Notice of Pre-AIA or AIA Status
1. 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 § 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.
2. Claims 21-31 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 21 recites “the first receptacle and the second receptacle being formed as recesses on opposite sides of the bottle”. The scope of “formed as recessed” is unclear. How is a bottle “formed as a recess”? Does “recess” refer to the internal cavity of the bottle? If so, this would seem to be the same thing as the claimed “receptacle” and would be redundant as well as confusing. Claim 30 seems to elaborate on these terms and recites the bottle being secured within the receptacle. Here it seems the receptacle is separate from the bottle and is likely the receptacle formed in the sleeve as seen in Figure 39. Clarification is required. For the purpose of examination, any bottle having an internal receptacle/recess and/or a sleeve having a recess will be considered sufficient to satisfy this limitation.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. Claims 21, 22, 24-33, and 35-40 are rejected under 35 U.S.C. 103 as being unpatentable over Tweeton (US 4,228,908 A) in view of Wasserman (US D349,190 S).
Regarding claim 21, Tweeton (Figures 1-6) discloses a bottle and container assembly, comprising: a bottle, the bottle including: a first bottle portion (one of “two baby bottles” in col. 2 lines 35-38) defining a first receptacle; a second bottle (other of “two baby bottles” in col. 2 lines 35-38 portion) defining a second receptacle, the first receptacle and the second receptacle being formed as recesses on opposite sides (left and right) of the bottle (see Figure 1), the first receptacle not being in fluid communication with the second receptacle (separate bottle portions); and a sleeve (18/19/24/30) configured to secure the first bottle portion and the second bottle portion (see Figure 1). Tweeton fails to disclose a container movably or removably attached to a first end of the bottle, the container defining a compartment sized to receive an oral device. Wasserman shows that it was already known for a bottle carrier to include a compartment movably or removably attached (when zipper is undone) to a first end thereof. A person of ordinary skill in the art at the time Applicant’s invention was effectively filed would have realized through their own available knowledge and reasoning that such a compartment would allow a user to conveniently carry additional items along with the bottle and would have found it obvious to have added such a compartment to the first end (bottom) of the Tweeton sleeve for this reason. The sleeve of the Tweeton assembly is part of the bottle, as defined by Applicant’s claim 21.
Regarding claim 22, Tweeton as modified above would include the assembly of claim 21, wherein the container, as taught by Wasserman, is movably coupled to the bottle via a connection mechanism, as taught by Wasserman (see hinge and zipper), wherein upon release of the connection mechanism, the container is configured to slide or rotate relative to the bottle, as taught by Wasserman (see rotation in Figure 1 of Wasserman).
Regarding claim 24, Tweeton as modified above would include the assembly of claim 21, wherein the sleeve (18/19/24/30) includes a first opening and a second opening (34 and 35, within 30, see Figure 5) at a second end of the bottle, the second end of the bottle being opposite of the first end, as originally taught by Tweeton.
Regarding claim 25, Tweeton as modified above would include the assembly of claim 24, wherein the first opening is located at a first corner of the second end of the bottle and the second opening is located at a second corner of the second end of the bottle, as originally taught by Tweeton (see Figure 5 where 34 and 35 would each be at upper left and right “corners” of the bottle as so broadly claimed).
Regarding claim 26, Tweeton as modified above would include the assembly of claim 24, wherein the first bottle portion includes a first cap that extends through the first opening and that is configured to allow fluid contained within the first bottle portion to flow through the first cap, as originally taught by Tweeton (Figure 5 where 34 and 35 would receive the caps/nipples of the bottles).
Regarding claim 27, Tweeton as modified above would include the assembly of claim 26, wherein the second bottle portion includes a second cap that extends through the second opening and that is configured to allow fluid contained within the second bottle portion to flow through the second cap, as originally taught by Tweeton.
Regarding claim 28, Tweeton as modified above would include the assembly of claim 27, wherein the first receptacle (first bottle portion) includes a third end and a fourth end opposite of the third end, the third end being closer to the first end of the bottle the fourth end being closer to the second end of the bottle, a first distance between the third end and the fourth end of the first receptacle being less than a second distance between the first end of the bottle and the second end of the bottle, as originally taught by Tweeton (basically the baby bottle is shorter than the sleeve).
Regarding claim 29, Tweeton as modified above would include the assembly of claim 28, the first cap includes a first nozzle that extends above the third end of the first receptacle, as originally taught by Tweeton (see bottle nipple).
Regarding claim 30, Tweeton as modified above would include the assembly of claim 28, the sleeve including a wall portion (wall portion of 21 within 20) extending from the first opening (34) to the third end of the first bottle portion such that a portion of the first receptacle (baby bottle placed within 21) is positioned inward with respect to the wall portion when the first bottle portion is secured within the first receptacle (see Figures 1 and 3), as originally taught by Tweeton.
Regarding claim 31, Tweeton as modified above would include the assembly of claim 21, wherein the first bottle portion and second bottle portion are configured to detach from the sleeve, as originally taught by Tweeton (baby bottles are removable).
Regarding claim 32, Tweeton as modified above would include a bottle and container assembly, comprising: a bottle, as originally taught by Tweeton, the bottle including: a first end and a second end opposite of the first end, as originally taught by Tweeton; a first bottle portion defining a first receptacle, as originally taught by Tweeton; a second bottle portion defining a second receptacle, as originally taught by Tweeton; and a sleeve configured to secure the first bottle portion and the second bottle portion, as originally taught by Tweeton, and a container movably or removably attached to a first end of the bottle at the sleeve, the container defining a compartment for storage, as taught by Wasserman.
Regarding claim 33, Tweeton as modified above would include the assembly of claim 32, wherein the container is movably coupled to the sleeve via a connection mechanism, wherein upon release of the connection mechanism, the container is configured to slide or rotate relative to the bottle, as taught by Wasserman.
Regarding claim 35, Tweeton as modified above would include the assembly of claim 32, wherein the sleeve includes a first opening and a second opening at the second end of the bottle, as originally taught by Tweeton (see openings 34 and 35).
Regarding claim 36, Tweeton as modified above would include the assembly of claim 35, wherein the first opening is located at a first corner of the second end of the bottle and the second opening is located at a second corner of the second end of the bottle, as originally taught by Tweeton (see Figure 5).
Regarding claim 37, Tweeton as modified above would include the assembly of claim 35, wherein the first bottle portion includes a first cap that extends through the first opening and that is configured to allow fluid contained within the first bottle portion to flow through the first cap, as originally taught by Tweeton.
Regarding claim 38, Tweeton as modified above would include the assembly of claim 37, wherein the second bottle portion includes a second cap that extends through the second opening and that is configured to allow fluid contained within the second bottle portion to flow through the second cap, as originally taught by Tweeton.
Regarding claim 39, Tweeton as modified above would include a bottle and container assembly, comprising: a bottle, the bottle including: a first end and a second end opposite of the first end, as originally taught by Tweeton; a structural sleeve with a first opening and a second opening as originally taught by Tweeton; a first bottle portion defining a first receptacle within the structural sleeve, the first bottle portion including a first cap that extends through the first opening of the structural sleeve as originally taught by Tweeton; a second bottle portion defining a second receptacle within the structural sleeve, the second bottle portion including a second cap that extends through the second opening of the structural sleeve as originally taught by Tweeton; and a container movably or removably attached to a first end of the bottle at the structural sleeve, the container defining a compartment for storage, as taught by Wasserman.
Regarding claim 40, Tweeton as modified above would include the assembly of claim 39, wherein the container is movably coupled to the sleeve via a connection mechanism, wherein upon release of the connection mechanism, the container is configured to slide or rotate relative to the bottle, as taught by Wasserman.
6. Claims 23 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Tweeton (US 4,228,908 A) in view of Wasserman (US D349,190 S) as applied above, further in view of Goodin (US 10,729,620 B2).
Regarding claim 23, Tweeton as modified above would include the assembly of claim 21, but so far fails to include wherein the first bottle portion and the second bottle portion are formed of a translucent material and configured to provide a view of content within the first bottle portion and the second bottle portion.
Regarding claim 34, Tweeton as modified above would include the assembly of claim 32, but so far fails to include wherein the first bottle portion and the second bottle portion are formed of a translucent material and configured to provide a view of content within the first bottle portion and the second bottle portion.
Tweeton is silent as to the material of the bottles. Goodin teaches that translucent material was already known to be suitable for use as a bottle sidewall (see col. 5 lines 48-51). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have made the Tweeton bottles from a translucent material, where such material was already known to be suitable for such use, as shown by Goodin. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN M LARSON/Primary Examiner, Art Unit 3734 10/21/25