DETAILED ACTION
The communication dated 7/11/2024 has been entered and fully considered.
Claims 1-7 are currently pending.
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 .
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.
Claim Rejections - 35 USC § 102
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tran et al. U.S. Publication 2016/0166114 (henceforth referred to as Tran).
Tran teaches a fruit and vegetable washing device (Fig. 1: part 20) for washing and subsequently draining fruits or vegetables prior to consumption of the fruits or vegetables, said device comprising: a cup (Fig. 1: parts 24 and 36) being comprised of a fluid impermeable material wherein said cup is configured to contain fruits or vegetables and water for rinsing the fruits or vegetables, said cup having a pair of viewing windows (Fig. 6: parts 24 and 36) each being integrated into said cup wherein said pair of viewing windows is configured to enable the fruits or vegetables to be visible in said cup; a screen (Fig. 1: part 42) being removably positionable into said cup such that said screen closes said cup, said screen being comprised of a fluid permeable material wherein said screen is configured to enable the water to be drained from said cup while retaining the fruits or vegetables within said cup (Figs. 1 and 6); a lid (Fig. 1: part 24) being removably attachable to said cup, said lid being comprised of a fluid impermeable material wherein said lid is configured to inhibit the water and the fruits or vegetables from passing through said lid, said lid having a drain spout (Fig. 1: part 30) being integrated into said lid, said drain spout being open wherein said drain spout is configured to enable the water to be drained through said drain spout when said cup is inverted; and a cap (Fig. 1: part 28) being movably attached to said drain spout for opening or closing said drain spout (paragraph [0019]).
Allowable Subject Matter
Claims 2-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 7 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: Tran et al. U.S. Publication 2016/0166114, the closest prior art, differs from the instant claims in failing to teach specific claimed limitations of a groove, lenses, and/or lid hole. Furthermore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fruit and vegetable washing device taught by Tran as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEVON J SHAHINIAN whose telephone number is (571)270-1384. The examiner can normally be reached M-F: 9:30am-6:00pm.
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/LEVON J SHAHINIAN/Primary Examiner, Art Unit 1711