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 Objections
Claims 1-9 are objected to because of the following informalities: the claims include capitalized letters throughout that should be lowercase. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are replete with indefinite language and multiple structures lack antecedent basis. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only.
Claim 1 recites the limitation "the cup" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "Fixing rim" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the nozzle of the cup" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the inside and outside" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the upper rim" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the cup nozzle" in line 4 and “the cup’s nozzle” in line 12. It is unclear if these structure are the same as “the nozzle of the cup” previously recited .
Claim 1 recites the limitation "from the inside" in line 6. It is unclear what the inside is referring to.
Claim 1 recites the limitation "this extension is the one" in line 1. It is unclear if there are multiple extensions and which extensions this is referring to.
Claim 1 recites the limitation "the spillage path" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the drinking platform" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation " the drinking platform follows the spillage path and cover the rest" in line 11. It is unclear if there are multiple drinking platforms.
Claim 1 recites the limitation "the drinking rim" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the inclined surface" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the first cavity" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the liquid assembly cavity" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the raised area" in lines 16-17. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the second cavity" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the drinking straw cavity" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the base" in line 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the drinking straw cavity" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the drinking straw cavity" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the straw cavity" in line 21. It is unclear if this is the drinking straw cavity.
Claim 1 recites the limitation "The second cavity bottom, the straw cavity, has a drinking straw inlet" in line 21. It is unclear where the inlet is located.
Claim 1 recites the limitation "the raised area" in lines 21-22. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation " The first cavity bottom, the liquid assembly cavity, ends with an opening for the liquid to exit the cup" in line 23. It is unclear what ends with an opening.
Claim 1 recites the limitation "the low part" in line 24. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the said liquid output opening" in line 26. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the outer side" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the distance" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the top of the drinking rim" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the said fixing path" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the inner side" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the wide end" in lines 2-3 . There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the narrower end" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "all three sides" in line 2. It is unclear how many sides there are.
Claim 4 recites the limitation "the downstream side" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the second bottom" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the first floor" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the side" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "level of the fixing rim" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the level of the low area" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "supporting the strength of the straw inlet" in line 2. It is unclear what is being supported.
Claim 6 recites the limitation "tracking the straw unlet closed with the drinking straw" in line 3. It is unclear what tracking is referring to.
Claim 7 recites the limitation "the end" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the liquid output area" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the surface of the upper lid" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Khalaf (US-20170127860-A1) discloses a lid with a top 15 of the lid 1 includes one or more surfaces 16, 17 and 19. The one or more surfaces 16, 17, and 19 may have varying slopes. As depicted in FIG. 1, a first top surface 15 adjacent to the reservoir 6 may slope generally downwardly towards a recessed (or indented) horizontal surface 17 located proximate to the center of the lid 1. The first top surface 15 may be sloped at angle between approximately five degrees (5°) and twenty-five degrees (25°), and may preferably be sloped at about ten degrees (10°). The recessed horizontal surface 17 may be configured to receive one or more body parts of the user. For example, the recessed horizontal surface 17 may be configured to accommodate the user's nose when the lid 1 is in use. The recessed horizontal surface 17 may be sloped at an angle between approximately zero degrees (0°) (a flat surface) to ten degrees (10°). A second top surface 16 located opposite the reservoir 6 may also be generally slanted towards the recessed horizontal surface 17. In one embodiment the second top surface 16 may be sloped at an angle between approximately ten degrees (10°) and twenty-five degrees (25°). Top surfaces 19 located along the sides of the lid 1 may also be generally slanted towards the first top surface 15 and/or the reservoir 6 and/or the second top surface 16. The top surfaces 19 may be comprised of sub-regions having varied slope (par. 0037).
Savenok (US-20170071379-A1) discloses a liquid directing lid Fig. 2, the primary lid form(s) 124, 125, 126, 127, and 128 each respectively comprise a primary beverage outlet depression as at depressions 131, 132, 133, 134, and 135. A generic beverage outlet depression is referenced at 138. The beverage outlet depressions 131, 132, 133, 134, and 135 are respectively formed at upper surfacing of the primary lid forms 124, 125, 126, 127 and 128 comprise at least one primary beverage outlet as generically referenced at outlet apertures 136 and a primary depression periphery as generically referenced at 137
Tokunaga (US-8313002-B2) discloses a lid for a beverage container that is detachable fitted on an upper opening of a container part 1 of the beverage container such as a disposable coffee cup or the like. The lid has an outer peripheral portion 11 and a main portion 12, 13. The peripheral portion 11 is attachable to an upper edge of the container part 1. The main portion 12, 13 is raised upward from an inside edge of the peripheral portion 11. In detail, the main portion is composed of a side wall 12 and a top wall 13. The side wall 12 is erected upward from the peripheral portion 11. The top wall 13 extends horizontally from an upper end of the side wall 12. Thus, the main portion 12, 13 is made into substantially a cap shape integrally formed on the outer peripheral portion 11 The top wall 13 has a skeleton or three-dimensional structure as shown in FIG. 1 and FIG. 2. The main portion 12, 13 has a drink opening 25 on the top wall 13 as a top panel so as to form a recessed space at a fixed area near the side wall 12. The main portion has an aroma opening 36 on the top wall 13 so as to form another recessed space at a fixed area next to a rear side of the drink opening 25.
Allowable Subject Matter
Claims 10-17 are allowed.
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of the reasons for allowance for the indication of allowable subject matter: the prior art fails to teach or reasonably suggest the claimed lid wherein said drinking platform having a raised end and a low opposite end, an uppermost edge of said drinking platform obliquely sloping from said raised end to said low end, a drinking rim disposed at said raised end, said drinking platform encircling an inclined interior surface, said inclined interior surface defining a drinking cavity and a straw cavity, said drinking cavity being recessed and located directly adjacent said drinking rim and said raised area of said drinking platform, said straw cavity disposed adjacent said low end of said drinking platform, said straw cavity being shallower than said drinking cavity and so that liquid flows on said inclined interior surface toward said drinking cavity, said straw cavity having a drinking straw inlet, at least one ventilation hole disposed in said straw cavity adjacent said drinking straw inlet, said drinking cavity including a liquid output opening for liquid to exit the cup, said liquid output opening being located at the angle where said drinking rim intersects said inclined interior surface, an upper rim disposed between said liquid output opening and said drinking rim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733