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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “A rotating multifunctional handle for a cup, comprising a cup body and a handle” in line 1. It is unclear whether the claim is directed to just the handle, or to the cup comprising a handle. The preamble appears to be directed to only the handle, but the cup body is recited as a limitation. For purposes of examination, this limitation will be interpreted as “A cup having a rotating multifunctional handle, comprising a cup body and a handle.”
Claim 2 recites “an upper end of the handle” in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the “upper end of the handle” recited in claim 1 at lines 2-3, or something else. For purposes of examination, this limitation will be interpreted as “the upper end of the handle.”
Claim 2 recites “a plurality of positioning grooves” in line 5. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the same “plurality of positioning grooves” recited in claim 1 at line 5, a subset of the positioning grooves recited in claim 1, or something else. For purposes of examination, this limitation will be interpreted as “the plurality of positioning grooves.”
Claim 2 recites “at least one positioning convex point” in line 6. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the same “at least one positioning convex point” recited in claim 1 at line 6, or something else. For purposes of examination, this limitation will be interpreted as “the at least one positioning convex point.”
Claim 3 recites “the annular groove” in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the “annular clamping groove” recited at line 6, or something else. For purposes of examination, this limitation will be interpreted as “the annular clamping groove.”
Claim 4 recites “at least one positioning convex point” in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the same “at least one positioning convex point” recited in claim 1 at line 6, or something else. For purposes of examination, this limitation will be interpreted as “the at least one positioning convex point.”
Claim 7 recites “exposing from a head of the screw” in line 4. It is unclear what “from a head” means. For purposes of examination, this limitation will be interpreted as “exposing a head of the screw.”
Claim 10 recites “a lower end portion of the handle” at line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the same “lower end portion of the handle” recited in claim 1 at line 13, or something else. For purposes of examination, this limitation will be interpreted as “the lower end portion of the handle.”
Claims 2-10 are also rejected through their dependence on a rejected parent claim (details above).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 6, 7, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 2024/0409271 to Liu et al. (hereinafter, “Liu”) in view of U.S. Pub. 2023/0322444 to Petre et al. (hereinafter, “Petre”).
Regarding claim 1, Liu discloses a rotating multifunctional handle for a cup (handle assembly, see Fig. 7), comprising a cup body (cup body 1, Fig. 7) and a handle (handle 2, Fig. 7), characterized in that a connecting seat (fixed shaft 3, Fig. 7) is fixedly arranged on a side wall of the cup body (cup body 1, Fig. 7); an upper end (upper end 2-1, Fig. 7) of the handle (handle 2) is rotatably connected to the connecting seat (fixed shaft 3; see para. [0037]); a rotating member (button 6, Fig. 7) is installed between the handle (handle 2) and the connecting seat (fixed shaft 3, see Fig. 11) and is driven by the handle to rotate together (see e.g., Figs. 19-20); one of the connecting seat and the rotating member (connecting seat –fixed shaft 3) is provided with a plurality of positioning grooves (sliding chutes 3-5, Figs. 8, 16) arranged in a circle (see Figs. 8, 16), while the other (rotating member – button 6) is provided with at least one positioning convex point (button protrusions 6-4, Fig. 8) that is matched with the positioning grooves (see Fig. 8; para. [0039]); and the positioning convex point (button protrusions 6-4) is clamped into one positioning groove (para. [0039]) to lock relative rotation between the handle (handle 2) and the connecting seat (fixed shaft 3, para. [0039]), wherein when the handle (handle 2) rotates relative to the connecting seat (fixed shaft 3) under external force (para. [0039]), wherein the positioning convex point (button protrusions 6-4) sequentially jumps and shifts along the circle of positioning grooves (sliding chutes 3-5, para. [0039]), thereby positioning the handle (handle 2) in either a first position (grip position shown in Fig. 17) or a second position (lifting yoke position shown in Fig. 18); when the handle (handle 2) is in the first position (grip position), a lower end portion (lower end 2-2, Fig. 7) of the handle (handle 2) rotates to a low position (see Fig. 17) and is located on one side of the cup body (cup body 1, see Fig. 17), serving as a handgrip for the cup body (see Fig. 17); and when the handle (handle 2) is in the second position (lifting yoke position, Fig. 18), the lower end portion (lower end 2-2, Fig. 18) of the handle (handle 2) rotates to a high position (see Fig. 18) and is located above the cup body (cup body 1, see Fig. 18), serving as a lifting handle for the cup body (para. [0044]).
Liu does not expressly disclose the positioning convex point and the positioning groove compress against each other which causes elastic deformation allow the positioning convex point to sequentially jump and shift along the circle of positioning grooves.
Petre teaches a similar rotating multifunctional handle for a cup comprising a cup body (vessel body 12, Fig. 5) and a handle (handle member 22, Fig. 5). Petre teaches a connecting seat (attachment plate 40, Fig. 5) on a side wall of the cup body (vessel body 12) and an upper end of the handle is rotatably connected to the connecting seat (see Fig. 5). Petre teaches a rotating member (vessel engaging surface 30, Fig. 5) between the handle (handle member 22) and the connecting seat (attachment plate 40). Petre teaches a plurality of positioning grooves arranged in a circle (positioning detents 44, Fig. 5) on the connecting seat (attachment plate 40, Fig. 5) and a positioning convex point (engaging mechanism 32, Fig. 5) clamped into one positioning groove (positioning detent 44) to lock relative rotation between the handle and the connecting seat (paras. [0031]-[0033]). Petre teaches that when the handle (handle member 22) rotates relative to the connecting seat (attachment plate 40) under external force (paras. [0033]-[0034]), the positioning convex point (engaging mechanism 32) and positioning groove (positioning detent 44) compress against each other (paras. [0033]-[0034]), which causes elastic deformation to allow the positioning convex point to sequentially jump and shift along the circle of positioning grooves to thereby position the handle in a first or second position (paras. [0033]-[0034]). Petre teaches that this compressible convex point is “generally known” in the field (para. [0030]). Petre further teaches that this arrangement provides a rotating handle that is easy to rotate while also being firm in its intended positions (para. [0004]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the rotating handle of Liu to have the positioning convex point compress against the positioning groove to cause elastic deformation allowing the positioning convex point to sequentially shift along the positioning grooves as taught by Petre for the purpose of providing a rotating mechanism that is easy to rotate while also being firm in its intended positions, as recognized by Petre (para. [0004]), and because it is no more than a simple substitution of one rotating arrangement for another that is known in the art for the intended use of rotating a handle on a cup between discrete positions and would only produce predictable results (MPEP 2143(I)(B)).
Regarding claim 6, Liu further discloses the connecting seat (fixed shaft 3) is detachably connected to the cup body (cup body 1, see Figs. 7-8); a fixed connecting member (cup protrusion 1-1, Fig. 7) is fixed to the side wall of the cup body (cup body 1, see Figs. 7-8); an assembly hole (inner hole 3-4, Fig. 8) is formed in the connecting seat (fixed shaft 3); and a screw (para. [0039], see also Figs. 11-16) penetrates through the assembly hole (inner hole 3-4) to be connected with the fixed connecting member (cup protrusion 1-1, Fig. 11; para. [0039]).
Regarding claim 7, Liu further discloses the connecting seat (fixed shaft 3), the rotating member (button 6), and the handle (handle 2) are connected to form a whole body (see Fig. 11).
Liu does not expressly disclose a disassembly hole is formed in the handle for tool insertion; and a center hole, opposite to the disassembly hole, is formed in the rotating member, exposing from a head of the screw for tool disassembly.
Petre further teaches a disassembly hole (aperture 23, Fig. 5) is formed in the handle for tool insertion (see Fig. 5). Petre teaches a center hole (portions 21A, 21B, Fig. 6A) opposite to the disassembly hole is formed in the rotating member (vessel engaging surface 30), exposing a head of a screw (rivet 26, Fig. 5) for tool disassembly (paras. [0029], [0032]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the rotating handle of Liu to add a disassembly hole in the handle and a center hole in the rotating member for exposing a head of the screw as taught by Petre for the purpose of permitting tool disassembly.
Regarding claim 9, Liu further discloses the handle (handle 2) rotates 180 degrees relative to the cup body (see Figs. 19-20), thereby switching the handle (handle) from the first position (grip position, Fig. 17) to the second position (lifting yoke position, Fig. 18).
Regarding claim 10, Liu further discloses the rotating center line (line through cup protrusion 1-1 and fixed shaft 3 shown in Figs. 17-18) of the handle (handle 2) is oriented obliquely upward (Figs. 17-18; para. [0037]), and a lower end portion (lower end 2-2) of the handle (handle 2) is bent inward (see Fig. 17), ensuring that when the handle (handle 2) is in the second position (lifting yoke position in Fig. 18), the lower end portion (lower end 2-2) of the handle (handle 2) is located right above the cup body (cup body 1, see Fig. 18).
Allowable Subject Matter
Claims 2-5 and 8 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, neither Liu nor Petre discloses a groove is formed in the connecting seat, a limiting groove is formed in an upper end of the handle, one end of the rotating member is inserted into the limiting groove to form a snap connection, allowing the rotating member and the handle to rotate together, and the other end of the rotating member is inserted into the groove as claimed. Liu teaches the rotating member inserted into the handle and engaging the connecting seat via a bayonet-style connection rather than a snap connection. Petre teaches the rotating member is integral with the handle and secured to the connecting seat via threaded connection. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Liu or Petre to have such an arrangement in combination with the other claim elements without hindsight.
Regarding claim 8, neither Liu nor Petre discloses an opening groove is formed in one side of the connecting seat and the fixed connecting member is enclosed within the opening groove as claimed. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Liu or Petre to have such an arrangement in combination with the other claim elements.
Claims 3-5 would be allowable based on their dependency from claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Pat. 6,140,812 to Russell et al. discloses a rotating handle assembly comprising a connecting seat with a plurality of positioning grooves arranged in a circle and a rotating member with a convex point clamped into a positioning groove (see e.g., Figs. 1-4).
CN-116919131 to Zhou et al. discloses a rotating handle assembly for a cup, wherein the rotating center line of the handle is oriented obliquely upward (see e.g., Figs. 1-12).
U.S. Pat. 9,492,034 to Pan discloses a rotating handle assembly comprising a connecting seat with a plurality of positioning grooves and a rotating member with a convex point clamped into a positioning groove (see e.g., Figs. 1-5).
U.S. Pub. 2013/0240551 to Peacock discloses a rotating handle assembly for a cup, comprising a fixed connecting member fixed to the side of the cup body (see Figs. 1-25).
U.S. Pat. 5,823,385 to Cautereels discloses a rotating handle assembly for a cup, where the rotating member is connected to the connecting seat via a snap fit and the rotating center line of the handle is oriented obliquely upward (see Figs. 1-11).
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/LAURA E. PARKER/Examiner, Art Unit 3733