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 .
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 10 and 11 are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by Elmasri (US 2017/0050782).
Regarding claims 1-3 and 6- 8, Elmasri discloses an interactive can comprising, fig. 1:
a can top surface at 103 with a plurality of selectable symbols or icons in the form of text at 106 and 109 (see also fig. 2), the text/letters/numbers/symbols formed by printing or engraving (etching), [0014]; and
a rotatable tab 112 comprising an indicator 115 for pointing to (indicating) at least one of the markings.
Regarding claims 4 and 5, Elmasri discloses that the ring portion of the tab serves as the indicator, the ring portion frames at least one of the markings, fig. 1.
Regarding claims 10 and 11, Elmasri further discloses a method of using an interactive can to display a message, the method comprising: rotating a tab comprising an indicator to a position in which the indicator is directed to at least one of a plurality of markings on a surface of the can top; and displaying the indicated marking to another person and rotating the tab to another position to indicate a different marking; and displaying the indicated different marking [0013-0014].
Claim(s) 1-4 and 6-11 are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by Rose (US 5492077).
Regarding claims 1-4, Rose discloses an interactive can comprising:
a can top surface, fig. 1-3 with a plurality of selectable markings 9 including symbols, icons, or text; and a rotatable tab 2 comprising an indicator 11 (or a point 16) on the ring portion of the tab, fig. 3, serving as an indicator for indicating at least one of the markings.
Regarding claim 6, Rose discloses that the indicator points to at least one of the markings, fig. 3.
Regarding claims 7-9, Rose discloses that the markings are etched, printed, or stamped on the can top surface, col. 2:30-35.
Regarding claims 10 and 11, Rose discloses a method of using an interactive can to display a message, the method comprising: rotating a tab comprising an indicator to a position in which the indicator is directed to at least one of a plurality of markings on a surface of the can top, col. 2: 7-12; and displaying the indicated marking to another person, col. 1: 10-21 (so another person does not pick up the wrong person’s drink). Each person can move the tab to any of the positions past other positions of indicia, col. 2: 25-30.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLIE L IMPINK whose telephone number is (571)270-1705. The examiner can normally be reached Monday-Friday (7:30-3:30).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799
/MOLLIE IMPINK/Primary Examiner, Art Unit 3799