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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/10/2025 has been entered.
Response to Arguments
All previous objections and a 35 USC 112 rejection have been overcome.
Applicant's arguments filed 12/10/2025 in response to Office Action 10/15/2025 have been fully considered but they are not persuasive for at least the following reason:
Regarding claims 1, 20 and 25, Applicant argues that primary prior art Lin does not teach a spring, then cites the “spiral spring 7” of Lin (page 11, para 1). Please see a detailed analysis in the rejection below.
Applicant argues that since Lin appears to have two user selections and the second one performs the first functional claim limitation, it cannot be a “first selection” (page 12 of (i), line 4). Examiner disagrees, the functional claim limitation as written is met as cited by Lin. Applicant assumes some order is claimed, but merely differing states are claimed. Please see a detailed analysis in the rejection below.
Applicant argues that the bottom surface of the housing of Lin is not substantially flat as amended (page 12 (ii), line 4). Examiner disagrees, pointing out a bottom surface of housing 2 does not include the recess for switch 1. More narrowly Applicant further argues that the bottom surface of Lin is not flat (page 12 (iii), line 1). However, there is no claim and no support for the Applicant’s bottom surface being “flat”. Which is why “substantially flat” is not a 35 USC 112b rejected phrase.
Applicant argues that the locking mechanism of Lin is not fully disposed in the housing as amended (page 13 (iv)). However, there is no support for the Applicant’s locking mechanism elements all being “fully in” the housing because their lock 14 is shown outside the housing (Fig 1A; see 35 USC 112b rejection below). Also the examiner disagrees about Lin since Lin shows the locking mechanism in the housing.
Applicant argues that Lin does not teach a strap connector (page 14 (i)), a container connector (page 14 (ii)), nor that said strap connector forms a handle (page 15 (iii), claims 20 and 25 only). Examiner agrees which is why Lin never teaches them. The arguments towards Botdorf are moot over new grounds of rejection.
Applicant argues that Lin does not teach a canister for receiving liquid nor a strap assembly as claimed (page 17, lines first two). Examiner disagrees, please see a detailed analysis in the rejection below.
Regarding claim 21, Applicant argues that Lin does not teach a recess on a side portion of the canister as amended (page 15 of itself, lines 1-2). However, there is no support for the Applicant’s strap connector being in a recess of the canister 11, there is only support for the strap connector being in a recess of the container 10 (which includes the strap assembly housing; see 35 USC 112b rejection below). Please see a detailed analysis in the rejection below.
Regarding claim 25, Applicant argues that a second container is not taught (page 16 of itself, line 2). Examiner points out that a second container is not supported, see 35 USC 112a below. Also, please see a detailed analysis in the rejection below.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f), is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f), because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an actuation input” in claim 1, interpreted as movable lock 14, because that is selectable input actuating the locking mechanism.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f), it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
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 25-26 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement and new matter requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention. The new matter must be canceled.
Regarding claim 25, page 6, line five from last and onward “a second container” and its details (that are identical to the first container) are new matter since there was no “second container” previously disclosed, only one container.
Claim 26 is 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 1-5, 7-9, 12-13, 15, 20-26 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 claim 1, line 16, and claims 20 and 25, “a locking mechanism selectively engaging with the strap and fully disposed in the housing” is untrue since the locking mechanism includes movable lock 14 (i.e. the claimed actuation input, line 17 “lock mechanism including actuation input”) which is not “fully in” the housing (Fig 1A shows 14 outside). The claim is thereby rendered indefinite. Examiner interprets as “partially disposed in”. Note: This is not a 35 USC 112a issue since the drawing is clearer.
Regarding claim 21, “a recess on a side portion of the canister” is untrue since it is completely unsupported. The claim is thereby rendered indefinite. Examiner interprets as supported (page 8, para 2, last two lines) “a recess on a side portion of the container”. Also it cannot be in the canister because the claim says “in the storage configuration” which is exclusive to the strap assembly housing. Note: This is not a 35 USC 112a issue since the written specification is clear.
Claims 2-5, 7-9, 12-13, 15, 21-24 and 26 are also rejected for depending upon a rejected parent 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.
Claims 1-2, 8-9, 12-13, 15, 20-21 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over CN 201315959 by Lin (hereinafter “Lin”) in view of CN 103315512 by Lv (hereinafter “Lv”) in view of US Pub 20160008692 by Townsend (hereinafter “Townsend”).
Regarding claim 1, Lin teaches a container (Title, a container is “vessel base with automatic retraction”, Abstract lines 1-2, “a base (2), a strap (10)… are fixedly connected with a vessel”), comprising:
a canister defining a reservoir for receiving a liquid (page 2, line 4, a canister/body is the vessel is a “thermos” which necessarily has a reservoir for liquid), wherein the canister defines an inlet on a top portion of the canister and a canister outer diameter (page 2, line 4, “thermos” then also means the canister/vessel has a top inlet for the liquid (then into the reservoir), and has a canister outer diameter (which is not necessarily the inlet’s)); and
a strap assembly (Fig 1, strap assembly shown, which is the “base with automatic retraction”, Title) movably coupled to the canister (Abstract lines 1-2, “a base (2), a strap (10)… are fixedly connected with a vessel” means the canister/vessel is at least coupled by moving it once to initially connect to the strap assembly/base), wherein the strap assembly comprises:
a housing (Fig 1, a housing is base 2) defining an exit port (Fig 2, an exit port for strap 10 is at the lead line point of 10) and having a substantially flat bottom surface (Fig 2, a bottom surface of 2 around 1 is shown substantially flat) and a housing diameter (Figs 2-3, a diameter of 2);
a strap (Fig 2, 10) is moveable between an in-use configuration wherein at least a portion of the strap extends outward from the housing through the exit port (Fig 2, at least a portion of 10 is shown extending outward from the exit port (a portion on the outside of the base, in an external use)) and a storage configuration wherein the portion of the strap is retracted within the housing (Abstract line second from last, “the strap can be automatically retracted in the base” meaning the portion is moveable inside of the base thereby capable of storing/being stored (the portion inside the base, in an internal storage use));
a locking mechanism selectively engaging with the strap (Figs 1 & 4-5, at least slider 4, and locking blocks 5 having teeth 9, tape reel 6 and knob switch 1 comprise a locking mechanism wherein at least 6 engages the strap 10 as shown contacting in Fig 2; page 3, para 4, line 10, “the internal gear of the tape reel [6] is disengaged”, lines 11-12, “the tape reel can rotate… and the shoulder strap [10] can be extended and retracted automatically”) and fully disposed in the housing (Figs 1-5, shows 4, 5, 6 and 1 are positioned fully in 2; see 35 USC 112 above for “fully” not being supported by Applicant), the locking mechanism including an actuation input supported by the housing (Figs 2-3, an actuation input is switch 1 shown supported by 2); and
a spring operatively coupled with the locking mechanism and the strap (the strap 10 retracting under a spring 7 force means 7 is operatively coupled with the locking mechanism by at least its part 6; page last, lines last two, “belt wheel 6 drives the strap 10 to automatically retract under the elastic force of the spiral spring 7”); wherein
the locking mechanism is configured to disengage with the strap (since the strap engages the locking mechanism as above, the mechanism can also disengage to re-engage at different lengths of extension; page 3, para 4, lines 2-3 from last, “the length of the shoulder strap [10] can be adjusted… by adjusting the knob switch [1]”) based on a first single user selection of the actuation input such that the strap is extendable by a pulling force applied on the strap and automatically retractable by the spring to move the strap from the in-use configuration to the storage configuration (since the switch input 1 disengages the strap and strap is under spring force, the strap can be pulled to extend (e.g. to a first selection which is the extent shown in Fig 2 as the portion of the strap in the in-use configuration) and is automatically retracted (e.g. to the inside position (not shown) of the portion of the strap in the storage configuration); page last, lines last two, “belt wheel 6 drives the strap 10 to automatically retract under the elastic force of the spiral spring 7”); wherein
the locking mechanism engages with the strap based on a second single user selection of the actuation input to inhibit movement of the strap such that the strap is locked at a user-desired length (since the strap can be adjusted to any length, at least a second selection extent of the strap can engage in a second use position; page 3, para 4, lines 2-3 from last, “the length of the shoulder strap [10] can be adjusted… by adjusting the knob switch [1]”).
But Lin does not explicitly teach a strap connector.
Lv, however, teaches a strap connector at a first end of the strap, the strap connector positioned external to an exit port (Fig 2, a strap connector is connecting piece 10 of a strap which is brace 3 external to an exit port opening 9, Fig 4, shown connecting to a container connector which is connection seat 11 integral on a side portion of the container); and a container comprises a lid movably coupled a canister for closing an inlet (Fig 1, “lid 2” is removably coupled to a canister 1 inlet).
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 strap and canister of Lin with a strap connector and container connector as taught by Lv in order to advantageously increase ease of carrying/resting by allowing the strap of Lin to secure around a stationary object, and beneficially connect the unconnected end of Lin’s strap to the container to accomplish Lin’s disclosed shoulder carrying for increased ease of portability versus by hand (Lin, page 2, last para, line 2, “shoulder strap”). Also, it is similarly obvious to modify the canister (“thermos” vessel) of Lin to have a lid as part of the container/assembly as taught by Lv to advantageously prevent contamination in or splashes out of the liquid versus Lin where no lid is explicitly disclosed for the “thermos” (e.g. it’s at least an open top canister).
But Lin/Lv does not explicitly teach the housing diameter is equal to the canister outer diameter.
Townsend, however, teaches a housing diameter equal to the canister outer diameter (Fig 4C, a canister 102 outer diameter is shown equal to a housing base 108 outer diameter because their lines align and coincide).
Therefore, 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 canister and housing of Lin to have equal outer diameters, since it has been 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 (i.e. canister still holds liquid, housing still automatically retracts strap, strap assembly still connects to the canister). MPEP 2144.04 IV-A.
Regarding claim 2, Lin further teaches the canister is an insulated beverage container (Abstract, the vessel/container is necessarily insulating by being a solid structure, or since it is a “thermos” necessarily has an insulating body layer).
Regarding claim 8, Lin/Lv/Townsend further teaches a portion of the strap assembly (LV, Fig 4, strap connector 10 is a portion of the combination’s strap assembly) is connected to the top portion of the canister (Lv, Fig 4, 10 connects at 11 which is in the top portion of the canister).
Regarding claim 9, Lin further teaches the spring is a coil spring (Fig 1, 7).
Regarding claim 12, Lin further teaches the strap is partially wrapped around the spring in the storage configuration (Fig 2, the strap 10 is at least partially wrapped around spring 7 while 10 is stored, including in the storage configuration).
Regarding claim 13, Lin/Lv/Townsend further teaches a container connector configured to connect to the strap connector (Lv, Fig 4, the container connector 11 connects to strap connector 10). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 15, Lin/Lv/Townsend further teaches the container connector is integral with a side portion of the canister (Lv, Fig 4, the container connector 11 integral on a side portion of the canister connects to strap connector 10). See details in the parent claim 1 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 20, Lin teaches a container (Title, a container is “vessel base with automatic retraction”, Abstract lines 1-2, “a base (2), a strap (10)… are fixedly connected with a vessel”), comprising:
a canister defining a reservoir for receiving a liquid (page 2, line 4, a canister/body is the vessel is a “thermos” which necessarily has a reservoir for liquid), wherein the canister defines an inlet on a top portion of the canister and a canister outer diameter (page 2, line 4, “thermos” then also means the canister/vessel has a top inlet for the liquid (then into the reservoir), and has a canister outer diameter (which is not necessarily the inlet’s));
a first end of the container (a first end of the container/assembly is an area near the top); and
a strap assembly (Fig 1, strap assembly shown, which is “base with automatic retraction”, Title) movably coupled (Abstract lines 1-2, “a base (2), a strap (10)… are fixedly connected with a vessel” means the canister/vessel is at least coupled by moving it once to initially connect the strap assembly/base) to a second end of the container (a second end of the container/assembly is an area near the bottom), the first end opposite the second end (the base/bottom second end area is opposite the top first end area), wherein the strap assembly comprises:
a housing (Fig 1, a housing is base 2) defining an exit port (Fig 2, an exit port for strap 10 is at the lead line point of 10) and having a substantially flat bottom surface (Fig 2, a bottom surface of 2 around 1 is shown substantially flat) and a housing outer diameter (Figs 2-3, a diameter of 2);
a strap (Fig 2, 10) moveable between an in-use configuration wherein at least a portion of the strap extends outward from the housing through the exit port (Fig 2, at least a portion of 10 is shown extending outward from the exit port (a portion on the outside of the base, in an external use)) and a storage configuration wherein the portion of the strap is retracted within the housing (Abstract line second from last, “the strap can be automatically retracted in the base” meaning the portion is moveable inside of the base thereby capable of storing/being stored (the portion inside the base, in an internal storage use));
a locking mechanism selectively engaging with the strap (Figs 1 & 4-5, at least slider 4, and locking blocks 5 having teeth 9, tape reel 6 and knob switch 1 comprise a locking mechanism wherein at least 6 engages the strap 10 as shown contacting in Fig 2; page 3, para 4, line 10, “the internal gear of the tape reel is disengaged”, lines 11-12, “the tape reel can rotate… and the shoulder strap [10] can be extended and retracted automatically”) and fully disposed in the housing (Figs 1-5, shows 4, 5, 6 and 1 are positioned fully in 2; see 35 USC 112 above for “fully” not being supported by Applicant), the locking mechanism including an actuation input supported by the housing (Figs 2-3, an actuation input is switch 1 shown supported by 2); and
a spring operatively coupled with the locking mechanism and the strap (the strap 10 retracting under a spring’s 7 force means 7 is operatively coupled with the locking mechanism by at least its part 6; page last, lines last two, “belt wheel 6 drives the strap 10 to automatically retract under the elastic force of the spiral spring 7”); wherein
the locking mechanism is configured to disengage with the strap (since the strap engages the locking mechanism as above, the mechanism can also disengage to re-engage at different lengths of extension; page 3, para 4, lines 2-3 from last, “the length of the shoulder strap [10] can be adjusted… by adjusting the knob switch [1]”) based on a first single user selection of the actuation input such that the strap is extendable by a pulling force applied on the strap and automatically retractable by the spring to move the strap from the in-use configuration to the storage configuration (since the switch input 1 disengages the strap and strap is under spring force, the strap can be pulled to extend (e.g. to a first selection which is the extent shown in Fig 2 as the portion of the strap in the in-use configuration) and is automatically retracted (e.g. to the inside position (not shown) of the portion of the strap in the storage configuration); page last, lines last two, “belt wheel 6 drives the strap 10 to automatically retract under the elastic force of the spiral spring 7”); wherein
the locking mechanism engages with the strap based on a second single user selection of the actuation input to inhibit movement of the strap such that the strap is locked at a user-desired length (since the strap can be adjusted to any length, at least a second selection extent of the strap can engage in a second use position; page 3, para 4, lines 2-3 from last, “the length of the shoulder strap [10] can be adjusted… by adjusting the knob switch [1]”).
But Lin does not explicitly teach a strap connector to a container connector.
Lv, however, teaches a strap connector configured to connect to a container connector (Fig 2, a strap connector is connecting piece 10 of a strap which is brace 3 within a side portion recess, connects to a container connector which is a connection seat 11 in a first top end area of the container assembly, Fig 4), the strap connector forming a handle at a first end of the strap (the strap connector is at a first end of the strap, where it necessarily forms a handle since it is pulled out of its position in Figure 2 to connect in Figure 4; [0018] “when need to be pulled back, pulling the connecting strap [3]”) and positioned external to the exit port (Fig 2, 10 is external to an exit port which is opening 9), the strap connector having a cross-sectional area larger than a cross-sectional area of the exit port such to prevent movement of the handle through the exit port (Fig 2, 10 is shown larger than 9 meaning movement through 9 by 10 is prevented); and a container comprises a lid movably coupled a canister for closing an inlet (Fig 1, “lid 2” is removably coupled to a canister 1 inlet).
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 strap and canister of Lin with a strap connector and container connector as taught by Lv in order to advantageously increase ease of carrying/resting by allowing the strap of Lin to secure around a stationary object, and beneficially connect the unconnected end of Lin’s strap to accomplish Lin’s disclosed shoulder carrying for increased ease of portability versus by hand (Lin, page 2, last para, line 2, “shoulder strap”). Also, it is similarly obvious to modify the canister (“thermos” vessel) of Lin to have a lid as part of the container/assembly as taught by Lv to advantageously prevent contamination in or splashes out of the liquid versus Lin where no lid is explicitly disclosed for the “thermos” (e.g. it’s at least an open top canister).
But Lin/Lv does not explicitly teach the housing diameter is equal to the canister outer diameter.
Townsend, however, teaches a housing diameter equal to the canister outer diameter (Fig 4C, a canister 102 outer diameter is shown equal to a housing base 108 outer diameter because their lines align and coincide).
Therefore, 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 canister and housing of Lin to have equal outer diameters, since it has been 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 (i.e. canister still holds liquid, housing still automatically retracts strap). MPEP 2144.04 IV-A.
Regarding claim 21, Lin/Lv/Townsend further teaches the canister further defines a recess on a side portion of the canister, and wherein the strap connector is within the recess when the strap is in the storage configuration (Lv, Fig 2, 10 shown within a side portion recess; see 35 USC 112 rejection above for “portion of the canister” actually only being “portion of the container”).
Regarding claim 23, Lin further teaches the spring is a coil spring (Fig 1, 7), and wherein the portion of the strap is partially wrapped around the spring in the storage configuration (Fig 2, the strap 10 is at least partially wrapped around spring 7 while 10 is stored, so also in the storage configuration).
Regarding claim 24, Lin/Lv/Townsend further teaches the first end of the container is defined by one of the lid or the top portion of the canister (since the first end of the container/assembly is the area near the top, both the lid of Lv and the top portion of the canister of Lin/Lv/Townsend are within said first end area of the container/assembly). See details in the parent claim 20 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 25, Lin teaches a system, comprising:
a first container (Title, a container is “vessel base with automatic retraction”, Abstract lines 1-2, “a base (2), a strap (10)… are fixedly connected with a vessel”), comprising:
a canister defining a reservoir for receiving a liquid (page 2, line 4, a canister/body is the vessel is a “thermos” which necessarily has a reservoir for liquid), wherein the canister defines an inlet on a top portion of the canister and a canister outer diameter (page 2, line 4, “thermos” then also means the canister/vessel has a top inlet for the liquid (then into the reservoir), and has a canister outer diameter (which is not necessarily the inlet’s));
a first end of the container (a first end of the container/assembly is an area near the top); and
a strap assembly (Fig 1, strap assembly shown, which is “base with automatic retraction”, Title) movably coupled (Abstract lines 1-2, “a base (2), a strap (10)… are fixedly connected with a vessel” means the canister/vessel is at least coupled by moving it once to initially connect the strap assembly/base) to a second end of the container (a second end of the container/assembly is an area near the bottom), the first end opposite the second end (the base/bottom second end area is opposite the top first end area), wherein the strap assembly comprises:
a housing (Fig 1, a housing is base 2) defining an exit port (Fig 2, an exit port for strap 10 is at the lead line point of 10) and having a substantially flat bottom surface (Fig 2, a bottom surface of 2 around 1 is shown substantially flat) and a housing outer diameter (Figs 2-3, a diameter of 2);
a strap (Fig 2, 10) moveable between an in-use configuration wherein at least a portion of the strap extends outward from the housing through the exit port (Fig 2, at least a portion of 10 is shown extending outward from the exit port (a portion on the outside of the base, in an external use)) and a storage configuration wherein the portion of the strap is retracted within the housing (Abstract line second from last, “the strap can be automatically retracted in the base” meaning the portion is moveable inside of the base thereby capable of storing/being stored (the portion inside the base, in an internal storage use));
a locking mechanism selectively engaging with the strap (Figs 1 & 4-5, at least slider 4, and locking blocks 5 having teeth 9, tape reel 6 and knob switch 1 comprise a locking mechanism wherein at least 6 engages the strap 10 as shown contacting in Fig 2; page 3, para 4, line 10, “the internal gear of the tape reel is disengaged”, lines 11-12, “the tape reel can rotate… and the shoulder strap [10] can be extended and retracted automatically”) and fully disposed in the housing (Figs 1-5, shows 4, 5, 6 and 1 are positioned fully in 2; see 35 USC 112 above for “fully” not being supported by Applicant), the locking mechanism including an actuation input supported by the housing (Figs 2-3, an actuation input is switch 1 shown supported by 2); and
a spring operatively coupled with the locking mechanism and the strap (the strap 10 retracting under a spring’s 7 force means 7 is operatively coupled with the locking mechanism by at least its part 6; page last, lines last two, “belt wheel 6 drives the strap 10 to automatically retract under the elastic force of the spiral spring 7”); wherein
the locking mechanism is configured to disengage with the strap (since the strap engages the locking mechanism as above, the mechanism can also disengage to re-engage at different lengths of extension; page 3, para 4, lines 2-3 from last, “the length of the shoulder strap [10] can be adjusted… by adjusting the knob switch [1]”) based on a first single user selection of the actuation input such that the strap is extendable by a pulling force applied on the strap and automatically retractable by the spring to move the strap from the in-use configuration to the storage configuration (since the switch input 1 disengages the strap and strap is under spring force, the strap can be pulled to extend (e.g. to a first selection which is the extent shown in Fig 2 as the portion of the strap in the in-use configuration) and is automatically retracted (e.g. to the inside position (not shown) of the portion of the strap in the storage configuration); page last, lines last two, “belt wheel 6 drives the strap 10 to automatically retract under the elastic force of the spiral spring 7”); wherein
the locking mechanism engages with the strap based on a second single user selection of the actuation input to inhibit movement of the strap such that the strap is locked at a user-desired length (since the strap can be adjusted to any length, at least a second selection extent of the strap can engage in a second use position; page 3, para 4, lines 2-3 from last, “the length of the shoulder strap [10] can be adjusted… by adjusting the knob switch [1]”);
But Lin does not explicitly teach a strap connector to a container connector.
Lv, however, teaches a strap connector configured to connect to a container connector (Fig 2, a strap connector is connecting piece 10 of a strap which is brace 3 within a side portion recess, connects to a container connector which is a connection seat 11 in a first top end area of the container assembly, Fig 4), the strap connector forming a handle at a first end of the strap (the strap connector is at a first end of the strap, where it necessarily forms a handle since it is pulled out of its position in Figure 2 to connect in Figure 4; [0018] “when need to be pulled back, pulling the connecting strap [3]”) and positioned external to the exit port (Fig 2, 10 is external to an exit port which is opening 9), the strap connector having a cross-sectional area larger than a cross-sectional area of the exit port such to prevent movement of the handle through the exit port (Fig 2, 10 is shown larger than 9 meaning movement through 9 by 10 is prevented); and a container comprises a lid movably coupled a canister for closing an inlet (Fig 1, “lid 2” is removably coupled to a canister 1 inlet).
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 strap and canister of Lin with a strap connector and container connector as taught by Lv in order to advantageously increase ease of carrying/resting by allowing the strap of Lin to secure around a stationary object, and beneficially connect the unconnected end of Lin’s strap to accomplish Lin’s disclosed shoulder carrying for increased ease of portability versus by hand (Lin, page 2, last para, line 2, “shoulder strap”). Also, it is similarly obvious to modify the canister (“thermos” vessel) of Lin to have a lid as part of the container/assembly as taught by Lv to advantageously prevent contamination in or splashes out of the liquid versus Lin where no lid is explicitly disclosed for the “thermos” (e.g. it’s at least an open top canister).
But Lin/Lv does not explicitly teach the housing diameter is equal to the canister outer diameter.
Townsend, however, teaches a housing diameter equal to the canister outer diameter (Fig 4C, a canister 102 outer diameter is shown equal to a housing base 108 outer diameter because their lines align and coincide).
Therefore, 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 canister and housing of Lin to have equal outer diameters, since it has been 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 (i.e. canister still holds liquid, housing still automatically retracts strap). MPEP 2144.04 IV-A.
But Lin/Lv/Townsend does not explicitly teach a second identical container as part of a system (neither does Applicant).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have duplicated the first container for production as at least a second identical container, since it has been held mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04 VI-B.
Therefore, all claim limitations of the identical second container are met exactly as cited for the first container, as claimed: “a second container, comprising: a canister defining a reservoir for receiving a liquid, wherein the canister defines an inlet on a top portion of the canister and a canister outer diameter; a lid movably coupled to the canister for closing the inlet; a container connector on a first end of the container; and a strap assembly movably coupled to a second end of the container, the first end opposite the second end, wherein the strap assembly comprises: a housing defining an exit port and having a substantially flat bottom surface and a housing outer diameter equal to the canister outer diameter; a strap moveable between an in-use configuration wherein at least a portion of the strap extends outward from the housing through the exit port and a storage configuration wherein the portion of the strap is retracted within the housing; a strap connector configured to connect to the container connector, the strap connector forming a handle at a first end of the strap and positioned external to the exit port, the strap connector having a cross-sectional area larger than a cross-sectional area of the exit port such to prevent movement of the handle through the exit port; a locking mechanism selectively engaging with the strap and fully disposed in the housing, the locking mechanism including an actuation input supported by the housing; and a spring operatively coupled with the locking mechanism and the strap; wherein the locking mechanism is configured to disengage with the strap based on a first single user selection of the actuation input such that the strap is extendable by a pulling force applied on the strap and automatically retractable by the spring to move the strap from the in-use configuration to the storage configuration; wherein the locking mechanism engages with the strap based on a second single user selection of the actuation input to inhibit movement of the strap such that the strap is locked at a user-desired length”;
And since the components are identical, a POSITA would expect swapping of identical removable components to be possible, therefore the last claim limitation is also met: “and wherein the strap assembly of the first container is configured to be coupled to the canister of the second container when the strap assembly of the second container is removed from the second container, and the strap assembly of the second container is configured to be coupled to the canister of the first container when the strap assembly of the first container is removed from the first container”.
Claims 3-5, 22 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over CN 201315959 by Lin (hereinafter “Lin”) in view of CN 103315512 by Lv (hereinafter “Lv”) in view of US Pub 20160008692 by Townsend (hereinafter “Townsend”) in view of US Pub 20210206552 by Botdorf et al. (hereinafter “Botdorf”).
Regarding claim 3, Lin further teaches the strap assembly is coupled to a bottom portion (Title, “vessel base”) of the canister (Abstract lines 1-2, “fixedly connected”, which at least under broadest reasonable interpretation is not necessarily permanent, which would be narrower).
But Lin/Lv/Townsend does not explicitly teach the strap assembly is removable.
Botdorf, however, teaches a removably coupled strap assembly to a canister (Figs 1 & 3, [0030] a strap assembly including at least a strap 8 inside cover 6 which is “threaded” to a canister 2).
Therefore, 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 strap assembly non-permanent fixed connection of Lin to be removably coupled by threading to the canister as taught by Botdorf in order to advantageously allow the assembly to be replaced after being damaged/fatigued, or beneficially increase aesthetic desire by allowing removal for after-market customization (i.e. modular).
Regarding claim 4, Lin/Lv/Townsend/Botdorf further teaches the strap assembly is removably coupled to the bottom of the canister by a threaded connection (Lin’s connection of strap assembly to the canister is made removable by the “threaded” coupling [0030] of Botdorf). See details in the parent claim 3 rejection above, including the motivation for a person of ordinary skill in the art to modify.
Regarding claim 5, Lin/Lv/Townsend does not explicitly teach the strap assembly is removably coupled to the canister by at least one of a threaded connection, a magnetic connection, a friction fit connection, a biased button and aperture connector, a snap connector, quick connector, twist and lock connector.
Botdorf, however, teaches a removably coupled strap assembly to a canister (Figs 1 & 3, [0030] a strap assembly including at least a strap 8 inside cover 6 which is “threaded” to a canister 2).
Therefore, 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 strap assembly non-permanent fixed connection of Lin to be removably coupled by threading to the canister as taught by Botdorf in order to advantageously allow the assembly to be replaced after being damaged/fatigued, or beneficially increase aesthetic desire by allowing removal for after-market customization (i.e. modular).
Regarding claim 22, Lin/Lv/Townsend does not explicitly teach the strap assembly is removably coupled to the canister by at least one of a threaded connection, a magnetic connection, a biased button and aperture connector, a snap connector, quick connector, twist and lock connector.
Botdorf, however, teaches a removably coupled strap assembly to a canister (Figs 1 & 3, [0030] a strap assembly including at least a strap 8 inside cover 6 which is “threaded” to a canister 2).
Therefore, 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 strap assembly non-permanent fixed connection of Lin to be removably coupled by threading to the canister as taught by Botdorf in order to advantageously allow the assembly to be replaced after being damaged/fatigued, or beneficially increase aesthetic desire by allowing removal for after-market customization (i.e. modular).
Regarding claim 26, Lin/Lv/Townsend further teaches the spring of each of the first container and the second container is a coil spring (Lin, Fig 1, 7), and further wherein the strap assembly of each of the first container and the second container is coupled to the corresponding canister (Lin, Abstract lines 1-2, “a base (2), a strap (10)… are fixedly connected with a vessel”).
But Lin/Lv/Townsend does not explicitly teach the strap assembly is removable.
Botdorf, however, teaches a removably coupled strap assembly to a canister by at least one of a threaded connection, a magnetic connection, a biased button and aperture connector, a snap connector, quick connector, and twist and lock connector (Figs 1 & 3, [0030] a strap assembly including at least a strap 8 inside cover 6 which is “threaded” to a canister 2).
Therefore, 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 each strap assembly non-permanent fixed connection of Lin to be removably coupled by threading to the canister as taught by Botdorf in order to advantageously allow the assembly to be replaced after being damaged/fatigued, or beneficially increase aesthetic desire by allowing removal for after-market customization (i.e. modular).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over CN 201315959 by Lin (hereinafter “Lin”) in view of CN 103315512 by Lv (hereinafter “Lv”) in view of US Pub 20160008692 by Townsend (hereinafter “Townsend”) in view of US Pub 20210284427 by Rojas (hereinafter “Rojas”).
Regarding claim 7, Lin/Lv/Townsend does not explicitly teach that a portion of the strap assembly is connected to the lid (Lv, 10 connects to 11 on the canister).
Rojas, however, discloses a portion of a strap assembly connected to a lid (Fig 1, clip 6 allows a strap to be assembled to it so is a portion of a strap assembly; wherein [0033], “latch 7 that allows the clip [6] to be opened or securely closed around a variety of attachment locations including rings on backpacks, workout bags, belt loops and other loops for attaching such items”, and [0040] “latch 7 opens and closes to allow the device to be clipped to the users gym bag, backpack, clothing or other convenient locations”; also [0043] “Second clip 16 is visible at the bottom, ready for a clip or other attachment device to be connected to said clip”).
Therefore, it would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date to rearrange the container connector for the strap connector of Lv from being on the canister to on the lid because Applicant has not disclosed that the strap connector connecting to the lid or canister provides a specific advantage, is used for a particular purpose, or solves an explicit problem. One of ordinary skill in the art, furthermore, would have expected Applicant's invention to perform equally well with the rearrangement because the primary function of using the strap for carrying the container is still fulfilled. Therefore, it would have been an obvious matter of design choice to modify the location of container connector 11 of Lv to instead be rearranged on the lid of Lv as taught by Rojas to obtain the invention as claimed. MPEP 2144.04 VI-C.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
CN 203483028 – a strap connected to a container connector capable of many different in-use lengths of locking mechanism engaged strap positions (Figs 4-5)
CN 2824645 – a strap connected to a container connector capable of many different in-use lengths of strap positions (Figs 1 & 5)
US 20080086904 – similar selectable length automatic retraction (cover page)
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/ERIC C BALDRIGHI/Examiner, Art Unit 3733