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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the solution contained within a cavity between the outer wall portion and the inner wall portion as claimed in claim 1, lines 5-6 and the outer wall portion and the inner wall portion define a cavity as claimed in claim 15, line 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
The Office suggests that applicant add a text box to one of the drawing figures to add the subject matter which is not shown.
Claim Interpretation
Note that the element defined as “an outer wall portion” is element 116 for claim 1 and its dependents (note that the Office is bound to interpret claims in light of the specification), while the element defined as “an outer wall portion” is element 120 for claim 15 and its dependents because claim 15, line 5 states that an outer wall portion opposite to the inner surface of the outer receptacle 106.
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 10 is 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 10 has been canceled.
Claim 11 depends from canceled claim 10.
Claim 11 is incomplete.
Claim 11 is indefinite because the meets and bounds of claim 11 can’t be accurately determined as claim 11 should depend from some claim that is not canceled.
Claim Rejections - 35 USC § 102
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 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, 8-9 and 11 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Niebolte (US 8621885).
Niebolte discloses a temperature-regulation receptacle system comprising: a top end portion (top end of assembled parts 14 and 16, see Fig. 2-3), a bottom end portion (bottom end of assembled parts 14 and 16, see Fig. 2-3) , an inner wall portion (16) extending between the bottom end portion and the top end portion, a bottom surface adjacent to the bottom end portion, and an outer wall portion (14), the top end portion defining an opening (top opening) of a first recess (recess defined by inner wall of 16) configured for receiving a stemless drinking vessel; a solution (freezer gel 44) contained within an inner cavity between the outer wall portion and the inner wall portion; wherein a first segment (vertical segment on right side of Fig. 3 having conical section 20) of the top end portion is spaced apart from the bottom end portion by a first distance and a second segment (vertical segment on left side of Fig. 3 with the top end below conical section 20) of the top end portion is spaced apart from the bottom end portion by a second distance that is less than the first distance, forming a side opening extending laterally from the inner wall portion and the outer wall portion and extending vertically from the second segment of the top end portion; wherein at least a portion (annular portion at bottom end) of the outer wall portion is continuous around an entire perimeter of the receptacle system and independent of any breaks about the perimeter of the receptacle system, the outer wall portion and the inner wall portion; and wherein the inner wall portion contacts the stemless drinking vessel to transfer thermal energy between the solution and the stemless drinking vessel to cool or warm the stemless drinking vessel. See annotated Fig. 1 and annotated portion of Fig. 3.
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Re claim 2, further comprising a stand (assembled parts 29 and 37) that is removably couplable to the bottom end portion.
Re claim 3, further comprising a frictional member (threads which frictionally engage each other).
Re claim 8, wherein the solution comprises a gel (freezer gel).
Re claim 9, the gel (freezer gel) has a freezing point above a temperature of household freezers. The freezer has to have a freezing point above temperature of freezer or gel will not be frozen and reach its peak performance temperature.
Re claim 11, wherein the inner wall portion includes multiple curved surfaces, each of varying degrees of curvature and of which at least one first curved surface is between the top end portion and a bottom surface of the bottom end portion wherein a degree of curvature of the at least one first curved surface differs from a degree of curvature of the multiple curved surfaces, and wherein the inner wall portion contacts the stemless drinking vessel to transfer thermal energy between the solution and the stemless drinking vessel with the at least one first curved surface. These limitations are met insofar as they are understood.
Claim(s) 1, 15 and 20 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Patton (US 8695373).
Patton discloses a temperature-regulation receptacle system comprising: a top end portion (top end of wall liner 14 ), a bottom end portion (bottom end of wall liner 14), an inner wall portion (inner sheet of wall liner 14) extending between the bottom end portion and the top end portion, a bottom surface (bottom surface of bottom end portion) adjacent to the bottom end portion, and an outer wall portion (outer sheet of wall liner assembly 14), the top end portion defining an opening (top opening of 14) of a first recess (recess defined by inner surface of 14) configured for receiving a stemless drinking vessel; a solution [phase change material (PCM) 20] contained within a cavity (one of cavities of segments 15, 16, 17) between the outer wall portion and the inner wall portion; wherein a first segment (vertical segment aligned with a chain 18 of segments and extending from the lowestmost segment 17 to the horizontal top edge in Fig. 2) of the top end portion is spaced apart from the bottom end portion by a first distance and a second segment (vertical segment aligned with a chain 18 of segments and extending from the lowestmost segment 17 to the inclined top edge in Fig. 2) of the top end portion is spaced apart from the bottom end portion by a second distance that is less than the first distance; forming a side opening extending laterally from the inner wall portion and the outer wall portion and extending vertically from the second segment of the top end portion. See annotated Fig. 2 of Patton.
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wherein at least a portion (annular portion consisting of six segments attached to, adjacent to and surrounding the central core section 17 at bottom end) of the outer wall portion is continuous around an entire perimeter of the receptacle system and independent of any breaks about the perimeter of the receptacle system, the outer wall portion and the inner wall portion; and wherein the inner wall portion contacts the stemless drinking vessel to transfer thermal energy between the solution and the stemless drinking vessel to cool or warm the stemless drinking vessel.
Re claim 15, Patton further comprising an outer receptacle 11 including an inner surface opposite to and facing the outer wall portion, wherein the outer receptacle is detachably nestable to the outer wall portion.
Re claim 20, the sheet materials of assembly 14 allow the assembly 14 to bend to conform to the outer receptacle 11 and the inner wall portion has multiple curved surfaces, each of varying degree of curvature. One first curved surface is between the top end portion and a bottom surface of the bottom end portion, the degree of curvature of the first curved surface differs from the degree of curvature of other curved surfaces among the multiple curved surfaces. The structure of claim 20 is disclosed insofar as claim 20 is understood.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Niebolte in view of Pawlik et al. (US 2020/0002079) (Pawlik).
Re claim 4, Niebolte fails to disclose magnetic members. Pawlik teaches magnets for detachably coupling the stand to the bottom end portion of a receptacle, see paragraph [63], lines 17-22 and 25-30. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add magnetic members to provide a stable and detachable coupling of the bottom end portion to the stand.
Re claim 5, the stand of Niebolte discloses a lower portion and a lip extending upwardly away from the lower portion, the lower portion and the lip defining a second recess. Re claim 6, the lip extends around a perimeter of the stand and substantially surrounds the stand.
Re claim 7, Niebolte discloses an open bottom end or egress, at the bottom end portion of the system. Niebolte fails to disclose that the egress is configured to funnel condensation into the second recess. Pawlik teaches a receptacle 100 with inner wall portion 108 having top incline 134, curved surface 136, middle incline 138 and bottom incline 140 to funnel condensation towards a bottom opening 114. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add inclined, funneling surfaces to the egress to direct liquid the flow into a center of the stand.
Claim(s) 12, 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patton (US 8695373) in view of Lee (US 2018/0297747).
Re claims 12, 13 and 16, Patton further comprising an outer receptacle 11 including an inner surface opposite to and facing the outer wall portion, wherein the outer receptacle is detachably nestable to the outer wall portion. Patton fails to disclose coupling members. Lee teaches coupling members (magnets 110 and 210, one magnet 110 located within inner nested container 100 and the other magnet 210 located at the bottom end of the outer nested container 300 with stand 200). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add the magnets to provide an attachment or coupling that will not inadvertently become detached to keep the parts connected as a unit.
Claim(s) 12, 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patton in view of Albaum (US 9663285).
Re claims 12, 14 and 17, Patton further comprising an outer receptacle 11 including an inner surface opposite to and facing the outer wall portion, wherein the outer receptacle is detachably nestable to the outer wall portion. Patton fails to disclose coupling members. Albaum teaches coupling members [a tab defined by ramp 64 on cylindrical flange 28 which flange 28 defines a stem portion of an outer receptacle (cap 14) which outer receptacle is nestable with body 12]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add the tab and stem portion coupling members to provide an attachment or coupling that will not inadvertently become detached to keep the parts connected as a unit.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patton in view of Pawlik.
Patton has funneling surfaces. Patton fails to disclose an egress or outlet to discharge condensate. Pawlik teaches an egress and funneling surfaces. ]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add the egress to discharge condensate to prevent condensate from collecting on a beverage container which makes the hand wet and the beverage container slippery to hold and makes it difficult to firmly grasp the beverage container.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patton in view of Niebolte.
Patton’s PCM is not specified. Gel is a well known form of PCM. Niebolte teaches freezer gel as a PCM. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the PCM to be freezer gel as a readily available, cost effective, durable and reuseable type of PCM.
Response to Arguments
Applicant's arguments filed 13 March 2026 have been fully considered but they are not persuasive.
The Office has made revisions to the statement of rejections to address the limitations added to the claim.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the bottom surface is provided to contact the drinking vessel) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). See third full paragraph on page 2 of remarks.
Regarding the side opening of Niebolte and Patton, mention of a slotted aperture in Niebolte is sufficient in teaching a side opening. Re Patton, the disclosure of the notch at the upper edge of lining wall 14 is sufficient in teaching a side opening. There is no requirement that reference language must be identical to claim language. Also, it is the disclosed structure of the reference including drawings, abstract, specification and claims which is applicable when formulating art rejections.
Applicant fails to recognize the bottom surfaces of the bottom end portion in Niebolte and Patton, these structures have been pointed to in annotated figures to address applicant’s remarks about the absence of a bottom surface.
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 STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733
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