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 .
Election/Restrictions
It is noted that the claims as presented are directed to a product and method. As currently presented, the method is the assembly of the product and its examination in conjunction with the product does not represent a serious burden at this time; therefore, no restriction is required. However, if subsequent amendments to the claims result in diverging subject matter and searches between the claimed inventions, the examiner reserves the right to restrict at that time. The Office also notes that when the prior art device is the same as a device described in the specification for carrying out the claimed method it can be assumed the device will inherently perform the claimed process, In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). The Office further specifically notes the following in the event that a restriction is required in the future: “All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.”
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the flaps of claim 10 must be shown and identified via reference number or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-4, 7-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20210282585 A1) in view of Omdahl (US 20230029205 A1).
Lee discloses:
1. A container lid (figs 1-6) comprising: a base defining a base receiver centrally disposed in the base (adjacent 11 with hole within as shown in below figure), and a drinking opening off-center in the base (adjacent 13); and a cover defining a straw opening (17 with opening aligned vertically with “13” in fig 2, but not always aligned), wherein the cover comprises: a catch rotatably disposed in the receiver (in below figure); wherein the cover is rotatably positionable in a first position with alignment with the drinking opening, and wherein the cover is rotatably positionable in a second position with misalignment with the drinking opening (capable of performing the above intended use, such by rotation of 17 by closing in the first position and opening in the second).
The Office notes that Lee discloses a gasket defining a slit aligned with the straw opening for receiving a straw (14) but that the element is within the base and not the cover. Omdahl discloses similar art with the gasket comprising a slit within the cover (300). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Lee in view of Omdahl (by replacing the existing structure so that the cover comprises the gasket with slit) in order to secure the gasket in place with an element to help prevent accidental dislodgement of the gasket and into the desired contents.
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The Combined Reference discloses :
2. The container lid of claim 1, wherein when the cover is in the second position, the drinking opening is exposed (Lee when openings align).
3. The container lid of claim 1, wherein the gasket comprises a head, a tail, and a base connecting the head and the tail, wherein the head defines the slit (Omdahl head adjacent end with 303 and tail at opposite end adjacent 306 with base between elements).
4. The container lid of claim 3, wherein the head and the tail are substantially coplanar and disposed in a first plane and wherein the base is disposed in a second plane non-coplanar to the first plane (the lower surface of the above elements are coplanar as shown for example in fig 8 in Omdahl).
7. The container lid of claim 3, wherein the base comprises an upper surface and the cover defines a lower surface (base top side and cover bottom side).
With respect to 8, 9, wherein the upper surface of the base at least partially defines a first receptor and a second receptor and wherein the cover comprises a detent extending from the lower surface of the cover, wherein when the cover is in the first position, the detent is engaged with the first receptor and wherein when the cover is in the second position, the detent is engaged with the second receptor, Official Notice is taken, that it is old and conventional to provide wherein the upper surface of the base at least partially defines a first receptor and a second receptor and wherein the cover comprises a detent extending from the lower surface of the cover, wherein when the cover is in the first position, the detent is engaged with the first receptor and wherein when the cover is in the second position, the detent is engaged with the second receptor. 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 upper surface of the base at least partially defines a first receptor and a second receptor and wherein the cover comprises a detent extending from the lower surface of the cover, wherein when the cover is in the first position, the detent is engaged with the first receptor and wherein when the cover is in the second position, the detent is engaged with the second receptor in order to provide additional alignment structure to guide the device in rotation.
10. The container lid of claim 1, wherein the gasket comprises a plurality of deflectable flaps (protruding portions of Omdahl such as shown in fig 7).
11. The container lid of claim 1, further comprising an O-ring disposed around the catch. Official Notice is taken, that it is old and conventional to provide an O-ring disposed around the catch. 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 an O-ring disposed around the catch in order to provide enhanced secure attachment with additional sealing protection from the elements.
12. The container lid of claim 1, wherein the base receiver defines a plurality of vent channels (other openings in fig 2 of Lee).
13. The container lid of claim 12, wherein the cover covers the plurality of vent channels when in the first position and in the second position (as shown in fig 2 with cover is placed on Lee).
14. The container lid of claim 3, wherein the cover is positionable in a third position where the tail is aligned with the drinking opening and wherein when the cover is in the second position, the tail is mis-aligned with the drinking opening (capable of performing the above intended use).
Re claims 15, 16, wherein an upper surface of the base at least partially defines a first receptor, a second receptor, and a third receptor, and wherein the cover comprises a detent extending from a lower surface of the cover, , wherein: when the cover is in the first position, the detent is engaged with the first receptor; when the cover is in the second position, the detent is engaged with the second receptor; and. when the cover is in the third position, the detent is engaged with the third receptor. Official Notice is taken, that it is old and conventional to provide wherein an upper surface of the base at least partially defines a first receptor, a second receptor, and a third receptor, and wherein the cover comprises a detent extending from a lower surface of the cover, , wherein: when the cover is in the first position, the detent is engaged with the first receptor; when the cover is in the second position, the detent is engaged with the second receptor; and. when the cover is in the third position, the detent is engaged with the third receptor. 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 an upper surface of the base at least partially defines a first receptor, a second receptor, and a third receptor, and wherein the cover comprises a detent extending from a lower surface of the cover, , wherein: when the cover is in the first position, the detent is engaged with the first receptor; when the cover is in the second position, the detent is engaged with the second receptor; and. when the cover is in the third position, the detent is engaged with the third receptor in order to provide additional alignment structure to guide the device in rotation.
17. A beverage container comprising the container lid of claim 1 (Lee figure 5).
Re: claims 18-20, as discussed above, the applied prior art teaches the product as claimed. To the extent that the claimed product performs the claimed method, the prior art product performs the method steps, as claimed.
Potentially Allowable Subject Matter
Claim 5, 6 is objected to as being dependent upon a rejected base claim, but would be potentially allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The Office further suggests that Applicant include the same structure of claims 1, 3-6 within claim 18.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735