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
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lapsker (D760021) in view of Karussi et al. (U.S. Pub. No. 20170066573) and Grossenbacker et al. (EP0670269)
Regarding Claim 1, Lapsker discloses a beverage container (Figure 8) comprising a vessel (Figure 8), the open top vessel comprising a first outside face (Figure 8), a handle (Figure 1 below) comprising a ring (Figure 1 below), the ring comprising a second outside face (Figure 1 below), a second inside face (Figure 1 below) and a first bottom extension (Figure 1 below), the first bottom extension comprising a second threaded connection (Figure 1 below), the second threaded connection configured to mate with the first threaded connection (figure 8), the second inside face comprising a third threaded connection (Figure 1 below), the second outside face comprising a surface that creates a smooth transition between the first outside face and the second outside face when the ring is mated to the vessel (Figure 8) and a cap (Figure 8). Lapsker does not disclose (or at least clearly show in figures) the open top vessel comprising a first threaded connection positioned on a first inside face and the cap comprising a second bottom extension, the bottom extension comprising a fourth threaded connection configured to mate with either the first threaded connection of the third threaded connection and the fourth threaded connection configured to mate interchangeably with both the first threaded connection and the third threaded connection. However, Karussi et al. teaches the open top vessel (Figure 4) comprising a first threaded connection 28A (Figure 4) positioned on a first inside face (Figure 4) and the cap 48 (Figure 7) comprising a second bottom extension 54B (Figure 7), the bottom extension comprising a fourth threaded connection 54C (Figure 7). Grossenbacker et al. teaches a fourth threaded connection configured to mate with either the first threaded connection of the third threaded connection and the fourth threaded connection configured to mate interchangeably with both the first threaded connection and the third threaded connection (paragraph 4-6). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lapsker to include the above, as taught by Karussi et al. and Grossenbacker et al., in order to allow for a tight seal between the various lid components and the container and removal of the handle as needed.
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Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN JENNESS can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733