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 .
Response to Amendment
The response filed on July 28th, 2026 is acknowledged. Two pages of amended specification, and four pages of amended claims were received on 7/28/2026. The specification has been amended such that the drawings are no longer objected to. Claims 1, 9-11, 13, and 15-16 have been amended. Claim 13 is objected to and Claims 1-20 are rejected under 35 U.S.C. 103 as noted below.
Claim Objections
Claim 13 is objected to because of the following informalities:
In Claim 13 Line 3, “further comprising” should be revised to “the drinking cooler further comprising” to ensure clarity in the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over NPL Document “Elkay Enhanced Bottle Filler With Quick Filter Change Wrapper” (the video date August 18th 2023 can be found at link <https://www.youtube.com/watch?v=ccjC_UEPKd0> as listed in the PTO-892 reference form provided by the Examiner. See Timestamps 0:03 to 0:12 in the video related to the NPL document) to Elkay USA (“Elkay) in view of US PGPUB 2019/0226385 A1 to Thibedeau et al. (“Thibedeau”).
As to Claim 1, Elkay discloses a drinking cooler (See Annotated Fig. A) comprising:
a frame including a forward end and a rear end (See Annotated Fig. A), the rear end configured to be coupled to a support structure (See the support structure in Annotated Fig. A that is a wall);
a wrapper (See Annotated Fig. A) supported on the frame and enclosing an interior portion of the drinking cooler (See the area including the filter in Annotated Fig. A);
a first feature disposed on one of the wrapper and the frame (See Annotated Fig. A, the frame has some feature at a bottom of the frame near the support structure); and
a second feature disposed on another of the wrapper and the frame (See Annotated Fig. A, the wrapper has some feature at a bottom of the wrapper near the support structure), the second feature engaging the first feature to support the wrapper for pivoting movement away from the rear end of the frame (See Timestamps 0:03 to 0:12 and See Annotated Fig. A, the first feature on the frame and second feature on the wrapper cooperate to allow the wrapper to pivot away from the rear end of the frame).
Regarding Claim 1, in reference to the drinking cooler of Elkay as applied to Claim 1 above, Elkay does not specifically disclose wherein the second feature engages the first feature to support the wrapper for both translational movement away from the rear end of the frame and pivoting movement away from the rear end of the frame (See Annotated Fig. A, the wrapper pivots away from the frame but does not translate away from the frame).
However, Thibedeau discloses an apparatus (See Fig. 1) comprising:
a frame (#102) including a forward end (See a right side of the bracket in Annotated Fig. 13) and a rear end (See a left side of the bracket in Annotated Fig. 13);
a wrapper (#104) supported on the frame and enclosing an interior portion of the apparatus (See Figs. 1-3),
a first feature disposed on the frame (See multiple slots #170); and
a second feature disposed on the wrapper (See multiple protrusions #138), the second feature engaging the first feature to support the wrapper for both translational movement away from the rear end of the frame (See Annotated Fig. 13, the protrusion #138 translates away from the rear end of the frame along H1 and H2) and pivoting movement away from the rear end of the frame (See Figs. 1-2 and 6 and See Paragraph 0029 and Paragraph 0035).
It is noted that while Thibedeau is not in the same field of endeavor of drinking coolers, Thibedeau addresses problems that are reasonably pertinent to applicant’s claimed invention, specifically providing a removable shroud to seal an area and to be hinged open relative to a fixed support frame (See Thibedeau Paragraph 0042 and See Paragraph 0003 of Applicant’s Specification).
Therefore, 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 drinking cooler of Elkay as applied to Claim 1 above such that the drinking cooler of Elkay comprises the first features that are slots of Thibedeau provided on the frame of Elkay and the second features that are protruding members of Thibedeau provided on the wrapper of Elkay such that the second feature engages the first feature to support the wrapper for both translational movement away from the rear end of the frame and pivoting movement away from the rear end of the frame, since doing so would utilize substitution of known components to yield the predictable result of allowing hinged and sealable access to components within the drinking cooler while protecting components in the drinking cooler as needed (See Thibedeau Paragraphs 0019-0020 and 0042).
Regarding Claim 2, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 1 above, Thibedeau further discloses wherein the first feature is a slot (See Paragraph 0033) and the second feature is a protruding member positioned within the slot (See Fig. 6 and Paragraph 0034), movement of the protruding member relative to the slot causing the wrapper to pivot relative to the frame (See Paragraph 0035).
As to Claim 3, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 2 above, Thibedeau further discloses wherein the slot includes an open portion, and wherein the protruding member can be removed from the slot through the open portion (See Annotated Fig. 13 and See Paragraph 0036).
As to Claim 4, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 3 above, Thibedeau further discloses wherein the slot includes a ramp portion that prevents inadvertent removal of the protruding member from the slot (See #182 in Fig. 13 and See Paragraph 0036).
As to Claim 5, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 2 above, Thibedeau further discloses wherein the slot includes a first horizontal portion (See H1 in Annotated Fig. 13, which has a horizontal directional component) and a second horizontal portion vertically offset from the first horizontal portion (See H2 in Annotated Fig. 13, which is vertically lower than H1), and wherein the protruding member rests in the second horizontal portion when the wrapper is in a closed position on the frame (See Annotated Fig. 13 and Paragraphs 0035-0036).
As to Claim 6, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 2 above, Thibedeau further discloses wherein the slot includes a vertical portion connecting the first horizontal portion and the second horizontal portion (See VP in Annotated Fig. 13).
As to Claim 7, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 2 above, Thibedeau further discloses wherein the protruding member is attached to the one of the wrapper and the frame at a first end of the protruding member (See Annotated Fig. 13, the protruding member is attached to the frame at a first end), and wherein the protruding member includes an enlarged portion at a second end of the protruding member (See Annotated Fig. 1).
As to Claim 8, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 1 above, Elkay further discloses wherein the wrapper includes an angled edge at a lower end of the wrapper (See Annotated Fig. A, the wrapper includes a bottom edge on a lower portion of the wrapper, which is angled relative to a side edge of the wrapper).
As to Claim 9, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 8 above, Elkay as modified by Thibedeau further discloses wherein the support structure is a wall (See Elkay Annotated Fig. A), and wherein the angled edge is configured to partially support the wrapper against the wall when the wrapper is in an open position (See Annotated Fig. A, the angled edge rests against the support structure in an open position).
As to Claim 10, Elkay discloses a drinking cooler (See Annotated Fig. A) comprising:
a frame including a forward end and a rear end (See Annotated Fig. A), the rear end configured to be coupled to a support structure (See the support structure in Annotated Fig. A that is a wall);
a wrapper (See Annotated Fig. A) supported on the frame and enclosing an interior portion of the drinking cooler (See the area including the filter in Annotated Fig. A).
Regarding Claim 10, in reference to the drinking cooler of Elkay as applied to Claim 10 above, Elkay does not disclose the drinking cooler comprising:
a protrusion disposed on one of the wrapper and the frame; and
a slot disposed on another of the wrapper and the frame, the slot engaging the protrusion to support the wrapper for both translational movement relative to the frame and pivoting movement relative to the frame, the protrusion movable within the slot and movable in a pivoting manner to pivot an upper end of the wrapper away from the rear end of the frame (See Annotated Fig. A, the wrapper pivots away from the frame but does not translate away from the frame. Specific features coupling the wrapper to the frame are not shown).
However, Thibedeau discloses an apparatus (See Fig. 1) comprising:
a frame (#102) including a forward end (See a right side of the bracket in Annotated Fig. 13) and a rear end (See a left side of the bracket in Annotated Fig. 13);
a wrapper (#104) supported on the frame and enclosing an interior portion of the apparatus (See Figs. 1-3);
a protrusion (See multiple protrusions #138) disposed on the wrapper (See Fig. 13); and
a slot (See multiple slots #170) disposed on the frame (See Fig. 13), the slot engaging the protrusion to support the wrapper for movement relative to the frame (See Paragraph 0035), the protrusion movable within the slot in a lateral manner away from the rear end of the frame and movable within the slot in a pivoting manner to pivot an upper end of the wrapper away from the rear end of the frame (See Paragraphs 0029 and 0035-0037 and See Annotated Fig. 1 and Annotated Fig. 13. The protrusion #138 can move in a lateral manner along H1 and H2 and can pivot an upper end of the wrapper away from the rear end of the frame when installed in H2).
It is noted that while Thibedeau is not in the same field of endeavor of drinking coolers, Thibedeau addresses problems that are reasonably pertinent to applicant’s claimed invention, specifically providing a removable shroud to seal an area and to be hinged open relative to a fixed support frame (See Thibedeau Paragraph 0042 and See Paragraph 0003 of Applicant’s Specification).
Therefore, 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 drinking cooler of Elkay as applied to Claim 10 above such that the drinking cooler of Elkay comprises the protrusions of Thibedeau provided on the wrapper of Elkay and the slots of Thibedeau provided on the frame of Elkay, such that the slot engages the protrusion to support the wrapper for both translational movement relative to the frame and pivoting movement relative to the frame, with the protrusion being movable within the slot and movable in a pivoting manner to pivot an upper end of the wrapper away from the rear end of the frame, since doing so would utilize substitution of known components to yield the predictable result of allowing hinged and sealable access to components within the drinking cooler while protecting components in the drinking cooler as needed (See Thibedeau Paragraphs 0019-0020 and 0042).
As to Claim 11, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 10 above, Thibedeau further discloses wherein the frame includes a bracket (See #150 in Fig. 1), and wherein the wrapper includes a lower end and the upper end is distal from the lower end (See Annotated Fig. 1), the protrusion positioned adjacent the lower end (See Annotated Fig. 1), wherein the upper end of the wrapper is releasably secured to the bracket while the wrapper is in a closed position (See Paragraph 0035).
As to Claim 12, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 11 above, Thibedeau further discloses wherein the bracket includes a hole and the wrapper includes a hole (See Annotated Fig. 1), and wherein a fastener extends through the hole of the bracket and the hole of the wrapper to couple the upper end of the wrapper to the bracket (See Annotated Fig. 1 and Paragraph 0035).
As to Claim 13, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 10 above, Thibedeau further discloses wherein the protrusion is a first protrusion positioned on a first side of the wrapper (See Annotated Fig. 1) and the slot is a first slot positioned on a first side of the frame (See Annotated Fig. 1), further comprising a second protrusion positioned on a second side of the wrapper opposite the first side of the wrapper (See Annotated Fig. 1), and a second slot positioned on a second side of the frame opposite the first side of the frame (See Annotated Fig. 1).
As to Claim 14, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 10 above, Thibedeau further discloses wherein the slot includes an open end through which the protrusion can be removed from the slot (See the open portion in Annotated Fig. 13 and See Paragraph 0036), wherein the slot includes a horizontal portion (See H1 in Annotated Fig. 13, which has a horizontal directional component) and an inclined portion (See VP in Annotated Fig. 13, which has portions that are inclined at an angle relative to H1 and H2).
As to Claim 15, Elkay discloses a drinking cooler (See Annotated Fig. A) comprising:
a frame including a forward end and a rear end (See Annotated Fig. A), the rear end configured to be coupled to a support structure (See the support structure in Annotated Fig. A that is a wall), the frame positioned below a liquid dispenser (See Annotated Fig. A);
a wrapper (See Annotated Fig. A) supported on the frame and enclosing an interior portion of the drinking cooler (See the area including the filter in Annotated Fig. A).
Regarding Claim 15, in reference to the drinking cooler of Elkay as applied to Claim 15 above, Elkay does not disclose the drinking cooler comprising:
a protruding member coupled to the wrapper; and
a bracket coupled to the frame, the bracket including a slot for receiving the protruding member, the protruding member engaging the slot to support the wrapper for both translational movement away from the rear end of the frame and pivoting movement away from the rear end of the frame (See Annotated Fig. A, the wrapper pivots away from the frame but does not translate away from the frame. Specific features coupling the wrapper to the frame are not shown).
However, Thibedeau discloses an apparatus (See Fig. 1) comprising:
a frame (#102) including a forward end (See a right side of the bracket in Annotated Fig. 13) and a rear end (See a left side of the bracket in Annotated Fig. 13);
a wrapper (#104) supported on the frame and enclosing an interior portion of the apparatus (See Figs. 1-3);
a protruding member (See multiple protrusions #138) coupled to the wrapper (See Fig. 13); and
a bracket (#150) coupled to the frame (See Annotated Fig. 1), the bracket including a slot (See multiple slots #170) for receiving the protruding member (See Fig. 13), the protruding member engaging the slot to support the wrapper for both translation movement away from the rear end of the frame and pivoting movement away from the rear end of the frame (See Paragraphs 0029 and 0035-0037 and See Annotated Fig. 1 and Annotated Fig. 13. The protrusion #138 can move in a lateral manner along H1 and H2 and can pivot an upper end of the wrapper away from the rear end of the frame when installed in H2).
It is noted that while Thibedeau is not in the same field of endeavor of drinking coolers, Thibedeau addresses problems that are reasonably pertinent to applicant’s claimed invention, specifically providing a removable shroud to seal an area and to be hinged open relative to a fixed support frame (See Thibedeau Paragraph 0042 and See Paragraph 0003 of Applicant’s Specification).
Therefore, 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 drinking cooler of Elkay as applied to Claim 15 above such that the drinking cooler of Elkay comprises the protruding members of Thibedeau coupled to the wrapper of Elkay and the bracket of Thibedeau coupled to the frame of Elkay, the bracket including the slots of Thibedeau, such that the protruding member engages the slot to support the wrapper for both translational movement away from the rear end of the frame and pivoting movement away from the rear end of the frame, since doing so would utilize substitution of known components to yield the predictable result of allowing hinged and sealable access to components within the drinking cooler while protecting components in the drinking cooler as needed (See Thibedeau Paragraphs 0019-0020 and 0042).
Regarding Claim 16, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 15 above, Thibedeau does not specifically disclose wherein the bracket includes an aperture, and wherein the bracket is coupled to the frame by a fastener extending through the aperture (See Paragraph 0031 disclosing joining pieces by welding, but the bracket being coupled to the frame by a fastener through an aperture is not specifically disclosed).
However, Thibodeau does discloses wherein a component includes an aperture and wherein the component is coupled to a another component by a fastener extending through the aperture (See Paragraph 0031 disclosing #152 having aperture #156 that are mounting holes for securing #102 to an enclosure).
Therefore, 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 drinking cooler of Elkay in view of Thibedeau as applied to Claim 15 above such that the bracket includes an aperture and the bracket is coupled to the frame by a fastener extending through the aperture, since doing so would utilize a known alternative attachment technique taught by Thibodeau to yield the predictable result of securing the bracket together with the frame (See Thibodeau Paragraph 0031).
As to Claim 17, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 15 above, Thibedeau further discloses wherein the slot includes an open portion (See Annotated Fig. 13), and wherein the protruding member can be removed from the slot through the open portion (See Paragraph 0036).
As to Claim 18, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 17 above, Thibedeau further discloses wherein the slot includes a ramp portion that prevents inadvertent removal of the protruding member from the slot (See #182 in Fig. 13 and See Paragraph 0036).
As to Claim 19, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 15 above, Thibedeau further discloses wherein the slot includes a first horizontal portion (See H1 in Annotated Fig. 13, which has a horizontal directional component) and a second horizontal portion vertically offset from the first horizontal portion (See H2 in Annotated Fig. 13), and wherein the protruding member rests in the second horizontal portion when the wrapper is in a closed position on the frame (See Annotated Fig. 13 and Paragraphs 0035-0036).
As to Claim 20, in reference to the drinking cooler of Elkay in view of Thibedeau as applied to Claim 15 above, Thibedeau further discloses wherein the protruding member includes an enlarged portion at an end of the protruding member spaced apart from the wrapper (See Annotated Fig. 1, a top surface on a top portion of #138 is enlarged related to a shaft of #138, and the surface is spaced away from a surface of #130 by some distance that is a thickness of a top portion of #138).
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Response to Arguments
Applicant's arguments filed 7/28/2026 have been fully considered but they are not persuasive. Regarding independent Claims 1, 10, and 15, which are now rejected under 35 U.S.C. 103 as being unpatentable over Elkay in view of Thibedeau, applicant argues that Thibedeau does not disclose the slot engaging the protrusion to support the wrapper for both translational movement relative to the frame and pivoting movement relative to the frame, the protrusion movable within the slot in a lateral manner away from the rear end of the frame and movable within the slot in a pivoting manner to pivot an upper end of the wrapper away from the rear end of the frame.
These arguments are not found persuasive. In accordance with MPEP 2111.01, during examination the claims must be interpreted as broadly as their terms reasonably allow. In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969). As shown in Annotated Fig. 1 and Annotated Fig. 13 of Thibedeau, the protrusion #138 can move in a lateral manner along H1 and H2 and can pivot an upper end of the wrapper away from the rear end of the frame when installed in H2. When the protrusion is moved in the slot, it moves with both lateral and longitudinal components along H2, VP, and H1. Therefore, the slot and protrusion of Thibedeau read on a broadest reasonable interpretation of the functional limitation of allowing for both translational movement relative to the frame and pivoting movement relative to the frame, with protrusion movable within the slot in a lateral manner away from the rear end of the frame and movable within the slot in a pivoting manner to pivot an upper end of the wrapper away from the rear end of the frame, and the above rejections of Claims 1-20 under 35 U.S.C. 103 are proper.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN E SCHWARTZ whose telephone number is (571)272-1770. The examiner can normally be reached Monday - Friday 9:00AM - 5:00PM MST.
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/KEVIN EDWARD SCHWARTZ/Examiner, Art Unit 3752 August 24, 2026
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