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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 12/7/2023. It is noted, however, that applicant has not filed a certified copy of the CN2023116779471 application as required by 37 CFR 1.55.
Oath/Declaration
Please note that the Application does not currently have an Oath filed by any of the inventors.
Drawings
The drawings are objected to because:
Fig. 3 includes reference number 44, which is supposed to show a second rim, however there does not appear to be a second rim shown in Fig. 3 where the reference is pointing to.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 66.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "32" and "28" have both been used to designate a straw connector portion.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “62” has been used to designate both a connecting portion and a straw base.
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.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0025] states that the bottom surface is shown in Fig. 8, however it is actually shown in Fig. 9. Fig. 8 is a top view.
Paragraph [0035] states “… the plug 48of the bottom lid portion…” The Examiner believes the Applicant intended to state “… the plug [[48of]] 48 of the bottom lid portion…”
Appropriate correction is required.
Claim Objections
Claim 13 is objected to because of the following informalities: Claim 13 currently depends from claim 11, however based on the configuration of the Applicant’s claims, the Examiner believes the claim is intended to depend from claim 12. Appropriate correction or clarification is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 currently states “…the lid is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat and the seal of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion and the seal plugs an opening of the straw.” This is confusing. Based on what is shown in the figures, the whole lid does not appear to move between a first direction and a second direction. Rather, the straw portion appears to be what moves between a first direction and a second direction in order to plug an opening of the straw. For the purposes of further consideration, the claim is being interpreted as stating “…the [[lid]] straw portion is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat and the seal of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion and the seal plugs an opening of the straw.” Further clarification and/or correction are required.
Claims 12 and 21 also state that the lid moves between a first direction and a second direction and have been interpreted in the same manner as claim 1 above.
Claim 4 currently states “...the plurality of openings are positioned about a plug seal formed in the bottom end of the straw connector portion.” Claim 4 depends indirectly from claim 1 which states the bottom lid portion has “a seal”. It’s unclear if the plug seal from claim 4 is intended to be the same as the seal from claim 1 or if it is a different seal. For the purposes of further examination, the plug seal is being interpreted as being the same as the seal of claim 1. Further clarification and/or correction are required.
Claim 8 currently states “… the at least one ridge extends outwardly from the base of the straw portion applying a force against a sidewall of the passageway of the top lid potion to allow the straw portion to remain in place the upward direction.” This language is confusing. The Examiner believes the claim is intended to state something along the lines of “…the at least one ridge extends outwardly from the base of the straw portion applying a force against a sidewall of the passageway of the top lid potion to allow the straw portion to remain in place after being moved in the upward direction.” For the purposes of further examination, the claim is being interpreted as the Examiner believes it was intended to be written. Further clarification and/or correction are required.
Claim 19 has the same issue as claim 8 as has been interpreted in the same manner.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10 states “The lid of claim 1, further comprising: a drinking vessel for holding a fluid.” However, “a drinking vessel for holding a fluid” does not further limit “the lid” of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-9 and 11-21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 1: Closest prior art – Harris et al. (US 2024/0023738) – teaches a lid connectable to a drinking vessel, comprising: a top lid portion (12), the top lid portion having a top surface, a bottom surface and an opening having a passageway extending between a first end and a second end; a straw portion having a base (21, 22, 19) and a straw (14) extending from the base wherein the base is positioned in the passageway of the top lid portion; and a button (13) having an opening for receiving the straw and connecting the button to the straw portion wherein the button is positioned on a top of the base of the straw portion.
However, Harris et al. does not teach a bottom lid portion having a top end, a bottom end and a sidewall defining an interior space having a straw connector portion having a channel, a seal and a seat; the top lid portion being connected to the bottom lid portion; and the straw portion is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat and the seal of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion and the seal plugs an opening of the straw.
Regarding Claim 12: Closest prior art – Harris et al. (US 2024/0023738) – teaches a lid connectable to a drinking vessel, comprising: a body having a top lid portion, a straw portion and a button, the top lid portion having a top surface, a bottom surface and an opening having a passageway extending between a first end and a second end, the straw portion has a base and a straw extending from the base wherein the base is positioned in the passageway of the top lid portion; and the button has an opening for receiving the straw and connecting the button to the straw portion wherein the button is positioned on a top of the base of the straw portion.
However, Harris et al. does not teach a bottom lid portion, wherein the bottom lid portion has a top end, a bottom end and a sidewall defining an interior space having a straw connector portion having a channel and a seat, the top lid portion is connected to the bottom lid portion, and the straw portion is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion.
Regarding Claim 21: Closest prior art – Harris et al. (US 2024/0023738) – teaches a tumbler, comprising: a drinking vessel (11) having a fluid; and a lid connected to the drinking vessel, the lid, comprising: a top lid portion having a top surface, a bottom surface and an opening having a passageway extending between a first end and a second end; a straw portion having a base and a straw extending from the base wherein the base is positioned in the passageway of the top lid portion; and a button having an opening for receiving the straw and connecting the button to the straw portion wherein the button is positioned on a top of the base of the straw portion.
However, Harris et al. does not teach a bottom lid portion having a top end, a bottom end and a sidewall defining an interior space having a straw connector portion having a channel and a seat; the top lid portion connected to the bottom lid portion, and the straw portion is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion.
Regarding Claim 1: Alternate closest prior art – Meyers et al. (US 9694953) – teaches a lid connectable to a drinking vessel, comprising: a bottom lid portion (66 and 68) having a top end, a bottom end and a sidewall defining an interior space having a straw connector portion having a channel (between 68 and 50), a seal (76) and a seat; a top lid portion (12) connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening having a passageway (16) extending between a first end and a second end; a straw portion (20 and 48) having a base (56) and a straw (50 and 20) extending from the base; and wherein the straw portion is movable between a first direction and a second direction such that in the first direction (Fig. 6C), the base of the straw portion is moved upward off of the seat and the seal of the straw connector portion of the base lid portion and in the second direction (Fig. 6A), the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion and the seal plugs an opening of the straw.
However, Meyers et al. does not teach the base is positioned in the passageway of the top lid portion; and a button having an opening for receiving the straw and connecting the button to the straw portion wherein the button is positioned on a top of the base of the straw portion.
Regarding Claim 12: Alternate closest prior art – Meyers et al. (US 9694953) – teaches a lid connectable to a drinking vessel, comprising: a body having a bottom lid portion, a top lid portion, and a straw portion, wherein the bottom lid portion has a top end, a bottom end and a sidewall defining an interior space having a straw connector portion having a channel and a seat, the top lid portion is connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening having a passageway extending between a first end and a second end, the straw portion has a base and a straw extending from the base; wherein the straw portion is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion.
However, Meyers et al. does not teach the base is positioned in the passageway of the top lid portion; and a button, and the button has an opening for receiving the straw and connecting the button to the straw portion wherein the button is positioned on a top of the base of the straw portion.
Regarding Claim 21: Alternate closest prior art – Meyers et al. (US 9694953) – teaches a tumbler, comprising: a drinking vessel (26) having a fluid; and a lid connected to the drinking vessel, the lid, comprising: a bottom lid portion having a top end, a bottom end and a sidewall defining an interior space having a straw connector portion having a channel and a seat; a top lid portion connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening having a passageway extending between a first end and a second end; a straw portion having a base and a straw extending from the base; wherein the straw portion is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion.
However, Meyers et al. does not teach the base is positioned in the passageway of the top lid portion; and a button having an opening for receiving the straw and connecting the button to the straw portion wherein the button is positioned on a top of the base of the straw portion.
Regarding Claim 1: Alternate closest prior art – Spivey et al. (US 2019/0375559) – teaches a lid (100) connectable to a drinking vessel, comprising: a bottom lid portion having a top end, a bottom end and a sidewall defining an interior space having a straw connector portion having a channel; a top lid portion connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening having a passageway extending between a first end and a second end; a straw portion (810) having a base and a straw extending from the base wherein the base is positioned in the passageway of the top lid portion; and a button (120) having an opening for receiving the straw and connecting the button to the straw portion.
However, Spivey et al. does not teach the bottom lid portion having a seal and a seat; and the button is positioned on a top of the base of the straw portion wherein the straw portion is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat and the seal of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion and the seal plugs an opening of the straw.
Regarding Claim 12: Alternate closest prior art – Spivey et al. (US 2019/0375559) – teaches a lid connectable to a drinking vessel, comprising: a body having a bottom lid portion, a top lid portion, a straw portion and a button, wherein the bottom lid portion has a top end, a bottom end and a sidewall defining an interior space having a straw connector portion having a channel, the top lid portion is connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening having a passageway extending between a first end and a second end, the straw portion has a base and a straw extending from the base wherein the base is positioned in the passageway of the top lid portion; and the button has an opening for receiving the straw and connecting the button to the straw portion.
However, Spivey et al. does not teach the bottom lid portion having a seat; and the button is positioned on a top of the base of the straw portion wherein the straw portion is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion.
Regarding Claim 21: Alternate closest prior art – Spivey et al. (US 2019/0375559) – teaches a tumbler, comprising: a drinking vessel (800) having a fluid; and a lid connected to the drinking vessel, the lid, comprising: a bottom lid portion having a top end, a bottom end and a sidewall defining an interior space having a straw connector portion having a channel; a top lid portion connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening having a passageway extending between a first end and a second end; a straw portion having a base and a straw extending from the base wherein the base is positioned in the passageway of the top lid portion; and a button having an opening for receiving the straw and connecting the button to the straw portion.
However, Spivey et al. does not teach the bottom lid portion having a seat; and the button is positioned on a top of the base of the straw portion wherein the straw portion is movable between a first direction and a second direction such that in the first direction, the base of the straw portion is moved upward off of the seat of the straw connector portion of the base lid portion and in the second direction, the base of the straw portion is moved downward to sit on the seat of the straw connector portion of the base lid portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Further pertinent prior art includes but is not limited to that which is listed in the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER CASTRIOTTA whose telephone number is (571)270-5279. The examiner can normally be reached Monday - Friday 9am-5pm.
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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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/JENNIFER CASTRIOTTA/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733