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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-8) in the reply filed on 12/19/2025 is acknowledged.
Claims 9-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/2025.
Claim Rejections - 35 USC § 102
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 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Resic (US 10,433,632).
1: Resic teaches an apparatus (apparatus shown in Figure 3) comprising: an outer container (container 11 to hold an unclaimed first liquid) to hold a first liquid; an inner container (inner container 31, fitting within 11 and capable of holding an unclaimed second liquid) sized to fit within the outer container and to hold a second liquid, the inner container comprising an open end (open end at the top of 31, Figure 8), an outer rim around the open end (see Figure 8 below), and an inner ridge surface (see Figure 8 below);
a lid (lid 12) to hold the inner container in a suspended position within the outer container (within container 11) and seal the outer container (12 is capable of sealing container 11, see Figure 4), wherein the lid comprises a deformable top surface (surface at 43), and a ridge groove (ridge groove, see Figure 8 below), the ridge groove being sized to accommodate the outer rim of the inner container to hold the inner container in the suspended position (see Figure 8 below); and
a force distribution member (member 14) to operatively rest on the inner ridge surface of the inner container and below the deformable top surface of the lid (see Figure 8 below), wherein the force distribution member is to transfer a force applied to the deformable top surface of the lid to the inner container to release the inner container from the suspended position within the outer container by disengaging the outer rim from the ridge groove of the lid (see the inner container going from an engaged position in Figure 6 to a disengagement in Figure 8).
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3: Resic teaches the claimed invention as discussed above for Claim 1 and Resic further teaches that the outer container comprises a threaded neck (outer container has a threaded check at 37, see Figure 3).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Resic (US 10,433,632) in view of Macy (US 2016/0052686).
2: Resic teaches the claimed invention as discussed above for Claim 1 except that the outer container is transparent.
Macy teaches Macy teaches that a beverage container can be transparent or opaque (paragraph 0014).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Resic such that the teaching of an outer container being transparent is applied in order to permit a visual inspection of content contained within.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Resic (US 10,433,632) in view of Albaum (US 9,637,272).
4: Resic teaches the claimed invention as discussed above for Claim 1 except that the inner container comprises a conical base.
Albaum teaches an interior container (30) having a conical base (34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Resic such that the teaching of an inner container having a base in a conical shape since a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Allowable Subject Matter
Claims 5-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272 - 4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/King M Chu/Primary Examiner, Art Unit 3735