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 .
Election/Restrictions
Claims 28-41 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/6/25.
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.
Claim(s) 21, 22 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell (U.S. Pub. No. 20070176069) in view of Diaz (U.S. Patent No. 8333300).
Regarding Claim 21, Mitchell discloses bottle sleeve (figure 13) comprising: a sleeve body 86 (Figure 13); Mitchell does not disclose a magnet housing extending from the sleeve body, the magnet housing having a magnet disposed therein; and a strike plate channel formed on the magnet housing, wherein the strike plate channel is configured to receive a metal and/or magnetic strike plate. However, Diaz teaches a magnet housing 106 (Figure 10) extending from the sleeve body, the magnet housing having a magnet 104 (Figure 10) disposed therein; and a strike plate channel (space which magnet is placed, figure 10) formed on the magnet housing, wherein the strike plate channel is configured to receive a metal and/or magnetic strike plate (figure 10; opening which the magnet fits into). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mitchell to include the above as taught by Diaz, in order to provide a strong attachment for magnets.
Regarding Claim 22, Mitchell teaches all the limitations substantially as claimed except for a second magnet housing extending from the sleeve body, the second magnet housing having a second magnet disposed therein; and a second strike plate channel formed on the second magnet housing, wherein the second strike plate channel is configured to receive a second metal and/or magnetic strike plate. However, Diaz teaches a second magnet housing 106 (Figure 10) extending from the sleeve body (when combined with Mitchell sleeve), the second magnet housing having a second magnet disposed therein 104 (Figure 10); and a second strike plate channel (space which the magnet is placed, figure 10) formed on the second magnet housing, wherein the second strike plate channel is configured to receive a second metal and/or magnetic strike plate (Figure 10). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mitchell to include the above as taught by Diaz, in order to provide a strong attachment for magnets.
Regarding Claim 27, Mitches discloses air pressure equalizing vents (upper opening (Figure 13) and 2300 (Figure 23)).
Claim(s) 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell (U.S. Pub. No. 20070176069) in view of Diaz (U.S. Patent No. 8333300) and Brown (U.S. Patent No. 8960125).
Regarding Claim 23, Mitchell and Diaz teach all the limitations substantially as claimed except for a band and/or ring anchor integrated into the sleeve. However, Brown teaches a band anchor 23 (Figure 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mitchell and Diaz to include the above as taught by Brown, in order to allow multiple objects to be carried.
Regarding Claim 24, Mitchell and Diaz teach all the limitations substantially as claimed except for the band anchor and the sleeve body form an opening configured to receive an accessory. However, Brown teaches an opening configured to receive an accessory (figure 1, space between band 23 and the sleeve). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mitchell and Diaz to include the above as taught by Brown, in order to allow multiple objects to be carried.
Regarding Claim 25, Mitchell and Diaz teach all the limitations substantially as claimed except for a tracking device compartment. However, Brown teaches a tracking device compartment (pocket, column 4, lines 16-18). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mitchell and Diaz to include the above as taught by Brown, in order to allow objects to be carried.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell (U.S. Pub. No. 20070176069) in view of Diaz (U.S. Patent No. 8333300) and Cross (U.S. Pub. No. 20150250684).
Regarding Claim 26, Mitchell and Diaz teach all the limitations substantially as claimed except for shock absorbing bumpers. However, Cross teaches shock absorbing bumpers 11 (figure 6; paragraph 11). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mitchell and Diaz to include the above as taught by Cross, in order to prevent damage when the sleeve is dropped.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733