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 .
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.
Claims 1-7, 10 and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ze et al. (US 20170071381).
Regarding claim 1, Ze teaches a method of using a handheld beverage container for cooling a beverage (figure 1), the method comprising: cooling a thermal reserve of a handheld beverage container (figure 1, reference 19 and paragraph 58), the handheld beverage container comprising: a container body (figure 1, reference 11) elongate along an axis (figure 1, reference 26) to have a top end (figure 1, near reference 25) and a bottom end (figure 1, near reference 54), the container body configured to stand on the bottom end (figure 1), the container body comprising: an outer tubular sidewall (figure 1, reference 12) coaxial with the axis (figure 1); an inner tubular sidewall located radially inside the outer tubular sidewall (figure 1, reference 13/14); an outer bottom wall connected to the outer tubular sidewall (figure 1, near reference 28); an inner bottom wall connected to the inner tubular sidewall (figure 1, near reference 54/bottom of 14) so that together they define a hold that is configured for holding the beverage (figure 1, inside reference 47 and paragraph 61); an opening on the top end of the container body through which the beverage can be introduced into, and removed from, the hold (figure 1, near reference 25 and paragraph 58); and an insulation chamber located radially between the inner tubular sidewall and the outer tubular sidewall and axially between the inner bottom wall and the outer bottom wall (figure 1, reference 16 and paragraph 62); and the thermal reserve located between the hold and the insulation chamber (figure 1, reference 19), the thermal reserve fixed in position relative to the outer tubular sidewall (figure 1); introducing the beverage into the hold of the handheld beverage container (paragraph 58); and cooling the beverage within the hold by heat transferring from the beverage to the thermal reserve while the insulation chamber insulates the thermal reserve (paragraph 8 and 58).
Regarding claim 2, Ze teaches all of the claim limitations of claim 1, as shown above. Furthermore, Ze teaches cooling the thermal reserve of the handheld beverage container comprises storing the handheld beverage container in a cold environment (paragraph 58).
Regarding claim 3, Ze teaches all of the claim limitations of claim 2, as shown above. Furthermore, Ze teaches the cold environment is a freezer, refrigerator, or cooler (paragraph 58: This would be an inherent feature since in order to get the thermal conductive fluid 19 to 1.5°C, the thermal conductive fluid must be put in a cold environment such as a freezer, refrigerator, or cooler).
Regarding claim 4, Ze teaches all of the claim limitations of claim 2, as shown above. Furthermore, Ze teaches introducing the beverage into the hold of the handheld beverage container comprising introducing the beverage into the hold while the beverage is warmer than the temperature of the cold environment (paragraph 58).
Regarding claim 5, Ze teaches all of the claim limitations of claim 2, as shown above. Furthermore, Ze teaches cooling the thermal reserve of the handheld beverage container comprises storing the handheld beverage container in the cold environment while the beverage is outside of the cold environment (paragraph 58).
Regarding claim 6, Ze teaches all of the claim limitations of claim 1, as shown above. Furthermore, Ze teaches introducing the beverage into the hold of the handheld beverage container comprising introducing the beverage into the hold while the beverage is warmer than the thermal reserve (paragraph 58).
Regarding claim 7, Ze teaches all of the claim limitations of claim 1, as shown above. Furthermore, Ze teaches the thermal reserve comprises a media (paragraph 6 and figure 1, reference 19).
Regarding claim 10, Ze teaches all of the claim limitations of claim 7, as shown above. Furthermore, Ze teaches the media is in the form of a liquid (paragraph 10).
Regarding claim 12, Ze teaches all of the claim limitations of claim 7, as shown above. Furthermore, Ze teaches the media is contained at least in part by one or both of the inner tubular sidewall and the inner bottom wall which form the hold (figure 1, reference 19, 13/14 and near 54).
Regarding claim 13, Ze teaches all of the claim limitations of claim 1, as shown above. Furthermore, Ze teaches the heat capacity of the thermal reserve is greater than the combined heat capacity of both of the outer tubular sidewall and the outer bottom wall (paragraph 58).
Regarding claim 14, Ze teaches all of the claim limitations of claim 1, as shown above. Furthermore, Ze teaches cooling the beverage within the hold by heat transferring from the beverage to the thermal reserve comprises the heat flowing from the beverage through the inner tubular sidewall to the thermal reserve (paragraph 58 and figure 1, reference 13/14 and 19).
Regarding claim 15, Ze teaches all of the claim limitations of claim 1, as shown above. Furthermore, Ze teaches cooling the beverage within the hold by heat transferring from the beverage to the thermal reserve comprises the heat flowing from the beverage through the inner bottom wall to the thermal reserve (paragraph 58 and figure 1, near reference 54/bottom of reference 14 and 19).
Regarding claim 16, Ze teaches all of the claim limitations of claim 1, as shown above. Furthermore, Ze teaches cooling the beverage within the hold by heat transferring from the beverage to the thermal reserve counteracts heat transferred to the beverage from ambient air that is warmer than the thermal reserve (paragraph 58).
Regarding claim 17, Ze teaches all of the claim limitations of claim 1, as shown above. Furthermore, Ze teaches the insulation chamber is a vacuum chamber (paragraph 8).
Regarding claim 18, Ze teaches all of the claim limitations of claim 17, as shown above. Furthermore, Ze teaches the thermal reserve projects into the vacuum chamber away from the hold so that vacuum space of the vacuum chamber is both directly axially above the thermal reserve and directly axially below the thermal reserve (figure 1, reference 19, 16 and near reference 25 and near reference 54).
Regarding claim 19, Ze teaches all of the claim limitations of claim 17, as shown above. Furthermore, Ze teaches the container body comprises one or both of a mouth and a lip (figure 1, 5, near reference 48) which defines the opening and which connects the inner tubular sidewall to the outer tubular sidewall (figure 1 and 5), the inner tubular sidewall is suspended from one or both of the lip and the mouth such that all of weight of the inner tubular sidewall is structurally supported by the outer tubular sidewall via one or both of the lip and the mouth (figure 1 and 5, near reference 48), all of the weight of the thermal reserve is structurally supported by at least part of the inner tubular sidewall such that the thermal reserve is suspended in the vacuum chamber (figure 1 and 5, near reference 48 at 45), and all of the weight of the inner bottom wall is structurally supported by at least part of the inner tubular sidewall (figure 1 and 5, near reference 54).
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ze et al. (US 20170071381).
Regarding claim 20, Ze teaches all of the claim limitations of claim 17, as shown above. Furthermore, Ze teaches the thermal reserve (figure 1, reference 19) is contained within a sealed media chamber (figure 1, reference 18) located directly between the hold (figure 1, inside of wall14) and the vacuum chamber (figure 1, reference 16) and the sealed media chamber comprises one or both of (1) a radial part that is located directly radially between the hold and the vacuum chamber (figure 1), and (2) an axial part that is located axially between the hold and the vacuum chamber (figure 1).
Ze does not explicitly teach the volume of the sealed media chamber being at least a quarter of the volume of the hold (although Ze appears to teach the volume of the sealed media chamber being at least a quarter of the volume of the hold [figure 1], this teaching is not explicit). However, it has been held that, where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than a prior art device, the claimed device is not patentably distinct from the prior art device. Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the container of Ze to include the volume of the sealed media chamber being at least a quarter of the volume of the hold, because having the volume of the sealed media chamber being at least a quarter of the volume of the hold gives a good ratio for cooling the beverage within the hold but not taking up so much volume of the cup to limit the amount of beverage held within it.
Claims 8, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ze et al. (US 20170071381), as applied to claim 7 above, and further in view of Gano (US 20020124591).
Regarding claim 8, Ze teaches all of the claim limitations of claim 7, as shown above.
Ze does not explicitly teach the media comprises water. However, Gano does teach the media comprising water (paragraph 95).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the container of Ze to include media comprises water, as disclosed by Gano, because using water as a media is cheap for manufacturing.
Regarding claim 9, Ze, in view of Gano, teach all of the claim limitations of claim 8, as shown above. Furthermore, Gano teaches the media comprises an antifreeze agent (paragraph 95).
Regarding claim 11, Ze teaches all of the claim limitations of claim 7, as shown above.
Ze does not explicitly teach the media in the form of gel. However, Gano does teach the media in the form of gel (paragraph 95).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the container of Ze to include media in the form of gel, as disclosed by Gano, because using gel as a media is cheap for manufacturing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Doman et al. (US 3,755,030) teaches a container with a refrigerant.
Moore et al. (US 4,163,374) teaches a container with a refrigerant.
Moore (US 4,183,226) teaches a container with a refrigerant.
French (US 11,597,582) teaches a container with a refrigerant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAVIER A PAGAN whose telephone number is (571)270-7719. The examiner can normally be reached Monday - Thursday: 6:30am-4:30pm.
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/JAVIER A PAGAN/Primary Examiner, Art Unit 3735