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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Invention II, Claims 8-14 in the reply filed on January 15, 2026 is acknowledged. Claims 1-7 and 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, with there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 15, 2026.
Priority
This application repeats a substantial portion of prior Application No. 18/456,746, filed August 28, 2023, and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it constitutes a continuation-in-part of the prior application.
Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the length of the abstract is 163 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Specification
The disclosure is objected to because of the following informalities. Appropriate correction is required.
Paragraph 46 Lines 3-4 could read, “…the opening and closing mechanism 806 is a zipper ….”
Paragraph 55 could read,
“Referring back to FIG. 10, container 1004 may include a hanger 1018 with a hanging notch 1020 and/or hanging holes 1022. In practice, hanger 1018 may facilitate a proper location within sleeve 1008. As shown, protrusions 1024 are located within cooler 1002. In the depicted system, protrusions 1024 are sized and located in a manner to allow for an interference fit within holes 1022. In practice a user may fill container 1004 with a desired liquid, slide container 1004 within sleeve 1008, and removably secure container 1004 in place by pressing holes 1022 onto protrusions 1024.”
Paragraph 56 Line 2 could read, “…notch 1020 may allow for hanging container ….”
Paragraph 57 Lines 22-24 could read, “As shown in FIG. 11, a filled container system 1108 may be placed within cooler 1102 and inside sleeve 1104 in a manner that allows dispensing system 1116 to extend through 1106.”
Paragraph 58 Line 3 could read, “…cup under dispending system 1116.”
Claim Objections
Claims 10-14 are objected to because of the following informalities. Appropriate correction is required.
Claim 10 could read, “…is located at a top of the beverage container.”
Claim 11 Line 1 could read, “…further comprising a cooler, the cooler having ….”
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 8-14 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 8-14 of copending Application No. 18/806,258 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Claims 8-14 in application ‘258 recite:
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Allowable Subject Matter
Claims 8-14 would be allowable if rewritten to overcome the provision statutory double patenting rejection(s).
Re Claim 8, the prior art discloses most of the claimed invention. However, the prior art does not expressly disclose a spring-loaded stop valve that is opened when the adapter plug is releasably connected to the mating plug such that a liquid within the beverage container can gravity drain from the beverage container and through the open spring- loaded stop valve when the beverage container is inverted.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J HICKS whose telephone number is (571)270-1893. The examiner can normally be reached Mon - Fri 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando Aviles-Bosques can be reached at 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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/ROBERT J HICKS/Primary Examiner, Art Unit 3736