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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “the landscape cover is located in the water return groove and is detachably connected to the cup cover, the water return groove, the central tube and the water return tube are enclosed by the landscape cover” in lines 7-9. It is unclear which elements are detachably connected to the cup cover, and which elements are enclosed by the landscape cover. For purposes of examination, this limitation will be interpreted as “the landscape cover is located in the water return groove and is detachably connected to the cup cover, wherein the water return groove, the central tube, and the water return tube are enclosed by the landscape cover.”
Claim 1 recites “a central tube, a water return tube, a drinking tube and an air inlet tube are further formed the cup cover” in lines 3-4. It is unclear whether these elements are formed on the cup cover, or formed with the cup cover, or something else.
Claim 1 recites “the fountain tube assembly is connected to the central tube, both ends thereof extend to the inner cavity of the cup body and the landscape cover respectively” in lines 9-10. It is unclear whether “both ends thereof” is referring to the central tube or to the fountain tube assembly.
Claim 8 recites “a landscape cover” in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the “landscape cover” recited in claim 1 at lines 1-2, or something else. For purposes of examination, this limitation will be interpreted as “the landscape cover.”
Claim 8 recites “a second locking block matched with a locking groove in shape is formed on the limiting cap” in lines 2-3. It is unclear whether the locking groove or the second locking block is formed on the limiting cap.
Claims 2-10 are also rejected through their dependence on a rejected parent claim (details above).
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 (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 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 1-3, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over CN 110786699 to Wu et al. (hereinafter “Wu”) in view of EP 2716567 to Arai et al. (hereinafter, “Arai”).
Regarding claim 1, Wu discloses a children's fountain cup (Fig. 1; Abstract), comprising a cup body (cup body 2, Fig. 1) and a cup cover (connector 1, Fig. 1), further comprising a landscape cover (transparent cover 4, Fig. 1), a fountain tube assembly (annotated Fig. 1 below) and a drinking tube assembly (annotated Fig. 1), wherein the cup cover (connector 1) is provided with an air inlet hole (vent hole 1-2, Fig. 2), a water return groove (water storage tank 1-4, Fig. 2; see also annotated Fig. 1) is formed on the cup cover (connector 1), a central tube (annotated Fig. 1), a water return tube (annotated Fig. 1) and a drinking tube (annotated Fig. 1)and are further formed the cup cover, the central tube (annotated Fig. 1) is communicated with an inner cavity (annotated Fig. 1) of the cup body (cup body 2), and the water return tube (annotated Fig. 1) is communicated with the water return groove (annotated Fig. 1) and the drinking tube (annotated Fig. 1); and the landscape cover (transparent cover 4) is located in the water return groove (annotated Fig. 1) and is detachably connected (see Figs. 1-2; Abstract) to the cup cover (connector 1), the water return groove (annotated Fig. 1), the central tube (annotated Fig. 1) and the water return tube (annotated Fig. 1) are enclosed by the landscape cover (transparent cover 4), the fountain tube assembly (annotated Fig. 1) is connected to the central tube (annotated Fig . 1), both ends thereof extend to the inner cavity (annotated Fig. 1) of the cup body (cup body 2) and the landscape cover (transparent cover 4) respectively (see Fig. 1), and the drinking tube assembly (annotated Fig. 1) is connected to the water return tube (annotated Fig. 1) and the drinking tube (annotated Fig. 1), and extends to an external space (annotated Fig. 1).
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Wu Annotated Figure 1
Wu does not expressly disclose an air inlet tube on the cup cover, the air inlet tube is communicated with an air inlet valve on a communication tube.
Arai teaches a similar children’s cup comprising a cup body and a cup cover (see Figs. 1-3). The cup cover (lid 3, Fig. 3) is provided with an air inlet tube (element 3e, Fig. 3) that is communicated with an air inlet valve (vent valve 10, Fig. 3) on a communication tube (portion 8b, Fig. 3). The ends of the communication tube are sleeved on corresponding ends of a water return tube (portion 8a) and a drinking tube (straw 8, Fig. 3). One end of the air inlet valve (vent valve 10) is connected to the air inlet tube and is communicated with the outside world through the air inlet hole (see Fig. 3; paras. [0046]-[0047]). Arai teaches that the air inlet valve and air inlet tube makes it easier for a user to drink and prevents a user from having difficulty sipping the beverage because of negative pressure within the cup (paras. [0055]-[0056]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fountain cup of Wu to add an air inlet valve in communication with an air inlet tube, the air inlet valve arranged on a communication tube that is sleeved between the water return tube and the drinking tube as taught by Arai for the purpose of making it easier for a user to drink from the cup, as recognized by Arai (paras. [0055]-[0056]).
Regarding claim 2, Wu further discloses the fountain tube assembly (annotated Fig. 1) comprises a lower straw (annotated Fig. 1) and a spray decoration tube (annotated Fig. 1), the lower straw (annotated Fig. 1) is attached to the central tube (annotated Fig. 1) and extends into the inner cavity (annotated Fig. 1) of the cup body (cup body 2), one end of the spray decoration tube (bottom end, annotated Fig. 1) is sleeved on the central tube (annotated Fig. 1), and the other end thereof is provided with a decorative portion (annotated Fig. 1), and a spray hole (annotated Fig. 1) formed on the decorative portion (annotated Fig. 1).
Wu does not expressly disclose the lower straw is inserted into the central tube. Instead, Wu teaches the central tube is inserted into the lower straw.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu to have the lower straw inserted into the central tube because it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04(VI)(C), citing In re Japikse, 86 USPQ 70).
Wu does not expressly disclose a plurality of spray holes on the decorative portion.
It further would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu to form a plurality of spray holes on the decorative portion because it has been held that mere duplication of parts has no patentable significance absent a new and unexpected result (MPEP 2144.04(VI)(B)).
Regarding claim 3, Wu as modified by Arai already includes the drinking tube assembly (Wu, annotated Fig. 1) comprises the communication tube (Arai, portion 8b) and an upper straw (Wu, annotated Fig. 1; see also Arai at Fig. 3), both ends of the communication tube (Arai, portion 8b) are sleeved on corresponding ends of the water return tube (Arai, straw 8) and the drinking tube respectively (Arai, portion 8a), and the upper straw (Wu, annotated Fig. 1) is sleeved on the other end of the drinking tube (Wu, annotated Fig. 1); and one end of the air inlet valve (Arai, valve 10) on the communication tube (Arai, portion 8b) is connected to the air inlet tube (Arai, see Fi. 3), and is communicated with the outside world through the air inlet hole (Arai, paras. [0055]-[0056]), so that when a child drinks water, internal and external air pressures are kept balanced, thereby making it easy to drink water (Arai, paras. [0055]-[0056]).
Regarding claim 9, Wu further discloses the cup body (cup body 2) is provided with a handle (annotated Fig. 1).
Regarding claim 10, Wu further discloses both the cup body (cup body 2) and the landscape cover (transparent cover 4) are connected to the cup cover (connector 1) in a threaded manner (Abstract).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Arai as applied to claim 2 above, and in further view of U.S. Pat. 7,044,316 to Hsu (hereinafter, “Hsu”).
Regarding claim 4, Wu as modified by Arai does not expressly disclose a counterweight is formed at a free end of the lower straw, and the counterweight is provided with a suction inlet communicated with an inner tube section of the lower straw.
Hsu teaches a children’s cup comprising a cup body and a cup cover (Fig. 2). Hsu teaches a lower straw (straw 40, Fig. 2) having a counterweight at a free end of the lower straw (head 42, Fig. 2). The counterweight is provided with a suction inlet communicated with an inner tube section of the lower straw (see Fig. 2; col. 3, ll. 28-43; col. 4, ll. 1-4). Hsu further teaches that this counterweight permits the cup to be used in an inverted position (col. 4, ll. 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu/Arai to add a counterweight to a free end of the lower straw as taught by Hsu for the purpose of permitting the cup to be used when tipped, as recognized by Hsu (see e.g., col. 4, ll. 1-4).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Arai as applied to claim 3 above, and in further view of CN 2707682 to Li (hereinafter, “Li”).
Regarding claim 5, Wu as modified by Arai does not expressly disclose the drinking tube assembly further comprises a straw lid, and the straw lid comprises a sleeve ring, a connecting band and a lid body, wherein the sleeve ring and the lid body are connected by means of the connecting band, the sleeve ring is sleeved on the upper straw, and the lid body is covered on an end portion of the upper straw to close the upper straw.
Li teaches a similar children’s cup comprising a cup body and a cup cover, and a drinking tube assembly (see Figs. 1-2). Li teaches the drinking tube assembly includes a straw lid (end cap 31, Figs. 1-2). Li teaches that the straw lid (end cap 31) comprises a sleeve ring, a connecting band, and a lid body (see annotated Fig. 2 below). Li teaches the sleeve ring and the lid body are connected by means of the connecting band, and the sleeve ring is sleeved on the upper straw (see Fig. 2). Li teaches the lid body is covered on an end portion of the straw (see Fig. 1). Li teaches that an outer wall of the upper straw has a limiting groove, and the sleeve ring is sleeved in the limiting groove (see annotated Fig. 2). Li further teaches the straw lid covers the end of the drinking tube assembly (see p. 3 of attached translation).
It further would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu/Arai to add the straw lid of Li to the end portion of the upper straw as taught by Li for the purpose of covering the end of the drinking tube assembly, as recognized by Li (see p. 3).
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Li Annotated Figure 2
Regarding claim 6, Wu as modified by Arai and Li already includes an annular limiting groove (Li, annotated Fig. 2) is formed on an outer wall of the upper straw (Li, see Fig. 2), and the sleeve ring is sleeved in the limiting groove (Li, annotated Fig. 2).
Allowable Subject Matter
Claims 7 and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, none of Wu, Arai, or Li discloses a locking groove formed on an outer wall of the lid body, the locking groove having an inner diameter that decreases from a middle portion to an opening portion, the locking groove matched to a locking block on an outer wall of the cup cover as claimed. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu, Arai, and/or Li to have such an arrangement in combination with the other claim elements.
Regarding claim 8, none of Wu, Arai, or Li discloses a limiting cap arranged on the landscape cover and a second locking block matched with a locking groove is formed on the limiting cap as claimed. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu, Arai, and/or Li to have such an arrangement in combination with the other claim elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
WO-03101260 to Magill et al. discloses a fountain cup comprising a cup body, a cup cover, and a fountain tube assembly for spraying water within a landscape cover (see Figs. 1-4).
CN-106724593 to Xu discloses a fountain cup comprising a cup body, a cup cover, a landscape cover, a water return groove, and a fountain tube assembly for spraying water within the landscape cover (see Figs. 1-8).
U.S. Pat. 7,402,092 to Randall et al. discloses a fountain cup comprising a cup body, a cup cover, a landscape cover, a water return groove, and a fountain tube assembly for spraying water within the landscape cover (see e.g., Fig. 4)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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/LAURA E. PARKER/Examiner, Art Unit 3733