Prosecution Insights
Last updated: April 19, 2026
Application No. 18/620,814

DRINKWARE CONTAINER WITH ACTIVE TEMPERATURE CONTROL

Final Rejection §103§DP
Filed
Mar 28, 2024
Examiner
TEIXEIRA MOFFAT, JONATHAN CHARLES
Art Unit
3700
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Ember Technologies Inc.
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
81%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
222 granted / 312 resolved
+1.2% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
569 currently pending
Career history
881
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
45.0%
+5.0% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
21.9%
-18.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 312 resolved cases

Office Action

§103 §DP
Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Claim Objections Claims 8 and 16 are objected to because of the following informalities: claim 8 recites “heating element” in line three of the claim and “first” in line four, and claim 16 recites “heating element” in line five of the claim. Appropriate correction is required. 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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. This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a). Claims 2-6, 8-14 and 16-17 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 20040194470 A1 to Upadhye et al. (“Upadhye”) in view of US 20050121431 A1 to Yuen (“Yuen”) and US 20070182367 A1 to Partovi (“Partovi”) and US 20090166350 A1 to Ho (“Ho”). Upadhye discloses: Regarding claim 2: a cylindrical body (e.g., body including housing 10, container 48) comprising: an outer circumferential wall (e.g., side wall 20) (e.g., Fig. 1-3 and para 16 and 45), an inner circumferential wall (e.g., sleeve 40) that extends from a proximal portion to a base, the inner circumferential wall defining a chamber (e.g., interior of wall 20) configured to receive and hold a liquid, the inner circumferential wall having a proximal portion with a first diameter and a distal portion with a second diameter smaller than the first diameter, an annular gap (e.g., gap between wall 20 and sleeve 40) between the inner circumferential wall and the outer circumferential wall (e.g., Fig. 1-3 and para 45), and a bottom portion (e.g., bottom portion seen in Fig. 1-3) attached to a distal end of the outer circumferential wall, the bottom portion spaced from the base to define a cavity (e.g., cavity indicated at reference number 41 in Fig. 2) therebetween (e.g., Fig. 1-3 and para 45); a heating system (e.g., first thermoregulation member 26 and a second thermoregulation member 28) at least partially disposed in the annular gap or cavity (e.g., gap between wall 20 and sleeve 40), comprising: one or more heating elements (e.g., first thermoregulation member 26 and a second thermoregulation member 28) configured to heat the chamber (e.g., Fig. 1-3 and para 45), one or more energy storage (e.g., battery disclosed in para 35-37) devices in the cavity (e.g., para 35-37), and circuitry (e.g., circuit seen in Fig. 1) configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature setting or user selected temperature setting (e.g., Fig. 1-3 and para 16-48); Regarding claim 3: one or more temperature sensors (e.g., temperature sensor disclosed in para 37 and 42) (e.g., para 37 and 42); Regarding claim 4: the one or more heating elements are wrapped around the distal portion of the inner circumferential wall so as to conduct heat through the distal portion of the inner circumferential wall and into the liquid in the chamber (e.g., Fig. 1-3 and para 45); Regarding claim 5: the one or more heating elements includes a resistive heater (e.g., Official notice is taken that resistive heaters were well known in the art and it would have been obvious to one of ordinary skill in the art to provide a resistive heater in order for the heating element to be readily available and have predictable performance. The resistive heater is taken to be admitted prior art because the examiner’s assertion of Official notice was not traversed.); Regarding claim 6: the annular gap is configured to be filled with an insulative material (e.g., Fig. 1-3 and para 45); Regarding claim 8: a user interface (e.g., input device 44, override switch 46) electrically connected to the control circuitry, the user interface actuatable by a user to control the operation of the heating element, wherein the user interface is operated by the user to select a temperature level of the liquid in the first cavity, the control circuitry configured to control the operation of the heating elements to maintain the liquid at the selected temperature level (e.g., Fig. 3 and para 47-48); Regarding claim 10: a cylindrical body (e.g., body including housing 10, container 48) comprising: a circumferential wall (e.g., wall 20) (e.g., Fig. 1-3 and para 16 and 45), a chamber (e.g., interior of wall 20) having a base and configured to receive and hold a liquid (e.g., Fig. 1-3 and para 16 and 45), and a bottom portion attached to a distal end of the circumferential wall, the bottom portion spaced from the base to define a cavity (e.g., cavity indicated at reference number 41 in Fig. 2) therebetween (e.g., Fig. 1-3 and para 16 and 45); a heating system (e.g., first thermoregulation member 26 and a second thermoregulation member 28) at least partially disposed in the cavity (e.g., Fig. 1-3 and para 35-37 and 45), comprising: one or more heating elements (e.g., first thermoregulation member 26 and a second thermoregulation member 28) configured to heat the chamber (e.g., Fig. 1-3 and para 45), one or more energy storage devices (e.g., battery disclosed in para 35-37) in the cavity (e.g., para 35-37), and circuitry (e.g., circuit seen in Fig. 1) configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature setting or user selected temperature setting (e.g., Fig. 1-3 and para 16-48); Regarding claim 11: one or more temperature sensors (e.g., temperature sensor disclosed in para 37 and 42) (e.g., para 37 and 42); Regarding claim 12: the one or more heating elements are wrapped around the distal portion of an inner circumferential wall so as to conduct heat through the distal portion of the inner circumferential wall and into the liquid in the chamber (e.g., Fig. 1-3 and para 45); Regarding claim 13: the one or more heating elements includes a resistive heater (e.g., Official notice is taken that resistive heaters were well known in the art and it would have been obvious to one of ordinary skill in the art to provide a resistive heater in order for the heating element to be readily available and have predictable performance. The resistive heater is taken to be admitted prior art because the examiner’s assertion of Official notice was not traversed.); Regarding claim 14: an annular gap is configured to be filled with an insulative material (e.g., Fig. 1-3 and para 45); and Regarding claim 16: a user interface (e.g., input device 44, override switch 46, touch screen, dial, and button disclosed in para 35) electrically connected to the control circuitry, the user interface actuatable by a user to control the operation of the heating elements, wherein the user interface is operated by the user to select a temperature level of the liquid in the cavity, the control circuitry configured to control the operation of the heating elements to maintain the liquid at the selected temperature level (e.g., Fig. 3 and para 35 and 47-48). Upadhye does not explicitly disclose a mug (as recited in claim 2). However, Yuen discloses: Regarding claim 2: a cylindrical mug body (e.g., container 1) comprising: an outer circumferential wall (e.g., outer wall seen in Fig. 2) (e.g., Fig. 1-6 and para 25-28), an inner circumferential wall (e.g., inner wall seen in Fig. 2) that extends from a proximal portion to a base, the inner circumferential wall defining a chamber configured to receive and hold a liquid, the inner circumferential wall having a proximal portion with a first diameter and a distal portion with a second diameter smaller than the first diameter, an annular gap (e.g., gap seen in Fig. 2) between the inner circumferential wall and the outer circumferential wall (e.g., Fig. 1-6 and para 25-28), and a bottom portion (e.g., bottom portion seen in Fig. 2) attached to a distal end of the outer circumferential wall, the bottom portion spaced from the base to define a cavity therebetween (e.g., Fig. 1-6 and para 25-28); a heating system (e.g., heating component 4, heating wire 7, heat transfer component 21) at least partially disposed in the annular gap or cavity (e.g., Fig. 1-6 and para 25-28), comprising: one or more heating elements (e.g., heating component 4, heating wire 7, heat transfer component 21) configured to heat the chamber (e.g., Fig. 1-6 and para 25-28), circuitry (e.g., circuit board 14) configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature setting or user selected temperature setting (e.g., Fig. 1-6 and para 25-28); Regarding claim 3: one or more temperature sensors (e.g., temperature monitor 8) (e.g., Fig. 1-6 and para 25-28); Regarding claim 4: the one or more heating elements are wrapped around the distal portion of the inner circumferential wall so as to conduct heat through the distal portion of the inner circumferential wall and into the liquid in the chamber (e.g., Fig. 1-6 and para 25-28); Regarding claim 5: the one or more heating elements includes a resistive heater (e.g., Official notice is taken that resistive heaters were well known in the art and it would have been obvious to one of ordinary skill in the art to provide a resistive heater in order for the heating element to be readily available and have predictable performance. The resistive heater is taken to be admitted prior art because the examiner’s assertion of Official notice was not traversed.); Regarding claim 6: the annular gap is configured to be filled with an insulative material (e.g., Fig. 1-6 and para 25-28); Regarding claim 8: a user interface (e.g., control panel 15) electrically connected to the control circuitry, the user interface actuatable by a user to control the operation of the heating element, wherein the user interface is operated by the user to select a temperature level of the liquid in the first cavity, the control circuitry configured to control the operation of the heating elements to maintain the liquid at the selected temperature level (e.g., Fig. 1-6 and para 25-28). Regarding claim 10: a cylindrical mug body (e.g., container 1) comprising: a circumferential wall (e.g., outer wall seen in Fig. 2) (e.g., Fig. 1-6 and para 25-28), a chamber (e.g., interior of container 1) having a base and configured to receive and hold a liquid (e.g., Fig. 1-6 and para 25-28), and a bottom portion (e.g., bottom portion seen in Fig. 2) attached to a distal end of the circumferential wall, the bottom portion spaced from the base to define a cavity therebetween (e.g., Fig. 1-6 and para 25-28); a heating system (e.g., heating component 4, heating wire 7, heat transfer component 21) at least partially disposed in the cavity (e.g., Fig. 1-6 and para 25-28), comprising: one or more heating elements (e.g., heating component 4, heating wire 7, heat transfer component 21) configured to heat the chamber (e.g., Fig. 1-6 and para 25-28), circuitry (e.g., circuit board 14) configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature setting or user selected temperature setting (e.g., Fig. 1-6 and para 25-28); Regarding claim 11: one or more temperature sensors (e.g., temperature monitor 8) (e.g., Fig. 1-6 and para 25-28); Regarding claim 12: the one or more heating elements are wrapped around the distal portion of an inner circumferential wall so as to conduct heat through the distal portion of the inner circumferential wall and into the liquid in the chamber (e.g., Fig. 1-6 and para 25-28); Regarding claim 13: the one or more heating elements includes a resistive heater (e.g., Official notice is taken that resistive heaters were well known in the art and it would have been obvious to one of ordinary skill in the art to provide a resistive heater in order for the heating element to be readily available and have predictable performance. The resistive heater is taken to be admitted prior art because the examiner’s assertion of Official notice was not traversed.); Regarding claim 14: an annular gap is configured to be filled with an insulative material (e.g., Fig. 1-6 and para 25-28); and Regarding claim 16: a user interface (e.g., control panel 15) electrically connected to the control circuitry, the user interface actuatable by a user to control the operation of the heating elements, wherein the user interface is operated by the user to select a temperature level of the liquid in the cavity, the control circuitry configured to control the operation of the heating element to maintain the liquid at the selected temperature level (e.g., Fig. 1-6 and para 25-28). Upadhye in view of Yuen does not explicitly disclose a wireless power receiver (as recited in claim 2). However, Partovi discloses: Regarding claim 2: a wireless power receiver (e.g., receiver 114) configured to wirelessly receive power from a power source (e.g., power source 118), the wireless power receiver being in communication with one or more energy storage devices in the cavity and configured to charge the one or more energy storage devices (e.g., Fig. 1-2 and para 50, 58 and 95); Regarding claim 9: a charging base (e.g., pad 100) having a wireless power transmitter (e.g., charger 112), where the wireless power transmitter is configured to transmit power to the wireless power receiver of the heating system when the mug is placed on the charging base (e.g., Fig. 1-2 and para 50, 58 and 95); Regarding claim 10: a wireless power receiver (e.g., receiver 114) configured to wirelessly receive power from a power source (e.g., power source 118), the wireless power receiver being in communication with one or more energy storage devices in the cavity and configured to charge the one or more energy storage devices (e.g., Fig. 1-2 and para 50, 58 and 95); and Regarding claim 17: a charging base (e.g., pad 100) having a wireless power transmitter (e.g., charger 112), where the wireless power transmitter is configured to transmit power to the wireless power receiver of the heating system when the mug is placed on the charging base (e.g., Fig. 1-2 and para 50, 58 and 95). Upadhye in view of Yuen and Partovi does not explicitly disclose one or more sensors configured to detect a presence of a liquid in the chamber, the circuitry configured to automatically turn off power to the one or more heating elements upon receiving a signal indicating that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely (as recited in claim 2). However, Ho discloses: Regarding claim 2: one or more sensors (e.g., level sensor 313) configured to detect a presence of a liquid in the chamber, the circuitry configured to automatically turn off power to the one or more heating elements upon receiving a signal indicating that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely (e.g., Fig. 3 and para 35); and Regarding claim 10: one or more sensors (e.g., level sensor 313) configured to detect a presence of a liquid in the chamber, the circuitry configured to automatically turn off power to the one or more heating elements upon receiving a signal indicating that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely (e.g., Fig. 3 and para 35). It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify Upadhye as suggested and taught by Yuen in order to indicate temperature of the beverage so that consumer can tell the temperature of the beverage contained within the thermal mug. It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify Upadhye in view of Yuen as suggested and taught by Partovi in order to conveniently provide power. It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify Upadhye in view of Yuen and Partovi as suggested and taught by Ho in order to reduce the risk of overheating, damage and fire. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 2-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,771,260. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present application and that of the claims of the patent are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of the claims of the patent. Claims 2-17 Claims 1-20 of U.S. Patent No. 11,771,260 2. An actively heated mug, comprising: a cylindrical mug body comprising: an outer circumferential wall, an inner circumferential wall that extends from a proximal portion to a base, the inner circumferential wall defining a chamber configured to receive and hold a liquid, the inner circumferential wall having a proximal portion with a first diameter and a distal portion with a second diameter smaller than the first diameter, an annular gap between the inner circumferential wall and the outer circumferential wall, and a bottom portion attached to a distal end of the outer circumferential wall, the bottom portion spaced from the base to define a cavity therebetween; a heating system at least partially disposed in the annular gap or cavity, comprising: one or more heating elements configured to heat the chamber, a wireless power receiver configured to wirelessly receive power from a power source, the wireless power receiver being in communication with one or more energy storage devices in the cavity and configured to charge the one or more energy storage devices, and circuitry configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature setting or user selected temperature setting; and one or more sensors configured to detect a presence of a liquid in the chamber, the circuitry configured to automatically turn off power to the one or more heating elements upon receiving a signal indicating that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely. 3. The mug of claim 2, further comprising one or more temperature sensors. 4. The mug of claim 2, wherein the one or more heating elements are wrapped around the distal portion of the inner circumferential wall so as to conduct heat through the distal portion of the inner circumferential wall and into the liquid in the chamber. 5. The mug of claim 2, wherein the one or more heating elements includes a resistive heater. 6. The mug of claim 2, wherein the annular gap is configured to be filled with an insulative material. 7. The mug of claim 2, further comprising an orientation sensor configured to sense an orientation of the body and communicates with the circuitry, the circuitry configured to inhibit delivery of power to the one or more heating elements when the orientation sensor indicates that the body has been turned upside down. 8. The mug of claim 2, further comprising a user interface electrically connected to the control circuitry, the user interface actuatable by a user to control the operation of the heating or cooling element, wherein the user interface is operated by the user to select a temperature level of the liquid in the first cavity, the control circuitry configured to control the operation of the heating or cooling element to maintain the liquid at the selected temperature level. 9. The mug of claim 2, further comprising a charging base having a wireless power transmitter, where the wireless power transmitter is configured to transmit power to the wireless power receiver of the heating or cooling system when the mug is placed on the charging base. 10. An actively heated mug, comprising: a cylindrical mug body comprising: a circumferential wall, a chamber having a base and configured to receive and hold a liquid, and a bottom portion attached to a distal end of the circumferential wall, the bottom portion spaced from the base to define a cavity therebetween; a heating system at least partially disposed in the cavity, comprising: one or more heating elements configured to heat the chamber, a wireless power receiver configured to wirelessly receive power from a power source, the wireless power receiver being in communication with one or more energy storage devices in the cavity and configured to charge the one or more energy storage devices, and circuitry configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature setting or user selected temperature setting; and one or more sensors configured to detect a presence of a liquid in the chamber, the circuitry configured to automatically turn off power to the one or more heating elements upon receiving a signal indicating that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely. 11. The mug of claim 10, further comprising one or more temperature sensors. 12. The mug of claim 10, wherein the one or more heating elements are wrapped around the distal portion of the inner circumferential wall so as to conduct heat through the distal portion of the inner circumferential wall and into the liquid in the chamber. 13. The mug of claim 10, wherein the one or more heating elements includes a resistive heater. 14. The mug of claim 10, wherein the annular gap is configured to be filled with an insulative material. 15. The mug of claim 10, further comprising an orientation sensor configured to sense an orientation of the body and communicates with the circuitry, the circuitry configured to inhibit delivery of power to the one or more heating elements when the orientation sensor indicates that the body has been turned upside down. 16. The mug of claim 10, further comprising a user interface electrically connected to the control circuitry, the user interface actuatable by a user to control the operation of the heating or cooling element, wherein the user interface is operated by the user to select a temperature level of the liquid in the first cavity, the control circuitry configured to control the operation of the heating or cooling element to maintain the liquid at the selected temperature level. 17. The mug of claim 10, further comprising a charging base having a wireless power transmitter, where the wireless power transmitter is configured to transmit power to the wireless power receiver of the heating or cooling system when the mug is placed on the charging base. 1. An actively heated or cooled mug, comprising: a body comprising a circumferential wall having a side surface and a base having a top surface, the side surface and the top surface defining a chamber configured to receive and hold a liquid, and a bottom portion that defines a recess between a bottom edge of the body and the base; a bottom member attached to the bottom portion to define a cavity between the bottom member and the base; and a heating or cooling system disposed in the cavity, comprising one or more heating or cooling elements configured to actively heat or cool at least a portion of the chamber, one or more power storage devices, circuitry configured to control an operation of the one or more heating or cooling elements to heat or cool the liquid in the chamber to a predetermined temperature setting or user selected temperature setting and one or more sensors configured to detect a presence of a liquid in the chamber, the circuitry configured to turn on power to the heating or cooling elements after said liquid is detected by the one or more sensors, the circuitry further configured to automatically turn off power to the heating or cooling elements upon receiving a signal indicating that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely. 2. The mug of claim 1, wherein the one or more sensors configured to detect the presence of the liquid in the chamber include a temperature sensor. 3. The mug of claim 1, further comprising one or more sensors that are configured to sense a liquid level in the chamber, the circuitry configured to operate the one or more heating or cooling elements based at least in part on the sensed liquid level. 4. The mug of claim 1, wherein the one or more heating or cooling elements are disposed adjacent a bottom surface of the base so as to conduct heat through the base to a top surface of the base. 5. The mug of claim 4, further comprising an insulative member proximate the one or more heating or cooling elements so that the heating or cooling elements are interposed between the insulative member and the base. 6. The mug of claim 1, wherein the one or more heating or cooling elements includes a resistive heater. 7. The mug of claim 1, further comprising a wireless power receiver. 8. The mug of claim 1, further comprising a visual indicator. 9. The mug of claim 8, wherein the visual indicator is a light operable to indicate a charge level of the one or more power storage devices. 10. The mug of claim 8, wherein the visual indicator is one or more indicator lights configured to communicate with the circuitry, the one or more indicator lights configured to illuminate while the one or more heating or cooling elements is operating to indicate to the user the operation of the heating or cooling system, the one or more indicator lights comprising a hidden till lit LED. 11. The mug of claim 1, further comprising an orientation sensor configured to sense an orientation of the body and communicates with the circuitry, the circuitry configured to inhibit delivery of power to the one or more heating or cooling elements when the orientation sensor indicates that the body has been turned upside down. 12. The mug of claim 1, further comprising one or more electrical contact rings on a bottom surface of the bottom member. 13. The mug of claim 1, further comprising a user interface electrically connected to the circuitry, the user interface having one or more selection members actuatable to control the heating or cooling system, wherein the one or more selection members are actuatable a) to turn off the one or more heating or cooling element or b) to adjust a temperature setting to one of multiple temperature settings to control the one or more heating or cooling elements to heat or maintain the liquid at a user selected temperature. 14. An actively heated or cooled cup or mug container, comprising: a body having a circumferential wall extending between an opening at a proximal end and a base, the circumferential wall and the base together defining a chamber configured to receive and hold a liquid, the circumferential wall extending distally of the base to a bottom portion to define a cavity between the base and the bottom portion that is bounded by the circumferential wall; and a temperature control system disposed in the cavity between the base and the bottom portion, comprising one or more heating or cooling elements configured to actively heat or cool at least a portion of the chamber, one or more power storage elements, one or more sensors configured to detect a presence of a liquid in the chamber, and circuitry configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature or user selected temperature setting, the circuitry being operable to two or more of: wirelessly communicate with a mobile electronic device to one or both of transmit information to the mobile electronic device and receive instructions from the mobile electronic device, automatically turn on power to the heating or cooling elements after receiving a signal from the one or more sensors indicating a temperature of the liquid in the chamber, and automatically turning off power to the heating or cooling elements upon receiving a signal from the one or more sensors indicating that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely. 15. The container of claim 14, further comprising one or more indicator lights configured to communicate with the control circuitry, the one or more indicator lights configured to illuminate while the one or more heating elements is operating to indicate to the user the operation of the temperature control system, the one or more indicator lights comprising a hidden till lit LED. 16. The container of claim 14, wherein the circuitry comprises a wireless power receiver configured to receive power via inductive coupling. 17. The container of claim 14, wherein the one or more sensors includes a temperature sensor. 18. The container of claim 14, further comprising an orientation sensor configured to sense an orientation of the body and communicates with the circuitry, the circuitry configured to inhibit delivery of power to the one or more heating or cooling elements when the orientation sensor indicates that the body has been turned upside down. 19. The container of claim 14, further comprising one or more electrical contact rings on a bottom surface of a bottom member configured to abut the bottom portion to close the cavity. 20. The container of claim 14, further comprising a user interface electrically connected to the circuitry, the user interface having one or more selection members actuatable to control the heating or cooling system, wherein the one or more selection members are actuatable a) to turn off the one or more heating or cooling element or b) to adjust a temperature setting to one of multiple temperature settings to control the one or more heating or cooling elements to heat or maintain the liquid at a user selected temperature. As can be seen above, the claimed subject matter of the present application and that of the claims of the patent are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of the claims of the patent. Claims 2-6, 8-14 and 16-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 9,974,401. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present application and that of the claims of the patent are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of the claims of the patent. Claims 2-6, 8-14 and 16-17 Claims 1-23 of U.S. Patent No. 9,974,401 2. An actively heated mug, comprising: a cylindrical mug body comprising: an outer circumferential wall, an inner circumferential wall that extends from a proximal portion to a base, the inner circumferential wall defining a chamber configured to receive and hold a liquid, the inner circumferential wall having a proximal portion with a first diameter and a distal portion with a second diameter smaller than the first diameter, an annular gap between the inner circumferential wall and the outer circumferential wall, and a bottom portion attached to a distal end of the outer circumferential wall, the bottom portion spaced from the base to define a cavity therebetween; a heating system at least partially disposed in the annular gap or cavity, comprising: one or more heating elements configured to heat the chamber, a wireless power receiver configured to wirelessly receive power from a power source, the wireless power receiver being in communication with one or more energy storage devices in the cavity and configured to charge the one or more energy storage devices, and circuitry configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature setting or user selected temperature setting; and one or more sensors configured to detect a presence of a liquid in the chamber, the circuitry configured to automatically turn off power to the one or more heating elements upon receiving a signal indicating that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely. 3. The mug of claim 2, further comprising one or more temperature sensors. 4. The mug of claim 2, wherein the one or more heating elements are wrapped around the distal portion of the inner circumferential wall so as to conduct heat through the distal portion of the inner circumferential wall and into the liquid in the chamber. 5. The mug of claim 2, wherein the one or more heating elements includes a resistive heater. 6. The mug of claim 2, wherein the annular gap is configured to be filled with an insulative material. 8. The mug of claim 2, further comprising a user interface electrically connected to the control circuitry, the user interface actuatable by a user to control the operation of the heating or cooling element, wherein the user interface is operated by the user to select a temperature level of the liquid in the first cavity, the control circuitry configured to control the operation of the heating or cooling element to maintain the liquid at the selected temperature level. 9. The mug of claim 2, further comprising a charging base having a wireless power transmitter, where the wireless power transmitter is configured to transmit power to the wireless power receiver of the heating or cooling system when the mug is placed on the charging base. 10. An actively heated mug, comprising: a cylindrical mug body comprising: a circumferential wall, a chamber having a base and configured to receive and hold a liquid, and a bottom portion attached to a distal end of the circumferential wall, the bottom portion spaced from the base to define a cavity therebetween; a heating system at least partially disposed in the cavity, comprising: one or more heating elements configured to heat the chamber, a wireless power receiver configured to wirelessly receive power from a power source, the wireless power receiver being in communication with one or more energy storage devices in the cavity and configured to charge the one or more energy storage devices, and circuitry configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature setting or user selected temperature setting and one or more sensors configured to detect a presence of a liquid in the chamber, the circuitry configured to automatically turn off power to the one or more heating elements upon receiving a signal indicating that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely. 11. The mug of claim 10, further comprising one or more temperature sensors. 12. The mug of claim 10, wherein the one or more heating elements are wrapped around the distal portion of the inner circumferential wall so as to conduct heat through the distal portion of the inner circumferential wall and into the liquid in the chamber. 13. The mug of claim 10, wherein the one or more heating elements includes a resistive heater. 14. The mug of claim 10, wherein the annular gap is configured to be filled with an insulative material. 16. The mug of claim 10, further comprising a user interface electrically connected to the control circuitry, the user interface actuatable by a user to control the operation of the heating or cooling element, wherein the user interface is operated by the user to select a temperature level of the liquid in the first cavity, the control circuitry configured to control the operation of the heating or cooling element to maintain the liquid at the selected temperature level. 17. The mug of claim 10, further comprising a charging base having a wireless power transmitter, where the wireless power transmitter is configured to transmit power to the wireless power receiver of the heating or cooling system when the mug is placed on the charging base. 1. An actively heated or cooled beverage container, comprising: a body comprising an inner circumferential wall that extends between an open end and a base, the inner circumferential wall and the base together defining a chamber configured to receive and hold a beverage, an outer circumferential wall spaced apart from the inner circumferential wall to define a gap between the inner circumferential wall and the outer circumferential wall, and a bottom portion attached to the outer circumferential wall, the bottom portion spaced below the base to define a cavity between the base and the bottom portion; and a temperature control system at least a portion of which is disposed in the cavity between the base and the bottom portion, comprising one or more heating or cooling elements configured to actively heat or cool at least a portion of the chamber, one or more power storage elements, and circuitry configured to control an operation of the one or more heating or cooling elements to heat or cool the liquid in the chamber to a predetermined temperature setting or user selected temperature setting, the circuitry further configured to wirelessly communicate with a mobile electronic device, the circuitry being operable to transmit information to the mobile electronic device as well as to receive instructions from the mobile electronic device selectively paired with the beverage container that include the user selected temperature setting selected from one of a plurality of temperature settings. 2. The container of claim 1, wherein a proximal end of the inner wall is attached to a proximal end of the outer wall to define a rim of the beverage container, the inner circumferential wall and base suspended relative to the outer circumferential wall. 3. The container of claim 1, further comprising one or more sensors that are configured to sense a liquid level in the chamber, the one or more sensors disposed at various vertical locations of the inner circumferential wall that are configured to communicate the sensed liquid level information to the circuitry, the circuitry configured to operate the one or more heating or cooling elements based at least in part on the sensed level information. 4. The container of claim 3, wherein at least one of the one or more sensors is configured to detect when a liquid is poured into the chamber and to communicate a detection signal to the circuitry, the circuitry configured to one or both of automatically turn on power to the heating or cooling elements based on said liquid detection and automatically turn off power to the heating or cooling elements upon detection with said one or more sensors that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely, at least one of the one or more sensors configured to sense a change in temperature in the chamber. 5. The container of claim 1, further comprising one or more indicator lights configured to communicate with the circuitry, the one or more indicator lights configured to illuminate while the one or more heating or cooling elements is operating to indicate to the user the operation of the temperature control system, the one or more indicator lights comprising a hidden till lit LED. 6. The container of claim 1, wherein the one or more heating or cooling elements is one or more resistive heaters in thermal communication with one or both of the base and the inner circumferential wall. 7. The container of claim 1, further comprising one or more electrical contact rings on a bottom surface of the bottom portion. 8. The container of claim 1, wherein the circuitry comprises a wireless power receiver configured to receive power via inductive coupling. 9. An actively heated or cooled cup or mug container, comprising: a body having a circumferential wall extending between an opening at a proximal end and a base, the circumferential wall and the base together defining a chamber configured to receive and hold a beverage, the circumferential wall extending distally of the base to a bottom portion to define a cavity between the base and the bottom portion that is bounded by the circumferential wall; and a temperature control system disposed in the cavity between the base and the bottom portion, comprising one or more heating or cooling elements configured to actively heat or cool at least a portion of the chamber, one or more power storage elements, and circuitry configured to control an operation of the one or more heating or cooling elements to heat or cool the liquid in the chamber to a predetermined temperature or user selected temperature setting, the circuitry further configured to wirelessly communicate with a mobile electronic device, the circuitry being operable to transmit information to the mobile electronic device as well as to receive instructions from the mobile electronic device that include the user selected temperature setting selected from one of a plurality of temperature settings. 10. The container of claim 9, wherein the circumferential wall comprises an outer circumferential wall and an inner circumferential, the chamber defined by the inner circumferential wall and the base, the cavity bounded by the outer circumferential wall between the base and the bottom portion. 11. The container of claim 9, further comprising one or more sensors that are configured to sense a liquid level in the chamber, the one or more sensors disposed at various vertical locations of the circumferential wall that are configured to communicate the sensed liquid level information to the circuitry, the circuitry configured to operate the one or more heating or cooling elements based at least in part on the sensed level information. 12. The container of claim 11, wherein at least one of the one or more sensors is configured to detect when a liquid is poured in to the chamber and to communicate a detection signal to the circuitry, the circuitry configured to one or both of automatically turn on power to the heating or cooling elements based on said liquid detection and automatically turn off power to the heating or cooling elements upon detection with said one or more sensors that the liquid in the chamber has dropped below a predetermined liquid level or been depleted completely, at least one of the one or more sensors configured to sense a change in temperature in the chamber. 13. The container of claim 9, further comprising one or more indicator lights configured to communicate with the circuitry, the one or more indicator lights configured to illuminate while the one or more heating or cooling elements is operating to indicate to the user the operation of the temperature control system, the one or more indicator lights comprising a hidden till lit LED. 14. The container of claim 9, wherein the one or more heating elements is one or more resistive heaters in thermal communication with one or both of the base and the inner circumferential wall. 15. The container of claim 9, further comprising one or more electrical contact rings on a bottom surface of the bottom portion. 16. The container of claim 9, wherein the circuitry comprises a wireless power receiver configured to receive power via inductive coupling. 17. The container of claim 9, wherein a user interface on the body is configured to alert the user when the beverage in the chamber is above a predetermined temperature and too hot to consume. 18. An actively heated or cooled cup or mug container, comprising: a body having a circumferential wall extending between an opening at a proximal end and a base, the circumferential wall and the base together defining a chamber configured to receive and hold a beverage, the circumferential wall extending distally of the base to a bottom portion to define a cavity between the base and the bottom portion that is bounded by the circumferential wall; and a temperature control system disposed in the cavity between the base and the bottom portion, comprising one or more heating or cooling elements configured to actively heat or cool at least a portion of the chamber, one or more power storage elements, one or more sensors configured to detect a presence of a liquid in the chamber, and circuitry configured to control an operation of the one or more heating elements to heat the liquid in the chamber to a predetermined temperature or user selected temperature setting, the circuitry being operable to two or more of: wirelessly communicate with a mobile electronic device to one or both of
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Prosecution Timeline

Mar 28, 2024
Application Filed
Mar 08, 2025
Non-Final Rejection — §103, §DP
Aug 13, 2025
Response Filed
Nov 11, 2025
Final Rejection — §103, §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
81%
With Interview (+9.9%)
2y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 312 resolved cases by this examiner. Grant probability derived from career allow rate.

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