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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 21, 2026 has been entered.
Applicant indicates claim 28 is withdrawn. Applicant may cancel a claim, but not withdraw a claim as pending but unconsidered. Accordingly, claim 28 from the previous submission has been retained as of record and addressed.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the now claimed “connection feature suitable for attachment of a clip, a ring, or a carabiner” of claim 28 must be shown or the features canceled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The term “hollow” to describe a “first cylinder”, a “second cylinder” and “handle” throughout the claims has no antecedent basis from the specification.
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 24-34 are rejected under 35 U.S.C. 112(a as failing to comply with the written description requirement. The claims contain 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. In claim 24, lines 4-5, “the interior of the hollow first cylinder has no intruding discontinuities”, lines 6-7, “the interior of the hollow first cylinder has no cut-outs or gaps in its cylindrical wall” and lines 12-13, “the interior of the hollow handle has no intruding discontinuities and no cut-outs or gaps in its cylindrical wall” has no original basis from any parent cases or the present case. Any negative limitation (in this case, precluding intruding discontinuities and cut-outs or gaps in the hollow first cylinder and the hollow handle) or any exclusionary proviso must have basis in the original disclosure. Any claim containing a negative limitation which does not have basis in the original disclosure should be rejected under 25 U.S.C 112(a) as failing to comply with the written description requirement. See MPEP 2173.05(i).
In claim 24, line 11, “the hollow handle is formed of flexible material” lacks original disclosure from any parent cases or the present case.
As to claim 28, the reference to “the clip or carabiner” originally set forth in the previously pending claim 24 lacks original disclosure from the specification and as such constitutes new matter.
As to claim 30, lines 1-3, “the hollow handle is affixed directly to the sidewall of the hollow first cylinder by means of at least one flexible strap” lacks disclosure of any “flexible strap”.
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.
Claim 29 is 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. In claim 29, line 1, “the cylindrical body” lacks antecedent basis.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 24-27 and 29-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeh et al. (6,092,647). Yeh et al. discloses a beverage sleeve that will inhibit heating or cooling of a content inherently and would, if provided with a cooler content, would serve as a cooler, the cooler comprising a cylindrical body (22) formed of flexible insulating material (foam, see column 2, lines 47-56) configured to receive and insulate a beverage container (beverages are both warm and cold), wherein the interior of the hollow first cylinder has no intruding discontinuities, and the interior of the hollow first cylinder has no cut-outs or gaps in its cylindrical wall, a hollow second cylinder forming a hollow handle (34) affixed to the exterior of the hollow first cylinder, the hollow handle configured to be grasped by a user to lift and carry the cooler, wherein the entire cooler is formed of foam (see column 2, lines 47-56) which is a flexible material, and wherein the interior of the hollow handle has no intruding discontinuities and no cut-outs or gaps in its cylindrical wall, wherein the interior of the hollow handle is dimensioned to hold a small personal item selected from the group consisting of a tube of lip balm, a tube of lipstick and a cigarette lighter.
As to claim 25, Yeh et al. disclose foam (see column 2, lines 47-56).
As to claim 26, the hollow handle is cylindrical and open at the topmost end.
As to claim 27, the hollow handle is configured to snugly secure a cigarette lighter.
As to claim 29, the hollow first cylinder is to fit a can, a bottle or a cup (see column 2, lines 47-56).
As to claim 30, the hollow handle is affixed directly to the sidewall of the hollow first cylinder by flexible (foam rubber) straps.
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 24-27 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Yeh et al..
Yeh et al. discloses a beverage sleeve that will inhibit heating or cooling of a content inherently and would, if provided with a cooler content, would serve as a cooler, the cooler comprising a cylindrical body (22) formed of flexible insulating material (foam, see column 2, lines 47-56) configured to receive and insulate a beverage container (beverages are both warm and cold), wherein the interior of the hollow first cylinder has no intruding discontinuities, and the interior of the hollow first cylinder has no cut-outs or gaps in its cylindrical wall, a hollow second cylinder forming a hollow handle (34) affixed to the exterior of the hollow first cylinder, the hollow handle configured to be grasped by a user to lift and carry the cooler, wherein the entire cooler is formed of foam (see column 2, lines 47-56) which is a flexible material, and wherein the interior of the hollow handle has no intruding discontinuities and no cut-outs or gaps in its cylindrical wall, wherein the interior of the hollow handle is dimensioned to hold a small personal item selected from the group consisting of a tube of lip balm, a tube of lipstick and a cigarette lighter. The material composition of Yeh et al. that maintains a heated content hot will similarly provide a cooling maintenance to a cooled content.
As to claim 25, Yeh et al. disclose foam (see column 2, lines 47-56).
As to claim 26, the hollow handle is cylindrical and open at the topmost end.
As to claim 27, the hollow handle is configured to snugly secure a cigarette lighter.
As to claim 29, the hollow first cylinder is to fit a can, a bottle or a cup (see column 2, lines 47-56).
As to claim 30, the hollow handle is affixed directly to the sidewall of the hollow first cylinder by flexible (foam rubber) straps.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Yeh et al. as applied to claim 24 above, and further in view of Nordberg et al. (5,607,078). Yeh et al. do not disclose a connection feature suitable for attachment of a clip. However, Nordberg et al. disclose a similar structure including a handle (14) configured with a connection feature (32) suitable for attachment of a clip (28). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the sleeve of Yeh et al. with a connection feature in the manner of Nordberg et al. as claimed, as such a modification would predictably provide a means for counting refills of the sleeve as suggested by Nordberg et al.. The clip attachment of Nordberg et al. extends to the lower end of the handle.
Claims 31 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Yeh et al. as applied to claim 24 above, and further in view of Prentice (3,013,691)(Figure 5). Yeh et al. do not disclose the cylindrical body (22) open at both ends. However, Prentice disclose a similar structure (12 in Figure 5) having a beverage container-containing cylindrical body open at both ends (see Figure 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Yeh et al. with a beverage container-containing cylindrical body open at the bottom in the manner of Prentice as claimed, as such a modification would predictably work against a vacuum being formed between the beverage container and the cooler facilitating loading and separation of the beverage container from the first cylinder.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Yeh et al. as applied to claim 24 above, and further in view of either one of Denis (2017/0238743) and DE 20211894. Yeh et al. do not disclose a thermoregulating unit. However, Denis and DE 20211894 each disclose a similar cooler including a thermoregulating unit (120; defined control unit). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cooler of Yeh et al. with a thermoregulating unit in the manner of either one of Denis and DE 20211894 as claimed, as such a modification would predictably provide a controlled cooling of the content.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Yeh et al. as applied to claim 24 above, and further in view of either one of Brown et al. (2017/0000275) and Fleming (4,886,183). Yeh et al. do not disclose an illuminating unit. However, Brown et al. and Fleming each disclose a cooler with an illuminating unit (20; 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cooler of Yeh et al. with an illuminating unit in the manner of either one of Brown et al. and Fleming as claimed, as such a modification would predictably provide an illuminated display to the cooler.
Applicant's amendments and arguments filed February 21, 2026 have been fully considered but they are not persuasive. The amended claims 24-31 and new claims 32-34 do not distinguish over Yeh et al and other sundry known teachings of the prior art. Furthermore, the amended claims introduce new matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles, can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG