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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 requires “a lateral wall and an aperture through the lateral wall”, this wall is shown as the top wall (142 of the cover). Lateral walls are generally considered sidewalls, clarification is requested. Claims 10 and 20 are rejected for similar reasoning, as claim 1.
Claim 1 requires “the upper portion is coupled to the lower portion and rotatable relative to the lower portion to bring each of the two or more chambers and the spout into alignment with the aperture of the lower portion for fluidic communication therethrough”. This language is unclear because the specification discloses chamber number 1, chamber number 2 or the spout are in alignment with the aperture (142a). The drawings do not disclose the chambers and the spout are aligned at the same time with the opening. It is believed that the written description and the claims do not reflect the alignment opening, in a singularly manner, with the chambers or the spout (in rotation). Clarification is requested. Claim 10 is rejected for similar reasons (as it can require both the chambers at the same time to be in alignment with the aperture). Claim 20 is rejected for similar reasoning, as claim 1.
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, 3, 5, 6, 8, 9 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roth (US2008/0078200).
1. A lid (Fig. 6A) for a drinking container comprising: an upper portion (Fig. 6 at 40, 70, 68 and 64) having two or more chambers (in the below annotated Fig. and 66 in the closed position) and a spout (54); and a lower portion (34) having a lateral wall (42) and an aperture (44) through the lateral wall; wherein the upper portion is coupled to the lower portion (Fig. 6A) and rotatable relative to the lower portion to bring each of the two or more chambers and the spout into alignment (Fig. 6A) with the aperture of the lower portion for fluidic communication therethrough, the storage chambers being configured to store (Fig. 6) and selectively release a powder (Fig. 6A) through the aperture.
3. The lid according to Claim 1, wherein each of the storage chambers includes a peripheral wall extending from a lower chamber end to an upper chamber end, the lateral wall includes an upper surface, and the lower chamber end of each of the storage chambers slides against the upper surface of the lateral wall to seal the storage chamber as the upper portion is rotated relative to the lower portion to bring the two or more chambers into alignment with the aperture (Fig. 6).
5. The lid according to Claim 3, wherein the lower chamber end of the peripheral wall of each of the storage chambers defines a lower opening through which the powder is released from the storage chamber through the aperture (Fig. 6).
6. The lid according to Claim 5, wherein the upper chamber end of the peripheral wall of each of the storage chambers defines an upper opening though which the storage chamber receives the powder to be stored therein (Fig. 6).
8. The lid according to Claim 1, wherein the spout includes a peripheral wall extending from a lower spout end to an upper spout end, the lateral wall includes an upper surface, and the lower spout end of the spout slides against the upper surface of the lateral wall as the upper portion is rotated relative to the lower portion to bring the spout into alignment with the aperture (Fig. 6).
9. The lid according to Claim 1, wherein the upper portion of the lid includes an upper component and a lower component coupled to the upper component, wherein the upper component forms an upper wall of the storage chambers, and the lower component forms a lower wall of the storage chambers.
20. A drinking container system (Fig. 6) comprising (see the rejection of claim 1 that teaches this claim): a drinking container; and a lid coupleable to an upper end of the drinking container to seal liquid therein, wherein the lid includes: an upper portion (Fig. 6 at 40, 70, 68 and 64) having two or more chambers (in the below Fig. ) and a spout (54); and a lower portion (34) having a lateral wall (42) and an aperture (44) through the lateral wall; wherein the upper portion is coupled to the lower portion and rotatable relative to the lower portion to bring each of the two or more chambers and the spout into alignment with the aperture of the lower portion for fluidic communication therethrough, the storage chambers being configured to store a powder therein (Fig. 6) and selectively release the powder through the aperture (Fig. 6A).
Allowable Subject Matter
Claims 2, 4 and 7 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: Claims 10-19 are allowable. Claim 10 requires “wherein the lower component forms lower walls that extend below the storage chambers to form lower chamber ends that define lower chamber openings of the storage chambers, and the upper component forms upper walls that extend above the storage chambers to form upper chamber ends that define upper chamber openings of the storage chambers; and wherein the lower portion includes a lateral wall that defines an aperture, the upper portion being rotatable relative to the lower portion to align the lower chamber openings with the aperture to release the powders from the storage chambers through the aperture and into the drinking container to which the lid is coupled”. This requirement is not obvious, in light of the other claim limitations of claim 10.
Conclusion
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEN KAY THOMAS whose telephone number is (571)270-5611. The examiner can normally be reached 9:00am-5:00pm.
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/KAREEN K THOMAS/Primary Examiner, Art Unit 3736