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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the United Mexican States on 2/19/2024. It is noted, however, that applicant has not filed a certified copy of the MX/F/2024/000480 application as required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “20” has been used to designate a bottom holder, a thermal seal, and a lid. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 4 and 5 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 4 currently states “The beverage container of claim 3 comprising a connecting member operable to attach the lid to the beverage container.” This is confusing as the lid appears to be a part of the beverage container, so it’s unclear how it’s supposed to be attaching to itself. The Examiner believes the claim was intended to state “The beverage container of claim 3 comprising a connecting member operable to attach the lid to the [[beverage container]] bottom holder.” For purposes of further examination, the claim is being interpreted as the Examiner believes the claim was intended to be written. Further clarification or correction is required.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walker (US 2009/0045206).
Regarding Claim 1
Walker teaches a beverage container (below – Fig. 5) comprising: a bottom holder (121) comprising a bottom end, an open top end (23), and a surrounding wall that define an internal volume capable of holding ice with or without a liquid; a thermal seal (31), and a lid (41/161) configured to cover the open top end of the bottom holder (Paragraphs [0018], [0019], and [0021]).
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The phrase “configured to hold ice with or without a liquid” is considered a statement of intended use. The intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114. Because the beverage container of Walker is not structurally different from beverage container as claimed by Applicant, the beverage container as claimed does not provide a patentable distinction over the prior art of record.
Regarding Claim 2
Walker teaches the thermal seal (31) comprises a tab (32).
Regarding Claims 3-5
Walker teaches the lid (41/161) is removably attached to the bottom holder (121); and a connecting member (71) operable to attach the lid to the bottom holder; and the connecting member is a strap having a first end (top end) and a second end (bottom end), wherein the first end is attached to the lid and the second end is attached to the bottom holder.
Regarding Claims 6-9
Walker teaches the bottom holder (121) is manufactured from a recyclable plastic, specifically polypropylene; and the thermal seal (31) is manufactured from a recyclable plastic, specifically polypropylene (Paragraph [0018]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Further pertinent prior art includes but is not limited to that which is listed in the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER CASTRIOTTA whose telephone number is (571)270-5279. The examiner can normally be reached Monday - Friday 9am-5pm.
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 Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER CASTRIOTTA/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733