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 .
Response to Amendment
In the Amended Claims of May 13, 2026, Claims 1-5 are pending. Claims 6-7, 27-46 are withdrawn. Claims 8-26 are canceled. Claims 1 and 2 are amended.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Meehan (US 7878365) in view of Girardot (US 9061795).
Regarding Claim 1, Meehan discloses drinking vessel comprising a container for a beverage (11) the container having a covering (70) and a support structure (40) configured to accommodate the container wherein the covering covers the support structure at least partially on a side facing away from the container.
The container is detachably fixed to the support structure, wherein the container is cup-shaped and has a container bottom wall (15) and a side wall (12) connected to the container bottom wall. The support structure (40) is configured as a hollow body having a cavity and having a cavity wall surrounding the side wall of the container and wherein an insulation space (44) is formed between the side wall of the container and the hollow body.
The support structure has a container bottom-side opening (at 63), wherein the container has on its bottom-side container section a mounting structure (16) protruding through the container bottom-side opening of the support structure.
Meehan does not disclose the mounting structure protrudes through the container bottom-side opening of the support structure and has a dovetail-shaped cross section with an undercut, wherein for the detachable fixing of the container, the support structure has elastically deformable tongues that protrude into the undercut of the mounting structure. Rather, Meehan discloses the use of a cap (64) to detachably engage the inner cup circular hub (16) and the support structure with threads 17.
Girardot discloses a similar container (10) with a support (20) wherein the container comprises a mounting structure (32, 34) with a dovetail-shaped cross section with an undercut (35) and the support structure has elastically deformable tongues (60, 64 – Figure 4) which protrude into the undercut. Meehan and Girardot are analogous inventions in the art of container attachment means.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the screw-cap engagement means of Meehan with the snap-fit engagement means of Girardot in order to form a disengageable connection between the two components that is more forgiving if there is some eccentricity between the base and the outer support cup (Col. 7 Lines 15-21). Giradot also discloses additional benefits for the connection (30) such allowing a detachable connection without the need of adhesive or other components (Col. 5 Lines 36-42) and minimizes movement at the point of attachment due to drop impact or thermal changes (Col. 5 Line 66-Col. 6 Line 3). Such tab attachment means also accommodate manufacturing tolerances and mismatch between parts (Col. 9 Lines 12-18).
Regarding Claim 3, Girardot discloses the support structure has a support part (62) configured to support the container in a bottom-side container section.
Regarding Claim 4, Girardot discloses support bodies (30) having support sections for abutting the side wall of the container are formed on the cavity wall on a side facing the side wall of the container at the upper end of sidewall 28.
Regarding Claim 5, Girardot discloses the support bodies have a holding contour (engageable at 46) that is configured to engage over a side wall part of the side wall in a holding section of the container and that serves to press the container in the support structure against the support part with a clamping force when the holding contour engages over the side wall part.
Allowable Subject Matter
Claim 2 is allowed. The holding bars disclosed in Figure 41 are not present in the prior art.
Response to Arguments
Applicant's arguments filed May 13, 2026 have been fully considered but they are not persuasive.
On Page 11, Applicant argues that the proposed modification of the screw-thread engagement means of Meehan with the dovetail-shaped cross section and deformable tongue attachment means of Giradot would render Meehan unsuitable for its intended purpose.
Applicant believes the circular hub 16 of the inner cup 11 of Meehan is not configured to extend or project through the lower end of the outer casing. This would render it impossible to fully secure the inner cup and the outer casing 40 along the axial direction if modified by Giradot.
The Examiner respectfully disagrees.
In response to applicant's argument that the threaded engagement structure of Meehan cannot be modified, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In the present case, it is dovetail structure of Girardot which fully extends through the structure of the through hole. This ENTIRE STRUCTURE of Giradot would replace the alternative screw-threaded mechanism seen in Meehan regardless of the individual components of Meehan and their construction.
Furthermore, this tongue and dovetail structure is well known in the art of container component connection mechanisms. Please see Smith (US 8439223), Alberghini (US 4241839), Lerner (US 2905351), and Holzwarth (US 3207461).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIDEON R. WEINERTH whose telephone number is (571)270-5121. The examiner can normally be reached Monday-Friday 10AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando Aviles 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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/GIDEON R WEINERTH/Primary Examiner, Art Unit 3736
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