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 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.
Claim(s) 1-3, 5, 6, 9-13, 15, 16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Groppo (U.S. Pub. No. 20050242102).
Regarding Claim 1, Groppo discloses a cup 1 (Figure 1), the cup having a cup body 4 (Figure 1) and a cup opening 6 (Figure 1), the cup opening having a cup rim 8 (Figure 1); wherein: the cup opening has a front side, a rear side, and a left area and a right area located between the front side and the rear side (Figure 1 and 2); at least the front and rear cup rims of the cup opening are everted cup rims (Figure 1), and an everted angle of the front cup rim is greater than an everted angle of the rear cup rim (Figure 1).
Regarding Claim 2, Groppo discloses the left area cup rim also has an everted angle, the everted angle of the left area cup rim changes progressively (figure 2), the everted angle progressively decreases from the front side toward the rear side of the cup opening (Figure 1 and 2).
Regarding Claim 3, Groppo discloses the right area cup rim also has an everted angle (Figure 2), the everted angle changes progressively (Figure 2), progressively decreasing from the front side toward the rear side of the cup opening (Figure 1 and 2).
Regarding Claim 5, Groppo discloses the front cup rim of the cup opening has a longest outward extending length (Figure 1).
Regarding Claim 6, Groppo discloses the rear cup rim of the cup opening has a shortest outward extending length (Figure 1); outward extending lengths of the cup rim of the left area of the cup opening decrease progressively from the front side toward the rear side (Figure 1 and 2); outward extending lengths of the cup rim of the right area of the cup opening decrease progressively from the front side toward the rear side (Figure 1 and 2).
Regarding Claim 9, Groppo discloses a cup 1 (Figure 1), the cup having a cup body 4 (Figure 1) and a cup opening 6 (figure 1), the cup opening having a cup rim 8 (Figure 1); wherein: the cup opening has a front side, a rear side, a left area and a right area (Figure 1 and 2), and the left area and the right area are respectively located between the front side and the rear side (Figure 2 and 3); at least the front, the left area and the right area cup rims of the cup opening are everted cup rims (Figure 1 and 2), the front cup rim has a front everted angle (Figure 1); the left area cup rim has at least one left area everted angle (Figure 1); the right area cup rim has at least one right area everted angle (Figure 1); the front everted angle, the at least one left area everted angle and the at least one right area everted angle form at least two different angles (Figure 1 and 2).
Regarding Claim 10, Groppo discloses the rear cup rim of the cup opening has a rear everted angle (Figure 1), and the rear everted angle is the smallest everted angle of the cup opening (Figure 1).
Regarding Claim 11, Groppo discloses the front everted angle is the largest everted angle (Figure 1); angle values of the at least one left area everted angle and the at least one right area everted angle are between that of the front everted angle and the rear everted angle (Figure 1 and 2).
Regarding Claim 12, Groppo discloses the left area of the cup opening comprises: a left front side, a left side and a left rear side of the cup opening; the right area of the cup opening comprises: a right front side, a right side and a right rear side of the cup opening; the at least one left area everted angle comprises any one of or all of everted angles formed by the cup rim at the left front side, the left side and the left rear side (Figure 1 and 2); the at least one right area everted angle comprises any one of or all of everted angles formed by the cup rim at the right front side, the right side and the right rear side (Figure 1 and 2).
Regarding Claim 13, Groppo discloses angle values of everted angles of the cup rim at the left front side, the left side and the left rear side change continuously (Figure 1 and 2); angle values of everted angles of the cup rim at the right front side, the right side and the right rear side change continuously (Figure 1 and 2).
Regarding Claim 15, Groppo discloses the front cup rim of the cup opening has a longest outward extending length (Figure 1).
Regarding Claim 16, Groppo discloses the rear cup rim of the cup opening has a shortest outward extending length (Figure 1); outward extending lengths of the cup rim of the left area of the cup opening decrease progressively from the front side toward the rear side (Figure 1 and 2); outward extending lengths of the cup rim of the right area of the cup opening decrease progressively from the front side toward the rear side (Figure 1 and 2).
Regarding Claim 18, Groppo discloses a cup 1 (Figure 1), the cup having a cup body 4 (Figure 1) and a cup opening 6 (Figure 1), the cup opening having a cup rim 8 (Figure 1); wherein: the cup opening has different positions of a front side, a rear side, a left side, a right side, a left front side, a left rear side, a right front side and a right rear side (Figure 1 and 2); the cup opening has at least two everted cup rims at least two of the different positions (Figure 1 and 2), and the cup rim of the cup opening forms at least two different everted angles (Figure 1 and 2); the at least two different positions are any combinations of said different positions (Figure 1 and 2).
Regarding Claim 19, Groppo discloses the front cup rim of the cup opening has a longest outward extending length (Figure 1).
Regarding Claim 20, Groppo discloses the rear cup rim of the cup opening has a shortest outward extending length (Figure 1); outward extending lengths of the cup rim of the left area of the cup opening decrease progressively from the front side toward the rear side (Figure 1 and 2); outward extending lengths of the cup rim of the right area of the cup opening decrease progressively from the front side toward the rear side (Figure 1 and 2).
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) 4, 7, 8, 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Groppo (U.S. Pub. No. 20050242102).
Regarding Claims 4, 8 and 14, Groppo teaches all the limitations substantially as claimed except for a longitudinal direction is provided from the cup opening of the cup to a bottom of the cup, based on the longitudinal direction, the everted angle of the front cup rim ranges from 30-70 degrees; the everted angle of the rear cup rim ranges from 0-15 degrees; an everted angle of the left area cup rim ranges from 5-70 degrees; an everted angle of the right area cup rim ranges from 5-70 degrees and a width of the cup opening is between 4 cm and 14 cm. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the above since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. MPEP 2144.05(III)(c)
Regarding Claim 7 and 17, Groppo teaches all the limitations substantially as claimed except for a peripheral wall of the cup body is formed by a plurality of spiral sheets arranged and joined together in an annular manner. However, it would have been an obvious matter of design choice to have the above since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04(IV)(B).
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733
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