viewer perspective) to its lowest point proximate an opposite rim portion near a cover (right from viewer perspective)).
The purpose of a sloped surface is to reduce spills by angling any liquid flow downward toward the cover opening and the preferred drinking area. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lid of Wichelhaus with a slope as taught by Chang in order to advantageously make the lid high enough to reduce the leaking problem when drinking (Chang, col 5, lines 9-10) keeping residual liquid away from the user’s nose, and facilitates the feeding of lids on the production line (Chang, col 5, lines 42-43).
Regarding claim 13, Wichelhaus does not explicitly teach a particularly sloped surface from the locator depression (Wichelhaus, Fig 7, lid depression 33) to the rim near the cover (Wichelhaus, Figs 2 and 7, part of rim 2 proximal cover 22).
Chang, however, teaches a sloped surface from a high point to a low point proximate to a rim near a cover (Figs 12d and 12f, col 5, lines 4-5, “[lid] Platform 42 has an overall slope from the front side (opening hole side) moving upward toward the backside (pull tab side)”; meaning at least a surface of lid platform 42 is sloped from a highest point proximate a rim portion (left from viewer perspective) to its lowest point proximate an opposite rim portion near a cover (right from viewer perspective)).
The purpose of a sloped surface is to reduce spills by angling any liquid flow downward toward the cover opening and the preferred drinking area. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lid of Wichelhaus with a slope as taught by Chang in order to advantageously make the lid high enough to reduce the leaking problem when drinking (Chang, col 5, lines 9-10) keeping residual liquid away from the user’s nose, and facilitates the feeding of lids on the production line (Chang, col 5, lines 42-43).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC C BALDRIGHI whose telephone number is (571)272-4948. The examiner can normally be reached M-F 7:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached on 5712705055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC C BALDRIGHI/Examiner, Art Unit 3733
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