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 .
Election/Restrictions
Applicant’s election without traverse of Species 4, directed Figures 8A-8B in the reply filed on 12/19/2025 is acknowledged.
Claims 3-4, 7, 12-14, and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/2025.
Additionally Claims 10 and 20 are further withdrawn since the subject matter claimed are directed to Figures 1, 4, and 9, which shows a cuff.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strickland (US 4,282,279).
1: Strickland teaches an insulated beverage glass wrap (wrap 20 capable of insulating an unclaimed beverage glass), comprising: a body (body generally indicated between 28 and 32, Figure 1) comprised of a sheet of an insulating material (nylon materials and insulation layer 46 which are capable of providing insulation, col. 6, ll. 1-22) and including a first side (first side 24 facing 22) and a second side (second side 24 on the opposing side, Figure 2); the body having a first end (first end at 28) and a second end (second end at 30) that is opposite the first end in an elongated direction of the body (along the length direction of the body, Figure 1); a top edge along a top of the body (see Figure 1 below) from the first end to the second end; a bottom edge along a bottom of the body from the first end to the second end (see Figure 1 below); a first closure structure (first closure structure 34, adjacent 28) positioned on the body adjacent the first end; a second closure structure positioned on the body adjacent the second end (second closure structure 32, adjacent 30) and that is configured to engage the first closure structure (34 is capable of engaging 32); and wherein the body is configured to be wrapped around a beverage glass (capable of wrapping around an unclaimed beverage container 22) such that the first side is against an external surface (24 facing 22) of the beverage glass and the first end and the second end meet such that the second closure structure is engaged (see engaged position in Figure ) with the first closure structure to thereby retain the unclaimed insulated beverage glass wrap on the beverage glass (see Figure 2).
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Claim(s) 1-2 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cook et al. (Cook US 8,870,018).
1: Cook teaches an insulated beverage glass wrap (wrap 10 capable of insulating an unclaimed beverage glass), comprising: a body (body of 10, shown between 22 and 24) comprised of a sheet of an insulating material (plastic, foam, paper, or any other material, col. 2, ll. 5-11) and including a first side (22, Figure 2) and a second side (24, Figure 2); the body having a first end and a second end that is opposite the first end in an elongated direction of the body (the ends 22 and 24 are opposing ends of 10); a top edge (top edge 18) along a top of the body from the first end to the second end (see Figure 2); a bottom edge (bottom edge along 20) along a bottom of the body from the first end to the second end (see Figure 2); a first closure structure positioned on the body adjacent the first end (structure 28, adjacent 22); a second closure structure positioned on the body adjacent the second end (28’ positioned proximate 24) and that is configured to engage the first closure structure (28’ to be engaged with 28); and wherein the body is configured to be wrapped around a beverage glass such that the first side is against an external surface of the beverage glass (wrapped around an unclaimed beverage container 12) and the first end and the second end meet such that the second closure structure is engaged with the first closure structure to thereby retain the insulated beverage glass wrap on the beverage glass (see 10 retained upon unclaimed container 12).
2: Cook teaches the claimed invention as discussed above for Claim 1 and Cook further teaches that the body is rounded where the top edge transitions to the first end and the second end such that when the insulated beverage glass wrap is wrapped around the beverage glass there is a downward deviation along the top edge where the first end and second end meet to provide a drinking location (Cook teaches that the edges where the top and bottom edges are rounded at a transition angle of greater than 90 degrees to the side edges (Figure 5) and creates a downward deviation (generally "V" shaped portion at 35) to permit accommodation of glasses of different sizes or the location of the sleeve).
6: Cook teaches the claimed invention as discussed above for Claim 1 and Cook further teaches that the bottom edge has a shorter length from the first end to the second end than the top edge (see Figure 2 where bottom edge 20 has a shorter length from 22 to 24 than the top edge 18).
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 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strickland (US 4,282,279) in view of Cook et al. (Cook US 8,870,018).
2: Strickland teaches the claimed invention as discussed above for Claim 1 except that the body is rounded where the top edge transitions to the first end and the second end such that when the insulated beverage glass wrap is wrapped around the beverage glass there is a downward deviation along the top edge where the first end and second end meet to provide a drinking location.
Cook teaches that the edges where the top and bottom edges are rounded at a transition angle of greater than 90 degrees to the side edges (Figure 5) and creates a downward deviation (generally "V" shaped portion at 35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Strickland such that the teaching of the edges where the top and bottom edges are rounded at a transition angle of greater than 90 degrees to the side edges were applied in order to provide a downward deviation at a rounded transition area in order to permit accommodation of glasses of different sizes or location of the sleeve.
11: Strickland teaches an insulated beverage glass wrap (wrap 20 capable of insulating an unclaimed beverage glass), comprising: a body (body generally indicated between 28 and 32, Figure 1) comprised of a sheet of an insulating, moisture impermeable material and (nylon materials and insulation layer 46 which are capable of providing insulation, col. 6, ll. 1-22) including a fabric sheath (sheath 20) around the insulating, moisture impermeable material (20 around 46), and having a first side (first side 24 facing 22) and a second side (second side 24 on the opposing side, Figure 2); the body having a first end (first end at 28) and a second end (second end at 30) that is opposite the first end in an elongated direction of the body (along the length direction of the body, Figure 1); a top edge along a top of the body (see Figure 1 below) from the first end to the second end; a bottom edge along a bottom of the body from the first end to the second end (see Figure 1 below); a first closure structure (first closure structure 34, adjacent 28) positioned on the body adjacent the first end; a second closure structure positioned on the body adjacent the second end (second closure structure 32, adjacent 30) and that is configured to engage the first closure structure (34 is capable of engaging 32); and wherein the body is configured to be wrapped around a beverage glass (capable of wrapping around an unclaimed beverage container 22) such that the first side is against an external surface (24 facing 22) of the beverage glass and the first end and the second end meet such that the second closure structure is engaged (see engaged position in Figure ) with the first closure structure to thereby retain the unclaimed insulated beverage glass wrap on the beverage glass (see Figure 2) except wherein the body is rounded where the top edge transitions to the first end, and the body is rounded where the top edge transitions to the second end; wherein a "V" shaped notch is formed by the body at an overlap of the first end and the second end to form a drinking location between a top rim of the beverage glass and the body.
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Cook teaches that the edges where the top and bottom edges are rounded at a transition angle of greater than 90 degrees to the side edges (Figure 5) and creates a downward deviation (generally "V" shaped portion at 35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Strickland such that the teaching of the edges where the top and bottom edges are rounded at a transition angle of greater than 90 degrees to the side edges were applied in order to provide a downward deviation at a rounded transition area in order to permit accommodation of glasses of different sizes or location of the sleeve.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strickland (US 4,282,279) in view Rollett (US 2022/0248884).
5: Strickland teaches the claimed invention as discussed above for Claim 1 except the first closure structure a plurality of buttons disposed on the second side of the body, and the second closure structure is a loop, and wherein each button of the plurality of buttons is positioned at different positions along the body.
Rollett teaches a sleeve 100 having a closure with a loop at one side of 100, Figure 5 and a plurality of buttons 510, located at different positions along the body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Strickland such that the teaching of the first closure structure a plurality of buttons disposed on the second side of the body, and the second closure structure is a loop, and wherein each button of the plurality of buttons is positioned at different positions along the body were applied as an alternate means of securing the sleeve to a container, according to the size of an unclaimed container since fasteners such as Velcro, button and loop, adhesives were art-recognized equivalent structures for fastening means in the art and one of ordinary skill in the art would have found it obvious to substitute Velcro/hook and loop fasteners for buttons and loop fastener.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cook et al. (Cook US 8,870,018).
8: Cook teaches the claimed invention as discussed above and Cook further teaches that the bottom edge has a shorter length from the first end to the second end than the top edge (see Figure 2 where bottom edge 20 has a shorter length from 22 to 24 than the top edge 18) except for the explicit teaching that the top edge is five times as long as the bottom edge, and wherein the beverage glass is an unclaimed martini glass.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cook such that the teaching of the top edge being five times as long as the bottom edge were applied since Applicant has provided no evidence that different portions of the broad range or values of the edges would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in the size of a component to accommodate containers of various size and tapered shapes. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cook et al. (Cook US 8,870,018) in view Williams (US 6,123,220).
9: Cook teaches the claimed invention as discussed above for Claim 8 except at least one suction cup on the first side of the body that is configured to hold the body to the external surface of the martini glass.
Williams a plurality of mini suction cups (30) applied to a surface in order to permit the sleeve/holder to remain attached to a surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cook such that the teaching of at least one suction cup on the first side of the body were applied to the surface of Williams in order to permit the sleeve/holder to remain attached to a surface even when some of the mini cups lose their suction, col. 2, ll. 52-62.
Claim(s) 11, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cook et al. (Cook US 8,870,018) in view of Strickland (US 4,282,279).
11: Cook teaches an insulated beverage glass wrap (wrap 10 capable of insulating an unclaimed beverage glass), comprising: a body (body of 10, shown between 22 and 24) comprised of a sheet of an insulating material (plastic, foam, paper, or any other material, col. 2, ll. 5-11) and including a first side (22, Figure 2) and a second side (24, Figure 2); the body having a first end and a second end that is opposite the first end in an elongated direction of the body (the ends 22 and 24 are opposing ends of 10); a top edge (top edge 18) along a top of the body from the first end to the second end (see Figure 2); a bottom edge (bottom edge along 20) along a bottom of the body from the first end to the second end (see Figure 2); a first closure structure positioned on the body adjacent the first end (structure 28, adjacent 22); a second closure structure positioned on the body adjacent the second end (28’ positioned proximate 24) and that is configured to engage the first closure structure (28’ to be engaged with 28); and wherein the body is configured to be wrapped around a beverage glass such that the first side is against an external surface of the beverage glass (wrapped around an unclaimed beverage container 12) and the first end and the second end meet such that the second closure structure is engaged with the first closure structure to thereby retain the insulated beverage glass wrap on the beverage glass (see 10 retained upon unclaimed container 12) except that the body comprised of a sheet of an insulating, moisture impermeable material and including a fabric sheath around the insulating, moisture impermeable material.
Strickland teaches a body (body generally indicated between 28 and 32, Figure 1) comprised of a sheet of an insulating, moisture impermeable material and (nylon materials and insulation layer 46 which are capable of providing insulation, col. 6, ll. 1-22) including a fabric sheath (sheath 20) around the insulating, moisture impermeable material (20 around 46).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cook such that the teaching of a body comprised of a sheet of an insulating, moisture impermeable material and including a fabric sheath around the insulating, moisture impermeable material were applied in order to protect the wrap from moisture and to further provide a protective layer around the insulating material during use.
16: Cook-Strickland teaches the claimed invention as discussed above for Claim 11 and Cook further teaches that the bottom edge has a shorter length from the first end to the second end than the top edge (see Figure 2 where bottom edge 20 has a shorter length from 22 to 24 than the top edge 18).
18: Cook-Strickland teaches the claimed invention as discussed above for Claim 11 and Cook further teaches that the bottom edge has a shorter length from the first end to the second end than the top edge (see Figure 2 where bottom edge 20 has a shorter length from 22 to 24 than the top edge 18) except for the explicit teaching that the top edge is five times as long as the bottom edge, and wherein the beverage glass is an unclaimed martini glass.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cook such that the teaching of the top edge being five times as long as the bottom edge were applied since Applicant has provided no evidence that different portions of the broad range or values of the edges would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in the size of a component to accommodate containers of various size and tapered shapes. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strickland (US 4,282,279) in view Cook et al. (Cook US 8,870,018) and further in view of Rollett (US 2022/0248884).
15: Strickland-Cook teaches the claimed invention as discussed above for Claim 11 except the first closure structure a plurality of buttons disposed on the second side of the body, and the second closure structure is a loop, and wherein each button of the plurality of buttons is positioned at different positions along the body.
Rollett teaches a sleeve 100 having a closure with a loop at one side of 100, Figure 5 and a plurality of buttons 510, located at different positions along the body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Strickland-Cook such that the teaching of the first closure structure a plurality of buttons disposed on the second side of the body, and the second closure structure is a loop, and wherein each button of the plurality of buttons is positioned at different positions along the body were applied as an alternate means of securing the sleeve to a container, according to the size of an unclaimed container since fasteners such as Velcro, button and loop, adhesives were art-recognized equivalent structures for fastening means in the art and one of ordinary skill in the art would have found it obvious to substitute Velcro/hook and loop fasteners for buttons and loop fastener.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cook et al. (Cook US 8,870,018) in view Strickland (US 4,282,279) and further in view of Williams (US 6,123,220).
19: Cook-Strickland teaches the claimed invention as discussed above for Claim 18 except at least one suction cup on the first side of the body that is configured to hold the body to the external surface of the martini glass.
Williams a plurality of mini suction cups (30) applied to a surface in order to permit the sleeve/holder to remain attached to a surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cook-Strickland such that the teaching of at least one suction cup on the first side of the body were applied to the surface of Williams in order to permit the sleeve/holder to remain attached to a surface even when some of the mini cups lose their suction, col. 2, ll. 52-62.
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