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 .
Response to Amendment
The amendment filed 08/10/2026 (hereafter “the amendment”) has been accepted and entered.
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.
Claim 23-24 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 23 recites the limitation "the receiver" in line 4. There is insufficient antecedent basis for this limitation in the claim because claim 1, from which claim 23 depends from, does not claim any “receiver”. For purpose of examination, the limitation will be interpreted as “the securing member”.
Claim 24 recites the limitation "the receiver" in line 4. There is insufficient antecedent basis for this limitation in the claim because claim 1, from which claim 23 depends from, does not claim any “receiver”. For purpose of examination, the limitation will be interpreted as “the securing member”
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) 1-3,5,10-13,15,18,21 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kent (US20240226828A1) and further in view of Zitron (US 20230363499 A1)
Regarding claim 1, Kent teaches a beverage container assembly, comprising (fig.1 shows the assembly):
a container housing having a sidewall, a bottom wall, and an opening defining a liquid retaining cavity (annotated fig.2 of Kent below shows the container housing having a sidewall, bottom wall and opening at the top when the cap is taken off that has access to the cavity that can hold liquid);
a lid assembly removably connected to the container housing adjacent the opening of the container housing (annotated fig.2 below shows the lid assembly that is removal connected to the container via threads and would be adjacent to the opening of the container);
a carrying handle (see annotated fig.2 below for the carrying handle);
a pivotable carrying handle (see annotated fig.2 below). Kent does not teach a securing member, separate from the handle, and removably connected to the handle, the securing member comprises a male component and a female component, wherein the male component is configured to be inserted through the female component to connect the securing member to the handle; and a hanging toy connected to the securing member.
Zitron teaches a securing member, separate from the handle, and removably connected to the handle, the securing member comprises a male component and a female component, wherein the male component is configured to be inserted through the female component to connect the securing member to the handle (fig.2 below shows the securing member that is when attached to the handle of Kent is separate from handle and is removably connected and securing member having male and female components and the male component is capable of being inserted though the female component connected to securing member); and a hanging toy connected to the securing member (see annotated fig.1 below for the hanging toy connected to the securing member). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Kent by adding the teaching of securing member and hanging toy as disclosed by Zitron in order to provide for a utility tool that allows the user a variety of ways to secure items together and other useful functions i.e. hanging a stress relive toy to a bottle handle. (0003)
Annotated fig.2 of Kent
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Annotated fig.2 of Zitron
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kent as modified in claim 1 above wherein the lid housing has an opening to dispense liquid contained in the cavity (fig.6 shows the lid housing having a opening 138 that dispense the liquid contained in the container cavity).
Regarding claim 3, the references as applied to claim 2 above discloses all the limitations substantially claimed. Kent as modified in claim 2 further teaches wherein the opening is adjacent a spout of the lid housing (fig.6 the opening 138 being adjacent to the spout 140 of the lid housing).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kent as modified in claim 1 further teaches a seal between the lid housing and the container (“Between the bottle body 102 and the bottle lid 108 is an attaching ring 104 and a sealing ring 106. The sealing ring 106 is configured to form a seal between the bottle body 102 and the bottle lid 108, and may be made of silicone, rubber, or any other sealing material”-0059,Kent).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kent as modified in claim 1 above wherein the securing member is integral with the hanging toy (fig.2 above shows the securing member that would be integral with the hanging toy as modified).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kent as modified in claim 1 above wherein the securing member is removably associated with the beverage container assembly (annotated fig.2 above the securing member is removably associated with the container assembly).
Regarding claim 12, Kent teaches a beverage container assembly, comprising (fig.1 shows the assembly):
a container housing having a sidewall, a bottom wall, and an opening defining a liquid retaining cavity (annotated fig.2 of Kent above shows the container housing having a sidewall, bottom wall and opening at the top when the cap is taken off that has access to the cavity that can hold liquid);
a lid assembly removably connected to the container housing adjacent the opening of the container housing the lid assembly having an opening providing access to the cavity of the container housing (annotated fig.2 above shows the lid assembly that is removal connected to the container via threads and would be adjacent to the opening of the container and see fig.10C for the opening that provides access to the cavity of the container);
a pivotable carrying handle (see annotated fig.2 above for the carrying handle). Kent does not teach a receiver, separate from the handle, extending from the beverage container assembly; and, a hanging toy removably connected to the receiver outside the cavity of the container housing.
Zitron teaches a receiver, separate from the handle, extending from the beverage container assembly; and, a hanging toy removably connected to the receiver outside the cavity of the container housing (fig.2 above shows the securing member that is when attached to the handle of Kent is separate from handle and is removably connected and hanging toy that is removably connected to the receiver outside the container housing). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Kent by adding the teaching of securing member and hanging toy as disclosed by Zitron in order to provide for a utility tool that allows the user a variety of ways to secure items together and other useful functions i.e. hanging a stress relive toy to a bottle handle. (0003)
Regarding claim 13, the references as applied to claim 12 above discloses all the limitations substantially claimed. Kent as modified in claim 12 further teaches wherein the lid assembly is removably connected to the container housing (fig.2 above shows the lid assembly that is removably connected to the container).
Regarding claim 15, the references as applied to claim 12 above discloses all the limitations substantially claimed. Kent as modified in claim 12 further teaches wherein the receiver is removably connected to the handle (see annotated fig.2 above for the securing member is removably connected to the handle).
Regarding claim 18, Kent teaches a beverage container assembly, comprising (fig.2 shows the assembly):
a container housing having a sidewall, a bottom wall, and an opening defining a liquid retaining cavity (annotated fig.2 of Kent above shows the container 8 having a sidewall, bottom wall and opening at the top when the cap is taken off that has access to the cavity that can hold liquid);
a removable lid assembly connected to the container housing adjacent the opening of the container housing, the lid assembly having an opening providing access to the cavity of the container housing (annotated fig.2 above shows the lid assembly that is removal connected to the container via threads and would be adjacent to the opening of the container and fig.10C above for the opening that provides access to the cavity of the container);
a pivotable carrying handle (see annotated fig.2 above for the pivotable carrying handle). Kent does not teach a securing member, removably connected to the handle,, the securing member comprises a male component and a female component, wherein the male component is configured to be inserted through the female component to connect the securing member to the handle; and a hanging toy connected to the securing member.
Zitron teaches a securing member, removably connected to the handle,, the securing member comprises a male component and a female component, wherein the male component is configured to be inserted through the female component to connect the securing member to the handle; and a hanging toy connected to the securing member (fig.2 below shows the securing member that is when attached to the handle of Kent is separate from handle and is removably connected and securing member having male and female components and the male component is capable of being inserted though the female component connected to securing member); and a hanging toy connected to the securing member (see annotated fig.1 below for the hanging toy connected to the securing member). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Kent by adding the teaching of securing member and hanging toy as disclosed by Zitron in order to provide for a utility tool that allows the user a variety of ways to secure items together and other useful functions i.e. hanging a stress relive toy to a bottle handle. (0003)
Regarding claim 21, the references as applied to claim 18 above discloses all the limitations substantially claimed. Kent as modified in claim 18 further teaches wherein the hanging toy is removable from the securing member (Kent as modified in claim 18 will have the hanging toy discloses in Taper be removable from the securing member as the securing member of Kent)
Regarding claim 23, as best understood based on 112 issue identified above, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kent as modified in claim 1 further teaches wherein the female component comprises an opening, wherein the male component comprises one or more ribs larger than the opening, and wherein the male component is looped around the securing member and one or more of the ribs is inserted through the opening to connect the securing member to the handle (see annotated fig.2 above for the female having an opening and the male having an ribs larger than the opening and the male component is looped around the securing member of Kent and go though the opening to securing it ).
Regarding claim 24, as best understood based on 112 issue identified above, the references as applied to claim 18 above discloses all the limitations substantially claimed. Kent as modified in claim 18 further teaches wherein the female component comprises an opening, wherein the male component comprises one or more ribs larger than the opening, and wherein the male component is looped around the securing member and one or more of the ribs is inserted through the opening to connect the securing member to the handle (see annotated fig.2 above for the female having an opening and the male having an ribs larger than the opening and the male component is looped around the securing member of Kent and go though the opening to securing it ).
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as modified in claim 2 and 14 above and further in view of Pinelli (US20210085104A1).
Regarding claim 4, the references as applied to claim 2 above discloses all the limitations substantially claimed. Kent as modified in claim 2 does not teach a straw within the opening to dispense liquid contained in the cavity.
Pinelli does teach a straw within the opening to dispense liquid contained in the cavity. (fig.2 shows the straw 20 within the opening to dispense liquid container in the cavity). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container to include straw attached to the opening disclosed by claim 2 by adding the teaching of a straw to dispense liquid as disclosed by Pinelli in order to have a controlled flow of the liquid being dispensed though the opening.
Regarding claim 14, the references as applied to claim 12 above discloses all the limitations substantially claimed. Kent as modified in claim 12 does not teach a straw within the opening to dispense liquid contained in the cavity.
Pinelli does teach a straw within the opening to dispense liquid contained in the cavity. (fig.2 shows the straw 20 within the opening to dispense liquid container in the cavity). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container to include straw attached to the opening disclosed by claim 12 by adding the teaching of a straw to dispense liquid as disclosed by Pinelli in order to have a controlled flow of the liquid being dispensed though the opening.
Claim(s) 7-8,16 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kent (US20240226828A1), Zitron (US 20230363499 A1) and further in view of Driscoll (US20230329424A1).
Regarding claim 7, as best understood based on 112 issue identified above, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kent as modified in claim 1 does not teach wherein the hanging toy is a fidget toy.
Driscoll does teach wherein the hanging toy is fidget toy (fig.1 shows the fidget toy 102 with the pop buttons 210). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hanging toy disclosed by claim 1 by adding the teaching of a fidget toy as disclosed by Driscoll in order to relief stress. “Further, some aspects of certain fidget toy components 102 can improve hand and finger function. This can be useful for users with ADHD, anxiety, or other issues. Accordingly, the fidget toy components 102 can relieve stress and promote attention to task as well as other benefits.” (0048, Driscoll)
Regarding claim 8, the references as applied to claim 7 above discloses all the limitations substantially claimed. Kent as modified in claim 7 further teaches wherein the fidget toy is a pop-it fidget toy (fig.1 the fidget toy 102 has pop it elements 210).
Regarding claim 16, the references as applied to claim 12 above discloses all the limitations substantially claimed. Kent as modified in claim 12 does not teach wherein the hanging toy is a fidget toy.
Driscoll does teach wherein the hanging toy is a fidget toy (fig.1 shows the fidget toy 102 with the pop buttons 210). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hanging toy disclosed by claim 12 by adding the teaching of a fidget toy as disclosed by Driscoll in order to relief stress. “Further, some aspects of certain fidget toy components 102 can improve hand and finger function. This can be useful for users with ADHD, anxiety, or other issues. Accordingly, the fidget toy components 102 can relieve stress and promote attention to task as well as other benefits.” (0048, Driscoll)
Regarding claim 22, the references as applied to claim 18 above discloses all the limitations substantially claimed. Kent as modified in claim 18 does not teach wherein the hanging toy is a fidget toy.
Driscoll does teach wherein the hanging toy is a fidget toy (fig.1 shows the fidget toy 102 with the pop buttons 210). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hanging toy disclosed by claim 18 by adding the teaching of a fidget toy as disclosed by Driscoll in order to relief stress. “Further, some aspects of certain fidget toy components 102 can improve hand and finger function. This can be useful for users with ADHD, anxiety, or other issues. Accordingly, the fidget toy components 102 can relieve stress and promote attention to task as well as other benefits.” (0048, Driscoll)
Response to Arguments
Applicant's arguments filed 08/10/2026 have been fully considered but they are not persuasive. Applicant’s new claims 23 and 24 appear to have 112 issues that need to addressed. Applicant new limitation are addressed above with new references not previously used, making the arguments to prior references moot. The updated rejection above does not utilize Pinelli or Taper instead uses a new refence Zitron that teaches the female and male limitation that applicant added with amendments. Carabiner of Kent is the pivotable carrying handle and the secondary refence teaching the securing member and the hanging toy with male and female components. Applicant also argues the receiver in claim 12, which in the update rejection is the securing member similar to applicant’s claim 1 just because applicant changes the name of a structure does not make a new feature. No other arguments were made. For future amendments or response applicants it is suggested to look at these references that teach the inventive concept. Inyang (USD984204S), Ying (USD1017226S), Burton (US12471726B1) and Stephenson (USD422179S). Although these refences may look different from applicant’s invention, patent is given on the claims as presented and as of right now claims are too board to get over the prior art.
Conclusion
THIS ACTION IS MADE FINAL. 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 PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Primary Examiner, Art Unit 3735
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