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 .
The amendment filed on 7/20/2026 has been entered.
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.
Claims 1-3 and 5-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tolman (US 2018/0105346).
Regarding claim 1, Tolman discloses a removable straw cover for a drinking straw (fig.1-15), comprising: a body (108) configured to fit snugly (via 124) over an open end of the drinking straw (122), the body having a first end and a second end, wherein the first end includes a sealing surface adapted to engage with an outer surface of the drinking straw to create a fluid-tight seal (see fig.2); a closure portion (111) at the second end of the body adapted to fully cover the open end of the drinking straw, (see fig.2) thereby preventing spillage of liquid from the drinking straw when not in use; and a magnetic element disposed within the removable straw cover against an inside of the closure portion at the second end (via 111, see also [0028], 111 is covered by polymer mold), the magnetic element being adapted to magnetically attach the removable straw cover to a magnetically attractive element (114) disposed on or within a beverage container or a lid of the beverage container in which the drinking straw is used ([0030]).
Regarding claim 2, Tolman discloses the body comprises a flexible, resilient material that allows repeated attachment and detachment from the drinking straw without loss of sealing integrity ([0030-[0031]], [0028]).
Regarding claim 3, Tolman discloses the flexible, resilient material includes silicone, rubber, or a thermoplastic elastomer ([0031]).
Regarding claim 5, Tolman discloses the magnetic element is encased within a protective enclosure integrated into the closure portion to prevent contact with a liquid stored in the beverage container and protect the magnetic element from corrosion ([0028]).
Regarding claim 6, Tolman discloses the sealing surface of the first end includes one or more circumferential ribs or grooves adapted to enhance the fluid-tight seal between the removable straw cover and the drinking straw (see grooves inside 108 in fig.4).
Regarding claim 7, Tolman discloses a grip portion integrated into the body to facilitate manual attachment and detachment of the removable straw cover from the drinking straw ([0042], via 142a-c).
Regarding claim 8, Tolman discloses the grip portion comprises one or more raised ridges, textured surfaces, or tabs to improve a user’s grip during attachment and detachment (see shape of 142a-c in fig.8).
Regarding claim 9, Tolman discloses a removable straw cover for a drinking straw (fig.1-15), comprising: a body (108) configured to fit snugly (via 124) over an open end of the drinking straw (122), the body having a first end and a second end, wherein the first end includes a sealing surface adapted to engage with an outer surface of the drinking straw to create a fluid-tight seal (see fig.2); a closure portion (111) at the second end of the body adapted to fully cover the open end of the drinking straw, thereby preventing spillage of liquid from the drinking straw when not in use (see fig.2); and a first magnetically attractive element (111) disposed within the removable straw cover against an inside of the closure portion at the second end ([0028]), the first magnetically attractive element being adapted to magnetically attach the removable straw cover to a second magnetically attractive element disposed on or within a beverage container or a lid of the beverage container in which the drinking straw is used (111 on 114, [0030]).
Regarding claim 10, Tolman discloses the first magnetically attractive element is a magnet ([0030]).
Regarding claim 11, Tolman discloses the second magnetically attractive element is a ferromagnetic surface ([0028-0030]).
Regarding claim 12, Tolman discloses the second magnetically attractive element is a magnet ([0028-0030]).
Regarding claim 13, Tolman discloses the magnetically attractive element is a ferromagnetic surface ([0028-0030]).
Regarding claim 14, Tolman discloses the second magnetically attractive element is a magnet ([[0028-0030]).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tolman (US 2018/0105346) in view of Heraud (US 2016/0176587).
Tolman is silent in disclosing the magnetic element is a neodymium magnet to provide a strong magnetic attachment to the magnetically attractive element on or within the beverage container or the lid thereof. However, Heraud teaches the commonality of having a magnetic element that is a neodymium magnet to provide a strong magnetic attachment to the magnetically attractive element on or within the beverage container or the lid thereof (16 on body 14). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the magnet of Tolman to a neodymium magnet as taught by Heraud, in order to minimize the environmental interaction of the magnets ([0042], see Heraud).
Claims 1, 9 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seiders (US 2019/0039791).
Regarding claim 1, Seiders discloses a removable straw cover for a drinking straw (fig.1-15), comprising: a body (308) configured to fit snugly over an open end of the drinking straw (310), the body having a first end and a second end, wherein the first end includes a sealing surface adapted to engage with an outer surface of the drinking straw to create a fluid-tight seal (see fig.4); a closure portion (136) at the second end of the body adapted to fully cover the open end of the drinking straw, (see top surface of 308) thereby preventing spillage of liquid from the drinking straw when not in use (fig.4); and a magnetic element disposed within the removable straw cover against an inside of the closure portion at the second end ([0058]), the magnetic element being adapted to magnetically attach the removable straw cover to a magnetically attractive element (131) disposed on or within a beverage container or a lid of the beverage container in which the drinking straw is used ([0058]).
Regarding claim 9, Seiders discloses a removable straw cover for a drinking straw (fig.1-15), comprising: a body (308) configured to fit snugly over an open end of the drinking straw (310), the body having a first end and a second end, wherein the first end includes a sealing surface adapted to engage with an outer surface of the drinking straw to create a fluid-tight seal (see fig.4); a closure portion (136, see fig.8) at the second end of the body adapted to fully cover the open end of the drinking straw (see fig.4, thereby preventing spillage of liquid from the drinking straw when not in use (see fig.4); and a first magnetically attractive element disposed within the removable straw cover against an inside of the closure portion at the second end ([0058]), the first magnetically attractive element being adapted to magnetically attach the removable straw cover to a second magnetically attractive element (131) disposed on or within a beverage container or a lid of the beverage container in which the drinking straw is used ([0058]).
Regarding claim 15, Seiders discloses a beverage container system (fig1-15), comprising: a removable straw cover (308) for a drinking straw (310), the removable straw cover comprising: a body (see fig.8) configured to fit over an open end of the drinking straw (see fig.4), the body having a first end and a second end (see fig.8), wherein the first end includes a sealing surface adapted to engage with an outer surface of the drinking straw to create a fluid-tight seal (see fig.4), a closure portion (136) at the second end of the body adapted to fully cover the open end of the drinking straw (see fig.4), thereby preventing spillage of liquid from the drinking straw when not in use (fig.4), and a magnetically attractive element disposed within the removable straw cover against an inside of the closure portion at the second end ([0058]); and a lid (104) for a beverage container, the lid comprising: a top surface adapted to cover an opening of the beverage container (see fig.4), and one or more magnetically attractive elements embedded within or disposed under the top surface of the lid ([0058]), the one or more magnetically attractive elements being adapted to magnetically engage with the magnetically attractive element of the removable straw cover, thereby allowing the removable straw cover to be stowed on the lid when the removable straw cover is not in use (see fig.6, 130, 131, 308).
Regarding claim 16, Seiders discloses the one or more magnetically attractive elements within the lid are configured as a magnetic ring, embedded around an opening of the lid, to ensure secure attachment of the removable straw cover in multiple orientations (see shape of 131).
Regarding claim 17, Seiders discloses the one or more magnetically attractive elements within the lid comprises a magnetic ring (see fig.7).
Regarding claim 18, Seiders discloses the lid further comprises a recess or an indentation on the top surface to receive the removable straw cover, providing a designated stow location for the removable straw cover (see 131 in fig.6)
Regarding claim 19, Seiders discloses the lid is comprised of a non-magnetic material, and the one or more magnetically attractive elements are embedded within an interior layer of the lid to maintain a smooth external surface ([0058], see fig.7-8).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Seiders (US 2019/0039791) in view of Lin (US 12,096,878).
Seiders is silent in disclosing the drinking straw adapted to extend through or couple with an opening in the lid. However, Lin teaches the commonality of having a straw (2) adapted to extend through or couple with an opening in the lid ( see opening in lid 4). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add a straw as taught by Lin to the opening of Seiders, in order to drink the beverage conveniently.
Response to Arguments
Applicant's arguments filed on 7/20/2026 have been fully considered but they are not persuasive. Regarding claims 1, 4, 9, 15 and 20, Applicant argues that both Tolman (US 2018/0105346) and Seiders (US 2019/0039791) as cited in the Non-Final office action (dated 5/29/2026) do not discloses “a removable straw cover for "a drinking straw," comprising a body configured to fit snugly over an open end of "the drinking straw," wherein the body includes a sealing surface adapted to engage with "an outer surface of the drinking straw to create a fluid-tight seal”. Regarding “a drinking straw” applicant is advised to define “the drinking straw” in accordance to the applicant disclosed specification. See paragraph [0018]:
“The lid 102 also comprises a magnetic element 112 and a straw mechanism 114 with an opening through which a user is able to insert a straw 116 to drink fluids stored within the beverage container assembly 100. The straw 116 comprises an outer surface 117 with an open end 118, the open end 118 referring to the top portion of the straw 116 that remains exposed for the user to drink from. This open end 118 allows the user to access the liquid within the beverage container assembly 100 by creating a pathway for the fluid to travel when suction is applied.”
In the absent of defining the structure of “a drinking straw” the spout or nozzles of Tolman and Seiders performs the cited limitation of the claims. In order to overcome the prior arts applicant is advised to consider paragraph [0018] of the specification with regard to the drinking straw. Further, regarding the limitation “a body configured to fit snugly over an open end of the drinking straw”, the term “snugly” could have many interpretations. The dictionary meaning of the of the “snugly” may also refer to any threaded and or barbed coupling between parts. On the contrary, the term “friction fit” may not imply to *threaded or barbed” connections. Therefore, both Tolman and Seiders properly address the claimed limitation. In order to overcome the prior arts of the record, Applicant is advised to consider paragraph [0022] of the specification:
“the removable straw cover 120 can remain securely in place with a friction fit to create a fluid-tight seal and prevent spillage of liquid from the straw 116 while the straw 116 is not being used for drinking.”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754
