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
Drawings
The drawings are objected to for the following reasons:
Claim 1 recites, “a shelf extending laterally relative to the base between the base and the lip, wherein the lip defines a shell flange extending parallel to the shelf.” (see lines 5-6). Paragraph 33 recites that, “The lip 18 may define a shell flange 44 extending parallel to the shelf 34 (see FIG. 9). It is noted that figure 9 does not show the shelf, and which shelf is shown in figure 6. Figure 9 does use reference character 44; however it is not clear as to how the structure in figure 9 that reference character 44 points to can be construed as extending parallel to shelf 34, because this structure is a vertically extending structure. Additionally if item 18 as shown in figure 6 is a lip, it is not clear as to how item 18 defines a shell flange, 38, as shown in figure 9.
Claim 1 also recites, “a lid flange extending parallel to the surface” (see line 7). Paragraph 35 as filed refers to the lid flange as item 38 and the surface as item 36. It is not clear as to how item 38 can be construed as extending parallel to the surface 36.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation, “trace” minerals. The term “trace” is seen to be a relative term that has not been defined by the claims or specification thus making the scope of how much mineral content can be construed as trace. Applicant’s specification at paragraph 59 as filed provide a range of mineral content of about 0.5mg to about 25mg, but it is not clear if this range is providing a definition of what can be construed as trace minerals.
Claim 15 recites, “the biodegradable material,” which lacks proper antecedent basis.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-13, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nero (US 20180103610) in view of Casale (US 20190059321) and in further view of Yin (US 20120248120) and Edwards (US 20080160143) and in further view of Isshiki (US 20050163944) and in further view of Docherty (US 20180116240) and Underwood (US 20190075832).
Regarding claim 1, it is noted that the limitation in line 1 of “a domestic animal” has been construed to mean any animal. Applicant’s specification at paragraph 28 as filed refers to “a variety of domestic animals, or pets, such as cats, dogs and livestock.” That is, the term, “domestic” can mean “living near or about human habitations; tame, or relating to or originating within a country and especially one’s own country.” In view of this and in light of the specification also referring to livestock, the limitation, “a domestic animal” has been construed to mean any animal.
Regarding claim 1, Nero teaches a container (see figure 1A, Figure 9) for storing an aqueous composition for a domestic animal (see at least the abstract - “pet”; paragraph 3, “dog” paragraph 79, “cats”), the container comprising a shell having a base and a wall extending distally from the base to a lip, the shell defining a chamber between the base and the lip (see figure 1A; figure 2A and figure 9)
As shown in figure 9, there is a shelf near item 920 that extends laterally relative to the base, between the base and the lip.
Nero teaches in figure 9 that there is a lid that comprises a surface and the lid is configured to cooperate with the lip for removably coupling the lid and the shell (see Figure 1A, figure 9, item 900).
Nero also teaches an aqueous composition disposed within the chamber and comprising a first active component, such as a nutraceutical compound comprising vitamins and minerals (paragraph 14) and a medicine (paragraph 16), which can be construed as a pharmaceutical compound.
Claim 1 differs from Nero in specifically reciting “the lid comprising an extension extending laterally relative to the surface.”
Regarding the limitation of, “a sealing layer disposed between the shell and the lid,” it is noted that Nero teaches a sealing layer in one embodiment (see figure 1A) and further teaches that the removable closure is connected to a rim on the wall and that the removable closure may include a plastic skin and a thin plastic lid (see paragraph 76). At figure 9, Nero teaches that the lid 900 attached to the sidewall in a similar manner to a Ziplock bag to form a seal (see paragraph 90). This is seen to suggest the combination of a sealing layer together with a lid and where the sealing layer would have been between the shell and the lid.
Nonetheless, claim 1 differs from Nero in specifically reciting, that “the lip defines a shell flange,” “the lid comprising a surface and a lid flange extending parallel to the surface, wherein the lid flange is configured to engage the shell flange, the lid configured to cooperate with the lip for removably coupling the lid and the shell, the lid comprising an extension extending laterally relative to the surface” and ”a sealing layer disposed between the shell and the lid, wherein the lip extends transverse and outwardly relative to the wall to an outer edge for forming a surface to which the sealing layer may be adhered.”
Casale (US 20190059321) teaches pet bowls that can comprise an aqueous composition therein (see at least, the abstract: “adapted to store water or food for a pet”; paragraph 51).
Casale teaches that the shell has a base and a wall extending distally from the base, to a lip (see figure 2, item 26) and which lip can be construed as defining a shell flange (see figure 1 and 6, item 26). Casale further teaches the lid comprising “a surface” (see figure 1, item 40) and a lid flange (see figure 1, item 30) that extends parallel to the surface and which lid flange is configured to engage with the shell flange (26) for securing the lid to the base (see paragraph 43). Casale further teaches that there is an extension extending laterally relative to the surface of the lid (see figure 1, item 46). Since the surface (46) is vertically extending, the extension would have been laterally extending relative to the surface 40. Casale teaches that such a surface can be useful for providing stability to the shell during use (see figure 9 and paragraph 45). Casale further teaches a sealing layer (see figure 7, item 48) positioned between the shell and the lid and that the lip of the shell extends transverse and outwardly relative to the wall to an outer edge so as to form a surface to which the sealing layer is “capable of” being adhered (see figure 7, item 49 and paragraph 50). Casale teaches that this combination is beneficial for providing an additional fluid-impermeable barrier to ensure freshness of the contents (see paragraph 50, 51). It is noted that Casale teaches the shell comprising a lip that would extend laterally and therefore would have been parallel to Nero’s shelf (see Casale, figure 2, item 26).
To therefore modify Nero’s container as shown in figure 9 with a lip that defines a shell flange, and the lid comprising a surface and a lid flange extending parallel to the surface with the lid flange configured to engage the shell flange and the lid configured to cooperate with the lip of the baes, the lid also comprising an extension extending laterally relative to the surface and a sealing layer between the shell and the lid and with the lip extending transverse and outward relative to the wall would have been obvious to one having ordinary skill in the art for providing a sealing surface to which an additional fluid impermeable barrier can be sealed for ensuring the freshness of the contents, and for providing a cooperating lid and shell flange for being able to repeatably open and close the container during use while also providing stability to the base during use.
If it could have been construed that Casale’s teachings did not teach the claimed lip defining a shell flange that extends parallel to the shelf and a lid flange extending parallel to the surface of the lid and which lid flange is configured to engage the shell flange, then it is noted that such an arrangement has been conventional in the art of sealing food containers.
For example, Yin (US 20120248120) teaches a shell (see figures 3, item 10) having a lip (figures 3, item 16) having a shelf extending laterally between the base and the lip (see figure 3, item 13,14), the lip defines a shell flange extending parallel to the shelf (in figure 3, lip 16 extends parallel to the shelf 13 and can be construed as defining a shell flange; also in figure 3, item 15 can be construed as a shell flange extending parallel to the shelf,13,14). Yin’s lip 16 extends transverse and outward relative to the wall to form an outer edge, which would have been capable of adhering the sealing layer. Yin also teaches a lid flange (figure 3, item 25 and 26), which extend parallel to a surface of the lid. The lid flange, 25 and 26, engages with the shell flange 15 and 16 (see figure 3). At paragraphs 15-16, Yin teaches that the purpose of the flange portions is to engage with each other for sealing the lid to the shell and to overcome leaking of liquid foods through the seal (see paragraph 4-5). In view of the similarities between the engaging portions of Yin to those shown in figures 5 and 9 of Applicant’s drawings, Yin is seen to teach the same concept as that of the claimed shell flange and lid flange.
To therefore modify the combination and to use an engagement structure as taught by Yin would have been obvious to one having ordinary skill in the art, as a substitution of one conventional expedient for another, recognized for performing the same function of sealing a food container.
Regarding the limitation to claim 1 of, wherein the shell and the lid each exhibit a water vaporization rate of less than 10 g/m2/24 hours, the claim differs from the above combination in this regard.
However, it is noted that Isshiki (US 20050163944) teaches biodegradable containers (see paragraphs 55-56) for holding beverages (paragraph 73) and where the container can be made from polymer materials such as polylactic acid (paragraph 16) and where the material can comprise a water vapor permeability of 1 or 2g/m2/24hours (see paragraph 44).
Isshiki teaches biodegradable containers for storing liquids and is thus similar to Nero because Nero further also teaches using biodegradable materials for containers used for storing aqueous compositions (see paragraph 95 and figures 1A and 9). As Nero is sealing a liquid within the container, it would have been desirable and obvious to one having ordinary skill in the art for the container to have water vapor impermeability to thus prevent evaporation and loss of the liquid contained therein.
To thus modify Nero and use materials for the container and lid, as taught by Isshiki, which suggest a water vapor permeability rate that is less than 10g/m2/24hours, would have been obvious to one having ordinary skill in the art, for the purpose of providing a more environmentally friendly biodegradable container which has a barrier to water vapor for improving the storage stability of the contents.
Further regarding the sealing layer, it is noted that Edwards (US 20080160143) evidences that one having ordinary skill in the art would have had a reasonable expectation of success in providing a sealing layer between the shell and the lid, that can engage with the lip of the shell (see figure 2B, where the sealing layer 13 extends between the lid and the base).
Nero further teaches that nutrients, vitamins, flavoroids and medicine can be included with the aqueous composition (see paragraph 14-16).
However, Claim 1 differs from the above combination in specifically reciting that “the first active component is a cannabidiol compound and is present in the aqueous composition in an amount of from about 8 mg to about 15 mg per mL of aqueous composition.”
Docherty (US 20180116240) teaches ready to drink aqueous compositions (see at least, the abstract and paragraph 24) which can comprise cannabidiol (see paragraph 26-27) and can be provided for domestic animals (see paragraph 106) in any effective dosage amount (see paragraph 107-108). Docherty further teaches that such active agents can be used at 10 and 15 mg for example (see paragraph 87).
Underwood (US 20190075832) also teaches using CBD in beverages and aqueous compositions at 10 mg/mL (see paragraph 40 and 47) and which aqueous compositions can be administered to domesticated animals such as dogs, for improving the animal’s well-being (See paragraph 6 and 9)
Docherty and Underwood teach that cannabidiol is useful for domestic animals and can be useful in providing effects such as alleviating pain, anxiety, inflammation and improving well being (see Docherty paragraph 31, 35; Underwood paragraph 6).
Since Nero already teaches providing an active ingredient as part of the aqueous composition, it would have been obvious to one having ordinary skill in the art to have modified Nero’s aqueous composition and to further include an active component such as 10 mg/mL of cannabidiol because Docherty and Underwood teach adding CBD to aqueous compositions used for domesticated animals for the purpose of providing a therapeutic effect such as improving general well-being.
Regarding claim 2-4, Nero teaches that the active component can be a nutraceutical compound, such as vitamins (paragraph 14).
Regarding claims 12-13, Nero teaches including flavoring additives (see paragraph 15) which thus reads on the additive component comprising a flavoring agent.
Regarding claims 15 and 16, Isshiki teaches biodegradable containers (see paragraphs 55-56) for holding beverages (paragraph73) and where the container can be made from polymer materials such as polylactic acid (paragraph 16)
Isshiki teaches biodegradable containers for storing liquids and is thus similar to Nero because Nero further also teaches using biodegradable materials for containers used for storing aqueous compositions (see Nero paragraph 95 and figures 1A and 9).
To thus modify Nero and use materials for the container and lid, such as polylactic acid as taught by Isshiki, would have been obvious to one having ordinary skill in the art, for the purpose of providing a more environmentally friendly biodegradable container which has a barrier to water vapor for improving the storage stability of the contents.
Further regarding claims 4-11, it is noted that these claims further detail the particular type of nutraceutical compound, but claim 3 from which claims 4-11 depend recite that the second active component can be a pharmaceutical compound. In view of this, Nero’s teaching of including medicine (see paragraph 16 and 83) can be construed as a pharmaceutical compound such that claims 4-11 would be rejected based on their dependence to claim 3, since claims 4-11 do not positively recite that the second active component comprises, respectively, a nutraceutical, vitamin, mineral, herbal compound, amino acid, fatty acid, enzyme and probiotic.
Claims 5-6, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over the combination as applied to claims 4 above, which relies on Nero (US 20180103610) as the primary reference, and in further view of Woodward (US 20140127352) and Zemel (US 20160073659).
Further regarding claims 5-6, 10 and 11, for expediting prosecution, the claims have also been construed to require the second active component comprising a nutraceutical compound as recited and have been addressed below.
Regarding claim 5, Nero teaches nutraceutical compounds such as vitamins, but claim 5 differs from the combination in specifically reciting that the vitamin comprises a vitamin B, vitamin C, vitamin D, or combinations thereof.
Claim 6 differs from the combination as applied to claim 4 in specifically reciting that “the nutraceutical compound comprises the mineral and the mineral comprises calcium, phosphorus, magnesium, sodium, chloride, potassium, sulfur, trace minerals or combinations thereof.”
However, Woodward teaches that it has been advantageous to include active components into drinking water, such as vitamins, minerals, fatty acids, for improving hydration and for promoting health and wellness of domestic animals (see the abstract paragraph 12, 16, 28). Woodward also teaches that an active component can comprise a nutraceutical such as vitamin D (see paragraph 28), fatty acids (paragraph 16), as well as minerals (paragraph 28) and sodium chloride (Table 4), which thus reads on trace minerals and sodium and chloride, as recited in claim 7. Woodward’s teachings of including ferrous-, zinc-, manganese- and copper- sulfate teaches trace minerals as part of the nutraceutical composition. Zemel also teaches aqueous compositions for pets (abstract - “pet drinks”; Paragraph 76 - “drink”), which can include vitamins such as vitamin-D and electrolytes (paragraph 193, 194) while also including antioxidants such as selenium (paragraph 124), which is a known trace mineral, as well as minerals such as zinc, iron, calcium, manganese, copper, iodine, sodium and potassium (paragraph 194).
Since Nero teaches that the sealed aqueous composition can comprise active components such as vitamins and minerals (paragraph 14, 16, 43), to modify the combination as applied to claim 5 and to include vitamins such as vitamin D, and to include minerals, sodium chloride and fatty acids as taught by Woodward and Zemel would thus have been obvious to one having ordinary skill in the art for providing the added nutritional benefit of including such active components into the aqueous composition.
Regarding claim 10, it is noted that Woodward teaches aqueous compositions comprising antioxidants (paragraph 16), but claim 10 differs from the combination in specifically reciting that the nutraceutical compound comprises the enzyme and the enzyme comprises bromelain, coenzyme Q10, or a combination thereof.
However, Zemel, teaches aqueous compositions for pets, (see the abstract - “pet drinks”; Paragraph 76, 159, 161, 162, 194), where the composition can comprise enzymes such as coenzyme Q10 as an antioxidant for neutralizing free radicals (see paragraph 124).
To thus modify the combination and to further include an enzyme such as coenzyme Q10 would have been obvious to one having ordinary skill in the art, for the similar purpose of promoting an animal’s health by also neutralizing free radicals.
Regarding claim 11, it is noted that Woodward teaches aqueous compositions comprising various functional ingredients, but claim 11 differs in specifically reciting that the nutraceutical compound comprises the probiotic and the probiotic comprises enterococcus faecium, lactobacillus acidophilus, lactobacillus casei, lactobacillus plantarum, bifidobacterium bifidum, bifidobacterium animalis, or combinations thereof.
However, Zemel, as discussed above, teaches aqueous compositions for pets, (see the abstract - “pet drinks” Paragraph 76, 159, 161, 162, 194), where the composition can comprise probiotics such as lactobacillus casei (see paragraph 179) for providing a healthy maintenance of intestinal microflora (see paragraph 178).
To thus modify the combination and to further include probiotics as taught by Zemel would have been obvious to one having ordinary skill in the art, for the purpose of providing healthy maintenance of intestinal microflora.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the combination, as applied to claim 4 above, which relies on Nero (US 20180103610) as the primary reference, and in further view of Zemel (US 20160073659).
Further regarding claim 7, for expediting prosecution, the claim has also been construed to require the second active component comprising the recited nutraceutical compound as recited and has been addressed below.
Regarding claim 7, Nero teach aqueous compositions comprising various functional ingredients, but claim 7 differs from the combinations in specifically reciting that the nutraceutical compound comprises the herbal compound and the herbal compound comprises aloe vera, calendula flowers, ginger, goldenseal, milk thistle, valerian, chamomile, California poppy or combinations thereof.
However, Zemel teaches drinks for pets (abstract - “pet drinks”; Paragraph 76 - “drink”), which can include ginger for controlling stool odor (paragraph 20 paragraphs 159, 161, 162, 194).
To thus modify the combination and to include ginger in the aqueous composition would have been obvious to one having ordinary skill in the art for this same purpose.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the combination as applied to claim 4 above, which relies on Nero (US 20180103610) as the primary reference, and in further view of Zemel (US 20160073659) and Abraham (WO 2016079640).
Further regarding claim 8, for expediting prosecution, the claim has also been construed to require the second active component comprising the recited nutraceutical compound as recited and has been addressed below.
Regarding claim 8, the claim differs in specifically reciting that the nutraceutical compound comprises the amino acid compound and the amino acid compound comprises an amino acid, a derivative, intermediate, prodrug or combination thereof.
However, Zemel teaches drinks for animals (abstract, - “pet drinks”; paragraph 76, 194) that can comprise amino acids (see paragraph 72) which can stimulate protein synthesis, provide an antiproteolytic effect (paragraph 72). Abraham also teaches including amino acids in the aqueous composition (see page 19, 3rd full paragraph - “readily absorbed nutrients (glucose, amino acids…”).
To thus modify the combination and to include amino acids as taught by Zemel and Abraham would have been obvious to one having ordinary skill in the art, for the purpose of providing the added health benefits that have been known to be associated with including amino acids into aqueous pet compositions.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the combination, as applied to claim 4 above, which relies on Nero (US 20180103610) as the primary reference, and in further view of Woodward (US 20140127352), Zemel (US 20160073659), Revucky (US 20170239179) and Kidd (“Fatty Acids for Pet Skin and Haircoat Health”).
Further regarding claim 9, for expediting prosecution, the claim has also been construed to require the second active component comprising the recited nutraceutical compound as recited and has been addressed below.
Regarding claim 9, the claim differs from the combination in specifically reciting that the nutraceutical compound comprises the fatty acid and the fatty acid comprises omega-3 fatty acid.
It is noted that Woodward aqueous compositions for domestic animals, as already discussed in the rejections above, and where the aqueous composition can comprise fatty acids (see paragraph 16) as a functional ingredient, thus teaching that it has been desirable to include fatty acids as functional ingredients in aqueous compositions for domestic animals (paragraph 14).
Zemel teaches drinks for animals (paragraph 120) which can comprise omaga-3 fatty acids (paragraph 120). Revucky teaches including omega-3 fatty acids into a water composition for pets (see paragraph 9) where such fatty acids can provide added health benefits to the pet (see paragraph 12). Kidd further evidences that omega-3 fatty acids can be advantageous for preventing inflammation, improving skin and haircoat and aid in preventing obesity to name a few.
As the combination already teaches including fatty acids in the aqueous composition, to modify the combination and to include omega-3 fatty acids would thus have been obvious to one having ordinary skill in the art, for the purpose of providing the added health benefits associated with omega-3 fatty acids.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over the combination, as applied to claim 1 above, which relies on Nero (US 20180103610) as the primary reference, and in further view of Alexander (US 20090199776) or Revucky (US 20170239179).
Regarding claim 14, the combination teaches an aqueous composition that comprises water sealed within a container.
Claim 14 differs in specifically reciting, “wherein the aqueous composition comprises water derived from an underground formation of the earth.”
It is initially noted that it is not seen that patentability can be predicated on the particular source of water, especially when the prior art already teaches a drinking composition that contains water. Nonetheless, Alexander teaches a sealed drinking container comprising spring water (see paragraph 35) and where the fluid, such as spring water can be varied to accommodate consumer and animal interests (see paragraph 35). Revucky further teaches water compositions for pets that can use any type of water known in the art, including spring water (see paragraph 7). Paragraph 41 of Applicant’s specification as filed indicates that spring water is one example of water derived from and underground formation of the earth. To thus modify the combination and to use spring water would have been obvious to one having ordinary skill in the art, for the purpose of accommodating a consumer and animal’s interests.
Claims 15 and 17 is rejected under 35 U.S.C. 103 as being unpatentable over the combination, as applied to claim 1 above, which relies on Nero (US 20180103610) as the primary reference, and in further view of Nissenbaum (US 20160257098) and Tirkkonen-Rajasalo (US 20200001497).
Further regarding claims 15 and 17, it is noted that the combination as applied to claim 1 teaches using polymeric materials such as polylactic acid (see Isshiki). Isshiki further teaches that there can be natural fibers (see paragraph 59). It is also noted that claim 17 only further limits the particular lignocellulosic material but does not positively recite that the biodegradable material is lignocellulosic material.
Nonetheless, claim 17 differs in specifically reciting that the biodegradable material comprises a lignocellulosic material which is formed from wheat straw, bamboo, husks, sugar cane, bulrush or combinations thereof.
However, it is noted that Nissenbaum also teaches polymeric biodegradable materials including polylactic acid (see at least, the abstract), which are useful to make containers such as beverage containers (paragraph 267) and where the materials can provide a water vapor transmission rate of 1g/m2/day (see paragraph 117). Nissenbaum further teaches the use of organic fibers for providing strength and toughness to the biodegradable material (see paragraph 169 and 234). While not specific as to the specifically claimed lignocellulosic material, Tirkkonen-Rajasalo further teaches fibers for biodegradable packaging materials such as polylactic acid (see paragraph 50, 51) used for making beverage containers (see paragraph 19) and where the water vapor permeability can be less than 10g/m2/day (see page 6, Table 2, samples 1 and 2). Tirkkonen-Rajasalo further teaches that lignocellulosic fibers of straw or bamboo (paragraph 40) for example, can be used for providing mechanical benefits and improving molding of the material into a container (see paragraph 8, last sentence). Tirkkonen-Rajasalo further teaches overlapping lignocellulosic materials as those suggested by Nissenbaum, such as hemp. Isshiki also teaches the use of natural fibers, and pulp fibers as part of the biodegradable material (see paragraph 59).
As Nero is not particular as to the materials of construction, and as the prior art teaches the desirability of using biodegradable materials for drinking containers and containers containing liquids, to thus modify the combination in view of the teachings of NIssenbaum and Tirkkonen-Rajasalo and to also include additional biodegradable materials such as lignocellulosic materials such as bamboo would have been obvious to one having ordinary skill in the art, for the purpose of providing the requisite properties to the container while maintaining the container’s biodegradability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Alsayar (US 20210196629) teaches aqueous compositions used for animals (see the abstract, paragraph 1, “beverages, human or pet edibles” and paragraph 79, 136) and where the aqueous composition can comprise cannabidiol (paragraph 58, 66) such as at 10 mg/mL (see paragraph 62). Alsayar also teaches in the provisional Application 62725142, filed August 30, 2018 that the composition such as a beverage (see paragraph 10-11 - where the edible product can be a drink) and can have a CBD content of, for example up to 15mg/mL (see paragraph 122) and can be used for domestic animals (see paragraph 31).
Rabideau (US 20150059652 cited on IDS) teaches a container (see figure 1A, 2A, 5A, 7B) for storing an aqueous composition for a domestic animal, comprising: a shell having a base (see figure 1A, item 106) and a wall extending distally from the base (figure 1A, item 120) to a lip (figure 1A, item 116), the shell defining a chamber (110) between the base and the lip; a lid (figure 1A, item 404,406) comprising a surface and the lid is configured to cooperate with a lip (see figure 7B, at item 116 - which engages the lip) for removably coupling the lid and the shell, the lid comprising an extension (figure 1A, 7B, item 410,412) extending laterally relative to the surface; and an aqueous composition disposed within the chamber (see paragraph 17 - “storing… water in a covered receptacle”). Rabideau teaches that this the extension is useful for receiving the base for stabilizing the shell (see figure 1A, 7B where the lid is secured to the base; abstract: “provide a non-skid, high friction connection”) during use by the domestic animal.
Chen (US 20130175269 cited on IDS) also teaches the engagement mechanisms between a lid and a base that can provide a leakproof seal between the container and lid, and where the container can be used for holding liquid foods (see paragraph 5). That is, at figure 4, item 12 and 13 and below item 13, Chen teaches a shell having a base and a wall extending from the base to a lip 12, where the lip defines a shell flange extending parallel to the shelf (see figure 4, item 13); the lip extends transverse and outward relative to the wall to an outer edge (12) and the container also comprises a lid (20) comprising a lid flange (22, 23) extending parallel to a surface of the lid and where the lid flange is configured to engage the shell flange for providing a leak proof seal (see paragraph 5; figure 5).
“HIPH American Premium Water” discloses CBD-infused water specifically designed for consumption by household pets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIREN THAKUR whose telephone number is (571)272-6694. The examiner can normally be reached M-F: 10:30-7:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached on 571-270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIREN A THAKUR/Primary Examiner, Art Unit 1792
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