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 .
Election/Restrictions
Claims 34-39 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/10/2025.
Applicant’s election without traverse of Invention I in the reply filed on 10/10/2025 is acknowledged.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21-33 are rejected under 35 U.S.C. 103 as being unpatentable over Sandstrom (US 6,627,278) in view of Kitano (US 2008/0050546).
Claims 21, 23, 25
Sandstrom discloses a cup-shaped body/tumbler obtained by molding polymeric material (see abstract and column 4 lines 23-27), which has an axis (40) of longitudinal extension and defines a mouth/top and a longitudinally-extended body which is closed at an opposite end/bottom from said mouth, said longitudinally-extended body having a conical or frustum extension with a diameter that increases progressively from said opposite end toward said mouth (see figure 1A), said cup-shaped body having a height extension (H) measured between said mouth and said opposite end, and said mouth having a circular shape with a diameter, wherein: a ratio between the height extension and the diameter could be from about 1.3 to about 1.7 (see column 5 lines 18-21). Sandstrom further discloses the cup-shaped body/tumbler comprising a sidewall including a taper with an angle of 3 degrees with respect to the axis (see column 11 lines 59-65). Sandstrom also discloses a thickness for a sidewall of the cup-shaped body/tumbler could be between 5 to about 50 mils (see column 5 lines 26-32). Sandstrom does not specifically disclose the cup-shaped body/tumbler formed from compression molding. Sandstrom does not disclose a ratio between the diameter, measured in millimeters, and an average taper (Cmedia), measured in degrees (°), between a taper of an external surface of the longitudinally-extended body and a taper of the internal surface of the longitudinally-extended body, diameter/Cmedia, is comprised between 0.5 and 1. However, regarding of the language of the cup-shaped body formed by compression molding, in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that 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, i.e cup-shaped body, does not depend on its method of production, i.e. compression molding. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985). Kitano discloses containers of polymer material are known to be formed by compression molding (see [0047]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the cup-shaped body/tumbler formed by compression molding as taught by Kitano because it is a well-known process of forming containers formed from polymer materials. Regarding the limitation of the ratio between the diameter, measured in degrees, and an average taper, between a taper of an external surface of the longitudinally-extended body and a taper of the internal surface of the longitudinally-extended body, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a desired ratio, i.e. between 0.5 and 1, between the diameter and an average taper, between a taper of an external surface of the longitudinally-extended body and a taper of the internal surface of the longitudinally-extended body depending on the thickness of the sidewall of the cup-shaped body/tumbler. Please note that applicant’s written description does not disclose any criticality for the claimed ratio.
Claims 22, 24, 26 and 27
Sandstrom further discloses the height of the tumbler could be between 4.6 to 4.8 inches with a typical volume from 12 to about 16 ounces (see column 5 lines 14-24). After Sandstorm is modified, the ratio between the diameter, measured in millimeters, and the average taper (Cmedia), measured in degrees (°), diameter/Cmedia, is comprised between 0.53 and 0.7. Sandstrom does explicitly discloses a ratio between the heigh extension and the diameter comprised between 0.53 and 0.67; or between 0.36 and 0.4. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the desired ratio, between the heigh extension and the diameter, depending the desired fluid volume for the cup-shaped body/tumbler.
Claim 28
Sandstrom further discloses the height of the cup-shaped body/tumbler could vary between 4.6 to 4.8 inches (see column 5 lines 14-24), while the sidewall thickness could be between 5 to about 50 mils (see column 5 lines 26-32). Sandstrom does not disclose weight in grams of said cup-shaped body. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the cup-shaped body/tumbler with the required weight, i.e. between 3.5 and 9 grams, depending on the dimensions provided for the cup-shaped body/tumbler.
Claim 29
Sandstrom further discloses, at said mouth, a neck portion (defined by area of the sidewall extending below flange 16) which is blended with a flanged portion (16) which extends outward, said flanged portion extending on a plane that is perpendicular to said neck portion (see figure 1A).
Claim 30
Sandstrom further discloses the opposite end of said cup-shaped body has a rounded closing wall (24) (see figure 1A).
Claim 31
Sandstrom further discloses the sidewall of the cup-shaped body/tumbler is integrally formed with the base, wherein the sidewall has a thickness between 5 mils to about 50 mils (see column 5 lines 26-32), wherein between 20 mils to 47 mils fall within the desired thickness range. Sandstrom does not disclose a thickness for the closing wall. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the base/closing wall with the required thickness to have a uniform thickness for cup-shaped body/tumbler from top to bottom.
Claim 32
Sandstrom further discloses a thickness of said longitudinally-extended body with a conical extension is comprised of between 5 to 50 mils (see column 5 lines 26-32), wherein 30 mils (0.762 mm) fall within a range between 0.6 mm and 1.5 mm.
Claim 33
Sandstrom further discloses comprising a preform for manufacturing plastic containers (see column 34 lines 12-22 and column 36 lines 23-31).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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