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 § 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) 1-2, 4-7, 9-19, 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Terrell (5509551) in view of Wong (US 20210354888 A1).
Terrell discloses:
1. A lid (figs 1-5, including figs 4-5) for a container (capable of performing the above intended use), the lid comprising: a first lid closure portion (portion of 112), wherein the first lid closure portion comprises a first opening (as shown in fig 4 with opening beneath 117a) and a second opening (opening 121); a second lid closure portion (113), wherein the second lid closure portion is configured to be releasably connected to the first lid closure portion (capable of performing the above intended use; as for example shown in fig 6) and comprises a first opening (opening above 121 as in fig 4) and a second opening (also the opening adjacent 117a in fig 4); and a tubular member (122a, 122); wherein the second lid closure portion is configured to rotate relative to the first lid closure portion (capable of performing the above intended use; as in col. 4: 37-45); and wherein the lid further comprises: a first configuration in which: the first opening of the first lid closure portion is aligned with the first opening of the second lid closure portion; and the tubular member of the first opening of the first lid closure portion and the first opening of the second lid closure portion, thereby forming a first fluid passage through the lid (capable of performing the above intended use; such as in fig 4 when the device is rotated counterclockwise so that 117a is at 12’oclock and offset relative to the first opening of 112); and a second configuration in which: the second opening of the first lid closure portion is aligned with the second opening of the second lid closure portion, thereby forming a second fluid passage through the lid (capable of performing the above intended use; such as in fig 4 when the device when portions are connected and passage occurs through second openings);
With the exception of the following which is disclosed by Wong: Tubular member protrudes through (the primary reference discloses that the tubular member is connected at different ends; while Wong discloses a straw that passes through an opening as shown in figs 2, 9d, 12, 13a). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Terrell in view of Wong (by replacing one member for another member that is sized to pass through) in order to provide a complete straw element that may be used independently of the device or in other configurations of the container such as removing the lid and straw and placing the straw directly within the container.
The Combined Reference discloses:
2. A lid according to claim 1 wherein, when the lid is in the first configuration, the second opening of the first lid closure portion is offset relative to the second opening of the second lid closure portion and the second fluid passage is closed (as provided above with 117a positioned at 12’oclock in figure 4 positioning, the rotation closed the passage).
4. A lid according to claim 1, wherein the lid comprises a third configuration in which the first opening of the first lid closure portion is offset relative to the first opening of the second lid closure portion; and the second opening of the first lid closure portion is offset relative to the second opening of the second lid closure portion such that each of the first fluid passage and the second fluid passage is closed (capable of performing the above intended use, such as by removing 119, 123 and rotating 113 so that the provided openings are closed in Terrell).
5. A lid according to claim 1, wherein the releasable connection between the first lid closure portion and the second lid closure portion is a push fit connection (a pushing force is required for 115 to connect in Terrell).
6. A lid according to claim 5, wherein the first lid closure portion comprises a stem to which the second lid closure portion is releasably and rotatably connected (115 of Terrell).
7. A lid according to claim 6, wherein the second lid closure portion comprises a handle (top portion of 114 in fig 4), the handle comprises a hollow portion which is configured to receive the stem (as in fig 6 of Terrell).
9. A lid according to claim 1, wherein the lid comprises a fourth configuration in which the second lid closure portion can be removed from the first lid closure portion and, wherein when the lid is not in the fourth configuration then second lid closure portion cannot be removed from the first lid closure portion (capable of performing the above intended use, such as in fig 4 when the elements are separated in Terrell).
10. A lid according to any of claim 9, wherein the second lid closure portion comprises a securing member protruding, preferably protruding inwardly, therefrom, and wherein the securing member is configured to rotationally engage a projecting member provided around the first lid closure portion so that when the lid is not in the fourth configuration then the second lid closure portion cannot be removed from the first lid closure portion (member with 115 in Terrell).
11. A lid according to claim 1, wherein the tubular member is flexible (as shown in fig 4 of Terell such as at bent portion 130).
12. A lid according to claim1, wherein the tubular member is a first tubular member, the lid further comprising a second tubular member that is fluidly connected to the first tubular member and, preferably wherein, in use, the first tubular member extends upward relative to the first lid closure portion and the second tubular member extends downward relative to the first lid closure portion (as in Wong figs 2, 9d, 12, 13a).
13. A lid according to claim 12, wherein the first and second tubular members further comprises a valve means that is configured to regulate the passage of a liquid between the first tubular member and the second tubular member. Official Notice is taken, that it is old and conventional to provide the first and second tubular members further comprises a valve means that is configured to regulate the passage of a liquid between the first tubular member and the second tubular member Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide the first and second tubular members further comprises a valve means that is configured to regulate the passage of a liquid between the first tubular member and the second tubular member in order to permit the device to open and close in response to the user such as capture liquid when desired and to release liquid when desired.
14. A lid according to claim 12, wherein the first and second tubular members further comprise an air vent that is configured to permit air to enter the container (passage through the member permit air to flow).
15. A lid according to claim 1, wherein the first lid closure portion comprises a first aperture, the first aperture forming an air vent when the lid is in the first configuration and, preferably, wherein the first aperture has a smaller cross-sectional area than each of the openings in the first lid closure portion and the second lid closure portion. Official Notice is taken, that it is old and conventional to provide the first lid closure portion comprises a first aperture, the first aperture forming an air vent when the lid is in the first configuration and, preferably, wherein the first aperture has a smaller cross-sectional area than each of the openings in the first lid closure portion and the second lid closure portion. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide the first lid closure portion comprises a first aperture, the first aperture forming an air vent when the lid is in the first configuration and, preferably, wherein the first aperture has a smaller cross-sectional area than each of the openings in the first lid closure portion and the second lid closure portion in order to provide venting in order to permit air flow that assists in the removal of liquid by the user.
16. A lid according to claim 1, wherein the releasable connection of the first lid closure portion and the second lid closure portion further comprises spaced channels which are arranged to permit air to enter the drinking vessel when the lid is in the first configuration. Official Notice is taken, that it is old and conventional to provide the releasable connection of the first lid closure portion and the second lid closure portion further comprises spaced channels which are arranged to permit air to enter the drinking vessel when the lid is in the first configuration. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide the first lid closure portion comprises a first aperture, the first aperture forming an air vent when the lid is in the first configuration and, preferably, wherein the first aperture has a smaller cross-sectional area than each of the openings in the first lid closure portion and the second lid closure portion in order to provide venting in order to permit air flow that assists in the removal of liquid by the user.
17. A lid according to any preceding claim 1, wherein the second lid closure portion comprises an aperture, the aperture in the second lid closure portion aligning with a second aperture in the first lid closure portion to form an air vent when the lid is in the second configuration. Official Notice is taken, that it is old and conventional to provide wherein the second lid closure portion comprises an aperture, the aperture in the second lid closure portion aligning with a second aperture in the first lid closure portion to form an air vent when the lid is in the second configuration. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide wherein the second lid closure portion comprises an aperture, the aperture in the second lid closure portion aligning with a second aperture in the first lid closure portion to form an air vent when the lid is in the second configuration in order to permit air flow that assists in the removal of liquid by the user.
18-19, 21-22. A lid according to claim 17, wherein a sealing member is disposed around an outer perimeter of the second aperture on the first lid closure portion to seal against the lower surface of the second lid closure portion; A lid according to claim 18, wherein the sealing member is disposed around an outer perimeter of the second opening on the first lid closure portion to seal against the lower surface of the second lid closure portion; A lid according to any of claim 18, wherein the sealing member is a first sealing member and wherein a second sealing member is disposed around an outer perimeter of the lower surface of the first lid closure portion to seal against a lip of a container, in use;. A lid according to claim 21, wherein the second sealing member of the first lid closure portion is formed integrally with the first sealing member of the aperture and/or the second opening. Official Notice is taken, that it is old and conventional to provide A lid according to claim 17, wherein a sealing member is disposed around an outer perimeter of the second aperture on the first lid closure portion to seal against the lower surface of the second lid closure portion; A lid according to claim 18, wherein the sealing member is disposed around an outer perimeter of the second opening on the first lid closure portion to seal against the lower surface of the second lid closure portion; A lid according to any of claim 18, wherein the sealing member is a first sealing member and wherein a second sealing member is disposed around an outer perimeter of the lower surface of the first lid closure portion to seal against a lip of a container, in use;. A lid according to claim 21, wherein the second sealing member of the first lid closure portion is formed integrally with the first sealing member of the aperture and/or the second opening. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide A lid according to claim 17, wherein a sealing member is disposed around an outer perimeter of the second aperture on the first lid closure portion to seal against the lower surface of the second lid closure portion; A lid according to claim 18, wherein the sealing member is disposed around an outer perimeter of the second opening on the first lid closure portion to seal against the lower surface of the second lid closure portion; A lid according to any of claim 18, wherein the sealing member is a first sealing member and wherein a second sealing member is disposed around an outer perimeter of the lower surface of the first lid closure portion to seal against a lip of a container, in use;. A lid according to claim 21, wherein the second sealing member of the first lid closure portion is formed integrally with the first sealing member of the aperture and/or the second opening in order to provide enhanced sealing as to help preserve the intended contents while also preventing undesired spilling.
23. A lid according to claim 1, wherein the lid comprises a skirt portion which is configured for connection to a container and, preferably wherein the skirt portion comprises a threaded portion, for example wherein the threaded portion is provided on an outer surface of the skirt portion (as in fig 3 of Terrell with threads 18, 16 on vertical portion that is a skirt).
24. A drinking vessel comprising a lid according to claim 1 and a container (24 of Terrell).
25. A drinking vessel according to claim 24, wherein the container comprises a threaded portion, for example wherein the threaded portion is provided on an inner surface of the container (as in fig 3 of Terrell).
Potentially Allowable Subject Matter
Claim 3, 8, 20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735