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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 31, 2026 has been entered.
Drawings
The drawings were received on August 31, 2026. These drawings are acceptable.
Specification
The Specification amendment filed August 31, 2026 is acceptable. The Specification amendment filed August 31, 2026 has been entered herein.
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.
Claims 12-14 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 pre-AIA the applicant regards as the invention.
Claim 12 recites the limitation “an outer sidewall of the liquor bottle” in line 2. It is unclear if this refers to “an outer sidewall of the liquor bottle” recited in Claim 3, line 22 or to an entirely different outer sidewall. For purposes of examination Examiner interprets the claims to refer to the same outer sidewall of the liquor bottle.
Clarification is required.
Claims 13-14 are rejected as being dependent on a rejected base claim.
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wahlstrom US 2013/0037506 in view of Willis et al. US 2020/0391928, Garcia US 2019/0099022, and Erica “infuse your booze! a complete guide to diy flavored liquors” <https://nwedible.com/infuse-your-booze-a-complete-guide-to-diy-flavored-liquors/> (published October 9, 2013) (herein referred to as “Erica”) as further evidenced by “Moonshine (aka Unaged Whiskey Cocktail)” <https://ohsobeautifulpaper.com/2014/07/friday-happy-hour-unaged-whiskey-cocktail-recipe/> (published July 11, 2014) (herein referred to as “Moonshine”) in further view of Roucou US 2018/0105335.
Regarding Claim 1, Wahlstrom discloses a beverage package comprising a beverage bottle (bottle 10) wherein the beverage bottle comprises an upper cup body (upper chamber 16) and a lower cup body (lower chamber 18), the upper cup body comprises a first partition plate (upper seal 20) provided with a first through hole (upper seal apertures 24), the lower cup body comprising a second partition plate (lower seal 22) provided with a second through hole (lower seal apertures 24) (‘506, Paragraph [0096]). The upper cup body is rotatably connected with the lower cup body and the first partition plate (upper seal 20) is rotatable along with the upper cup body (‘506, FIGS. 2B-2C) (‘506, Paragraph [0095]).
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Wahlstrom discloses the beverage bottle invention being applied to any bottle or container having plural chambers and is configured for any use with any substance wherein each chamber is configured to store or hold any substance or task requiring the storage of substances in separate chamber and subsequent mixing or combining of the substances (‘506, Paragraphs [0003] and [0140]). Wahlstrom also discloses it was known in the food and beverage art to make a drink container having two chambers separated by a membrane and holding different liquids wherein one of the liquids is alcohol and the other liquid is a drink preparation (‘506, Paragraph [0020]). However, Wahlstrom is silent regarding the beverage package and beverage bottle being a liquor package comprising a liquor bottle.
Willis et al. discloses a liquor package (bottle system 100) (‘928, Paragraph [0127]) comprising a liquor bottle (‘928, Paragraph [0175]). The liquor bottle comprises an upper cup body (second housing element 106) that is a liquor mixing cavity (second fluid compartment 118) and a lower cup body (first housing element 104) that is a liquor liquid cavity (first fluid compartment 116) capable of accommodating liquor liquid (‘928, FIGS. 4-5) (‘928, Paragraphs [0128] and [0175]) wherein the upper cup body is rotatably connected with the lower cup body to allow the first liquor mixing sugar liquid in the liquor mixing cavity to mix with the liquor liquid in the liquor cavity (‘928, Paragraph [0129]).
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Similarly, Garcia discloses a beverage system comprising a liquor bottle (miniature liquor bottle 200) wherein an upper portion of the system is a liquor mixing cavity and a lower portion of the system is a second beverage cavity (bowl 106) wherein the system comprises an upper cup body having the liquor mixing cavity (miniature liquor bottle 200) and a lower cup body (glass 100) having the second beverage cavity (bowl 106) (‘022, FIG. 1B) (‘022, Paragraph [0106]) wherein the first beverage contents of the liquor mixing cavity (at miniature liquor bottle 200) is capable of mixing with the second beverage contents of the second beverage cavity (bowl 106) (‘022, Paragraph [0049]).
Wahlstrom, Willis et al., and Garcia are directed towards the same field of endeavor of beverage package systems for mixing at least two beverage ingredients together wherein the at least two beverage ingredients are initially separated from one another and then mixed together when desired to make a mixed beverage. Wahlstrom discloses the beverage bottle invention being applied to any bottle or container having plural chambers and is configured for any use with any substance wherein each chamber is configured to store or hold any substance or task requiring the storage of substances in separate chamber and subsequent mixing or combining of the substances (‘506, Paragraphs [0003] and [0140]). Wahlstrom and Willis et al. both disclose the beverage package systems for mixing at least two beverage ingredients which are initially separated from one another to be mixed together by rotatably connecting the upper cup body to the lower cup body to allow the at least two beverage ingredients to mix together (‘506, Paragraph [0095]) (‘928, Paragraphs [0128]-[0129]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage package using a beverage bottle applied to any bottle or container configured for use with any substance requiring the storage and separation of substances of beverages that are subsequently mixed together of Wahlstrom and apply the invention to a liquor bottle wherein the beverage bottle is a liquor package comprising a liquor bottle as taught by Willis et al. or Garcia based upon the desired type of beverage desired to be made by a particular consumer.
Further regarding Claim 1, the limitations “the liquor mixing cavity is configured to provide an expansion space for self service liquor mixing for drinkers and accommodate a first liquor mixing liquid, the raw liquor cavity is configured for accommodating raw liquor liquid which is capable of mixing with the first liquor mixing liquid to realize self service liquor mixing” and “such that the first through hole is capable of in communication with the second through hole to allow the first liquor mixing liquid in the liquor mixing cavity mixing with the raw liquor liquid in the raw liquor cavity” are seen to be recitations regarding the intended use of the “raw liquor package.” In this regard, applicant’s attention is invited to MPEP § 2114.I. and MPEP § 2114.II. which states features of an apparatus may be recited either structurally or functionally in view of In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima facie case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possess the functionally defined limitations of the claimed apparatus in view of In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40,100 USPQ2d 1433, 1440 (Fed. Cir. 2011). The burden then shifts to applicant to establish that the prior art does not possess the characteristic relied on in view of In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432; In re Swinehart, 439 F.2d 210, 213, 169 USPQ 226, 228 (CCPA 1971). Additionally, apparatus claims cover what a device is, not what a device does in view of Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claimed in view of Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Furthermore, if the prior art structure is capable of performing the intended use, then it meets the claim. Nevertheless, Wahlstrom discloses the intended use limitations of the first through hole is capable of in communication with the second through hole to allow the first beverage mixing ingredient (food 52) in the first beverage mixing cavity (upper chamber 16) mixing with the second beverage liquid (fluid 54) in the second beverage cavity (lower chamber 18) (‘506, FIGS. 2C and 2G) (‘506, Paragraphs [0100] and [0105]). Wahlstrom also discloses the invention being applied to any bottle or container having plural chambers wherein the bottle or container is configured for any use and each chamber is configured to store or hold any substance which bottle or container is configured for any use or task requiring the storage of substances in separates chambers and subsequent mixing or combining of the substances (‘506, Paragraph [0140]). Wahlstrom also discloses the beverage bottle invention being applied to any bottle or container having plural chambers and is configured for any use with any substance wherein each chamber is configured to store or hold any substance or task requiring the storage of substances in separate chamber and subsequent mixing or combining of the substances (‘506, Paragraphs [0003] and [0140]). Willis et al. discloses a liquor package (bottle system 100) (‘928, Paragraph [0127]) comprising a liquor bottle (‘928, Paragraph [0175]). The liquor bottle comprises an inner cavity having an upper portion (second housing element 106) that is a liquor mixing cavity (second fluid compartment 118) capable of accommodating a first liquor mixing sugar liquid (juice) and a lower portion (first housing element 104) that is a liquor liquid cavity (first fluid compartment 116) capable of accommodating liquor liquid (‘928, FIGS. 4-5) (‘928, Paragraphs [0128] and [0175]) wherein the liquor package of the bottle system is also capable of storing any suitable liquid (‘928, Paragraph [0175]). Garcia discloses a beverage system comprising a liquor bottle (miniature liquor bottle 200) wherein an upper portion of the system is a liquor mixing cavity and a lower portion of the system is a second beverage cavity (bowl 106) wherein the system comprises an upper cup body having the liquor mixing cavity (miniature liquor bottle 200) and a lower cup body (glass 100) having the second beverage cavity (bowl 106) (‘022, FIG. 1B) (‘022, Paragraph [0106]) wherein the upper portion (bottle 200) of the system is a liquor mixing cavity containing tequila and the lower portion (glass 100) of the system is an alcoholic mixing cavity containing an alcoholic mixed drink such as a margarita (‘022, Paragraph [0049]). The disclosure of the upper portion (liquor bottle 200) of the system capable of accommodating a first liquor mixing liquid (tequila) (‘022, Paragraph [0049]). Both Wahlstrom and Garcia are directed towards the same field of endeavor of beverage package systems for mixing at least two beverage ingredients together wherein the at least two beverage ingredients are initially separated from one another and then mixed together when desired to make a mixed beverage. Although Garcia discloses a particular embodiment of the lower portion of the system containing an alcoholic mixed drink of margarita (‘022, Paragraph [0049]) and does not explicitly disclose the lower portion of the system accommodating raw liquor liquid, claims to a multicompartment container system for mixing multiple beverage ingredients together in which different beverage ingredients are initially stored in separate compartments that are eventually mixed together which read on the prior art except with regard to the position of a first liquor mixing liquid relative to a raw liquor liquid is held unpatentable because shifting the position of the first liquor mixing liquid relative to the raw liquor liquid would not have modified the operation of the device in view of In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (MPEP § 2144.04.VI.C.). Furthermore, the particular placement of the first liquor mixing liquid relative to the liquor liquid is held to be an obvious matter of design choice in view of In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (MPEP § 2144.04.VI.C.). Wahlstrom discloses the bottle being applied to any container having plural chambers configured for any use with any substance wherein the products are mixed for consumption (‘506, Paragraph [0003]). Willis et al. discloses the bottle holding any suitable liquid (‘928, Paragraph [0128]) that is to be mixed (‘928, Paragraph [0129]). The particular position of the first liquor mixing liquid relative to the liquor liquid in a multicompartmented beverage bottle is prima facie obvious since the first liquor mixing liquid eventually mixes with the liquor liquid to form a mixed drink, which mixed drink would be made irrespective of the position of the first liquor mixing liquid relative to the liquor liquid.
Further regarding Claim 1, Willis et al. discloses one of the compartments of the package containing liquor (‘928, Paragraph [0175]). Garcia also discloses one of the compartments of the package containing liquor liquid of tequila (‘022, Paragraphs [0011] and [0049]). However, Wahlstrom modified with Willis et al. and Garcia is silent regarding the liquor liquid of tequila that is to be mixed to be raw liquor liquid.
Erica discloses blanco tequila is unaged with a typically straight flavor and is a good choice for infusing with bold and assertive flavors that might overwhelm more subtle, aged tequilas wherein the lighter the tequila the more adaptable it will be to a diversity of flavor infusions (Erica, Page 4). Moonshine provides evidence that it was known in the food and beverage art that unaged liquor is considered raw liquor (Moonshine, Pages 2 and 5).
Wahlstrom discloses the beverage bottle invention being applied to any bottle or container having plural chambers and is configured for any use with any substance wherein each chamber is configured to store or hold any substance or task requiring the storage of substances in separate chamber and subsequent mixing or combining of the substances (‘506, Paragraphs [0003] and [0140]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the type of substance stored in one of the compartments of Wahlstrom that is to be mixed with other beverage ingredients to be a substance of a raw liquor liquid in the form of unaged tequila as taught by Erica based upon the desired type of beverages used to form a mixed drink desired by a particular consumer. Erica teaches that unaged blanco tequila has a straight flavor and is a good choice for infusing with bold and assertive flavors that might overwhelm more subtle, aged tequilas wherein the lighter the tequila the more adaptable it will be to a diversity of flavor infusions (Erica, Page 4).
Further regarding Claim 1, Wahlstrom modified with Willis et al., Garcia et al., and Erica is silent regarding an outer sidewall of the liquor bottle being provided with a covering piece, the covering piece comprises a first covering part, a second covering part, and a tearable opening structure formed by prefabricated cut dashed lines, the tearable opening structure is arranged at the connection between the first covering part and the second covering part wherein the first covering part is adhered and fixed to a sealing cover and the second covering part is adhered and fixed to the liquor bottle.
Roucou discloses a liquor bottle (bottle 1 containing alcoholic spirits) (‘335, Paragraph [0040]) having an outer sidewall provided with a covering piece (security label 15) wherein the covering piece (security label 15) comprises a first covering part (first part 15a), a second covering part (second part 15b), and a tearable opening structure (prerupture area 15c) formed by prefabricated cut dashed lines wherein the tearable opening structure (prerupture 15c) is arranged at the connection between the first covering part (first part 15a) and the second covering part (second part 15b) wherein the first covering part (first part 15a) is adhered and fixed to a sealing cover (plug 14) and the second covering part (second part 15b) is adhered and fixed to the liquor bottle (at neck 12 of bottle 1) (‘335, FIG. 2A) (‘335, Paragraphs [0042]-[0043]).
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Both modified Wahlstrom and Roucou are directed towards the same field of endeavor of beverage bottles. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the package of modified Wahlstrom and incorporate a covering piece on an outer sidewall of the liquor bottle wherein the covering piece comprises a first covering part, a second covering part, and a tearable opening structure formed by prefabricated cut dashed lines which tearable opening structure is arranged at the connection between the first covering part and the second covering part which first covering part is adhered and fixed to a sealing cover and the second covering part is adhered and fixed to the liquor bottle as taught by Roucou in order to provide a tamperproof seal that allows the user to detect whether the bottle has already been opened a first time (‘335, Paragraph [0042]).
Regarding Claim 2, the limitations “wherein the raw liquor liquid is made by fermenting and distilling brewing raw materials in a specific cellar without undergoing blending or mixing process, the specific cellar is one of multiple brewing fermentation cellars with different taste or flavor levels” are product by process limitations. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product by process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process in view of In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (MPEP § 2113.I.).
Regarding Claim 20, Wahlstrom discloses the first partition plate (upper seal 20) being provided at a bottom of the upper cup body and the second partition plate (lower seal 22) being provided at a top of the lower cup body (‘506, FIGS. 2B-2C).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wahlstrom US 2013/0037506 in view of Willis et al. US 2020/0391928, Garcia US 2019/0099022, and Erica “infuse your booze! a complete guide to diy flavored liquors” <https://nwedible.com/infuse-your-booze-a-complete-guide-to-diy-flavored-liquors/> (published October 9, 2013) (herein referred to as “Erica”) as further evidenced by “Moonshine (aka Unaged Whiskey Cocktail)” <https://ohsobeautifulpaper.com/2014/07/friday-happy-hour-unaged-whiskey-cocktail-recipe/> (published July 11, 2014) (herein referred to as “Moonshine”) in further view of Roucou US 2018/0105335 as applied to claim 1 above in further view of Sculler et al. US 2022/0175173.
Regarding Claim 19, Wahlstrom modified with Willis, Garcia, and Erica as further evidenced by Moonshine in further view of Roucou is silent regarding an outer sidewall of the liquor bottle being provided with at least one set of liquor mixing scales.
Sculler et al. discloses an alcohol package (bloody mary bottle (“173, FIG. 9) comprising a bottle (closable vessel 200) comprising a cup body having an outer sidewall provided with at least one set of liquor mixing scales (indicia 220) (‘173, FIG. 2) (‘173, Paragraph [0039]). The package comprises the at least one set of liquor mixing scales in the form of a plurality of indicia positioned and spaced so as to define a plurality of equally sized parts to indicate the level of contents of the mixing vessel following addition of a plurality of ingredients added to the vessel bottle (‘173, Paragraph [0018]).
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Both modified Wahlstrom and Sculler et al. are directed towards the same field of endeavor of beverage bottles containing beverage ingredients to be mixed together. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the outer sidewall of the beverage bottle of modified Wahlstrom and provide the outer sidewall of the beverage bottle with at least one set of mixing scales as taught by Sculler et al. in order to allow the user to fill the beverage bottle to the desired level of the liquid to be mixed.
Claims 3, 7-8, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wahlstrom US 2013/0037506 in view of Willis et al. US 2020/0391928, Garcia US 2019/0099022, and Erica “infuse your booze! a complete guide to diy flavored liquors” <https://nwedible.com/infuse-your-booze-a-complete-guide-to-diy-flavored-liquors/> (published October 9, 2013) (herein referred to as “Erica”) as further evidenced by “Moonshine (aka Unaged Whiskey Cocktail)” <https://ohsobeautifulpaper.com/2014/07/friday-happy-hour-unaged-whiskey-cocktail-recipe/> (published July 11, 2014) (herein referred to as “Moonshine”) in further view of Roucou US 2018/0105335, Tago US 6,598,419, and Lindenmayer US 2010/0176188.
Regarding Claim 3, Wahlstrom discloses a beverage package comprising a beverage bottle (bottle 10) comprising an upper cup body (upper chamber 16) and a lower cup body (lower chamber 18), the upper cup body comprises a first partition plate (upper seal 20) provided with a first through hole (upper seal apertures 24), the lower cup body comprising a second partition plate (lower seal 22) provided with a second through hole (lower seal apertures 24) (‘506, Paragraph [0096]). The upper cup body is rotatably connected with the lower cup body and the first partition plate (upper seal 20) is rotatable along with the upper cup body (‘506, FIGS. 2B-2C) (‘506, Paragraph [0095]).
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Wahlstrom discloses the beverage bottle invention being applied to any bottle or container having plural chambers and is configured for any use with any substance wherein each chamber is configured to store or hold any substance or task requiring the storage of substances in separate chamber and subsequent mixing or combining of the substances (‘506, Paragraphs [0003] and [0140]). Wahlstrom also discloses it was known in the food and beverage art to make a drink container having two chambers separated by a membrane and holding different liquids wherein one of the liquids is alcohol and the other liquid is a drink preparation (‘506, Paragraph [0020]). However, Wahlstrom is silent regarding the beverage package and beverage bottle being a liquor package comprising a liquor bottle.
Willis et al. discloses a liquor package (bottle system 100) (‘928, Paragraph [0127]) comprising a liquor bottle (‘928, Paragraph [0175]). The liquor bottle comprises an upper cup body (second housing element 106) that is a liquor mixing cavity (second fluid compartment 118) and a lower cup body (first housing element 104) that is a liquor liquid cavity (first fluid compartment 116) capable of accommodating liquor liquid (‘928, FIGS. 4-5) (‘928, Paragraphs [0128] and [0175]) wherein the upper cup body is rotatably connected with the lower cup body to allow the first liquor mixing sugar liquid in the liquor mixing cavity to mix with the liquor liquid in the liquor cavity (‘928, Paragraph [0129]).
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Similarly, Garcia discloses a beverage system comprising a liquor bottle (miniature liquor bottle 200) wherein an upper portion of the system is a liquor mixing cavity and a lower portion of the system is a second beverage cavity (bowl 106) wherein the system comprises an upper cup body having the liquor mixing cavity (miniature liquor bottle 200) and a lower cup body (glass 100) having the second beverage cavity (bowl 106) (‘022, FIG. 1B) (‘022, Paragraph [0106]) wherein the first beverage contents of the liquor mixing cavity (at miniature liquor bottle 200) is capable of mixing with the second beverage contents of the second beverage cavity (bowl 106) (‘022, Paragraph [0049]).
Wahlstrom, Willis et al., and Garcia are directed towards the same field of endeavor of beverage package systems for mixing at least two beverage ingredients together wherein the at least two beverage ingredients are initially separated from one another and then mixed together when desired to make a mixed beverage. Wahlstrom discloses the beverage bottle invention being applied to any bottle or container having plural chambers and is configured for any use with any substance wherein each chamber is configured to store or hold any substance or task requiring the storage of substances in separate chamber and subsequent mixing or combining of the substances (‘506, Paragraphs [0003] and [0140]). Wahlstrom and Willis et al. both disclose the beverage package systems for mixing at least two beverage ingredients which are initially separated from one another to be mixed together by rotatably connecting the upper cup body to the lower cup body to allow the at least two beverage ingredients to mix together (‘506, Paragraph [0095]) (‘928, Paragraphs [0128]-[0129]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage package using a beverage bottle applied to any bottle or container configured for use with any substance requiring the storage and separation of substances of beverages that are subsequently mixed together of Wahlstrom and apply the invention to a liquor bottle wherein the beverage bottle is a liquor package comprising a liquor bottle as taught by Willis et al. or Garcia based upon the desired type of beverage desired to be made by a particular consumer.
Further regarding Claim 3, the limitations “the liquor mixing cavity is configured to provide an expansion space for self service liquor mixing for drinkers and accommodate a first liquor mixing liquid, the raw liquor cavity is configured for accommodating raw liquor liquid which is capable of mixing with the first liquor mixing to realize self service liquor mixing,” “such that the first through hole is capable of in communication with the second through hole to allow the first liquor mixing liquid in the liquor mixing cavity mixing with the raw liquor liquid in the raw liquor cavity,” and “is configured to provide the second liquor mixing liquid to drinkers for liquor mixing” are seen to be recitations regarding the intended use of the “raw liquor package.” In this regard, applicant’s attention is invited to MPEP § 2114.I. and MPEP § 2114.II. which states features of an apparatus may be recited either structurally or functionally in view of In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima facie case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possess the functionally defined limitations of the claimed apparatus in view of In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40,100 USPQ2d 1433, 1440 (Fed. Cir. 2011). The burden then shifts to applicant to establish that the prior art does not possess the characteristic relied on in view of In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432; In re Swinehart, 439 F.2d 210, 213, 169 USPQ 226, 228 (CCPA 1971). Additionally, apparatus claims cover what a device is, not what a device does in view of Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claimed in view of Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Furthermore, if the prior art structure is capable of performing the intended use, then it meets the claim. Nevertheless, Wahlstrom discloses the intended use limitations of the first through hole is capable of in communication with the second through hole to allow the first beverage mixing ingredient (food 52) in the first beverage mixing cavity (upper chamber 16) mixing with the second beverage liquid (fluid 54) in the second beverage cavity (lower chamber 18) (‘506, FIGS. 2C and 2G) (‘506, Paragraphs [0100] and [0105]). Wahlstrom also discloses the invention being applied to any bottle or container having plural chambers wherein the bottle or container is configured for any use and each chamber is configured to store or hold any substance which bottle or container is configured for any use or task requiring the storage of substances in separates chambers and subsequent mixing or combining of the substances (‘506, Paragraph [0140]). Wahlstrom also discloses the beverage bottle invention being applied to any bottle or container having plural chambers and is configured for any use with any substance wherein each chamber is configured to store or hold any substance or task requiring the storage of substances in separate chamber and subsequent mixing or combining of the substances (‘506, Paragraphs [0003] and [0140]). Willis et al. discloses a liquor package (bottle system 100) (‘928, Paragraph [0127]) comprising a liquor bottle (‘928, Paragraph [0175]). The liquor bottle comprises an inner cavity having an upper portion (second housing element 106) that is a liquor mixing cavity (second fluid compartment 118) capable of accommodating a first liquor mixing sugar liquid (juice) and a lower portion (first housing element 104) that is a liquor liquid cavity (first fluid compartment 116) capable of accommodating liquor liquid (‘928, FIGS. 4-5) (‘928, Paragraphs [0128] and [0175]) wherein the liquor package of the bottle system is also capable of storing any suitable liquid (‘928, Paragraph [0175]). Garcia discloses a beverage system comprising a liquor bottle (miniature liquor bottle 200) wherein an upper portion of the system is a liquor mixing cavity and a lower portion of the system is a second beverage cavity (bowl 106) wherein the system comprises an upper cup body having the liquor mixing cavity (miniature liquor bottle 200) and a lower cup body (glass 100) having the second beverage cavity (bowl 106) (‘022, FIG. 1B) (‘022, Paragraph [0106]) wherein the upper portion (bottle 200) of the system is a liquor mixing cavity containing tequila and the lower portion (glass 100) of the system is an alcoholic mixing cavity containing an alcoholic mixed drink such as a margarita (‘022, Paragraph [0049]). The disclosure of the upper portion (liquor bottle 200) of the system capable of accommodating a first liquor mixing liquid (tequila) (‘022, Paragraph [0049]). Both Wahlstrom and Garcia are directed towards the same field of endeavor of beverage package systems for mixing at least two beverage ingredients together wherein the at least two beverage ingredients are initially separated from one another and then mixed together when desired to make a mixed beverage. Although Garcia discloses a particular embodiment of the lower portion of the system containing an alcoholic mixed drink of margarita (‘022, Paragraph [0049]) and does not explicitly disclose the lower portion of the system accommodating raw liquor liquid, claims to a multicompartment container system for mixing multiple beverage ingredients together in which different beverage ingredients are initially stored in separate compartments that are eventually mixed together which read on the prior art except with regard to the position of a first liquor mixing liquid relative to a raw liquor liquid is held unpatentable because shifting the position of the first liquor mixing liquid relative to the raw liquor liquid would not have modified the operation of the device in view of In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (MPEP § 2144.04.VI.C.). Furthermore, the particular placement of the first liquor mixing liquid relative to the liquor liquid is held to be an obvious matter of design choice in view of In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (MPEP § 2144.04.VI.C.). Wahlstrom discloses the bottle being applied to any container having plural chambers configured for any use with any substance wherein the products are mixed for consumption (‘506, Paragraph [0003]). Willis et al. discloses the bottle holding any suitable liquid (‘928, Paragraph [0128]) that is to be mixed (‘928, Paragraph [0129]). The particular position of the first liquor mixing liquid relative to the liquor liquid in a multicompartmented beverage bottle is prima facie obvious since the first liquor mixing liquid eventually mixes with the liquor liquid to form a mixed drink, which mixed drink would be made irrespective of the position of the first liquor mixing liquid relative to the liquor liquid.
Further regarding Claim 3, Willis et al. discloses one of the compartments of the package containing liquor (‘928, Paragraph [0175]). Garcia also discloses one of the compartments of the package containing liquor liquid of tequila (‘022, Paragraphs [0011] and [0049]). However, Wahlstrom modified with Willis et al. and Garcia is silent regarding the liquor liquid of tequila that is to be mixed to be raw liquor liquid.
Erica discloses blanco tequila is unaged with a typically straight flavor and is a good choice for infusing with bold and assertive flavors that might overwhelm more subtle, aged tequilas wherein the lighter the tequila the more adaptable it will be to a diversity of flavor infusions (Erica, Page 4). Moonshine provides evidence that it was known in the food and beverage art that unaged liquor is considered raw liquor (Moonshine, Pages 2 and 5).
Wahlstrom discloses the beverage bottle invention being applied to any bottle or container having plural chambers and is configured for any use with any substance wherein each chamber is configured to store or hold any substance or task requiring the storage of substances in separate chamber and subsequent mixing or combining of the substances (‘506, Paragraphs [0003] and [0140]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the type of substance stored in one of the compartments of Wahlstrom that is to be mixed with other beverage ingredients to be a substance of a raw liquor liquid in the form of unaged tequila as taught by Erica based upon the desired type of beverages used to form a mixed drink desired by a particular consumer. Erica teaches that unaged blanco tequila has a straight flavor and is a good choice for infusing with bold and assertive flavors that might overwhelm more subtle, aged tequilas wherein the lighter the tequila the more adaptable it will be to a diversity of flavor infusions (Erica, Page 4).
Further regarding Claim 3, Wahlstrom modified with Willis et al., Garcia et al., and Erica is silent regarding an outer sidewall of the liquor bottle being provided with a covering piece, the covering piece comprises a first covering part, a second covering part, and a tearable opening structure formed by prefabricated cut dashed lines, the tearable opening structure is arranged at the connection between the first covering part and the second covering part wherein the first covering part is adhered and fixed to a sealing cover and the second covering part is adhered and fixed to the liquor bottle.
Roucou discloses a liquor bottle (bottle 1 containing alcoholic spirits) (‘335, Paragraph [0040]) having an outer sidewall provided with a covering piece (security label 15) wherein the covering piece (security label 15) comprises a first covering part (first part 15a), a second covering part (second part 15b), and a tearable opening structure (prerupture area 15c) formed by prefabricated cut dashed lines wherein the tearable opening structure (prerupture 15c) is arranged at the connection between the first covering part (first part 15a) and the second covering part (second part 15b) wherein the first covering part (first part 15a) is adhered and fixed to a sealing cover (plug 14) and the second covering part (second part 15b) is adhered and fixed to the liquor bottle (at neck 12 of bottle 1) (‘335, FIG. 2A) (‘335, Paragraphs [0042]-[0043]).
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Both modified Wahlstrom and Roucou are directed towards the same field of endeavor of beverage bottles. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the package of modified Wahlstrom and incorporate a covering piece on an outer sidewall of the liquor bottle wherein the covering piece comprises a first covering part, a second covering part, and a tearable opening structure formed by prefabricated cut dashed lines which tearable opening structure is arranged at the connection between the first covering part and the second covering part which first covering part is adhered and fixed to a sealing cover and the second covering part is adhered and fixed to the liquor bottle as taught by Roucou in order to provide a tamperproof seal that allows the user to detect whether the bottle has already been opened a first time (‘335, Paragraph [0042]).
Further regarding Claim 3, Wahlstrom in view of Willis et al., Garcia, Erica as further evidenced by Moonshine in further view of Roucou is silent regarding a packaging box provided therein with at least one liquor mixing liquid bottle with the at least one raw liquor package wherein the liquor mixing liquid bottle contains a second liquor mixing liquid and is capable of providing the second liquor mixing liquid to drinkers for liquor mixing.
Tago discloses a packaging box (cold preserving agents accommodation box 10) comprising a plurality of liquor bottles (‘419, Column 1, lines 42-50). Alternatively, Lindenmayer discloses a bottle box for transporting, storing, and displaying beverages (‘188, Paragraph [0001]) comprising two bottles (dual bottle box 100) (‘188, FIG. 10) (‘188, Paragraph [0030]) for storing liquor (‘188, Paragraph [0002]).
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It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the liquor package of modified Wahlstrom and store the liquor package in a packaging box wherein the liquor mixing liquid bottle contains a second liquor mixing liquid since Tago and Lindenmayer teaches that it was known and conventional in the food and beverage packaging art to package multiple liquor bottles in a box.
Regarding Claims 7-8, Tago discloses the packaging box being provided therein with multiple liquor packages (plurality of bottles) (‘419, Column 6, lines 32-38). Lindenmayer also discloses a packaging box for transporting, storing, and displaying beverages (‘188, Paragraph [0001]) comprising multiple bottles (dual bottle box 100) (‘188, FIG. 10) (‘188, Paragraph [0030]) for storing liquor (‘188, Paragraph [0002]). Erica discloses blanco tequila is unaged with a typically straight flavor and is a good choice for infusing with bold and assertive flavors that might overwhelm more subtle, aged tequilas wherein the lighter the tequila the more adaptable it will be to a diversity of flavor infusions (Erica, Page 4). Moonshine provides evidence that it was known in the food and beverage art that unaged liquor is considered raw liquor (Moonshine, Pages 2 and 5).
Further regarding Claim 7, Wahlstrom in view of Willis et al., Garcia, and Erica as further evidenced by Moonshine in further view of Roucou, Tago. and Lindenmayer is silent regarding the raw liquor liquid in the multiple raw liquors being packaged from the same brewing fermentation cellar. However, the mere duplication of parts has not patentability significant unless a new and unexpected result is produced in view of In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (MPEP § 2144.04.VI.B.). One of ordinary skill in the art would package multiple raw liquors from the same brewing fermentation cellar in order to provide in bulk a particular set of the same liquors as desired.
Further regarding Claim 8, Wahlstrom in view of Willis et al., Garcia, and Erica as further evidenced by Moonshine in further view of Roucou, Tago, and Lindenmayer is silent regarding the raw liquor liquid in the multiple raw liquors being packaged from the multiple brewing fermentation cellars with different flavors and tastes. However, one of ordinary skill in the art would package multiple raw liquors from brewing fermentation cellars with different flavors and tastes in order to sell a variety package of various different liquors to a consumer as desired.
Regarding Claim 21, Wahlstrom discloses the first partition plate (upper seal 20) being provided at a bottom of the upper cup body and the second partition plate (lower seal 22) being provided at a top of the lower cup body (‘506, FIGS. 2B-2C).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wahlstrom US 2013/0037506 in view of Willis et al. US 2020/0391928, Garcia US 2019/0099022, and Erica “infuse your booze! a complete guide to diy flavored liquors” <https://nwedible.com/infuse-your-booze-a-complete-guide-to-diy-flavored-liquors/> (published October 9, 2013) (herein referred to as “Erica”) as further evidenced by “Moonshine (aka Unaged Whiskey Cocktail)” <https://ohsobeautifulpaper.com/2014/07/friday-happy-hour-unaged-whiskey-cocktail-recipe/> (published July 11, 2014) (herein referred to as “Moonshine”) in further view of Roucou US 2018/0105335, Tago US 6,598,419, and Lindenmayer US 2010/0176188 as applied to claim 3 above in further view of Cahoon US 2016/0220051.
Regarding Claim 4, Wahlstrom discloses the beverage bottle invention being applied to any bottle or container having plural chambers and is configured for any use with any substance wherein each chamber is configured to store or hold any substance or task requiring the storage of substances in separate chamber and subsequent mixing or combining of the substances (‘506, Paragraphs [0003] and [0140]), which encompasses commercially available liquids. Willis et al. discloses a liquor package (bottle system 100) (‘928, Paragraph [0127]) comprising a liquor bottle (‘928, Paragraph [0175]). Garcia discloses an alcoholic mixing cavity containing an alcoholic mixed drink such as a margarita (‘022, Paragraph [0049]). Erica discloses the tequila the more adaptable it will be to a diversity of flavor infusions. However, Wahlstrom in view of Willis et al., Garcia, and Erica as further evidenced by Moonshine is silent regarding the liquor mixing liquid of margarita comprising sugar liquid, seasoning liquid, or edible spice liquid.
Cahoon discloses a liquor mixing liquid of margarita comprising sugar liquid or seasoning liquid (salt for use with margaritas) or edible spice liquid (‘051, Paragraph [0012]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the type of liquor mixing liquid used in the package assembly of modified Wahlstrom to be sugar liquid, seasoning liquid, or edible spice liquid as taught by Cahoon based upon the desired flavor profile of the mixed drink to be made by a particular consumer.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wahlstrom US 2013/0037506 in view of Willis et al. US 2020/0391928, Garcia US 2019/0099022, and Erica “infuse your booze! a complete guide to diy flavored liquors” <https://nwedible.com/infuse-your-booze-a-complete-guide-to-diy-flavored-liquors/> (published October 9, 2013) (herein referred to as “Erica”) as further evidenced by “Moonshine (aka Unaged Whiskey Cocktail)” <https://ohsobeautifulpaper.com/2014/07/friday-happy-hour-unaged-whiskey-cocktail-recipe/> (published July 11, 2014) (herein referred to as “Moonshine”) in further view of Roucou US 2018/0105335, Tago US 6,598,419, Lindenmayer US 2010/0176188, and Cahoon US 2016/0220051 as applied to claim 4 above in further view of Evans et al. US 2018/0119076.
Regarding Claim 6, Wahlstrom in view of Willis et al. Garcia, and Erica as further evidenced by Moonshine in further view of Roucou, Tago, Lindenmayer, and Cahoon is silent regarding the first liquor mixing liquid comprising distilled water.
Evans et al. discloses a method of aging spirits such as moonshine comprising distilled water (‘076, Paragraph [0031]).
Both modified Wahlstrom and Evans et al. ‘076 are directed towards the same field of endeavor of liquors. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the package of modified Wahlstrom and incorporate distilled water into the first liquid mixing liquid as taught by Evans et al. since the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination in view of Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (MPEP § 2144.07). Evans et al. teaches that there was known utility in the beverage art to make liquors with distilled water.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wahlstrom US 2013/0037506 in view of Willis et al. US 2020/0391928, Garcia US 2019/0099022, and Erica “infuse your booze! a complete guide to diy flavored liquors” <https://nwedible.com/infuse-your-booze-a-complete-guide-to-diy-flavored-liquors/> (published October 9, 2013) (herein referred to as “Erica”) as further evidenced by “Moonshine (aka Unaged Whiskey Cocktail)” <https://ohsobeautifulpaper.com/2014/07/friday-happy-hour-unaged-whiskey-cocktail-recipe/> (published July 11, 2014) (herein referred to as “Moonshine”) in further view of Roucou US 2018/0105335, Tago US 6,598,419, and Lindenmayer US 2010/0176188 as applied to claim 3 above in further view of Sorensen US 6,379,032.
Regarding Claim 9, Wahlstrom in view of Willis et al., Garcia, and Erica as further evidenced by Moonshine in further view of Roucou,Tago, and Lindenmayer is silent regarding a liquor mixing device comprising multiple liquor mixing balls.
Sorensen discloses a beverage bottle comprising a mixing device comprising multiple mixing balls (plurality of interior agitators 44 that are spherically shaped) (‘032, FIG. 5) (‘032, Column 5, lines 30-42).
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Both modified Wahlstrom and Sorensen are directed towards the same field of endeavor of beverage containers containing beverages that are to be mixed. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the package of modified Wahlstrom and incorporate a liquid mixing device of multiple mixing balls as taught by Sorensen since the mere duplication of parts has not patentability significant unless a new and unexpected result is produced in view of In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (MPEP § 2144.04.VI.B.). One of ordinary skill in the art would package multiple mixing balls as taught by Sorensen in order to more effectively mix the beverage contained therein.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wahlstrom US 2013/0037506 in view of Willis et al. US 2020/0391928, Garcia US 2019/0099022, and Erica “infuse your booze! a complete guide to diy flavored liquors” <https://nwedible.com/infuse-your-booze-a-complete-guide-to-diy-flavored-liquors/> (published October 9, 2013) (herein referred to as “Erica”) as further evidenced by “Moonshine (aka Unaged Whiskey Cocktail)” <https://ohsobeautifulpaper.com/2014/07/friday-happy-hour-unaged-whiskey-cocktail-recipe/> (published July 11, 2014) (herein referred to as “Moonshine”) in further view of Roucou US 2018/0105335, Tago US 6,598,419, Lindenmayer US 2010/0176188 and Sorensen US 6,379,032 as applied to claim 9 above in further view of Grossman US 2016/0200502.
Regarding Claim 10, Wahlstrom in view of Willis et al., Garcia, and Erica as further evidenced by Moonshine in further view of Roucou, Tago, and Lindenmayer is silent regarding the liquor mixing device further comprising a tea bag with thread and the tea bag containing the liquor mixing balls.
Grossman discloses a tea bag (porous container 810) (‘502, Paragraph [0051]) containing a liquid mixing device comprising balls (balls comprising mixture with honey 820) (‘502, FIG. 8) (‘502, Paragraph [0033]) wherein the tea bag contains a thread (‘502, Paragraph [0055]) wherein the balls comprising honey encompasses a semi dry flavoring substance and/or a dry flavoring substance (‘502, Paragraph [0027]) which balls are applied in an interior of the tea bag (‘502, Paragraph [0039]) and contains herbs or spices (‘502, Paragraph [0055]) wherein the tea bag is used to mix ingredients together (‘502, Paragraphs [0028]-[0029] and [0047]). The tea bag contains a thread (string) (‘502, Paragraph [0055]).
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Both modified Wahlstrom and Grossman are directed towards the same field of endeavor of infusion beverage packages comprising herbs. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the liquor mixing device of modified Wahlstrom and incorporate the liquor mixing balls into a tea bag since Grossman teaches that it was known in the beverage packaging art to incorporate an ingredient mixing ball inside of a tea bag for the purposes of mixing ingredients containing herbs together to make a beverage.
Claims 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wahlstrom US 2013/0037506 in view of Willis et al. US 2020/0391928, Garcia US 2019/0099022, and Erica “infuse your booze! a complete guide to diy flavored liquors” <https://nwedible.com/infuse-your-booze-a-complete-guide-to-diy-flavored-liquors/> (published October 9, 2013) (herein referred to as “Erica”) as further evidenced by “Moonshine (aka Unaged Whiskey Cocktail)” <https://ohsobeautifulpaper.com/2014/07/friday-happy-hour-unaged-whiskey-cocktail-recipe/> (published July 11, 2014) (herein referred to as “Moonshine”) in further view of Roucou US 2018/0105335, Tago US 6,598,419, and Lindenmayer US 2010/0176188 as applied to claim 3 above in further view of Landry et al. US 2018/0157946 and Burton et al. US 2021/0354975.
Regarding Claim 12, Wahlstrom in view of Willis et al., Garcia, and Erica as further evidenced by Moonshine in further view of Roucou, Tago, and Lindenmayer is silent regarding
Landry et al. discloses a wine and liquor bottle comprising a neck having a 2D barcode label bonded to said neck (‘946, FIG. 3) (‘946, Paragraph [0055]) wherein the use obtains information on the product and accesses promotional material issued by the manufacturer or seller of the product and to verify authenticity of the product (‘946, Paragraph [0056]).
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Burton et al. discloses a smart device housing comprising a screen for the display of information pertaining to a beverage vessel, its contents or its intended use in the supply chain wherein the display is used for showing a unique identifier, serial number, or QR code for the beverage vessel or smart device, indicating the beverage or batch information of the contents of the beverage vessel such as name, alcoholic content, production date, manufacturer, instructions for appropriate storage and transport of the beverage container, freshness indications of the contents of the beverage vessel including data that has been calculated locally or in the cloud based on time and storage temperature, advertising or promotional instructions (‘975, Paragraph [0164]).
Modified Wahlstrom, Landry et al., and Burton et al. are all directed towards the same field of endeavor of beverage containers containing alcoholic beverages. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the liquor package of modified Wahlstrom and provide the outer sidewall of the liquor bottle with an identification piece in the form of a bar code and/or QR code as taught by Landry et al. and Burton et al. in order to provide information on the product and access promotion material issued by the manufacturer or seller of the product and to verify authenticity of the product (‘946, Paragraph [0056]) as well as to notify the handler of the beverage container of an important pending messages (‘975, Paragraph [0156]) and to indicate the beverage or batch information of the contents of the beverage vessel such as name, alcoholic content, production date, manufacturer, instructions for appropriate storage and transport of the beverage container (‘975, Paragraph [0164]). Although Landry et al. and Burton et al. does not explicitly disclose the identification piece having a cellar number identification or a cellar alcohol content identification or the flavor identification or the cellar grade information specifically, Landry et al. discloses providing information on the product issued by the manufacturer or seller (‘946, Paragraph [0056]) and indicating the alcoholic content of the beverage and the batch information (‘975, Paragraph [0164]). One of ordinary skill in the art would incorporate any desired information pertaining to the contents of the beverage of modified Wahlstrom on an identification piece in the form of the bar code and/or QR code with any information pertaining to the contents of the beverage as taught by Landry et al. and Burton et al.
Regarding Claim 14, Landry et al. discloses the identification piece being provided with a digital identifier (barcode/QR code) capable of being scanned (‘946, Paragraphs [0001]-[0002]). Burton et al. also discloses the identification piece being provided with a digital identifier capable of being scanned (‘975, Paragraphs [0156] and [0164]) wherein the scanning is done through a mobile terminal (mobile phone) (‘975, Paragraph [0151]) capable of connecting to a cloud server based on sending prize information (promotional instructions) (‘975, Paragraph [0164]).
Further regarding Claim 14, the limitations “for scanning and identification by mobile terminals, the digital identifier is configured for a mobile terminal to scan and thereby connect to a cloud server of a distiller or supplier and upload cellar information corresponding to the raw liquor in the liquor bottle to the cloud server of the distillery or supplier such that the cloud server of the distillery or supplier sends electronic gifts, electronic currencies, or prize information corresponding to the cellar information to the mobile terminal” are product by process limitations and as such are rejected for the same reasons regarding product by process limitations enumerated in the rejections of Claim 2 above.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wahlstrom US 2013/0037506 in view of Willis et al. US 2020/0391928, Garcia US 2019/0099022, and Erica “infuse your booze! a complete guide to diy flavored liquors” <https://nwedible.com/infuse-your-booze-a-complete-guide-to-diy-flavored-liquors/> (published October 9, 2013) (herein referred to as “Erica”) as further evidenced by “Moonshine (aka Unaged Whiskey Cocktail)” <https://ohsobeautifulpaper.com/2014/07/friday-happy-hour-unaged-whiskey-cocktail-recipe/> (published July 11, 2014) (herein referred to as “Moonshine”) in further view of Roucou US 2018/0105335, Tago US 6,598,419, Lindenmayer US 2010/0176188, Landry et al. US 2018/0157946, and Burton et al. US 2021/0354975 as applied to claim 12 above in further view of Havard et al. US 2004/0221944.
Regarding Claim 13, Wahlstrom in view of Willis et al., Garcia, and Erica as further evidenced by Moonshine in further view of Roucou, Tago, Lindenmayer, Landry et al., and Burton et al. is silent regarding the outer sidewall of the liquor bottle being further provided with a removable covering piece that is removable from the outer sidewall of the liquor bottle and the covering piece covering the identification piece such that the identification piece is invisible prior to the removal of the covering piece thereby concealing the identity or characteristic of the liquor until the covering piece is deliberately removed by a user and a blind box drinking style is formed.
Havard et al. discloses a beverage bottle (beer bottle) comprising an outer sidewall provided with an identification piece (third printed area 78) and a covering piece (piggyback panel 64) covering the identification piece (third printed area 78) such that the identification piece (third printed area 78) is invisible prior to the removal of the covering piece (piggyback panel 64) thereby concealing the identity or characteristic of beverage bottle contents until the covering piece (piggyback panel 64) is deliberately removed (peeled away) by a user (‘944, FIG. 3) (‘944, Paragraphs [0027]-[0028]).
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Both modified Wahlstrom and Havard et al. are directed towards the same field of endeavor of beverage bottles. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the beverage bottle of modified Wahlstrom and incorporate a removable covering piece that covers the identification piece such that the identification piece is invisible prior to the removal of the covering piece thereby concealing the identity or characteristic of the identification piece until the covering is deliberately removed and a blind box drinking style is formed since Havard et al. teaches that there was known utility in the food and beverage packaging art to incorporate a removable covering piece that covers the contents of an identification piece having indicia to conceal the identity or characteristics of the identification piece until the covering is deliberately removed.
Response to Arguments
Examiner notes that the Specification filed August 31, 2026 has been entered herein.
Examiner notes that the Drawings filed August 31, 2026 have been entered herein.
Examiner notes that the previous Claim Objections have been withdrawn in view of the amendments.
Examiner notes that the previous new matter rejections under 35 USC 112(a) have been withdrawn in view of the amendments.
Examiner notes that the previous indefiniteness rejections under 35 USC 112(b) have been withdrawn in view of the amendments.
Applicant’s arguments with respect to the previous obviousness rejections of independent Claims 1 and 3 under 35 USC 103(a) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The secondary reference of Roucou is being relied upon to teach the new limitations regarding an outer sidewall of the bottle being provided with a covering piece wherein the covering piece comprises a first covering part, a second covering part, and a tearable opening structure formed by prefabricated cut dashed lines, the tearable opening structure is arranged at the connection between the first covering part and the second covering part, the first covering part is adhered and fixed to a sealing cover and the second covering part is adhered and fixed to the bottle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boulouri US 2009/0315315 discloses a bottle comprising a label having a removable portion (‘315, Paragraph [0018]).
Salemi et al. US 2003/0043039 discloses a bottle comprising a bottle wall on which security tags are concealed in hidden depressions in the bottle walls and beneath the bottle labels (‘039, Paragraph [0004]).
Stern et al. US 5,350,612 discloses a wet strength removable coupon (‘612, Column 1, lines 7-13).
Swierczek US 5,024,014 discloses a label that can be separated from a bottle or container for use as a coaster (‘014, Column 1, lines 10-12).
Balogh et al. US 2015/0235575 discloses a generally cylindrical container (wine bottle 17) having a label and a label protector made of a transparent flexible plastic sheet positioned over the label such that the label is protected from wear but substantially visible through the label protector (‘575, FIG. 1) (‘575, Paragraphs [0008] and [0032]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICSON M LACHICA whose telephone number is (571)270-0278. The examiner can normally be reached M-F, 8:30am-5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at 571-270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICSON M LACHICA/Examiner, Art Unit 1792
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