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 CN 2023116779471 application as required by 37 CFR 1.55.
Drawings
The drawings are objected to because:
Fig. 3 does not appear to show a second rim where reference number 44 is pointing to.
Fig. 11 appears to have a reference number 92 where there should be a 98.
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.
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 characters "108a/b" and "108/110" have both been used to designate L-shaped openings.
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, 108b, 110, 122b, 128b. Please note – parts that are not shown in the figures should not have reference numbers.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: L40.
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 bae having a first extended tab 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.
Specification
The disclosure is objected to because of the following informalities: Paragraph [0027] states that the bottom surface is shown in Fig. 8, however the bottom surface is actually shown in Fig. 9.
Appropriate correction 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 5 and 13-24 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 5 currently states “…at least one or more projections are provided on an outer surface of the connector…” This is confusing because claim 5 depends from claim 1 which claims that the first straw and the second straw both have connectors. For the purposes of further consideration, the claim is being interpreted as stating “..at least one or more projections are provided on an outer surface of the connector of the first straw…” For purposes of further examination, the claim is being interpreted as the Examiner believes the claim was intended to be written. Claim 17 has the same language and is being interpreted the same way. Further correction/clarification is required.
Claim 13 currently states “A lid connectable to a drinking vessel, comprising: a body having a bottom lid, a top lid portion, a first straw and a second straw wherein the bottom lid portion has…” The “bottom lid portion” lacks antecedent basis in the claim. The Examiner believes the claim is intended to state “A lid connectable to a drinking vessel, comprising: a body having a bottom lid portion, a top lid portion, a first straw and a second straw wherein the bottom lid portion has…” For purposes of further examination, the claim is being interpreted as the Examiner believes the claim was intended to be written. Further correction/clarification is required.
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.
Claims 12 and 24 are 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 12 states “The lid of claim 1, further comprising: a drinking vessel for holding a fluid.” and claim 24 states “The lid of claim 13, further comprising: a drinking vessel for holding a fluid.” This is improper as a drinking vessel does not further limit the structure of the lids. 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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8, 12-18, 20, 24, and 25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jacob (US 12384613).
Regarding Claim 1
Jacob teaches a lid (below – Fig. 3 and 10) connectable to a drinking vessel, comprising: a bottom lid portion (108) having a top, a bottom and a sidewall defining an interior space having a straw connector portion (1302); a top lid portion (114) connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening (116) having a passageway extending therebetween; a first straw (302) having a first end, a second end, a passageway therebetween and a connector (314) that removably connects the first straw to the straw connector portion of the bottom lid portion; and a second straw (112) having a first end, a second end, a passageway therebetween and a connector (410) that removably connects the second straw to the opening of the top lid portion (Col. 4, Ln. 54 – Col. 5, Ln. 62).
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Regarding Claim 2
Jacob teaches the straw connector portion (1302) has a top, a bottom and a passageway extending therebetween such that the straw connector portion extends a distance from the bottom of the bottom lid portion below the bottom lid portion, as can be seen in Fig. 10 above.
Regarding Claim 3
Jacob teaches the straw connector portion (1302) has a sidewall wherein at least one or more L-shaped openings (1310/1304) are formed in the sidewall, as can be seen in Fig. 13 below (Col. 8, Ln. 42-62).
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Regarding Claim 4
Jacob teaches the connector (314) of the first straw is sized and configured to mate with the straw connector portion (1302), as can be seen in the figures above.
Regarding Claim 5
Jacob teaches at least one or more projections (1308) are provided on an outer surface of the connector (314_ of the first straw such that the at least one or more projections is inserted into a corresponding at least one or more L-shaped openings (1310/1304) (Col. 8, Ln. 42-62).
Regarding Claim 6
Jacob teaches the passageway of the opening is sized and configured for receiving the second straw, as can be seen in Fig. 10 above.
Regarding Claim 8
Jacob teaches the connector of the second straw has a base and a first extended tab positioned on the base, the first extended tab extends a distance from an outer wall of the second straw, as can be seen below in an expanded partial view of Fig. 10.
[AltContent: textbox (tab)][AltContent: arrow][AltContent: textbox (base)][AltContent: ]
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Regarding Claim 12
Jacob teaches a drinking vessel (104) for holding a fluid.
Regarding Claim 13
Jacob teaches a lid connectable to a drinking vessel, comprising: a body having a bottom lid portion (108), a top lid portion (114), a first straw (302) and a second straw (112) wherein the bottom lid portion has a top, a bottom and a sidewall defining an interior space having a straw connector portion (1302); a top lid portion (114) connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening (116) having a passageway extending therebetween; a first straw (302) having a first end, a second end, a passageway therebetween and a connector (314) that removably connects the first straw to the straw connector portion of the bottom lid portion; and a second straw (112) having a first end, a second end, a passageway therebetween and a connector (410) that removably connects the second straw to the opening of the top lid portion (Col. 4, Ln. 54 – Col. 5, Ln. 62).
Regarding Claim 14
Jacob teaches the straw connector portion (1302) has a top, a bottom and a passageway extending therebetween such that the straw connector portion extends a distance from the bottom of the bottom lid portion below the bottom lid portion, as can be seen in Fig. 10 above.
Regarding Claim 15
Jacob teaches the straw connector portion (1302) has a sidewall wherein at least one or more L-shaped openings (1310/1304) are formed in the sidewall, as can be seen in Fig. 13 above (Col. 8, Ln. 42-62).
Regarding Claim 16
Jacob teaches the connector (314) of the first straw is sized and configured to mate with the straw connector portion (1302), as can be seen in the figures above.
Regarding Claim 17
Jacob teaches at least one or more projections (1308) are provided on an outer surface of the connector (314_ of the first straw such that the at least one or more projections is inserted into a corresponding at least one or more L-shaped openings (1310/1304) (Col. 8, Ln. 42-62).
Regarding Claim 18
Jacob teaches the passageway of the opening is sized and configured for receiving the second straw, as can be seen in Fig. 10 above.
Regarding Claim 20
Jacob teaches the connector of the second straw has a base and a first extended tab positioned on the base, the first extended tab extends a distance from an outer wall of the second straw, as can be seen above in the expanded partial view of Fig. 10.
Regarding Claim 24
Jacob teaches a drinking vessel (104) for holding a fluid.
Regarding Claim 25
Jacob teaches a tumbler, comprising: a drinking vessel (104) having a fluid; and a lid connected to the drinking vessel, the lid, comprising: a bottom lid portion (108) having a top, a bottom and a sidewall defining an interior space having a straw connector portion (1302); a top lid portion (114) connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening (116) having a passageway extending therebetween; a first straw (302) having a first end, a second end, a passageway therebetween and a connector (314) that removably connects the first straw to the straw connector portion of the bottom lid portion; and a second straw (112) having a first end, a second end, a passageway therebetween and a connector (410) that removably connects the second straw to the opening of the top lid portion (Col. 4, Ln. 54 – Col. 5, Ln. 62).
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, 6-8, 12, 13, 18-20, 24, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (US 5265757).
Regarding Claim 1
Wu teaches a lid connectable to a drinking vessel (below – Fig. 1 and 2), comprising: a bottom lid portion (2) having a top, a bottom and a sidewall defining an interior space having a straw connector portion (shown below); a top lid portion (4) connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening (41) having a passageway extending therebetween; a first straw (213) having a first end, a second end, a passageway therebetween and a connector that removably connects the first straw to the straw connector portion of the bottom lid portion; and a second straw (3) having a first end, a second end, a passageway therebetween and a connector (31) that removably connects the second straw to the opening of the top lid portion, as can be seen in the figures below (Col. 1, Ln. 63 – Col. 2, Ln. 38).
[AltContent: arrow][AltContent: textbox (Straw connector portion)]
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Regarding Claim 6
Wu teaches the passageway of the opening is sized and configured for receiving the second straw (3), as can be seen in Fig. 2 above.
Regarding Claim 7
Wu teaches the passageway is internally threaded (42).
Regarding Claim 8
Wu teaches the connector of the second straw has a base (shown below) and a first extended tab (31) positioned on the base, the first extended tab extends a distance from an outer wall of the second straw, as can be seen below in an expanded partial view of Fig. 1.
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Regarding Claim 12
Wu teaches a drinking vessel (1) for holding a fluid.
Regarding Claim 13
Wu teaches a lid connectable to a drinking vessel (Fig. 1 and 2), comprising: a body having a bottom lid portion (2), a top lid portion (4), a first straw (213) and a second straw (3) wherein the bottom lid portion (2) has a top, a bottom and a sidewall defining an interior space having a straw connector portion (shown below); a top lid portion (4) connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening (41) having a passageway extending therebetween; a first straw (213) having a first end, a second end, a passageway therebetween and a connector that removably connects the first straw to the straw connector portion of the bottom lid portion; and a second straw (3) having a first end, a second end, a passageway therebetween and a connector (31) that removably connects the second straw to the opening of the top lid portion, as can be seen in the figures above (Col. 1, Ln. 63 – Col. 2, Ln. 38).
Regarding Claim 18
Wu teaches the passageway of the opening is sized and configured for receiving the second straw (3), as can be seen in Fig. 2 above.
Regarding Claim 19
Wu teaches the passageway is internally threaded (42).
Regarding Claim 20
Wu teaches the connector of the second straw has a base (shown above) and a first extended tab (31) positioned on the base, the first extended tab extends a distance from an outer wall of the second straw, as can be seen above in the expanded partial view of Fig. 1.
Regarding Claim 24
Wu teaches a drinking vessel (1) for holding a fluid.
Regarding Claim 25
Wu teaches a tumbler (Fig. 1 and 2), comprising: a drinking vessel (1) having a fluid; and a lid connected to the drinking vessel, the lid, comprising: a bottom lid portion (2) having a top, a bottom and a sidewall defining an interior space having a straw connector portion (shown below); a top lid portion (4) connected to the bottom lid portion, the top lid portion having a top surface, a bottom surface and an opening (41) having a passageway extending therebetween; a first straw (213) having a first end, a second end, a passageway therebetween and a connector that removably connects the first straw to the straw connector portion of the bottom lid portion; and a second straw (3) having a first end, a second end, a passageway therebetween and a connector (31) that removably connects the second straw to the opening of the top lid portion, as can be seen in the figures above (Col. 1, Ln. 63 – Col. 2, Ln. 38).
Allowable Subject Matter
Claims 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 21-23 would be allowable if rewritten 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 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 claims 9 and 21: Closest subject matter – Jacob and Wu (cited above) – teaches a majority of the Applicant’s claimed invention. However, the closest prior art does not teach a collar is configured to mate with the base being positioned about the base, the collar having a slot for receiving the first extending tab when the collar mates with the base.
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