DETAILED ACTION
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)(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.
Claims 1, 2, 4-6, 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Korbmann 2023/0389738.
In regards to Independent Claim 1, Korbmann teaches a drinking straw (1 in figure 1a) comprising: at least one elongated tubular main body portion (2); the elongated tubular main body portion comprising a pinched end portion (5), wherein the pinched end portion defines opposite compressed edges of the elongated tubular main body portion (edges at 5 and at 7 as shown in figure 1a), and wherein the pinched end portion is cut with an oblique angle in relation to an longitudinal extension of the at least one elongated tubular main body portion and extending between the opposite compressed edges (oblique cut shown in figure 1a, paragraph [0035]), thereby defining a cut tip (3), wherein an outermost tip of the cut tip (tip 7) coincides with one of the compressed edges (lower compressed edge as shown in figure 1b below); wherein the drinking straw has a longitudinal symmetry plane (dashed line plane in figure 1b below), wherein the opposite compressed edges are both arranged on the longitudinal symmetry plane (as shown in figure 1b below), and wherein the outermost tip of the cut tip is also arranged on the longitudinal symmetry plane (as shown in figure 1b below, where it is not claimed that a portion of the pinched end portion is not compressed by the pinching of the straw).
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Figure 1b of Korbmann
Regarding Dependent Claim 2, Korbmann teaches the pinched end portion is cut with an oblique angle of 30-70 degrees (angle of cut of beveled tip 7 shown in figure 1a is approximately 45 degrees, which fits within the large range of claimed angles of 30 to 70 degrees). “The description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach on of ordinary skill in the art.” In re Wright, 569 F.2d 1124, 1127-28, 193 USPQ 332, 335-36 (CCPA 1977). MPEP 2125 II.
Regarding Dependent Claim 4, Korbmann teaches the pinched end portion (5) has an increased degree of compression towards the outermost tip (transition from wall thickness 8 to 9 can be continuous, such that portion 5 is thinner towards tip at 3 in figure 1a, paragraph [0040]).
Regarding Dependent Claim 5, Korbmann teaches the pinched end portion (5) has a longitudinal extension (length L in figure 1a) from the outermost tip (tip at 3) which is 50-400 % (length L is approximately twice the diameter of 2 as shown in figure 1a, where the ratio falls within the very broad ratio of being between half the diameter of 2 and 4 times the diameter of 2) of the diameter (diameter of 2) of the un-pinched portion (6) of the elongated tubular main body portion (2). “The description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art.” In re Wright, 569 F.2d 1124, 1127-28, 193 USPQ 332, 335-36 (CCPA 1977). MPEP 2125 II.
Regarding Dependent Claim 6, Korbmann teaches the drinking straw (1) is made of paper-based material (paper drinking straw, abstract).
Regarding Dependent Claim 15, Korbmann teaches a liquid food package (81 in figure 8A) for holding a liquid food product (paragraph [0066]), the liquid food package (81) comprising: a main body (body of 81 shown in figure 8A) for holding the liquid food product, and a drinking straw (1) according to claim 1 (see rejection of claim 1 above) being attached to an outside surface of the main body (1 can be attached to outer surface of 81, paragraph [0068]).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sorbara 2019/0290039.
In regards to Independent Claim 1, Sorbara teaches a drinking straw (20 in figure 4) comprising: at least one elongated tubular main body portion (21); the elongated tubular main body portion (21) comprising a pinched end portion (end 23), wherein the pinched end portion (23) defines opposite compressed edges (29 and 30, on opposite sides of 24, and compressed inwards) of the elongated tubular main body portion (21), and wherein the pinched end portion (23) is cut with an oblique angle (oblique cut shown in figure 4) in relation to an longitudinal extension (length of 20) of the at least one elongated tubular main body portion (21) and extending between the opposite compressed edges (29 and 30), thereby defining a cut tip (tip 24), wherein an outermost tip (22) of the cut tip coincides with one of the compressed edges (22 is at the intersection of edges 29 and 30); wherein the drinking straw has a longitudinal symmetry plane (plane S in figure 4), wherein the opposite compressed edges are both arranged on the longitudinal symmetry plane (compressed edges 29 and 30 come together at plane S at point 24 in figure 5), and wherein the outermost tip of the cut tip is also arranged on the longitudinal symmetry plane (tip 24 is on plane S in figure 5).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorbara as applied to claim 1 above.
Regarding Dependent Claim 3, Sorbara teaches the invention as claimed and discussed above. However, Sorbara does not teach that the bending radius of the compressed edge at the outermost tip is 2-5 percent of a diameter of an un-pinched portion of the elongated tubular main body portion. Sorbara teaches the bending radius of the pinched end portion can be changed in size (smaller radius in figure 5, and larger radius in figure 7), where the amount of bending changes the stiffness of the straw at the tip (paragraph [0071]). . Therefore, the degree of bending of the compressed edge of the outermost tip is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977); MPEP 2144.05(II)(B). In this case, the recognized result is that reducing the bending radius of the compressed edge of the outermost tip increases the stiffness of the tip. Therefore, since the general conditions of the claim, i.e. that the bending radius of the compressed edges can be changed, was disclosed in the prior art by Sorbara, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to change the bending radius of Sorbara to be 2 to 5 percent of the diameter of the un-pitched portion, in order to provide adequate stiffness for the tip of the straw for piercing a container (paragraph [0070]). It has been held that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); MPEP 2144.05(II)(A).
Claims 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Korbmann in view of Liu CN 111791286A.
In regards to Independent Claim 7 and Dependent Claim 11, Korbmann teaches a device (60 and 61 in figure 6) for forming a drinking straw (1) from an elongated tubular body (2), the device comprising: a mold (60a, 60b, 61) configured to receive and pinch a portion (5) of the elongated tubular body (2), wherein the mold (60a, 60b, 61) is configured to pinch the portion (5) thereby forming opposite compressed edges (compression to diameter 9 in portion 5 extends around the entire perimeter of tube as shown in figures 1a and 1b, such that all opposite edges of 5 are compressed) of the elongated tubular body (2), and cutting the portion (5) with an oblique angle (as shown in figure 1a) in relation to a longitudinal extension (length L) of the elongated tubular body (2) between the opposite compressed edges while forming at least one cut tip at the portion (5) of the elongated tubular body (2),thereby forming the drinking straw (1), wherein the drinking straw has at least one elongated tubular main body portion (6) and a pinched end portion (5), wherein the pinched end portion (5) has a cut tip (tip at end 3 is cut at an angle, paragraph [0036]), wherein an outermost tip (tip at 7) of the cut tip coincides with one of the compressed edges (compression at 5 extends around entire perimeter, such that the cut tip at 7 is also compressed as shown in figure 1a); wherein the drinking straw has a longitudinal symmetry plane (plane shown in figure 1b above), wherein the opposite compressed edges are both arranged on the longitudinal symmetry plane (as shown in figure 1b above), and wherein the outermost tip of the cut tip is also arranged on the longitudinal symmetry plane (as shown in figure 1b above, where it is not claimed that a portion of the pinched end portion is not compressed by the pinching of the straw). However, Korbmann does not teach using a rotating circular cutting blade to cut the oblique angle (end a of straw 1 in figure 4). Liu teaches using a rotating cutting blade that spins in a circular direction (blades 31 rotating with motor 32) to cut the tip of a paper straw (1, described in abstract) at an oblique angle . It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to use the cutting blade system of Liu to cut the tip of a straw in the device of Korbmann, in order to stably and reliably cut the tip of the straw at an angle (paragraph [0031]).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Korbmann.
In regards to Independent claim 12, Korbmann teaches a method for forming a drinking straw (using mold of figure 6 to form straw 1) from an elongated tubular body (paper tube 2), the method comprising: pinching (using mold 60 and 61 in figure 6, paragraph [0055]) a portion (5) of the elongated tubular body (2) thereby forming opposite compressed edges (compression to diameter 9 in portion 5 extends around the entire perimeter of tube as shown in figures 1a and 1b, such that all opposite edges of 5 are compressed); and cutting the portion (5) at an oblique angle (as shown in figure 1a) in relation to the longitudinal extension of the elongated tubular body (2) between the opposite compressed edges (forming a slanted cut, paragraph [0018]),thereby forming the drinking straw (1), wherein the drinking straw (1) has at least one elongated tubular main body portion (6) and a pinched end portion (5), wherein the pinched end portion (5) has a cut tip (7 in figure 1a), wherein an outermost tip (tip at 7) of the cut tip coincides with one of the compressed edges (compression at 5 extends around entire perimeter, such that the cut tip at 7 is also compressed as shown in figure 1a); wherein the drinking straw has a longitudinal symmetry plane (plane shown in figure 1b above), wherein the opposite compressed edges are both arranged on the longitudinal symmetry plane (as shown in figure 1b above), and wherein the outermost tip of the cut tip is also arranged on the longitudinal symmetry plane (as shown in figure 1b above, where it is not claimed that a portion of the pinched end portion is not compressed by the pinching of the straw). However, Korbmann does not teach that the portion is pinched first, then cut at the oblique angle instead of cut first then pinched as disclosed by Korbmann. It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to pinch the end portion of the straw and then cut it instead of cut the end portion of the straw and the pinch it as taught by Korbmann, because there are only two orders for pinching and cutting the end of the straw, and there is a reasonable expectation of success of changing the order from cutting then pinching to pinching then cutting. MPEP 2143 I E.
Regarding Dependent Claim 13, Korbmann teaches the invention as claimed and discussed above, and Korbmann further teaches that the step of cutting the pinched portion (5) comprises cutting the pinched portion (5) at a central portion (cut into two drinking straw from a center, paragraph [0018]) of the elongated tubular body (2),thereby forming two corresponding drinking straws (paragraph [0018]), wherein each drinking straw (1) has at least one elongated tubular main body portion (6) and a pinched end portion (5), wherein the pinched end portion (5) has a cut tip (tip at 3 is cut at an angle, paragraph [0036]), wherein an outermost tip (end at 7) of the cut tip coincides with one of the compressed edges (compression at 5 extends around entire perimeter, such that the cut tip at 7 is also compressed as shown in figure 1a).
Regarding Dependent Claim 14, Korbmann teaches the invention as claimed and discussed above, and Korbmann further teaches the step of pinching the portion (5) of the elongated tubular body (2) provides an increased degree of compression towards the outermost tip (transition from wall thickness 8 to 9 can be continuous, such that portion 5 is thinner towards tip at 3 in figure 1a, paragraph [0040]).
Allowable Subject Matter
Claims 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: prior art fails to teach, in combination with the other limitations of dependent claim 8, the mold is configured to receive and pinch a central portion of the elongated tubular body and the cutting blade is configured to cut the central portion of the elongated tubular body, thereby forming two drinking straws, wherein each drinking straw has at least one elongated tubular main body portion and a pinched end portion; and prior art fails to teach, in combination with the other limitations of dependent claim 9, a plurality of lower mold sections, each lower mold section being arranged about a periphery of a roller and being configured to feed the elongated tubular body to a pinching and cutting position when the roller being rotated about a main axis, and an upper mold section being configured to be moved in a transverse direction towards one of the plurality of lower mold sections being arranged in the pinching and cutting position.
Response to Arguments
Applicant's arguments filed 7/29/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., discrete opposite compressed edges that preclude a continuous compressed region at the end of the tip, or the degree of compression of the pinched that results in the compressed edges that meet at a tip on the longitudinal symmetry plane) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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 STEVEN M SUTHERLAND whose telephone number is (571)270-1902. The examiner can normally be reached M-F 8-5.
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/STEVEN M SUTHERLAND/Primary Examiner, Art Unit 3752
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