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 § 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) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sorensen et al (US11,278,139), in view of Chisholm (US20150013270).
1. Sorensen teaches a lid (Fig. 2) for beverage container, the lid comprising: a lid body (Fig. 2 at 26) comprising: a spout (Fig. 2 at 28) defining a first drinking opening (Fig. 2 at 32) and a second drinking opening (Fig. 2 at 30) through the lid body; and a latch (such as described in column 22, lines 53-67); a closure (Fig. 2 at 60) rotatably coupled to the lid body and configured to rotate between a closed position (Fig. 1) in which the closure covers the lid body and an open position (such as in Fig. 20) in which the closure does not cover the lid body; wherein the latch is configured to engage with the closure to retain the closure in the closed position (where the latch allows the closure to stay closed). Sorensen DIFFERS in that it does not disclose a seal member coupled to the closure and configured to seal around an outer surface of a rim of the spout when the closure is in the closed position, Attenion, however is directed to Chisholm, which discloses a seal member coupled to a closure and sealing around an outer perimeter, therefore it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Sorensen by employing a seal to the outer perimeter of the spout, in order to better seal the closure in the closed position.
2. The lid of claim 1, wherein there is a gap between an inner surface of the seal member and a top surface of rim of the spout in the closed position (Figs 1-27B).
3. The lid of claim 1, wherein the seal member does not contact a top surface of rim of the spout in the closed position (Figs 1-27B).
4. The lid of claim 1, wherein the seal member does not form a seal between the first drinking opening and the second drinking opening in the closed position (Figs 1-27B).
5. The lid of claim 1, wherein the seal member comprises an indentation disposed above a wall separating the first drinking opening and the second drinking opening when the closure is in the closed position (Figs 1-27B).
6. The lid of claim 5, wherein the indentation has an oval shape (Figs 1-27B).
7. The lid of claim 1, wherein the rim of the spout has a non-planar shape and is higher towards the second drinking opening, and wherein the seal member does not contact a top surface of the rim in the closed position (Figs 1-27B).
8. The lid of claim 7, wherein a wall separating the first drinking opening and the second drinking opening is lower than the rim of the spout, and wherein the seal member does not contact a top surface of the wall in the closed position (Figs 1-27B).
9. The lid of claim 1, wherein the seal member comprises a side wall configured to seal around an outer surface of a rim of the spout has a non-planar shape, and wherein the side wall has tapered shape (Figs 1-27B).
10. The lid of claim 9, wherein the sidewall of the seal member comprises a continuously inward projecting flange configured to seal around the outer surface of the rim (Figs 1-27B).
11. The lid of claim 1, wherein the seal member is removably coupled to the closure via a mount on the closure (Figs 1-27B).
12. The lid of claim 11, wherein mount is a cross shaped protrusion extending from the closure, and wherein the seal member comprises a cross shaped slot configured to engage with the protrusion (Figs 1-27B).
13. The lid of claim 1, further comprising a spring, wherein the closure is biased towards the open position by the spring (Figs 1-27B).
14. The lid of claim 1, wherein the latch is configured to be depressed to disengage the closure (Figs 1-27B).
15. The lid of claim 1, wherein the second drinking opening extends to a straw connector configured to hold a straw (Figs 1-27B).
16. The lid of claim 1, wherein the second drinking opening is offset from the first drinking opening towards a front of spout (Figs 1-27B).
17. A beverage container, comprising: the lid of claim 1; and a vessel (Figs 1-27B).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. 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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/KAREEN K THOMAS/Primary Examiner, Art Unit 3736
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