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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-3, 5-8 and 15-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US-20240002104-A1) in view of Wang (US-5415309-A).
Jones discloses:
1. A lid for a food jar (Fig. 1B), comprising: an upper surface (at 202) that is generally opposite of a lower rim (bottom rim of 206), a sidewall (206) that joins the upper surface and the lower rim (Fig. 2A), wherein the lid can have any shape (par. 0062), a compartment (214), the compartment configured to hold an eating utensil (216), the compartment is formed in the upper surface of the lid (Fig. 2A), a food product, or a combination thereof; a sliding door (400); the sliding door configured to slidably engage to the lid; and the sliding door configured to extend from and retract to the lid (par. 102).
Jones fails to specifically teach wherein the lid has a generally round shape.
Wang teaches that it was known in the art to manufacture a lid with a round shape (Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the lid with a round shape, in order to adjust for different areas and since Jones teaches that the lid can be any shape.
2. The lid for a food jar according to claim 1, wherein the sliding door includes a first lateral edge (402) and a second lateral edge (402), and the first lateral edge and the second lateral edge slidably engage to the compartment.
3. The lid for a food jar according to claim 1, wherein the compartment includes a first lateral wall (206) and a second lateral wall (Fig. 1F), the first lateral wall is generally opposite of the second lateral wall, and the compartment is generally between the first lateral wall and the second lateral wall.
5. The lid for a food jar according to claim 1, wherein the sliding door extends from the lid to open or reveal the compartment (par. 0102), and the sliding door retracts to the lid to cover or conceal the compartment (Fig. 1A).
6. The lid for a food jar according to claim 5, wherein the sliding door extends and retracts in a direction generally perpendicular to a central vertical axis of the lid (par. 0102).
7. The lid for a food jar according to claim 1, wherein the sliding door is generally flush with the upper surface of the lid, and a front edge of the sliding door forms a portion of an outer circumference of the lid (Fig. 1A).
8. The lid for a food jar according to claim 1, wherein the sliding door is configured to be maintained or is biased to remain in a retracted position (Fig. 1A).
15. The lid for a food jar according to claim 1, but Jones fails to teach threads on an interior of the sidewall of the lid are configured to engage with threads on a stopper or a container.
Wang teaches that it was known in the art to manufacture a lid with threaded connections (col. 1, lines 40-45).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the lid with threads, as taught by Wang, in order to connect structure together and such a modification would be the use of a known connection structure on a known lid.
16. A food jar comprising the lid according to claim 1, the food jar further comprising a container (300) and a stopper (surface 202), wherein the container defines an interior to store a food product, the container having an opening, and the stopper configured to close the opening of the container (Fig. 1F).
17. A lid for a food jar (Fig. 1B), comprising: a compartment (214), the compartment configured to hold an eating utensil (216), a food product, or a combination thereof; the compartment is formed in an upper surface of the lid (Fig. 2A); a sliding door (400), and the sliding door configured to slidably engage to the lid (par. 0102); wherein the compartment includes a first lateral wall and a second lateral wall, the first lateral wall is generally opposite of the second lateral wall (Fig. 2A), and the compartment is generally between the first lateral wall and the second lateral wall; the sliding door includes a first lateral edge and a second lateral edge, and the first lateral edge slidably engages to the first lateral wall, and the second lateral edge slidably engages to the second lateral wall (Fig. 1F); and the sliding door extends from the lid to open or reveal the compartment, and the sliding door retracts to the lid to cover or conceal the compartment (par 0102) and is generally flush with the upper surface of the lid (Figs. 1A, 1F).
18. A food jar (Fig. 1A), comprising: a lid for a food jar, comprising: a compartment (214); a sliding door (400); the sliding door configured to slidably engage to the lid; and the sliding door configured to extend from and retract to the lid (par. 0102); a stopper (202); a container (300) comprising an opening and an interior configured to store a food item or beverage; the stopper configured to close the opening (Fig. 1F); and a lower opening of the lid configured to fit over a portion of the stopper or the container (Fig. 1F).
19. The food jar according to claim 18, wherein the container is configured to hold the food item or beverage, and the compartment is configured to hold a second food item or utensil (Fig. 1B).
20. The food jar according to claim 18, wherein a utensil (216) is held in the compartment.
21. The food jar according to claim 18, but Jones fails to teach wherein the stopper includes threads that engage with threads of the container.
Wang teaches that it was known in the art to manufacture a lid with threaded connections (col. 1, lines 40-45).).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the lid with threads, as taught by Wang, in order to connect structure together and such a modification would be the use of a known connection structure on a known lid.
Claim(s) 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable Jones (US-20240002104-A1) and Wang (US-5415309-A) in view of Waimberk et al. (US-20160022362-A1).
Regarding claims 9-11, Jones fails to teach wherein a first lateral edge of the sliding door includes a first protruding member, and a second lateral edge of the sliding door includes a second protruding member, the first protruding member and the second protruding member extend outward from the sliding door, wherein the first protruding member is configured to slide under a first extending rim and a second extending rim of a first wall of the compartment, while the second protruding member is configured to slide under a first extending rim and a second extending rim of a second wall of the compartment to provide a slidable engagement between the sliding door and the lid.
Waimberk teaches that it is known in the art to manufacture sliding door wherein a first lateral edge of the sliding door includes a first protruding member (115), and a second lateral edge of the sliding door includes a second protruding member (116), the first protruding member and the second protruding member extend outward from the sliding door, wherein the first protruding member is configured to slide under a first extending rim and a second extending rim (113, 108) of a first wall of the compartment, while the second protruding member is configured to slide under a first extending rim and a second extending rim of a second wall of the compartment to provide a slidable engagement between the sliding door and the lid (par. 0038).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the lid with the sliding connection structure taught by Waimberk, in order to further secure the sliding door in its sliding path and such a modification would be the use of known connection structures on a sliding door.
Regarding claims 12-14, Jones fails to teach wherein a lower surface of the compartment includes one or more protrusions, wherein a bottom surface of the sliding door includes one or more fins proximate a front edge of the sliding door, wherein the one or more fins proximate the front edge of the sliding door are configured to engage the one or more protrusions to bias the sliding door to remain in a closed position, wherein the bottom surface further includes one or more fins proximate a rear edge of the sliding door, and the one or more fins proximate the rear edge of the sliding door are configured to engage the one or more protrusions to stop a sliding movement of the sliding door beyond a fully extended position.
Waimberk teaches that it is known in the art to manufacture sliding door wherein a lower surface of the compartment includes one or more protrusions (924(, wherein a bottom surface of the sliding door includes one or more fins (914) proximate a front edge of the sliding door, wherein the one or more fins proximate the front edge of the sliding door are configured to engage the one or more protrusions to bias the sliding door to remain in a closed position (Fig. 9).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the lid with the fin and projecting structures taught by Waimberk, in order to prevent unwanted sliding of the door. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have manufactured the lid with a projection at the rear edge, in order to further control sliding and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
In response to applicant's argument of the intended use of the lid, 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 applicant’s argument that the references fails to teach a food jar, it is noted that the claims are broad enough in scope that they don’t require any structure of a food jar that is not taught by the prior art of record.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the specific portions of the lid that are flush) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s remaining arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733