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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/10/2024 is being considered by the examiner.
Claim Objections
Claims 2-14, 16-17 and 19-20 are objected to because of the following informalities: As to claims 2-14, 16-17 and 19-20, line 1, “A beverage container” should be change to –The beverage container--. Appropriate correction is required.
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.
Claims 1-8, 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Moody et al (2021/0145196) in view of Sherburne (2022/0133068).
As to claim 1, Moody discloses a beverage container insulator for holding a beverage container and slowing heat transfer between liquid contained in the beverage container and ambient surroundings (10), said beverage container insulator comprising: a generally cylindrical (Figure 1) outer shell including an outer sidewall (14) having an outer sidewall top edge and an outer bottom wall spanning the outer sidewall opposite said outer sidewall top edge (Figure 4), said outer sidewall having a generally cylindrical outer face and an outer sidewall height extending vertically between the outer sidewall top edge and the outer bottom wall (Figure 4); and a generally cylindrical inner shell (22) including an inner sidewall having an inner sidewall top edge and an inner bottom wall spanning the inner sidewall opposite said inner sidewall top edge, said inner sidewall having a generally cylindrical inner face and an inner sidewall height extending vertically between the inner sidewall top edge and the inner bottom wall (Figure 4), said inner sidewall being sized to nest inside the outer sidewall forming a continuous annular space having a generally uniform width, said inner sidewall top edge being joined with the outer sidewall top edge forming a rim of the beverage container insulator, said inner sidewall and the inner bottom wall defining a hollow interior of the beverage container insulator in which the beverage container is held; wherein: the inner sidewall height is sized so a beverage container resting against the inner bottom wall extends above the rim of the beverage container insulator ([0014] teaches that the height of the sidewall 14 may be sized to be slightly shorter than the beverage container or beverage can); the inner bottom wall is spaced above the outer bottom wall by a gap (gap can be seem in Figure 4); the inner sidewall, the outer sidewall, the inner bottom wall, and the outer bottom wall form a hermetically sealed insulating cavity between the inner shell and the outer shell to slow heat transfer through the beverage container insulator ([0015] teaches the double walls may be filled with air of other gas to reduce heat transfer, alternatively there may be a vacuum between the double walls to reduce heat transfer); the inner sidewall (22) has a multiplicity of protrusions (24) circumferentially spaced around the inner sidewall, each protrusion of said multiplicity of protrusions extends inwardly from the inner face into the hollow interior by a distance sized so said protrusion of the multiplicity of protrusions engages the beverage container when received in the hollow interior of the beverage container insulator so the multiplicity of protrusions space the beverage container from the inner face of the inner sidewall ([0022] teaches that the side wall 14 of the insulation device with (Din) that is greater than the sidewall diameter (Dcan.out) of the beverage can). Moody does not specifically discloses the inner bottom wall is spaced above the outer bottom wall by a gap height measured along a centerline of the inner shell that is more than four times greater than the width of the annular space between the outer sidewall and the inner sidewall and outer sidewall has a groove extending circumferentially around the outer sidewall and inwardly from the outer face. Sherburne discloses an insulated beverage container comprises outer shell (2) and inner shell (40), the outer shell comprises a groove (50) extending circumferentially around the outer sidewall and inwardly from the outer 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 the outer shell of Moody with circumferential groove around the outer sidewall as taught by Sherburne in order to provide a gripping mean for the end user carry the insulation container. With regarding to the specific gap height measured along a centerline of the inner shell that is more than four times greater than the width of the annular space between the outer sidewall and the inner sidewall. 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 insulator container of Moody so the bottom gap height measured along a centerline of the inner shell that is more than four times greater than the width of the annular space between the outer sidewall and the inner sidewall because the selection of the specific distance such as the distance as disclosed by Moody or as claimed would have been an obvious matter of design choice inasmuch as the resultant structures will work equally well and inasmuch as applicant's specification does not state that using these specific distance as claimed solves any particular problem or yields any unexpected results.
As to claim 2, Moody as modified further discloses said inner sidewall is sized and shaped to receive an aluminum can ([0013-0014] teaches that the inner diameter sized to fit a standard 12 oz aluminum can) so each protrusion of said multiplicity of protrusions engages the aluminum can when received in the hollow interior of the beverage container insulator.
As to claim 3, Moody as modified further discloses said inner sidewall is sized and shaped to receive an aluminum can having a 66 mm diameter so each protrusion of said multiplicity of protrusions engages the aluminum can when received in the hollow interior of the beverage container insulator ([0013-0014], Moody that the inner sidewall is sized to fit a standard aluminum can, which by the industrial standard, the diameter of a standard 12 oz aluminum is 6.62 cm, which is 66.2 mm).
As to claims 4-6, Moody as modified does not disclose said outer face of the outer sidewall has an outer diameter less than about 75 mm, said inner sidewall is sized and shaped to receive an aluminum can having a 57 mm diameter so each protrusion of said multiplicity of protrusions engages the aluminum can when received in the hollow interior of the beverage container insulator and said outer face of the outer sidewall has an outer diameter less than about 67 mm. 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 insulator container of Moody so the outer sidewall has an outer diameter less than about 75 mm, said inner sidewall is sized and shaped to receive an aluminum can having a 57 mm diameter so each protrusion of said multiplicity of protrusions engages the aluminum can when received in the hollow interior of the beverage container insulator and said outer face of the outer sidewall has an outer diameter less than about 67 mm because the selection of the specific dimension such as disclosed by Moody or as claimed would have been an obvious matter of design choice inasmuch as the resultant structures will work equally well and inasmuch as applicant's specification does not state that using these specific distance as claimed solves any particular problem or yields any unexpected results.
As to claim 7, Moody as modified further discloses the multiplicity of protrusions are equally spaced around the inner sidewall (as shown in Figure 3 of Moody, the protrusions 24 are about 90 degrees from each other).
As to claims 8, Moody as modified further discloses upper and lower protrusions. But does not disclose each protrusion of the lower protrusion of said multiplicity of protrusions is centered about 15% to about 25% of the inner sidewall height above the inner bottom wall as measured at a centerline of the inner shell. 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 insulator container of Moody so the lower protrusion of said multiplicity of protrusions is centered about 15% to about 25% of the inner sidewall height above the inner bottom wall as measured at a centerline of the inner shell because the selection of the specific distance such as disclosed by Moody or as claimed would have been an obvious matter of design choice inasmuch as the resultant structures will work equally well and inasmuch as applicant's specification does not state that using these specific distance as claimed solves any particular problem or yields any unexpected results.
As to claims 12-13, 16 and 19, Moody as modified does not disclose a ratio of the outer sidewall height to the outer sidewall diameter is greater than about 1.5 or about 2.2. 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 insulator container of Moody so a ratio of the outer sidewall height to the outer sidewall diameter is greater than about 1.5 or about 2.2 because the selection of the specific ratio such as claimed would have been an obvious matter of design choice inasmuch as the resultant structures will work equally well and inasmuch as applicant's specification does not state that using these specific distance as claimed solves any particular problem or yields any unexpected results.
As to claims 14, 17 and 20, Moody as modified further discloses the multiplicity of protrusions comprises eight protrusions, but does not disclose the multiplicity of protrusions consists of ten protrusions. 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 protrusions of Moody to increase to ten protrusions in order to increase the frictional force to secure the aluminum can inside the insulation container, since such a modification would amount to a mere duplication of parts. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. 2144.04(VI)(B).
As to claim 15, Moody discloses an aluminum can insulator for holding an aluminum can (Moody teaches the container being aluminum can) and slowing heat transfer between liquid contained in the aluminum can and ambient surroundings (10), said aluminum can insulator comprising: a generally cylindrical (Figure 1) outer shell including an outer sidewall (14) having an outer sidewall top edge and an outer bottom wall spanning the outer sidewall opposite said outer sidewall top edge (Figure 4), said outer sidewall having a generally cylindrical outer face and an outer sidewall height extending vertically between the outer sidewall top edge and the outer bottom wall (Figure 4); and a generally cylindrical inner shell (22) including an inner sidewall having an inner sidewall top edge and an inner bottom wall spanning the inner sidewall opposite said inner sidewall top edge, said inner sidewall having a generally cylindrical inner face and an inner sidewall height extending vertically between the inner sidewall top edge and the inner bottom wall (Figure 4), said inner sidewall being sized to nest inside the outer sidewall forming a continuous annular space having a generally uniform width, said inner sidewall top edge being joined with the outer sidewall top edge forming a rim of the aluminum can insulator, said inner sidewall and the inner bottom wall defining a hollow interior of the aluminum can insulator in which the aluminum can is held; wherein: the inner sidewall, the outer sidewall, the inner bottom wall, and the outer bottom wall form a closed insulating cavity between the inner shell and outer shell to slow heat transfer through the aluminum can insulator ([0015] teaches the double walls may be filled with air of other gas to reduce heat transfer, alternatively there may be a vacuum between the double walls to reduce heat transfer); the inner sidewall (22) includes a multiplicity of protrusions (24) consisting of at least five protrusions arranged circumferentially around the inner sidewall and extending inwardly into the hollow interior of the aluminum can insulator for engaging a portion of the aluminum can when received in the hollow interior of the aluminum can insulator to space the portion of said aluminum can from the inner sidewall. Moody does not specifically disclose a groove extending circumferentially around the outer sidewall and inwardly from the outer face. Sherburne discloses an insulated beverage container comprises outer shell (2) and inner shell (40), the outer shell comprises a groove (50) extending circumferentially around the outer sidewall and inwardly from the outer 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 the outer shell of Moody with circumferential groove around the outer sidewall as taught by Sherburne in order to provide a gripping mean for the end user carry the insulation container.
As to claim 18, Moody discloses a beverage container insulator for holding a beverage container and slowing heat transfer between liquid contained in the beverage container and ambient surroundings (10), said beverage container insulator comprising: a generally cylindrical (Figure 1) outer shell including an outer sidewall (14) having an outer sidewall top edge and an outer bottom wall spanning the outer sidewall opposite said outer sidewall top edge (Figure 4), said outer sidewall having a generally cylindrical outer face and an outer sidewall height extending vertically between the outer sidewall top edge and the outer bottom wall (Figure 4); and a generally cylindrical inner shell (22) including an inner sidewall having an inner sidewall top edge and an inner bottom wall spanning the inner sidewall opposite said inner sidewall top edge, said inner sidewall having a generally cylindrical inner face and an inner sidewall height extending vertically between the inner sidewall top edge and the inner bottom wall (Figure 4), said inner sidewall being sized to nest inside the outer sidewall forming a continuous annular space having a generally uniform width, said inner sidewall top edge being joined with the outer sidewall top edge forming a rim of the beverage container insulator, said inner sidewall and the inner bottom wall defining a hollow interior of the beverage container insulator in which the beverage container is held; wherein: the inner sidewall height is sized so a beverage container resting against the inner bottom wall extends above the rim of the beverage container insulator ([0014] teaches that the height of the sidewall 14 may be sized to be slightly shorter than the beverage container or beverage can); the inner sidewall, the outer sidewall, the inner bottom wall, and the outer bottom wall form a hermetically sealed insulating cavity between the inner shell and the outer shell to slow heat transfer through the beverage container insulator ([0015] teaches the double walls may be filled with air of other gas to reduce heat transfer, alternatively there may be a vacuum between the double walls to reduce heat transfer); the inner sidewall (22) includes a multiplicity of protrusions (24) consisting of at least five protrusions (four located at the lower insulator and four located at the upper insulator) circumferentially spaced around the inner sidewall, each protrusion of said multiplicity of protrusions extends inwardly from the inner face into the hollow interior by a distance sized so said protrusion of the multiplicity of protrusions engages the beverage container when received in the hollow interior of the beverage container insulator so the multiplicity of protrusions space the beverage container from the inner face of the inner sidewall ([0022] teaches that the side wall 14 of the insulation device with (Din) that is greater than the sidewall diameter (Dcan.out) of the beverage can). Moody does not specifically disclose a groove extending circumferentially around the outer sidewall and inwardly from the outer face. Sherburne discloses an insulated beverage container comprises outer shell (2) and inner shell (40), the outer shell comprises a groove (50) extending circumferentially around the outer sidewall and inwardly from the outer 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 the outer shell of Moody with circumferential groove around the outer sidewall as taught by Sherburne in order to provide a gripping mean for the end user carry the insulation container.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Moody et al (2021/0145196) in view of Sherburne (2022/0133068), further in view of Murakami (6,626,326).
As to claims 9-10, Moody as modified does not disclose an upper half of the inner sidewall is devoid of protrusions and each protrusion of said multiplicity of protrusions is spherical-cap shaped. Nevertheless, Murakami discloses a vacuum insulated can holder (10) with plurality of projections (50) formed on the inner cylindrical side wall (24), the plurality of projections (50) are located on the lower half of the inner sidewall and the upper half of the inner sidewall is devoid of protrusions (Figure 3), and each of the protrusion of said multiplicities of protrusions is spherical-cap shaped (Figure 3). 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 inner sidewall of Moody with lower protrusion only as taught by Murakami in order to provide better mechanism for removal of the inner aluminum can which reduce the amount of friction with only the lower protrusions. With regarding to the shape of the protrusion from teardrop shaped to spherical-cap shape, 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. A Change in aesthetic (ornamental) design generally will not support patentability. MPEP 2144.04(IV)(B).
As to claim 11, Moody as modified does not disclose the distance each protrusion of said multiplicity of protrusions extends into the hollow interior from the inner face about 1 mm to about 3 mm. 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 protrusions of Moody as modified so the distance each protrusion of said multiplicity of protrusions extends into the hollow interior from the inner face about 1 mm to about 3 mm because the selection of the specific distance such as disclosed by Moody or as claimed would have been an obvious matter of design choice inasmuch as the resultant structures will work equally well and inasmuch as applicant's specification does not state that using these specific distance as claimed solves any particular problem or yields any unexpected results.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN HOI CHEUNG/ Primary Examiner, Art Unit 3736