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 .
Response to Arguments
All previous 35 USC 112s have been overcome.
Applicant's arguments filed 7/31/2025 in response to Office Action 5/1/2025 have been fully considered but they are not persuasive for at least the following reason:
Regarding claim 10, Applicant argues that the amendments overcome the prior art (page 8). Examiner disagrees. Please see a detailed analysis in the rejection below. Applicant also argues that secondary prior art Smith performs a different function so cannot perform the claimed function of holding a phone (page 9). However, 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.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an applications CN202322045108.X filed 7/31/2023 and CN202322609795.3 filed 9/25/2023. It is noted, however, that applicant has not filed a certified copy of either application as required by 37 CFR 1.55.
Claim Objections
Claim 10 is objected to because of the following informalities. Appropriate correction is required.
Regarding claim 10,
page 2, lines 3 and 4 from bottom, “rightward” should read “in a rightward direction”.
page 4, line 3, “one end” should read “each end”, and “near” should be more specific to avoid 35 USC 112 relative term of degree issues.
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 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 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 10-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20200397167 by Chan (hereinafter “Chan”) in view of US Pub 20150173539 by Mason (hereinafter “Mason”) in view of US Pub 20220097916 by Smith et al. (hereinafter “Smith”).
Regarding claim 10, Chan teaches a flip-open straw cup (Fig 1, 12), comprising: a flip-open straw cup lid (Fig 1, a lid assembly capable of flipping open for a cup and having a straw is shown), a cup body (body of 12),
a cup lid body (Fig 1, lid body 1);
a lock catch structure provided on the cup lid body (Fig 9, [0050], a lock catch structure is a push button mechanism comprising 7);
a first flipping member provided on the cup lid body (Fig 5, a first flipping member is second cover 11) in a flipping manner (Figs 9-10 show flipping 11) and provided with a first straw segment (Fig 5, a first straw segment is the outlet of spout 2 (i.e. proximal the label 2));
a second flipping member provided on the first flipping member (Fig 5, a second flipping member is push part 8) in a flipping manner (Figs 9-10 show flipping 8) and provided with a mounting end (Fig 5, a mounting end is a portion of 8 proximal the label 8) fitting the lock catch structure (Figs 9-10 show the mounting end fitting lock catch structure 7); wherein
when the first flipping member (11) is located on a flipping trajectory (flips along a trajectory) of the second flipping member (8) flipping towards the first straw segment, the second flipping member flips towards the first straw segment (Figs 9-10 show flipping 8 toward the first straw segment outlet of 2) to abut against the first flipping member (Figs 4-5 show 8 abutting 11), so that the second flipping member and the first straw segment are in a non-contact arrangement (Fig 4, 8 does not contact the first straw segment outlet of 2, Fig 10);
a first positioning portion is provided at an upper left end of the first flipping member (see examiner annotated Chan Figures 4-5, hereinafter “EAFC45”; EAFC45, first positioning, is a portion at an upper left end of first member 11), and a second positioning portion is provided at a right side of the second flipping member (EAFC45, second positioning, is a portion at a right side of second member 8),
a first hinge shaft (EAFC45 & Fig 5, a first hinge shaft for 8 is shown) and a second hinge shaft (EAFC45 & Fig 5, a second hinge shaft for 11 is shown) are provided on both a left side and a right side of an end of the first flipping member (Fig 4, the hinge shafts are shown on a left and right side (i.e. two of each shaft exist)), a hinge hole is provided on both a left side and a right side of an end of the second positioning portion, after the first positioning portion and the second positioning portion fit each other (EAFC45 & Fig 4, the first and second positioning portions are shown fit to each other, and a hinge hole in 8 (one for each first hinge shaft) is shown on a left and right side of the second positioning portion), the first hinge shaft is inserted into the hinge hole (Fig 4 shows the first hinge shafts inserted into their corresponding hinge holes), the first hinge shaft and the second hinge shaft are arranged in a staggered manner (EAFC45, the shafts are shown staggered), a position of the first hinge shaft is higher than the second hinge shaft (EAFC45 & Fig 10, the first shaft is shown higher than the second shaft), and the second hinge shaft is hinged with an inner wall of a straw stowing groove of the cup lid body (Fig 10 shows this);
when the first flipping member (11) and the first straw segment are flipped to a stowed state (Fig 10 shows stowed state), and when the second flipping member (8) covers the first straw segment to abut against the first flipping member (Figs 4 & 10, 8 covers first straw abuts first flipping), the mounting end is lockably connected with the cup lid body by the lock catch structure (Figs 9-10 show the mounting end lockably fitting lock catch structure 7), so that the first flipping member and the second flipping member are both fixed on the cup lid body (Fig 10, both 11 and 8 are fixed in place when 8 is locked to 7); and
when the lock catch structure is unlocked from the mounting end, the mounting end is separated from the cup lid body (Fig 10), so that the first flipping member flips relative to the cup lid body and the second flipping member flips relative to the first flipping member (Fig 10, [0051], 7 unlocks from 8 causing “spout 2 to bounce under elasticity”, meaning opens, so since 2 herein moves with 11, 11 flips relative to 1, while 8 flips relative to 11);
the lock catch structure comprises
an unlocking button, the unlocking button is mounted on the cup lid body (Fig 10, button 7), the mounting end is provided with a first fitting portion (Figs 9-10, the mounting end of 8 includes a first fitting portion), the first fitting portion is provided with a through hole penetrating a left side and a right side (Fig 9, a through hole channel is shown from a left to a right side of 8), the unlocking button is provided with a second fitting portion (Figs 9-10, the button 7 includes a second fitting portion), the unlocking button is slotted at an upper end and the second fitting portion is integrally formed at a right end of the slot (Fig 9, a slot of 7 is in an upper end of the second fitting portion of 7, which is integral at a right end of the slot); and
the first fitting portion and the second fitting portion to snap-fit so as to lock the first flipping member and the second flipping member (Figs 9-10 show that the two fitting portions lock together – necessarily in a snap fit as shown – so that both 11 and 8 are fixed in place when 8 is locked to 7), and the unlocking button is pressed rightward to move the second fitting portion rightward to release from the through hole of the first fitting portion so as to achieve release of the fit between the first fitting portion and the second fitting portion so that the first flipping member is flipped relative to the cup lid body, and the second flipping member is flipped relative to the first flipping member (see above, same relative motions);
the flip-open straw cup lid is mounted at a cup rim of the cup body (Fig 15 shows mounted), the cup body is provided with a stowing side and a support side (12 has two sides),
PNG
media_image1.png
757
957
media_image1.png
Greyscale
But Chan does not explicitly teach a particular unlock button reset structure.
Mason, however, teaches a similar container comprising:
an unlocking button is slidably mounted on the cup lid body (Figs 1-3, [0032], button 135 mounted in a cup body is slidably actuated by the user), a reset member is fitted between the cup lid body and the unlocking button (Fig 3, reset member spring 310), and the reset member drives the unlocking button to move to cause a snap fit (Fig 3, [0028], 310 drives “biases” 135 to move and be capable of snap fit, given the snap fit geometry of a first and second fitting portion).
The purpose of a slidable button is increase fatigue life of the otherwise integral button of Chan. 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 flexible push button of Chan with to be a slidable push button as taught by Mason in order to advantageously increase fatigue life over Chan’s plastic button flexing by having a metal spring and more rigid plastic button.
In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chan such that the flexible push button is a slidable push button like Harris as it is no more than a simple substitution of one latch type for another that is known in the art for securing a lid and would only produce the predictable results of locking and unlocking a lid via engaging a snap fit latch. MPEP 2143 I-B.
But Chan/Mason does not explicitly teach a particular handle.
Smith, however, teaches a flip-open straw cup lid comprising:
a lifting handle (Fig 14, handle assembly 18),
the lifting handle comprises a first lifting handle portion (Fig 14, 18A) and a second lifting handle portion (Fig 14, 18B) arranged to extend along a circumferential direction of the cup body (Fig 1 shows 18B extending along a circumferential direction of a cup body 24, and 18A extends axially along the cup body), a first end of the first lifting handle portion is hinged to the cup body or the straw cup lid (Fig 14, pivot 90 is in each end of 18A), and both ends of the second lifting handle portion are connected to a second end of the first lifting handle portion (handle is an integral piece, so first and second portions are necessarily connected); and the lifting handle further comprises a clamping groove provided on the first lifting handle portion and arranged away from the second lifting handle portion (Fig 14, groove is hook 86 capable of clamping according to Applicant’s definition; examiner notes “clamping” in light of Applicant’s specification is not literal because the groove is a static structure, so any force for clamping depends not on its structure as much as the object of choice inserted);
the lifting handle is pivoted to a stowing side position to form a first state for stowing the lifting handle (Fig 1, stowed state);
the lifting handle is pivoted above the cup body to form a second state for carrying or hanging the cup body (Fig 10, state for carrying or hanging shown); and
the lifting handle is pivoted to a direction opposite to the first state to form a third state in which the second lifting handle portion abuts the support side of the cup body (Fig 1 shows stowed state, but the opposite side can necessarily be achieved due to pivotability, and abuts the cup body) so that the clamping groove is exposed for stowing an article to form a stand (Fig 1, groove 86 is exposed and capable of stowing/standing an article between inner walls 86A and 86B of support bodies and through opening 88);
the first lifting handle portion (Fig 14, 18A) comprises handle arms located on both sides of the cup body and two connecting segments respectively connected to a second end of each of the handle arms (“arm” portions and “segment” portions of 18A exist),
the second lifting handle portion (Fig 14, 18B) comprises a cup-lifting segment, each of the connecting segments is respectively arranged at the connecting segments at both ends of the cup-lifting segment (“cup-lifting segment” portion of 18B exists),
a first end of each of the handle arms is hinged to both opposite sides of the cup body or both opposite sides of the straw cup lid (Fig 14, pivot 90), and each of the connecting segments is respectively connected to the second ends of the two handle arms (above cited arms and segments portions are of the one lifting handle 19, so connected as claimed); and
when the lifting handle is located on the stowing side (Fig 1, stowing side/state), each of the handle arms and each of the connecting segments are arranged to extend axially along the cup body (Fig 1 shows 18A portions extend axially along the cup body), the cup-lifting segment is arranged circumferentially along the cup body (Fig 1 shows 18B extending along a circumferential direction of a cup body 24), and the connecting segment or cup-lifting segment is provided with the clamping groove (Fig 14, groove 86);
and two stands are provided and are arranged at one end of the connecting segment (segment of 18A) near the cup-lifting segment (segment of 18B) so as to ensure that a mobile phone is placed without contact with the cup body (two formed stands 86 are capable of not allowing phone contact to container), and a spacing is present between the two stands (the two 86 are spaced by a spacing in between them).
The purpose of a handle is to make the container easier to carry. 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 body of Chan with a handle as taught by Smith in order to advantageously increase ease of carrying versus wrapping a user’s hand around the smooth slick wide cylindrical body, and beneficially allow hanging onto other structures versus the cup resting on a dirty ground or allowing tripping.
Regarding claim 11, Chan/Smith further teaches the stand (Smith, one of the two stands 86) comprises a first support body, and an inner side surface of the first support body and an inner side surface of the first lifting handle portion or the second lifting handle portion facing the stand serve as inner walls of the clamping groove respectively (Smith, Fig 14, inner walls 86A and 86B of groove 86). See details in the parent claim 10 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 12, Chan/Smith further teaches the stand (Smith, one of the two stands 86) further comprises a second support body (Smith, Fig 14, a second support body of the stand that is the groove is a portion of groove 86 of 18A), the second support body is arranged on a support surface of the first support body, the inner side surface of the first support body, an inner side on the second support body and the inner side surface of the first lifting handle portion or the second lifting handle portion facing the stand combine to form the clamping groove (Smith, the clamping groove 86 is formed of surfaces of first and second support body), and the clamping groove is provided with a loading opening (Smith, Fig 14, 88); and when the lifting handle is located on the support side, the loading opening is configured to insert an object into the clamping groove (Smith, Fig 1, groove 86 is exposed and capable of stowing/standing an article through 88), the object is clamped (Smith, examiner reiterates, “clamped” mainly depends upon the users object of choice) and supported by the clamping groove (Smith, capable of supporting), and the second support body is arranged to extend upwards (Smith, Fig 1, 86 extends upward, 88 opening upward, so second body of it does too). See details in the parent claim 10 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 15, Chan/Smith further teaches the lifting handle (Smith, Fig 14, 19) and the stand (Smith, Fig 14, one of the two stand/groove 86) are integrally formed (Smith, Fig 14, handle is an integral piece). See details in the parent claim 10 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub 20200397167 by Chan (hereinafter “Chan”) in view of US Pub 20150173539 by Mason (hereinafter “Mason”) in view of US Pub 20220097916 by Smith et al. (hereinafter “Smith”) and in view of US Pub 20220250798 by Norvilas et al. (hereinafter “Norvilas”).
Regarding claim 14, Chan/Smith further teaches the cup body is cylindrical (Chan, Fig 1, cup body 12 is cylindrical),
But Chan/Mason/Smith does not explicitly teach that the cup-lifting segment (Smith, Fig 14, segment of 18B) is arranged in a circular arc shape.
Norvilas, however, teaches a similar container comprising: a circular handle segment (Fig 1, a segment at label 470 of handle 470) conforming to and abutting a cylindrical cup (Fig 1, [0035], 470 “engages” container 10).
The purpose of a curved handle is to save space when the container is stowed. 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 handle segment of Smith to be a circular arc as taught by Norvilas in order to advantageously save space when stowed in a storage, thereby also reducing risk of damage from unintentionally swinging the handle open.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ERIC C BALDRIGHI whose telephone number is (571)272-4948. The examiner can normally be reached M-F 7:30-5:00 EST.
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 on 5712705055. 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.
/ERIC C BALDRIGHI/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733