DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Claims 15-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/10/26.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-14 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Wengrovsky (U.S. Patent No. 7428864).
Regarding Claim 1, Wengrovsky discloses a receptacle system comprising: a cup 112 (Figure 22) configured to hold consumable items; and a lid assembly 111/114/117 (Figure 22) having an upper lid 111 (figure 22) and a lower lid 114 (Figure 22) that cooperate to provide dispensing of the consumable items from the cup and further provide a holding chamber for disposable items 114 (figure 22), the lower lid includes a surface (portion around base of 116, figure 22) and a barrier wall 116 (Figure 22) for maintaining the disposable items separate from the consumable items.
Regarding Claim 2, Wengrovsky discloses the upper lid includes an upper lid aperture (aperture under cap 116b, figure 22) and the lower lid includes a lower lid aperture (top opening in chute 116; Figure 22).
Regarding Claim 3, Wengrovsky discloses the upper lid aperture aligns with the lower lid aperture for dispensing of the consumable items from the cup (figure 21 and 22).
Regarding Claim 4, Wengrovsky discloses the upper lid includes a dome portion (Figure 22, slightly sloped dome).
Regarding Claim 5, Wengrovsky discloses the upper lid includes an aperture for receiving the disposable items (opening that 113 closes figure 21).
Regarding Claim 6, Wengrovsky discloses the barrier wall is a curved wall (Figure 22).
Regarding Claim 7, Wengrovsky discloses the upper lid is mechanically connectable and removable from the lower lid (threads, figure 21 and 22).
Regarding Claim 8, Wengrovsky discloses a lid assembly 111/114/117 (figure 21 and 22) comprising: an upper lid 111 (Figure 22); and a lower lid 114 (figure 22) that cooperates to provide dispensing of a plurality of consumable items from a receptacle (figure 21), the upper lid and lower lid form a holding chamber 117 (figure 21) for a plurality of disposable items, the lower lid includes a surface (portion around base of 116, figure 22) and a barrier wall 116 (Figure 22) for maintaining the disposable items separate from the consumable items.
Regarding Claim 9, Wengrovsky discloses the upper lid includes an upper lid aperture (opening under 116b; figure 22) and the lower lid includes a lower lid aperture (upper opening of 116, figure 22).
Regarding Claim 10, Wengrovsky discloses the upper lid aperture aligns with the lower lid aperture for dispensing of the consumable items from the cup (Figure 21 and 22).
Regarding Claim 11, Wengrovsky discloses the upper lid includes a domed portion (figure 22, slight slope of the upper lid surface.
Regarding Claim 12, Wengrovsky discloses the upper lid includes an aperture for receiving the disposable items (opening 113 closes, figure 21).
Regarding Claim 13, Wengrovsky discloses the barrier wall is a curved wall (Figure 22).
Regarding Claim 14, Wengrovsky discloses the upper lid is mechanically connectable and removable from the lower lid (threads, figure 22).
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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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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/ELIZABETH J VOLZ/Examiner, Art Unit 3733