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 § 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 1-20 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 1 recites the limitation "the cup" in line 7. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it is assumed that the cup body is a container body.
Claims 2-20 are rejected as depending from claim 1 and therefore incorporating the indefinite scope.
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) 1-4, 12-13, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ross (US 2,373,917 A) in view of KR 20090011995 U.
Regarding claim 1, Ross discloses a beverage container, comprising: a container body (10); a handle connector (14) provided at an outer surface of the container body, wherein the handle connector has a first locking groove (15); a foldable handle (17) pivotally coupled at the handle connector to pivotally move between a folded position and an unfolded position (Figs. 3 and 4), wherein in the folded position, the foldable handle is folded flat on the cup body (Fig. 3), and in the unfolded position, the foldable handle is outwardly extended from the cup body (Fig. 4).
Ross does not specifically disclose a locking assembly which comprises a locking button slidably coupled at the foldable handle between a locked position and an unlocked position, wherein the locking button comprises a locking latch extended toward the connector body to selectively engage with the first locking groove, wherein when the locking button is actuated to disengage the locking latch with the first locking groove, the foldable handle is unlocked and allowed to move between the folded position and the unfolded position, wherein when the locking button is actuated to engage the locking latch with the first locking groove, the foldable handle is locked at the unfolded position.
KR 20090011995 U demonstrates a device having a handle connector and a pivoting handle including a locking button (300) slidably coupled at the foldable handle between a locked position (fully extended) and an unlocked position (retracted against biasing member 400), wherein the locking button comprises a locking latch (330) extended toward the connector body to selectively engage with the first locking groove (133), wherein when the locking button is actuated to disengage the locking latch with the first locking groove, the foldable handle is unlocked and allowed to move between the folded position and the unfolded position, wherein when the locking button is actuated to engage the locking latch with the first locking groove, the foldable handle is locked at the unfolded position (Fig. 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Ross and replace the handle connector and locking mechanism with one similar to that KR 20090011995 U because such a change would require the mere replacement of one known pivoting handle structure for another and would have yielded predictable results. Additionally, the structure of KR 20090011995 U include an additional locking groove to lock the handle in the folded position which would prevent accidental deployment thereof.
Regarding claim 2, modified Ross, and specifically KR 20090011995 U demonstrates the handle connector further has at least a second locking groove (134) positioned away from the first locking groove (133), wherein when the locking button is actuated to disengage the locking latch with any one of the first and second locking grooves, the foldable handle is unlocked and allowed to move between the folded position, wherein when the locking button is actuated to engage the locking latch with the second locking groove, the foldable handle is locked at the folded position.
Regarding claims 3-4, modified Ross and specifically KR 20090011995 U discloses the handle connector comprises a connector body having a folding cavity (131), and a folding shaft (260/132) supported in the folding cavity, wherein a free end (230) of the foldable handle is received in the folding cavity of the connector body and is pivotally coupled with the folding shaft so as to enable the foldable handle to pivotally move between the folded position and the unfolded position.
Regarding claim 12, modified Ross and specifically KR 20090011995 U discloses the foldable handle further has a sliding slot (211) provided at a free end thereof, wherein the locking button (300) is slidably engaged with the sliding slot (via 310) to guide the locking button being slid between the locked position and unlocked position.
Regarding claim 13, modified Ross and specifically KR 20090011995 U discloses the sliding slot has a predetermined length that when the locking button is slid along the sliding slot away from the handle connector (Fig. 4), the locking button is moved in the unlocked position to allow the foldable handle to pivotally move between the folded position and the unfolded position, and when the locking button is slid along the sliding slot toward the handle connector, the locking button is moved in the locked position to lock up the foldable handle at one of the folded position and the unfolded position (Fig. 4).
Regarding claim 20, modified Ross discloses the container cup is a thermos cup (noting a vacuum bottle is considered a thermos).
Allowable Subject Matter
Claim 5-11 and 14-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/M.T.T./Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734