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 § 103
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.
Claim(s) 1-2, 7, 10-11, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPUB 2006/0016776 A1 to Barre et al. (“Barre”) in view of U.S. Patent No. 3,777,094 to Peters, Jr. (“Peters”) further in view of U.S. PGPUB 2021/0039846 A1 to Jinkins et al. (“Jinkins”).
As to claim 1, Barre teaches a drink container, comprising: a container body (container 2) having a first accommodating space therein (Barre, pg. 4, ¶ 0084), wherein the container body has an opening end at an upper end thereof (neck 2a) and an enclosed end at a bottom portion thereof (Barre teaches the container 2 has an internal volume of which may contain liquid); and a lid assembly (cap 1) movably disposed on the opening end of the container body (Barre Fig. 3 shows the cap 1 on the neck 2a), wherein the lid assembly includes: a first lid (base 3) having a top portion (discharge duct 5), wherein the top portion has an opening portion (outlet orifice 5a) and a pivot portion (hinge 10), and the opening portion penetrates from a top surface of the top portion to a bottom surface to the top portion (Barre Fig. 3 shows the outlet orifice 5a penetrates from the top surface of the duct 5 to a bottom of the duct 5); and a second lid (lid 6) having a plunger component (stoppering means 7), wherein a bottom portion of the plunger component is configured to be engaged with the opening portion and sealed with the opening portion (Barre Fig. 3 shows the bottom portion of the stoppering means 7 is engaged with the outlet orifice 5a), wherein an outer side of the plunger component is connected to a connection arm (Barre Fig. 1 shows the stoppering means 7 is attached to the bottom of the lid 6), and an end of the connection arm corresponding to the plunger component is connected to the pivot portion through a pivot (Barre Fig. 1 shows the bottom of the lid 6 is connected to the hinge 10), wherein the second lid is configured to take the pivot as a center to swing back and forth between a closed position (Barre Fig. 3 shows the closed position) and an open position (Barre Fig. 1 shows the opening position), and wherein, when the second lid is arranged at the closed position (Barre Fig. 3 shows the lid 6 in the closed position), the bottom portion of the plunger component is engaged with the opening portion (Barre, pg. 4, ¶ 0084), and when the second lid is arranged at the open position, the plunger component is away from the opening portion (Barre Fig. 5 shows the lid 6 away from the outlet orifice 5a); wherein the plunger component has a second accommodating space therein facing downwards (Barre Fig. 5 shows a space below the closed end of the stoppering means 7 toward the opening of the stoppering means 7), and when the second lid is arranged at the closed position, the second accommodating space is arranged above the opening portion (Barre Fig. 3 shows the space between the closed end of the stoppering means 7 and the outlet orifice 5a), and a gap is between a top wall of the second accommodating space and the top surface of the top portion of the first lid (Barre Fig. 3 shows the space between the closed end of the stoppering means 7 and the outlet orifice 5a); but does not teach an inner metal layer formed at an inner surface of the first lid and surrounds an outer periphery of the opening portion, wherein the inner metal layer defines an inner space that is directly surrounded by an inner top wall and an inner annular wall thereof, and the inner metal layer extends to a position adjacent to a bottom end of an outer screw thread portion of the first lid.
Peters teaches an inner metal layer (inner metallic lid member 17) formed at an inner surface of the first lid (lid 16) and surrounds an outer periphery of the opening portion (Peters Fig. 1 shows the inner metallic lid member 17 covers the liner 18 and when added to the lid of Barre it would cover the inside of the lid but would not cover the outlet orifice), wherein the inner metal layer defines an inner space that is directly surrounded by an inner top wall and an inner annular wall thereof (Peters Fig. 1 shows the inner metallic lid member 17 has a curved top portion and an annular wall extending downward from the curved portion), and the inner metal layer extends to a position adjacent to a bottom end of the first lid (Peters Fig. 1 shows the inner metallic lid member 17 extends to a bottom end of the lid 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bottle construction to form it of the construction in Peters to maintain foods in a warm condition (Peters, col. 2, lines 19-20).
Jinkins teaches an outer screw thread portion (threads 166) of the first lid (lid 100).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reverse the threaded configuration of Barre modified by Peters as shown in Jinkins showing a likelihood of success to seal the lid to the container (Jinkins, pg. 2, ¶ 0032).
As to claim 2, Barre modified by Peters and Jinkins discloses the claimed invention except for wherein, when the second lid is arranged at the closed position, the gap between the top wall of the second accommodating space of the plunger component and the top surface of the top portion is within a range from 8 mm to 30 mm. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the gap within a range from 8 mm to 30 mm to provide a small space above the opening, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05 I.
As to claim 7, Barre modified by Peters and Jinkins teaches the drink container according to claim 1, wherein the inner metal layer is made of titanium (Peters, col. 1, lines 62-63).
As to claim 10, Barre teaches a lid assembly configured to be disposed at an opening end of a container (container 2), comprising: a first lid (base 3) having a top portion (discharge duct 5), wherein the top portion has an opening portion (outlet orifice 5a) and a pivot portion (hinge 10), and the opening portion is formed on a top surface of the top portion and penetrates from the top surface of the top portion to a bottom surface to the top portion (Barre Fig. 3 shows the outlet orifice 5a penetrates from the top surface of the duct 5 to a bottom of the duct 5); and a second lid (lid 6) having a plunger component (stoppering means 7), wherein a bottom portion of the plunger component is configured to be engaged with the opening portion and sealed with the opening portion (Barre Fig. 3 shows the bottom portion of the stoppering means 7 is engaged with the outlet orifice 5a), wherein an outer side of the plunger component is connected to a connection arm (Barre Fig. 1 shows the stoppering means 7 is attached to the bottom of the lid 6), and an end of the connection arm corresponding to the plunger component is connected to the pivot portion through a pivot (Barre Fig. 1 shows the bottom of the lid 6 is connected to the hinge 10), wherein the second lid is configured to take the pivot as a center to swing back and forth between a closed position (Barre Fig. 3 shows the closed position) and an open position (Barre Fig. 1 shows the opening position), and wherein, when the second lid is arranged at the closed position (Barre Fig. 3 shows the lid 6 in the closed position), the bottom portion of the plunger component is engaged with the opening portion (Barre, pg. 4, ¶ 0084), and when the second lid is arranged at the open position, the plunger component is away from the opening portion (Barre Fig. 5 shows the lid 6 away from the outlet orifice 5a), wherein the plunger component has a second accommodating space therein facing downwards (Barre Fig. 5 shows a space below the closed end of the stoppering means 7 toward the opening of the stoppering means 7), and when the second lid is arranged at the closed position, the second accommodating space is arranged above the opening portion (Barre Fig. 3 shows the space between the closed end of the stoppering means 7 and the outlet orifice 5a), and a gap is between a top wall of the second accommodating space and the opening portion of the top portion of the first lid (Barre Fig. 3 shows the space between the closed end of the stoppering means 7 and the outlet orifice 5a); but does not teach an inner metal layer formed at an inner surface of the first lid and surrounds an outer periphery of the opening portion, wherein the inner metal layer defines an inner space that is directly surrounded by an inner top wall and an inner annular wall thereof, and the inner metal layer extends to a position adjacent to a bottom end of an outer screw thread portion of the first lid.
Peters teaches an inner metal layer (inner metallic lid member 17) formed at an inner surface of the first lid (lid 16) and surrounds an outer periphery of the opening portion (Peters Fig. 1 shows the inner metallic lid member 17 covers the liner 18 and when added to the lid of Barre it would cover the inside of the lid but would not cover the outlet orifice), wherein the inner metal layer defines an inner space that is directly surrounded by an inner top wall and an inner annular wall thereof (Peters Fig. 1 shows the inner metallic lid member 17 has a curved top portion and an annular wall extending downward from the curved portion), and the inner metal layer extends to a position adjacent to a bottom end of the first lid (Peters Fig. 1 shows the inner metallic lid member 17 extends to a bottom end of the lid 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bottle construction to form it of the construction in Peters to maintain foods in a warm condition (Peters, col. 2, lines 19-20).
Jinkins teaches an outer screw thread portion (threads 166) of the first lid (lid 100).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reverse the threaded configuration of Barre modified by Peters as shown in Jinkins showing a likelihood of success to seal the lid to the container (Jinkins, pg. 2, ¶ 0032).
As to claim 11, Barre modified by Peters and Jinkins discloses the claimed invention except for wherein, when the second lid is arranged at the closed position, the gap between the top wall of the second accommodating space of the plunger component and the top surface of the top portion is within a range from 8 mm to 30 mm. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the gap within a range from 8 mm to 30 mm to provide a small space above the opening, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05 I.
As to claim 15, Barre modified by Peters and Jinkins teaches the drink container according to claim 10, wherein the inner metal layer is made of titanium (Peters, col. 1, lines 62-63).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barre in view of Peters in view of Jinkins further in view of U.S. PGPUB 2019/0100362 A1 to Meyers et al. (“Meyers”).
As to claim 3, Barre modified by Peters and Jinkins teaches the drink container according to claim 2, wherein a first sealing component (Barre Fig. 3 shows a sealing component that extends into the opening of the container 2) is disposed at an engaging position of the first lid and the opening end of the container body, so that the first lid and the opening end of the container body are configured to form a sealed state (Barre Fig. 3 shows the base 3 in sealed onto the open end of the container 2), and wherein the opening portion is a circular opening (Barre Fig. 1 shows the outlet orifice 5a is circular), the bottom portion of the plunger component is in a cylindrical shape in cooperation with the opening portion (Barre Fig. 1 shows the stoppering means 7 is a cylindrical shape); but does not teach a second sealing component is disposed at an outer side of the bottom portion of the plunger component, and the bottom portion of the plunger component is engaged with the opening portion through the second sealing component, so that the plunger component and the opening portion are configured to form a sealed state.
Meyers teaches a second sealing component (lid opening seal 46A) is disposed at an outer side of the bottom portion (Meyers Fig. 5 show the seal 46A on the outer side of the bottom portion of the plug 26A) of the plunger component (plug 26A), and the bottom portion of the plunger component is engaged with the opening portion (opening 34A) through the second sealing component, so that the plunger component and the opening portion are configured to form a sealed state (Meyers, pg. 9, ¶ 0180).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the lid opening seal of Meyers onto the plunger as taught by Barre modified by Peters and Jinkins to provide a connection that is sufficiently tight to prevent unintentional leakage of fluids or other contents from the container (Meyers, pg. 9, ¶ 0180).
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barre in view of Peters in view of Jinkins in view of Meyers further in view of U.S. Patent 11,472,611 B1 to Hove (“Hove”).
As to claim 4, Barre modified by Peters, Jinkins, and Meyers teaches the drink container according to claim 3, but does not teach wherein an upper end of the plunger component is pivotally connected to a bottom side of the connection arm through a bolt shaft portion, so that the plunger component is rotatably connected to the bottom side of the connection arm, and wherein the opening portion has a first screw thread portion at an inner side thereof, a second screw thread portion in cooperation with the first screw thread portion is disposed at a bottom end of the plunger component, and the first screw thread portion and the second screw thread portion are configured to be screwed with each other, so that the plunger component is configured to be fixed at the opening portion.
Hove teaches wherein an upper end of the plunger component (cap 16) is pivotally connected to a bottom side of the connection arm (arm 30) through a bolt shaft portion (hinge pin 20), so that the plunger component is rotatably connected to the bottom side of the connection arm (Hove Fig. 2 shows the cap 16 rotatably connected to the arm 30), and wherein the opening portion (spout 22) has a first screw thread portion (spout threads 24) at an inner side thereof (Hove Fig. 2 shows the threads 24 on the inside of the spout 22), a second screw thread portion (cap threads 26) in cooperation with the first screw thread portion is disposed at a bottom end of the plunger component (Hove Fig. 3 shows the cap threads 26 at the bottom of the cap 16), and the first screw thread portion and the second screw thread portion are configured to be screwed with each other, so that the plunger component is configured to be fixed at the opening portion (Hove, col. 2, lines 44-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add threads of Hove onto the plunger and opening as taught by Barre modified by Peters, Jinkins, and Meyers to provide a clean pour from the pour spout (Hove, col. 1, line 27).
As to claim 5, Barre modified by Peters, Jinkins, Meyers, and Hove teaches the drink container according to claim 4, wherein, when the second lid is arranged at the closed position (Hove Fig. 5 shows the pour spout cap 16 in the closed position), the first screw thread portion of the opening portion is arranged between the second screw thread portion of the plunger component and the inner metal layer (Hove Fig. 5 shows the pour spout cap 16 with the spout threads 24 arranged between the cap threads 26 and the inner layer as taught by Peter).
As to claim 6, Barre modified by Peters, Jinkins, Meyers, and Hove teaches the drink container according to claim 4, wherein the inner metal layer covers an inner side wall and an inner top wall of the first lid and surrounds an outer periphery of the first screw thread portion of the opening portion (Peters Fig. 1 shows the inner metallic lid member 17 covers the liner 18 and when added to the lid of Barre it would cover the inside of the lid but would not cover the outlet orifice).
Claim(s) 8, 12-14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barre in view of Peters in view of Jinkins further in view of Hove.
As to claim 8, Barre modified by Peters and Jinkins teaches the drink container according to claim 1, but does not teach wherein the plunger component has an annular protruding edge formed at an outer periphery thereof, and the plunger component includes a block member configured to be sleeved around the plunger component and arranged above the annular protruding edge, wherein one end of the connection arm has an installation ring, the installation ring is configured to be sleeved around the plunger component and arranged between the annular protruding edge and the block member, and the plunger component is configured to rotate relative to the installation ring.
Hove teaches wherein the plunger component (cap 16) has an annular protruding edge (protruding edge, Hove annotated Fig. 3) formed at an outer periphery thereof, and the plunger component includes a block member (gasket 34) configured to be sleeved around the plunger component and arranged above the annular protruding edge (Hove annotated Fig. 3 shows the gasket 34 above the protruding edge), wherein one end of the connection arm has an installation ring (installation ring, Hove annotated Fig. 3), the installation ring is configured to be sleeved around the plunger component and arranged between the annular protruding edge and the block member (Hove annotated Fig. 3 shows the installation ring is around the cap 16 and between the protruding edge and the gasket 34), and the plunger component is configured to rotate relative to the installation ring (Hove, col. 3, lines 35-43).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the connection of Hove onto the plunger and opening as taught by Barre modified by Peters and Jinkins to provide a clean pour from the pour spout (Hove, col. 1, line 27).
As to claim 12, Barre modified by Peters and Jinkins teaches the lid assembly according to claim 10, but does not teach wherein an upper end of the plunger component is pivotally connected to a bottom side of the connection arm through a bolt shaft portion, so that the plunger component is rotatably connected to the bottom side of the connection arm, and wherein the opening portion has a first screw thread portion at an inner side thereof, a second screw thread portion in cooperation with the first screw thread portion is disposed at a bottom end of the plunger component, and the first screw thread portion and the second screw thread portion are configured to be screwed with each other, so that the plunger component is configured to be fixed at the opening portion.
Hove teaches wherein an upper end of the plunger component (cap 16) is pivotally connected to a bottom side of the connection arm (arm 30) through a bolt shaft portion (hinge pin 20), so that the plunger component is rotatably connected to the bottom side of the connection arm (Hove Fig. 2 shows the cap 16 rotatably connected to the arm 30), and wherein the opening portion (spout 22) has a first screw thread portion (spout threads 24) at an inner side thereof (Hove Fig. 2 shows the threads 24 on the inside of the spout 22), a second screw thread portion (cap threads 26) in cooperation with the first screw thread portion is disposed at a bottom end of the plunger component (Hove Fig. 3 shows the cap threads 26 at the bottom of the cap 16), and the first screw thread portion and the second screw thread portion are configured to be screwed with each other, so that the plunger component is configured to be fixed at the opening portion (Hove, col. 2, lines 44-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add threads of Hove onto the plunger and opening as taught by Barre modified by Peters and Jinkins to provide a clean pour from the pour spout (Hove, col. 1, line 27).
As to claim 13, Barre modified by Peters, Jinkins, and Hove teaches the drink container according to claim 12, wherein, when the second lid is arranged at the closed position (Hove Fig. 5 shows the pour spout cap 16 in the closed position), the first screw thread portion of the opening portion is arranged between the second screw thread portion of the plunger component and the inner metal layer (Hove Fig. 5 shows the pour spout cap 16 with the spout threads 24 arranged between the cap threads 26 and the inner layer as taught by Peters).
As to claim 14, Barre modified by Peters, Jinkins, and Hove teaches the drink container according to claim 12, wherein the inner metal layer covers an inner side wall and an inner top wall of the first lid and surrounds an outer periphery of the first screw thread portion of the opening portion (Peters Fig. 1 shows the inner metallic lid member 17 covers the liner 18 and when added to the lid of Barre it would cover the inside of the lid but would not cover the outlet orifice).
As to claim 16, Barre modified by Peters and Jinkins teaches the drink container according to claim 10, but does not teach wherein the plunger component has an annular protruding edge formed at an outer periphery thereof, and the plunger component includes a block member configured to be sleeved around the plunger component and arranged above the annular protruding edge, wherein one end of the connection arm has an installation ring, the installation ring is configured to be sleeved around the plunger component and arranged between the annular protruding edge and the block member, and the plunger component is configured to rotate relative to the installation ring.
Hove teaches wherein the plunger component (cap 16) has an annular protruding edge (protruding edge, Hove annotated Fig. 3) formed at an outer periphery thereof, and the plunger component includes a block member (gasket 34) configured to be sleeved around the plunger component and arranged above the annular protruding edge (Hove annotated Fig. 3 shows the gasket 34 above the protruding edge), wherein one end of the connection arm has an installation ring (installation ring, Hove annotated Fig. 3), the installation ring is configured to be sleeved around the plunger component and arranged between the annular protruding edge and the block member (Hove annotated Fig. 3 shows the installation ring is around the cap 16 and between the protruding edge and the gasket 34), and the plunger component is configured to rotate relative to the installation ring (Hove, col. 3, lines 35-43).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the connection of Hove onto the plunger and opening as taught by Barre modified by Peters and Jinkins to provide a clean pour from the pour spout (Hove, col. 1, line 27).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barre in view of Peters in view of Jinkins further in view of U.S. PGPUB 2021/0284427 A1 to Rojas (“Rojas”).
As to claim 9, Barre modified by Peters and Jinkins teaches the drink container according to claim 1, but does not teach wherein the container body has a concave portion at a bottom portion of the first accommodating space.
Rojas teaches wherein the container body (first compartment 10) has a concave portion (curved closed end 11) at a bottom portion of the first accommodating space (Rojas Fig. 1 shows a bottle with a curved closed end 11 at the bottom of the first compartment 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the curved closed end of Rojas with the drink container as taught by Barre modified by Peters and Jinkins to provide a bottom that allows for freer movement of any powders and thus better dissolving, less waste and easier clean up (Rojas, pg. 2, ¶ 0035).
Response to Arguments
Applicant’s arguments, see pages 8-10, filed 04/07/2026, with respect to the rejection(s) of claim(s) 1 and 10 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
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/M.L.P/Examiner, Art Unit 3733
/JAMES N SMALLEY/Examiner, Art Unit 3733
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