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.
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) 1-11, 13, 16-19 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Jager (DE 202016004961 U1)
Jager discloses:
1. A drinking system (figs 1-3) with comprising:- a drinking vessel (adjacent 2) defining a receiving chamber (adjacent 6) for a liquid (Capable of performing the above intended use), - a drinking straw arranged on the drinking vessel (straw as in fig 1), projecting from the drinking vessel and guided into the receiving chamber (fig 1), with the drinking straw including a first end having an inlet opening which projects towards a base of the receiving chamber (at bottom of straw), and with a second end having a drinking opening (at top of straw), and with a suction channel between the inlet opening and the drinking opening (opening within straw), and- an aroma reservoir connected with the drinking straw (adjacent 8) via an inflow channel (adjacent 11), wherein the aroma reservoir contains a liquid aroma medium which contains fragrances and/or flavorings in dissolved or emulsified and thus diluted form and which, when liquid is sucked from the drinking vessel through the drinking straw , is sucked through the inflow channel into the drinking straw and is mixed there with the liquid sucked into the drinking straw from the drinking vessel (the prior art provides “a fragrance oil or a flavoring substance” and is capable of performing the above intended use above).
2. The drinking system according to claim 1 wherein the liquid aroma medium comprises fragrances or flavorings diluted in water at a ratio of 1:15 to 1:1,000. The prior art discloses water (Adjacent 6). Further, it is well within the skill of one of ordinary skill in the art at the time of the invention to provide a particular type of flavor combination (such as within the above ratio) in order to provide a desired and enjoyable flavor to the user. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a specific range because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges was an obvious extension of the prior teachings. In re Aller, 105 USPQ 233.
3. The drinking system according to claim 1, wherein at least one sweetener is contained in dissolved form in the liquid aroma medium. It is well within the skill of one of ordinary skill in the art at the time of the invention to provide a particular type of flavor combination (such as with the above substance) in order to provide a desired and enjoyable flavor to the user. The medium has no impact on the structure of the vessel invention.
4. The drinking system according to claim 3 wherein at least one sweetener selected from the group consisting of stevia, aspartame and acesulfame is contained in dissolved form in the liquid aroma medium. It is well within the skill of one of ordinary skill in the art at the time of the invention to provide a particular type of flavor combination (such as with the above substance) in order to provide a desired and enjoyable flavor to the user. The medium has no impact on the structure of the vessel invention.
5. The drinking system according to claim 1, wherein the aroma reservoir comprises a container which is arranged or can be arranged on the drinking vessel, in which the liquid aroma medium is arranged (As shown in fig 1).
6. The drinking system according to claim 5, wherein the container has a low height in relation to its base area (as in fig 1, namely a ratio of height in mm to base area in mm2 of 1:50 or less. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
7. The drinking system according to one of claims claim 5, wherein the container has a height which is at most 15% of a length of the drinking straw (as in fig 1). Further, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
8. The drinking system according claim, wherein the container has a supply air opening (adjacent 12/14).
9. The drinking system according to claim 8, wherein the supply air opening has a diameter of 1.5 mm or less. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
10. The drinking system according to one of claims claim 8, wherein the supply air opening can be closed with a lid when the drinking system is not being used (capable of performing the above intended use, as the prior art states “Will the lid 4 turned to its closed position, then close both the liquid channel 10 as well as the air duct 12”).
11. The drinking system according claim 5, wherein the container is closed with a lid which can be attached in a detachable manner. The prior art does not appear to disclose whether or not the lid can be closed. It is well known in the art to provide removability of a lid as for example to provide the potential for cleaning.
13. The drinking system according to claim 1, wherein the inflow channel has an inner diameter of at most 1.5 mm. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
16. The drinking system according to claim 6, wherein the container has a low height in relation to its base area of approximately 1:60. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
17. The drinking system according to claim 7, wherein the container has a height of approximately 10% of the height of the drinking straw. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
18. The drinking system according to claim 9, wherein the supply air opening has a diameter of 1 mm or less. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
19. The drinking system according to claim 13, wherein the inflow channel has an inner diameter of approximately 1 mm. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jager as applied to claim 1 above, and further in view of Loging (US 20120261375 A1).
Jager discloses the claimed invention above with the exception of the following which is disclosed by Loging: wherein the inflow channel has a tube portion which dips into the liquid aroma medium from above and has an inflow opening (as in fig 7 such as adjacent 147). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Jager in view of Loging (by providing the above) in order to assist in the suction of the elements.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jager as applied to claim 1 above, and further in view of Allen (2432132)
Jager discloses the claimed invention above with the exception of the following which is disclosed by Allen: a suction tube connected with the drinking straw to suck ambient air into the liquid flow sucked with the drinking straw, wherein the suction tube is formed and dimensioned in relation to the other flow elements of the drinking system in such a way that, during suction, a volume flow of sucked air is generated which is between 5 and 10% of the liquid volume to be drunk (such as adjacent 15; it would have been obvious to one of ordinary skill in the art at the time of the invention to provide a specific range because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges was an obvious extension of the prior teachings. In re Aller, 105 USPQ 233). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Jager in view of Allen (by providing the vent structure of Allen to the straw) in order to assist the user in removing the desired elements from the device.
Claim(s) 1-13, 16-19 is/are rejected under 35 U.S.C. 103 as obvious over Jager (DE 202016004961 U1) in view of Loging (US 20120261375 A1).
Jager discloses:
1. A drinking system (figs 1-3) with comprising:- a drinking vessel (adjacent 2) defining a receiving chamber (adjacent 6) for a liquid (Capable of performing the above intended use), - a drinking straw arranged on the drinking vessel (straw as in fig 1), projecting from the drinking vessel and guided into the receiving chamber (fig 1), with the drinking straw including a first end having an inlet opening which projects towards a base of the receiving chamber (at bottom of straw), and with a second end having a drinking opening (at top of straw), and with a suction channel between the inlet opening and the drinking opening (opening within straw), and- an aroma reservoir connected with the drinking straw (adjacent 8) via an inflow channel (adjacent 11), wherein the aroma reservoir contains a liquid aroma medium which contains fragrances and/or flavorings in dissolved or emulsified and thus diluted form and which, when liquid is sucked from the drinking vessel through the drinking straw , is sucked through the inflow channel into the drinking straw and is mixed there with the liquid sucked into the drinking straw from the drinking vessel (the prior art provides “a fragrance oil or a flavoring substance” and is capable of performing the above intended use above).
If there is any question to the above liquid, in order to expedite prosecution for Applicant, the Office notes that Loging discloses a liquid that would comprise its own flavor and aroma provided within the reservoir and intended to be mixed (paragraph 35, 36). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Jager in view of Loging (by ensuring the medium is a liquid) in order to ensure proper and desired complete mixing of the substances.
Jager discloses:
2. The drinking system according to claim 1 wherein the liquid aroma medium comprises fragrances or flavorings diluted in water at a ratio of 1:15 to 1:1,000. The prior art discloses water (Adjacent 6). Further, it is well within the skill of one of ordinary skill in the art at the time of the invention to provide a particular type of flavor combination (such as within the above ratio) in order to provide a desired and enjoyable flavor to the user. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a specific range because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges was an obvious extension of the prior teachings. In re Aller, 105 USPQ 233.
3. The drinking system according to claim 1, wherein at least one sweetener is contained in dissolved form in the liquid aroma medium. It is well within the skill of one of ordinary skill in the art at the time of the invention to provide a particular type of flavor combination (such as with the above substance) in order to provide a desired and enjoyable flavor to the user. The medium has no impact on the structure of the vessel invention.
4. The drinking system according to claim 3 wherein at least one sweetener selected from the group consisting of stevia, aspartame and acesulfame is contained in dissolved form in the liquid aroma medium. It is well within the skill of one of ordinary skill in the art at the time of the invention to provide a particular type of flavor combination (such as with the above substance) in order to provide a desired and enjoyable flavor to the user. The medium has no impact on the structure of the vessel invention.
5. The drinking system according to claim 1, wherein the aroma reservoir comprises a container which is arranged or can be arranged on the drinking vessel, in which the liquid aroma medium is arranged (As shown in fig 1).
6. The drinking system according to claim 5, wherein the container has a low height in relation to its base area (as in fig 1, namely a ratio of height in mm to base area in mm2 of 1:50 or less. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
7. The drinking system according to one of claims claim 5, wherein the container has a height which is at most 15% of a length of the drinking straw (as in fig 1). Further, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
8. The drinking system according claim, wherein the container has a supply air opening (adjacent 12/14).
9. The drinking system according to claim 8, wherein the supply air opening has a diameter of 1.5 mm or less. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
10. The drinking system according to one of claims claim 8, wherein the supply air opening can be closed with a lid when the drinking system is not being used (capable of performing the above intended use, as the prior art states “Will the lid 4 turned to its closed position, then close both the liquid channel 10 as well as the air duct 12”).
11. The drinking system according claim 5, wherein the container is closed with a lid which can be attached in a detachable manner. The prior art does not appear to disclose whether or not the lid can be closed. It is well known in the art to provide removability of a lid as for example to provide the potential for cleaning.
13. The drinking system according to claim 1, wherein the inflow channel has an inner diameter of at most 1.5 mm. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
16. The drinking system according to claim 6, wherein the container has a low height in relation to its base area of approximately 1:60. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
17. The drinking system according to claim 7, wherein the container has a height of approximately 10% of the height of the drinking straw. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
18. The drinking system according to claim 9, wherein the supply air opening has a diameter of 1 mm or less. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
19. The drinking system according to claim 13, wherein the inflow channel has an inner diameter of approximately 1 mm. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the above, because it has been held that discovering an optimum value of a result effective variable involves was an obvious extension of the prior teachings. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
12: the Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Loging: wherein the inflow channel has a tube portion which dips into the liquid aroma medium from above and has an inflow opening (as in fig 7 such as adjacent 147). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Loging (by providing the above) in order to assist in the suction of the elements.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Combined Reference as applied to claim 1 above, and further in view of Allen (2432132)
The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Allen: a suction tube connected with the drinking straw to suck ambient air into the liquid flow sucked with the drinking straw, wherein the suction tube is formed and dimensioned in relation to the other flow elements of the drinking system in such a way that, during suction, a volume flow of sucked air is generated which is between 5 and 10% of the liquid volume to be drunk (such as adjacent 15; it would have been obvious to one of ordinary skill in the art at the time of the invention to provide a specific range because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges was an obvious extension of the prior teachings. In re Aller, 105 USPQ 233). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Allen (by providing the vent structure of Allen to the straw) in order to assist the user in removing the desired elements from the device.
Conclusion
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735