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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-31 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.
The term “the pumping button portion being moved by pressing of the user” in claim 1 is a relative term which renders the claim indefinite. The term “the pumping button portion being moved by pressing of the user” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Is this claiming a user being present and actively moving the pumping button portion? It sounds like the claim is trying to claim active motion. However,
The term “the pumping portion being moved upward and downward by the reciprocating movement of the pumping button portion” in claim 1 is a relative term which renders the claim indefinite. The term “the pumping portion being moved upward and downward by the reciprocating movement of the pumping button portion” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. This claim appears to be claiming active motion. However, this active motion requires a user be present. A user cannot be positively claimed. For the purposes of examination, it would be interpreted that the claim is describing the motion in terms of a capability ("configured to") of the device. No active motion is being claimed.
The term “the pumping portion being connected to the drinking water storage space and the additive storage space” in claim 1 is a relative term which renders the claim indefinite. The term “the pumping portion being connected to the drinking water storage space and the additive storage space” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Both the drinking water storage space and the additive storage space are voids, or three dimensional areas with no physical structure. How can the pumping portion be “connected to” a void with no physical structure? The pump cannot be connected to a storage space. However, it appears the applicant wishes to convey that the pumping portion “extends” through both the drinking water storage space and additive storage space. For the purposes of examination, the phrase shall carry said interpretation.
Claim 7 recites the limitation "the piston rod" in line 4. There is insufficient antecedent basis for this limitation in the claim.
The term “is pressed by the user” in claim 8 is a relative term which renders the claim indefinite. The term “is pressed by the user” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. This claim appears to be claiming active motion. However, this active motion requires a user be present. A user cannot be positively claimed. For the purposes of examination, it would be interpreted that the claim is describing the motion in terms of a capability ("configured to" or "when the stem portion is pressed by the user") of the device. No active motion is being claimed. Further, if incorrect, this active motion would contradict the constant upward and downward motion as claimed in claim 1.
Claim 8 recites the limitation "the outside" in line 4. There is insufficient antecedent basis for this limitation in the claim.
The term “the piston rod being moved upward and downward by reciprocating movement of the pumping button portion” in claim 8 is a relative term which renders the claim indefinite. The term “the piston rod being moved upward and downward by reciprocating movement of the pumping button portion” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. This claim appears to be claiming active motion. However, this active motion requires a user be present. A user cannot be positively claimed. For the purposes of examination, it would be interpreted that the claim is describing the motion in terms of a capability ("configured to" or "when the stem portion is pressed by the user") of the device. No active motion is being claimed. Further, if incorrect, this active motion would contradict the constant upward and downward motion as claimed in claim 1.
The term “the shielding cover being provided in a center” in claim 12 is a relative term which renders the claim indefinite. The term “the shielding cover being provided in a center” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is the center referring to? The shielding cover does not intersect a central longitudinal axis of the additive tray. It appears there is a hole in the center of the shielding cover. This center would be coaxial with the center of the additive tray. For the purposes of examination, it shall be interpreted as such. However as written, it is unclear how the shielding cover is being provided in the center as at the center of the additive tray, the shielding cover has a hole (an absence of material).
Claim 13 recites the limitation "the expansion plate" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the additive capsule" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the elastic cover" and “the coupling plate” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the elastic cover" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the elastic cover" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the second normal pressure flow" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the coupling plate" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the elastic cover" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "the second normal pressure flow" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "the coupling plate" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 30 recites the limitation "the additive capsule" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 31 recites the limitation "the expansion plate" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 and 11-12 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Park (US 20190152679 A1).
With respect to claim 1, Park discloses a pumping tumbler for preparing beverages, the pumping tumbler comprising: a drinking water tray (2000) configured such that an upper part is open, a lower end is shielded, and a drinking water storage space (interior of 2000) configured to store drinking water or a beverage is formed therein; a cover unit (3000) detachably coupled to the upper part of the drinking water tray, the cover unit being configured to shield the open upper part of the drinking water tray, the cover unit being provided with a drinking hole (3010) through which a user can drink the drinking water or the beverage in the drinking water storage space; an additive tray (1000) detachably coupled to the lower end of the drinking water tray, the additive tray having formed therein an additive storage space configured to store an additive; and a pumping unit (4000) installed in the drinking water tray and the cover unit, the pumping unit being configured to pump the additive in the additive tray through a flow path formed through a bottom surface of the drinking water tray and to supply the additive to drinking water storage space, wherein the pumping unit comprises: a pumping button portion (4010) installed on the cover unit so as to perform sliding reciprocating movement, the pumping button portion being moved by pressing of the user; and a pumping portion (4000 not 4010) located in the drinking water storage space of the drinking water tray, the pumping portion being moved upward and downward by the reciprocating movement of the pumping button portion, the pumping portion being connected to the drinking water storage space and the additive storage space so as to communicate therewith, the pumping portion being configured to suction the additive and to discharge the additive to the drinking water storage space by upward and downward movement thereof, the additive is suctioned through: a through-hole (figure 6 below) formed through a lower end of the pumping portion and a central part of the bottom surface of the drinking water tray so as to communicate therewith; and a suction pipe (2020) module coupled to an outer surface of a bottom of the drinking water tray, the suction pipe module extending inwardly of the additive tray.
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With respect to claim 11, Park discloses the pumping tumbler according to claim 1, wherein the additive tray (1000) is open at an upper part thereof and shielded at a lower end thereof such that the additive storage space is formed therein, the additive tray being detachably coupled to a lower part of the drinking water tray (2000).
With respect to claim 12, Park discloses the pumping tumbler according to claim 11, wherein the additive tray further comprises a shielding cover (1010) configured to prevent leakage of the additive received in the additive tray, the shielding cover being press-fitted into an upper part of the additive tray, the shielding cover (1010) being formed as a disc made of an elastic material, the shielding cover being provided in a center thereof with a central through-hole configured to allow the suction pipe to extend therethrough.
Claim(s) 1, 16-26, 28, 30 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Park (US 20190152679 A1).
With respect to claim 1, Park discloses a pumping tumbler for preparing beverages, the pumping tumbler comprising: a drinking water tray (110) configured such that an upper part is open, a lower end is shielded, and a drinking water storage space (interior of 110) configured to store drinking water or a beverage is formed therein; a cover unit (120) detachably coupled to the upper part of the drinking water tray, the cover unit being configured to shield the open upper part of the drinking water tray, the cover unit being provided with a drinking hole (124) through which a user can drink the drinking water or the beverage in the drinking water storage space; an additive tray (200) detachably coupled to the lower end of the drinking water tray, the additive tray having formed therein an additive storage space configured to store an additive; and a pumping unit (300) installed in the drinking water tray and the cover unit, the pumping unit being configured to pump the additive in the additive tray through a flow path formed through a bottom surface of the drinking water tray and to supply the additive to drinking water storage space, wherein the pumping unit comprises: a pumping button portion (310) installed on the cover unit so as to perform sliding reciprocating movement, the pumping button portion being moved by pressing of the user; and a pumping portion (300 not 310) located in the drinking water storage space of the drinking water tray, the pumping portion being moved upward and downward by the reciprocating movement of the pumping button portion, the pumping portion being connected to the drinking water storage space and the additive storage space so as to communicate therewith, the pumping portion being configured to suction the additive and to discharge the additive to the drinking water storage space by upward and downward movement thereof, the additive is suctioned through: a through-hole (114) formed through a lower end of the pumping portion and a central part of the bottom surface of the drinking water tray so as to communicate therewith; and a suction pipe (321) module coupled to an outer surface of a bottom of the drinking water tray, the suction pipe module extending inwardly of the additive tray.
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With respect to claim 16, Park discloses the pumping tumbler according to claim 1, wherein a normal pressure flow path (as illustrated in Fig. 8) configured to introduce outside air into the additive tray is formed in order to maintain normal pressure in the additive tray upon pumping the additive received in the additive tray.
With respect to claim 17, Park discloses the pumping tumbler according to claim 16, wherein the normal pressure flow path comprises a first normal pressure flow path (flow path of figure 8) configured to allow the outside air to be introduced into a lower space of the drinking water tray therethrough.
With respect to claim 18, Park discloses the pumping tumbler according to claim 17, wherein the outside air is introduced through a space formed between coupling surfaces and coupling ends of the drinking water tray and the additive tray. (flow path of figure 8 is between adjacent coupling surfaces of 100 and 200)
With respect to claim 19, Park discloses the pumping tumbler according to claim 17, wherein the normal pressure flow path comprises: a second normal pressure flow path communicating with the first normal pressure flow path, the second normal pressure flow path (figure 8 see above) being configured to allow the introduced outside air to be introduced into a space between the elastic cover (145 see 112b above) and the coupling plate (portion surrounding 145) therethrough; and a third normal pressure flow path communicating with the second normal pressure flow path, third normal pressure flow path (figure 8 above) being configured to allow the introduced outside air to move into the inner space of the additive tray under the coupling plate therethrough.
With respect to claim 20, Park discloses the pumping tumbler according to claim 17, wherein in the first normal pressure flow path, in order to form a space at an outside between the elastic cover and the lower end of the drinking water tray, a part of any one of an upper part of the elastic cover and the lower end of the drinking water tray (as identified in figure 8) is formed as a stepped surface (figure 8) or an inclined surface, and the outside air is introduced into the space between the elastic cover and the lower end of the drinking water tray through an inlet hole (112) formed in a part of a side surface of the drinking water tray located in the space between the elastic cover and the lower end of the drinking water tray.
With respect to claim 21, Park discloses the pumping tumbler according to claim 17, wherein in the first normal pressure flow path, in order to form a space at an outside between the elastic cover and the lower end of the drinking water tray, a part of any one of an upper part of the elastic cover and the lower end of the drinking water tray (figure 8) is formed as a stepped surface (figure 8) or an inclined surface, a part of an interface between an inner surface of the lower part of the drinking water tray (top surface of 112) and an outer surface of the elastic cover (outer surface of 145) is provided with a spacing recess through which the introduced outside air can move, and the outside air introduced through a space (passage 112) formed between coupling surfaces and coupling ends of the drinking water tray (100) and the additive tray (200) is introduced into the space at the outside between the elastic cover (145) and the lower end of the drinking water tray (100).
With respect to claim 22, Park discloses the pumping tumbler according to claim 20, wherein the second normal pressure flow path (figure 8) is formed by a vertical communication hole formed in the elastic cover (clearance between 145 and adjacent surfaces), the vertical communication hole being configured to allow the space between the elastic cover and the lower end of the drinking water tray and a space between a lower part of the elastic cover and the coupling plate to communicate with each other therethrough.
Examiner Note: Coupling plate has yet to be introduced. Coupling plate can be considered the adjacent areas to the elastic cover
With respect to claim 23, Park discloses the pumping tumbler according to claim 17, wherein in the first normal pressure flow path, an outer surface of the elastic cover (145) is configured such that an upper part of the outer surface of the elastic cover abuts an inner surface of the lower part of the drinking water tray (100 in flow path 112) and a lower part of the outer surface of the elastic cover (145) is spaced apart from the inner surface of the lower part of the drinking water tray such that a predetermined space is formed therebetween, and the outside air introduced through a space formed between coupling surfaces and coupling ends of the drinking water tray (112) and the additive tray (200) is introduced into a space between a lower part of an outer surface of the elastic cover and an inner surface of the lower part of the drinking water tray (100).
With respect to claim 24, Park discloses the pumping tumbler according to claim 23, wherein the second normal pressure flow path (figure 8) is formed by a horizontal communication hole formed in a side surface of the elastic cover (145), the horizontal communication hole being configured to allow the space between the lower part of the outer surface of the elastic cover (145) and the inner surface the lower part of the drinking water tray (100) and a space between a lower part of the elastic cover and the coupling plate to communicate with each other therethrough.
Examiner Note: Hole extends in both the horizontal and vertical directions. Coupling plate has yet to be introduced. Coupling plate can be considered the adjacent areas to the elastic cover
With respect to claim 25, Park discloses the pumping tumbler according to claim 21, wherein the space formed between the coupling ends of the drinking water tray and the additive tray is formed by introduction incision portions formed in the coupling ends of the drinking water tray and the additive tray. (a channel 112 is created by indentations in both surfaces, regardless of process)
Examiner Note: the limitation “is formed by introduction incision portions” is considered to constitute a product by process limitation that does not materially affect structure. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by- process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process" (See MPEP 2113; In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).)
With respect to claim 26, Park discloses the pumping tumbler according to claim 21, wherein the space formed between the coupling ends of the drinking water tray and the additive tray is formed by a step formed at the coupling ends of the drinking water tray and the additive tray. (a channel 112 is created by indentations in both surfaces, can be viewed as a step)
With respect to claim 28, Park discloses the pumping tumbler according to claim 21, wherein the space formed between the coupling surfaces of the drinking water tray and the additive tray is formed by a gap between coupling threads of the drinking water tray and the additive tray. (a channel 112 is created by indentations in both surfaces, can be viewed as a gap)
With respect to claim 30, Park discloses the pumping tumbler according to claim 19, wherein the normal pressure flow path (figure 8) further comprises a fourth normal pressure flow path configured to allow air in the inner space of the additive tray to move into the additive capsule therethrough. (free floating of air within tray)
Examiner Note: Additive capsule not mentioned before, it shall be interpreted as the space within the tray.
Allowable Subject Matter
Claims 2-10, 13-15, 27, 29, 31 are rejected 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.
Claim 2 is rejected due to its dependency on the rejected claim 1 (above). Search results for prior art in this field failed to identify wherein the suction pipe module comprises: a coupling plate detachably coupled to the lower end of the drinking water tray, the coupling plate being formed in a disc shape; an expansion plate detachably coupled to a center of a lower part of the coupling plate by screw engagement, the expansion plate being formed in a disc shape; a suction pipe integrally formed at the expansion plate, the suction pipe extending downward from the expansion plate to the additive tray, and an introduction flow path is formed in the coupling plate, the expansion plate, and the suction pipe, the introduction flow path being configured to allow the coupling plate, the expansion plate, and the suction pipe to communicate with each other therethrough and to allow the additive to move therethrough.
Consequentially, claims 3-10 are rejected to due to their dependencies on previously rejected claim 1 however they also depend upon the allowable subject matter from claim 2 due to dependencies on claims 2.
Claim 13 is rejected due to its dependency on the rejected claim 1 (above). Search results for prior art in this field failed to identify wherein an upper surface of the shielding cover is formed as a concave surface corresponding in shape to the curved surface of the lower part of the expansion plate.
Consequentially, claims 14-15 are rejected too due to their dependencies on previously rejected claim 11 however they also depend upon the allowable subject matter from claim 13 due to dependencies on claims 13.
Claim 27 is rejected due to its dependency on the rejected claim 26 (above). Search results for prior art in this field failed to identify wherein the coupling step is formed by a sum of a screw engagement height of the outside of the upper part of the additive tray and a height of the outer surface of the elastic cover minus a screw engagement height of an inside of the lower part of the drinking water tray.
Claim 29 is rejected due to its dependency on the rejected claim 19 (above). Search results for prior art in this field failed to identify wherein the third normal pressure flow path is formed by an elastic button provided at the coupling plate, the elastic button being elastically deformed by an air pressure difference to selectively open and close a space between a lower part of the elastic cover and an upper surface of the coupling place and an inner space of the additive tray under the coupling plate.
Claim 31 is rejected due to its dependency on the rejected claim 30 (above). Search results for prior art in this field failed to identify wherein the fourth normal pressure flow path is formed by: a flow path groove formed from an outer end of the protruding curved surface of the expansion plate to a central part of the expansion plate to form a flow path configured to allow air to move in a tight contact surface of the expansion plate therethrough; and a cut surface formed by cutting an outer circumferential surface of a circular suction pipe, the cut surface being formed downward from an end of the flow path groove by a predetermined length to form a space in a surface through which the suction pipe extends.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20140186507-A1 OR US-20200085217-A1 OR US-20130341359-A1 OR US-20190152679-A1 OR US-20250108970-A1 OR US-20210345832-A1 OR US-20090188884-A1 OR US-20090301905-A1 OR US-9745115-B2
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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/SYMREN K SANGHERA/Examiner, Art Unit 3735