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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the following elements as described in the specification:
In paragraph [0052], “a shoulder portion 122”, number 122 in FIG. 24 is not clear to show a shoulder portion of a cap.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 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:
In paragraph [0052], line 3, “the body 110”.
In paragraph [0053], line 2, “the body 108”.
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. 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:
In paragraph [0052], line 3, “the outer surface 110 of the body 110”, each reference number should only refer to one element.
In paragraph [0053], line 2, “the inner wall 108 of the body 108”, each reference number should only refer to one element.
In paragraph [0061], line 2, “the raised sidewalls 138” is referenced, but in paragraph [0055], line 7, “base member 138” is referenced. Number 138 refers to two different elements in this case.
In paragraph [0052], line 4, “a shoulder portion 122” is referenced, but in paragraph [0053], “the lower portion 122” is also referenced. Number 122 refers to two different elements in this case.
Appropriate correction is required.
Claim Objections
Claim 16 is objected to because of the following informalities:
Line 4, “a plurality of more scoring bands”, one should remove the word “more”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. 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.
Claim 1-15, 17-19 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 recites the limitation "each scoring band is disposed in a respective one of the one or more circumferential channels" in lines 4-5 of the claim. This recitation is considered indefinite because it is unclear what the term "respective one" is intended to mean. One interpretation is that "each scoring band (i.e., all scoring bands) is disposed in a respective one (and only the one) of the one or more circumferential channels". Another interpretation is that "each scoring band is disposed in a respective (same) one of the one or more circumferential channels". These two interpretations are not of the same scope so claim 1 is considered to have an indefinite scope. Claims 2-15, 17-19 depend from claim 1 and are therefore rejected to on the same grounds.
The terms “clockwise direction" and "counterclockwise direction” in claim 1 are relative terms which render the claim indefinite. The terms “clockwise direction" and "counterclockwise direction” are 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. The rotation direction is subjective to the view of an object. A .
Claims 17-19 recite the limitation "system" in line 1 of the claims. There is insufficient antecedent basis for this limitation in the claim.
Since claims 17-19 depend on claim 15, and claim 15 depends on claim 1, that concludes claims 17-19 depend on claim 1. Since the limitation “system” in line 1 of claims 17-19 is never defined by claim 1, this renders claims 17-19 indefinite. It is suggested that amending claims 17-19 to depend on claim 16 would rectify the indefiniteness, as claim 16 is an independent claim that recites "a scorekeeping system" instead of "a scorekeeping drinkware".
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.
Claims 1-4, 13-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kickstarter (“Tally Tumbler by 1080kelvin -- Kickstarter” found at (https://www.kickstarter.com/projects/1080kelvin/tally-tumbler), June 10, 2022; the webpage is annotated as “Kickstarter_2022_Annotated.pdf” file (hereinafter Kickstarter)).
Regarding claim 1, Kickstarter discloses a scorekeeping drinkware, comprising:
a drinking vessel (Kickstarter, FIGURE 4), comprising
an inner wall (Kickstarter, FIGURE 4(4)) and
an outer wall (Kickstarter, FIGURE 4(5)),
wherein one or more circumferential channels (Kickstarter, FIGURE 4(1),(3). The bands on the tumbler are residing in the channels. The edges of the channels are visually observed in the image. The bands do not extend too much on the surface of the tumbler, which proves there are channels on the surface of the tumbler) are defined into the outer wall (Kickstarter, FIGURE 4(5)); and
one or more scoring bands (Kickstarter, FIGURE 4(1),(3)), each scoring band is disposed in a respective one of the one or more circumferential channels (Kickstarter, FIGURE 4(1),(3)), and
each scoring band (Kickstarter, FIGURE 4(1),(3)) having an outer face with a plurality of numbers, characters or symbols depicted thereon (Kickstarter, FIGURE 13),
wherein the one or more scoring bands are rotatable relative to the drinking vessel in both a clockwise direction and a counterclockwise direction (Kickstarter, Appendix (1), page 11-45, Appendix (2), page 46-120).
Regarding claim 2, Kickstarter discloses the scorekeeping drinkware of claim 1 as discussed above and Kickstarter further discloses wherein the drinking vessel is a tumbler (Kickstarter, FIGURE 4).
Regarding claim 3, Kickstarter discloses the scorekeeping drinkware of claim 1 as discussed above and Kickstarter further discloses wherein a vacuum is formed between the inner wall and the outer wall (Kickstarter, FIGURE 2(5), the webpage explicitly states the double wall vacuum insulation feature).
Regarding claim 4, Kickstarter discloses the scorekeeping drinkware of claim 1 as discussed above and Kickstarter further discloses further comprising a cap configured to be secured in an open top of the drinking vessel (Kickstarter, FIGURE 2(6), FIGURE 3(1)).
Regarding claim 13, Kickstarter discloses the scorekeeping drinkware of claim 1 as discussed above and Kickstarter further discloses wherein a first band of the one or more scoring bands defines a sequence of numerals in a 0-9 range counting by ones (Kickstarter, FIGURE 6(1)), and
a second band of the one or more scoring bands defines a sequence of numerals in a 0-120 range counting by tens (Kickstarter, FIGURE 6(2)).
Regarding claim 14, Kickstarter discloses the scorekeeping drinkware of claim 1 as discussed above and Kickstarter further discloses wherein a reference line is defined on an outer surface of the outer wall of the drinking vessel so that a user can rotationally align one of the plurality of numbers, characters or symbols of at least one of the one or more scoring bands with the reference line (Kickstarter, FIGURE 4(2), FIGURE 9(1), and FIGURE 13(3)).
Regarding claim 15, Kickstarter discloses the scorekeeping drinkware of claim 1 as discussed above and Kickstarter further discloses wherein a separator groove is defined on an outer surface of each of the one or more scoring bands between each of the plurality of numbers, characters or symbols depicted thereon (Kickstarter, Appendix (1), page 11-45, the vertical gaps are visually presented between each number and symbol on two white scoring bands).
Regarding claim 16, Kickstarter discloses a scorekeeping system, comprising:
a drinking vessel (Kickstarter, FIGURE 4), comprising
an inner wall (Kickstarter, FIGURE 4(4)) and
an outer wall (Kickstarter, FIGURE 4(5)),
wherein a plurality of circumferential channels (Kickstarter, FIGURE 4(1),(3)) are defined into the outer wall (Kickstarter, FIGURE 4(5)); and
a plurality of more scoring bands (Kickstarter, FIGURE 4(1),(3)),
each scoring band is disposed in a respective one of the plurality of circumferential channels (Kickstarter, FIGURE 4(1),(3)), and
each scoring band (Kickstarter, FIGURE 4(1),(3)) having an outer face with a plurality of numbers, characters or symbols depicted thereon (Kickstarter, FIGURE 13),
wherein the plurality of scoring bands are rotatable relative to the drinking vessel in both a clockwise direction and a counterclockwise direction (Kickstarter, Appendix (1), page 11-45, Appendix (2), page 46-120).
Regarding claim 17, Kickstarter discloses the scorekeeping system of claim 15 as discussed above and Kickstarter further discloses wherein the drinking vessel is a double-walled vacuum insulated tumbler comprising a stainless steel material (Kickstarter, FIGURE 10(1),(2), the webpage explicitly states the tumbler is made by stainless steel design and vacuum insulated).
Regarding claim 20, Kickstarter discloses a method of scoring a game, match or sporting event, the method comprising:
rotating a scoring ring clockwise or counterclockwise about an outer surface of a drinking vessel (Kickstarter, Appendix (1), page 11-45, Appendix (2), page 46-120) to
align a number, character or symbol depicted on the scoring ring (Kickstarter, FIGURE 13) with a reference indicator depicted on an outer surface of the drinking vessel (Kickstarter, FIGURE 13(3)).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5, 7, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kickstarter in view of US 7252204 to Small (hereinafter Small).
Regarding claim 5, Kickstarter discloses the scorekeeping drinkware of claim 1 and further discloses wherein each of the one or more scoring bands comprises: an outer ring (Kickstarter, FIGURE 13), wherein the plurality of numbers, characters or symbols are depicted on an outer face of the outer ring (Kickstarter, FIGURE 13).
However, Kickstarter does not explicitly disclose a slide guide; and wherein the outer ring is rotationally secured to the slide guide so that both the slide guide and outer ring rotate together.
Small teaches various structures for attaching decorative rings onto a surface of a container (FIG. 1-A, 1-B, multiple rings 18A-18E are attached onto the surface of a bottle 10). Small further teaches various structures for displaying information by releasably fixing information-bearing elements to a substrate (FIG. 7-A, 7-B, 7-C, multiple layers of ring-shape components are combined together to form the decorative rings via various methods). Small is considered to be analogous art because releasably fixing information-bearing elements to a substrate is reasonably within the same field of endeavor as the instant claims and reasonably pertinent to the problem faced by the inventor.
Small further teaches a slide guide (Small, FIG. 7-C, an outer tumbler 102. A pair of darkened side rings parallel to each other and sits on top of a base ring. The side rings are located on the edges of the base ring opposite to each other. Both the pair of side rings and the base ring form a groove or a channel).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter to include the slide guide taught by Small in order to consolidate an outer ring of Kickstarter onto the surface of a tumbler. A person having ordinary skill in the art would know that a scoring band featuring a slide guide provides the functionality for flexible outer ring replacement.
Small further teaches and wherein the outer ring is rotationally secured to the slide guide so that both the slide guide and outer ring rotate together (Small, column 12, line 4-9, “Indicia may be applied externally to the tumblers in any number of ways which could include indicia plates, split rings, clasps with snap features, hook and loop material (commonly known as Velcro.TM.), or as elastic material stretched and bonded to each tumbler”).
In FIG. 7-C of Small, the outer tumbler 102 refers to a slide guide, and the label 22 refers to an outer ring taught by Kickstarter. The label 22 is rotationally secured to the outer tumbler 102 by stretching and bonding if the label 22 is made of elastic material.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the slide guide of Small and the outer ring of Kickstarter in order to create the scoring bands that can attach onto the surface of a tumbler. A person having ordinary skill in the art would know that having this structure of scoring bands can prevent the outer rings from being worn out between the inner surface of the outer rings and the channels on the tumbler’s outer surface when users rotate the scoring bands (rotate the slide guide and the outer ring together).
Regarding claim 7, Kickstarter in view of Small discloses the scorekeeping drinkware of claim 5 as discussed above, and Small further teaches wherein the slide guide comprises an elongated member including a pair of opposing parallel side walls and a base member spanning between the pair of opposing parallel side walls (Small, FIG. 7-C, an outer tumbler 102; column 10, line 25-28, “Yet another possibility is for the ring to be semi-flexible or stretch and snap into a groove on the tumblers outer circumference”).
As discussed above with claim 5, FIG. 7-C of Small teaches a slide guide as “a pair of darkened side rings parallel to each other and sits on top of a base ring. The side rings are located on the edges of the base ring opposite to each other. Both the pair of side rings and the base ring form a groove or a channel”. The slide guide of Small has the functionality of containing components within the area between the parallel side walls and the base member of the slide guide (the area of the elongated member of the slide guide).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the slide guide taught by Small to match the size of the outer ring of Kickstarter for the added benefit of generating more accurate results due to the stabilization of the scoring bands on the channels of a tumbler.
Regarding claim 12, Kickstarter in view of Small discloses the scorekeeping drinkware of claim 5 as discussed above, and Small further teaches wherein the slide guide comprises an elongated member including a pair of opposing parallel side walls and a base member spanning between the pair of opposing parallel side walls which together define a groove for receiving the outer ring (Small, FIG. 7-C, an outer tumbler 102; column 10, line 25-28, “Yet another possibility is for the ring to be semi-flexible or stretch and snap into a groove on the tumblers outer circumference”).
As discussed above with claim 5, FIG. 7-C of Small teaches a slide guide as “a pair of darkened side rings parallel to each other and sits on top of a base ring. The side rings are located on the edges of the base ring opposite to each other. Both the pair of side rings and the base ring form a groove or a channel”. The slide guide of Small has the functionality of containing components within the area between the parallel side walls and the base member of the slide guide (the area of the elongated member of the slide guide).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the slide guide taught by Small to match the size of the outer ring of Kickstarter for the added benefit of generating more accurate results due to the stabilization of the scoring bands on the channels of a tumbler.
Small further teaches the scorekeeping drinkware further comprising the outer ring disposed in the groove of the slide guide (Small, column 10, line 25-28; column 12, line 4-9). This is clear because Kickstarter teaches an outer ring. Small teaches a groove-shaped slide guide, the combination process of an outer ring and a slide guide, and the outcome of the combination process, which both the slide guide and the outer ring rotate together. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter to include the features taught by Small to create the scoring bands. A person having ordinary skill in the art would know that applying this structure to generate the scoring bands would prevent the scoring bands from falling off from the circumferential channels on the tumbler’s outer wall.
Claims 8-11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kickstarter in view of Small in further view of KR 20060017805 to Chan (hereinafter Chan).
Regarding claim 8, Kickstarter in view of Small discloses the scorekeeping drinkware of claim 7 as discussed above. However, Kickstarter in view of Small does not explicitly disclose wherein the slide guide further comprises a plurality of apertures defined through the base member.
Chan teaches various structures for displaying information by releasably fixing information-bearing elements to a substrate (Chan, page 9, line 1-6, “The above objective can be achieved through a wristband for displaying contact information, characterized by comprising: an elastic band made of a ring-shaped elastic material to be worn elastically on the wrist and having a coupling hole perforated on one side of its outer surface; and a marking plate having a coupling projection detachable from the coupling hole of the elastic band and a marking portion formed on its upper surface to allow for the inscription of contact information”). Chan is considered to be analogous art because releasably fixing information-bearing elements to a substrate is reasonably within the same field of endeavor as the instant claims and reasonably pertinent to the problem faced by the inventor.
Chan further teaches a base member 30 having a plurality of apertures 32a defined through the base member 30 (figures 2a, 2b, 3) to releasably fix information-bearing elements to a substrate. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in view of Small such that the slide guide further comprises a plurality of apertures defined through the base member as taught by Chan to releasably fix information-bearing elements to a substrate.
Regarding claim 9, Kickstarter in view of Small in view of Chan discloses the scorekeeping drinkware of claim 8 as discussed above. However, Kickstarter in view of Small in view of Chan does not explicitly disclose wherein each of the plurality of apertures are elliptical shapes.
A person having ordinary skill in the art would know that the apertures that are elliptical shapes provide slightly better cushioning than the other shape design. The stress-point cracking is greatly minimized due to the elliptical shape of the apertures which causes them to compress to circles as opposed to pinch points when attaching items through the elliptical apertures.
However, applicants in the specification (paragraph [0055]) do not state what the criticality of the elliptical shape is. Instead, it suggests other shapes as equally good options. In addition, Chan teaches having a plurality of apertures 32a defined through the base member 30 (Chan, figures 2a, 2b, 3) can releasably fix information-bearing elements to a substrate, even when the shape of the apertures is circular (Chan, figures 2a, 2b). Therefore, the shape itself would be a matter of obvious design choice to a person having ordinary skill in the art before the effective filing date of the claimed invention (see MPEP § 2144.04.IV.B, “Changes in Shape”).
Chan further teaches the plurality of apertures are longitudinally aligned in a single row along the base member (Chan, figures 2a, 2b, a plurality of apertures 32a arranged in a row is defined through a base member 30). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in view of Small to include a row of apertures defined through the slide guide of Small taught by Chan in order to releasably fix the outer ring of Kickstarter to the slide guide of Small. A person having ordinary skill in the art would know that with the apertures of the slide guide being elliptical, the scoring bands would increase durability of the scoring bands in daily applications.
Regarding claim 10, Kickstarter in view of Small discloses the scorekeeping drinkware of claim 5 as discussed above. However, Kickstarter in view of Small does not explicitly disclose wherein the outer ring further comprises an inner face comprising a plurality of protrusions.
Chan teaches various structures for displaying information by releasably fixing information-bearing elements to a substrate (Chan, page 9, line 1-6, “The above objective can be achieved through a wristband for displaying contact information, characterized by comprising: an elastic band made of a ring-shaped elastic material to be worn elastically on the wrist and having a coupling hole perforated on one side of its outer surface; and a marking plate having a coupling projection detachable from the coupling hole of the elastic band and a marking portion formed on its upper surface to allow for the inscription of contact information”). Chan is considered to be analogous art because releasably fixing information-bearing elements to a substrate is reasonably within the same field of endeavor as the instant claims and reasonably pertinent to the problem faced by the inventor.
Chan further teaches wherein the outer ring further comprises an inner face comprising a plurality of protrusions (Chan, figure 2b, number 22, 24; page 10, line 12-15, “after the marking plate (20) is placed in the seating groove (34) and pressed by hand, a plurality of connecting protrusions (22) protruding from the bottom surface of the marking plate (20) are each inserted into the connecting hole (32a) of the seating groove (34) as shown in FIG. 4a”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in view of Small to include a plurality of protrusions on an inner surface of a ring taught by Chan as a feature of an outer ring taught by Kickstarter. A person having ordinary skill in the art would know that the modified structure of the outer rings of Kickstarter in view of Small in view of Chan would create resistance force between the outer surface of the channels on a tumbler and the plurality of protrusions on the inner surface of the modified outer rings when users rotate the scoring bands, thus producing more reliable recording results.
Regarding claim 11, Kickstarter in view of Small in view of Chan discloses the scorekeeping drinkware of claim 10 as discussed above, and Small further teaches wherein the slide guide comprises an elongated member including a pair of opposing parallel side walls and a base member spanning between the pair of opposing parallel side walls (Small, FIG. 7-C, an outer tumbler 102; column 10, line 25-28, “Yet another possibility is for the ring to be semi-flexible or stretch and snap into a groove on the tumblers outer circumference”).
As discussed above with claim 5, FIG. 7-C of Small teaches a slide guide as “a pair of darkened side rings parallel to each other and sits on top of a base ring. The side rings are located on the edges of the base ring opposite to each other. Both the pair of side rings and the base ring form a groove or a channel”. The slide guide of Small has the functionality of containing components within the area between the parallel side walls and the base member of the slide guide (the area of the elongated member of the slide guide).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the slide guide taught by Small to match the size of the outer ring of Kickstarter for the added benefit of generating more accurate results due to the stabilization of the scoring bands on the channels of a tumbler.
Chan further teaches a base member 30 having a plurality of apertures 32a defined through the base member 30 (figures 2a, 2b, 3) to releasably fix information-bearing elements to a substrate. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in view of Small such that the base member includes a plurality of apertures defined through the base member as taught by Chan to releasably fix information-bearing elements to a substrate.
Chan further teaches wherein the plurality of protrusions are each sized and arranged (Chan, figure 2b, number 22, each protrusion has the same size and is evenly spaced) so that the plurality of protrusions mate with the plurality of apertures defined through the base member (Chan, figure 3, protrusions on the inner surface of an arc structure are inserted through the apertures on the surface of the ring) such that the slide guide and outer ring are rotationally locked to one another (Chan, page 10, line 18-20, “when the connecting projection (22) is fully inserted, as shown in FIG. 4b, the locking projection (22') is fully connected to the connecting groove (32b) and is locked in place, thereby preventing detachment”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in view of Small to include the mating method of combining protrusions and apertures together taught by Chan in order to provide mechanical strength to the scoring bands. A person having ordinary skill in the art would know that applying the interlocking mechanical designs taught by Chan to the scoring bands would provide better reusability and environmental durability compared to gluing.
Regarding claim 18, Kickstarter discloses the scorekeeping system of claim 15 as discussed above and further discloses wherein each of the plurality of scoring bands comprises: an outer ring (Kickstarter, FIGURE 13), wherein the plurality of numbers, characters or symbols are depicted on an outer face of the outer ring (Kickstarter, FIGURE 13).
However, Kickstarter does not explicitly disclose a slide guide; and
wherein an inner face of the outer ring comprises a plurality of protrusions,
wherein the slide guide defines a plurality of apertures configured to mate with the plurality of protrusions, and
wherein the outer ring is rotationally secured to the slide guide by the mating of the protrusions and apertures so that both the slide guide and outer ring rotate together.
Small teaches various structures for attaching decorative rings onto a surface of a container (FIG. 1-A, 1-B, multiple rings 18A-18E are attached on the surface of a bottle 10. Small further teaches various structures for displaying information by releasably fixing information-bearing elements to a substrate (FIG. 7-A, 7-B, 7-C, multiple layers of ring-shape components are combined together to form the decorative rings via various methods). Small is considered to be analogous art because releasably fixing information-bearing elements to a substrate is reasonably within the same field of endeavor as the instant claims and reasonably pertinent to the problem faced by the inventor.
Small further teaches a slide guide (Small, FIG. 7-C, an outer tumbler 102. A pair of darkened side rings parallel to each other and sits on top of a base ring. The side rings are located on the edges of the base ring opposite to each other. Both the pair of side rings and the base ring form a groove or a channel).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter to include the slide guide taught by Small in order to consolidate an outer ring of Kickstarter onto the surface of a tumbler. A person having ordinary skill in the art would know that a scoring band featuring a slide guide provides the functionality for flexible outer ring replacement.
However, Kickstarter in view of Small does not explicitly disclose
wherein an inner face of the outer ring comprises a plurality of protrusions,
wherein the slide guide defines a plurality of apertures configured to mate with the plurality of protrusions, and
wherein the outer ring is rotationally secured to the slide guide by the mating of the protrusions and apertures so that both the slide guide and outer ring rotate together.
Chan teaches various structures for displaying information by releasably fixing information-bearing elements to a substrate (Chan, page 9, line 1-6, “The above objective can be achieved through a wristband for displaying contact information, characterized by comprising: an elastic band made of a ring-shaped elastic material to be worn elastically on the wrist and having a coupling hole perforated on one side of its outer surface; and a marking plate having a coupling projection detachable from the coupling hole of the elastic band and a marking portion formed on its upper surface to allow for the inscription of contact information”). Chan is considered to be analogous art because releasably fixing information-bearing elements to a substrate is reasonably within the same field of endeavor as the instant claims and reasonably pertinent to the problem faced by the inventor.
Chan further teaches wherein an inner face of the outer ring comprises a plurality of protrusions (Chan, figure 2b, number 22, 24; page 10, line 12-15, “after the marking plate (20) is placed in the seating groove (34) and pressed by hand, a plurality of connecting protrusions (22) protruding from the bottom surface of the marking plate (20) are each inserted into the connecting hole (32a) of the seating groove (34) as shown in FIG. 4a”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in view of Small to include a plurality of protrusions on an inner surface of a ring taught by Chan as a feature of an outer ring taught by Kickstarter. A person having ordinary skill in the art would know that the modified structure of the outer rings of Kickstarter in view of Small in view of Chan would create resistance force between the outer surface of the channels on a tumbler and the plurality of protrusions on the inner surface of the modified outer rings when users rotate the scoring bands, thus producing more reliable recording results.
Chan further teaches wherein the slide guide defines a plurality of apertures (Chan, figure 2a, 2b, 3, a base member 30 is having a plurality of apertures 32a defined through the base member 30) configured to mate with the plurality of protrusions (Chan, figure 3, protrusions on the inner surface of an arc structure are inserted through the apertures on the surface of the ring).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in view of Small to include releasably fixing information-bearing elements to a substrate via combining the apertures on the substrate’s surface and the protrusions on the fixing information-bearing elements together taught by Chan in order to provide component exchange mechanism to scoring bands. A person having ordinary skill in the art would know that utilizing Chan’s mating method permits the application of various outer ring design choices to a tumbler surface, yielding alternative structural configurations for recording processes.
Chan further teaches wherein the outer ring is rotationally secured to the slide guide by the mating of the protrusions and apertures so that both the slide guide and outer ring rotate together (Chan, page 10, line 18-20, “when the connecting projection (22) is fully inserted, as shown in FIG. 4b, the locking projection (22') is fully connected to the connecting groove (32b) and is locked in place, thereby preventing detachment”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in view of Small to include the mating method of combining protrusions and apertures together taught by Chan in order to provide mechanical strength to the scoring bands. A person having ordinary skill in the art would know that applying the interlocking mechanical designs taught by Chan to the scoring bands would provide better reusability and environmental durability compared to gluing.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kickstarter in view of Small in further view of Osborne (“Low-Friction & Abrasion Resistant Plastics – Osborne Industries” found at (https://www.osborneindustries.com/news/low-friction-abrasion-resistant-plastics/), June 20, 2019; the webpage is annotated as “Osborne_2019_Annotated.pdf” file (hereinafter Osborne)).
Regarding claim 6, Kickstarter in view of Small discloses the scorekeeping drinkware of claim 5 as discussed above, and Small further teaches wherein the slide guide is formed of a plastic material (Small, column 6, line 9-12, “The preferred embodiment uses injection molded plastic as the material for the housings and tumblers, however other suitable materials could be used in fabrication such as wood, die cast metals, etc.”) and the outer ring is formed of a rubber material (Small, column 12, line 4-9, “Indicia may be applied externally to the tumblers in any number of ways which could include indicia plates, split rings, clasps with snap features, hook and loop material (commonly known as Velcro.TM.), or as elastic material stretched and bonded to each tumbler”). A rubber material is elastic.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter to include the plastic slide guides and modify the outer rings of Kickstarter to be elastic by using a rubber material taught by Small in order to generate durable and replaceable scoring bands. A person having ordinary skill in the art would know that having this structure of scoring bands can prevent the outer rings from being worn out between the inner surface of the outer rings and the channels on the tumbler’s outer surface when users rotate the scoring bands (rotate the slide guide and the outer ring together).
However, Kickstarter in view of Small does not explicitly disclose wherein the plastic material has a lower coefficient of friction than the rubber material.
Osborne teaches abrasion-resistant plastics with a low coefficient of friction (Osborne, FIGURE 3, “Abrasion-resistant plastics with a low coefficient of friction are highly sought after materials for use in a wide variety of industrial applications. Plastic components that require contact with mating surfaces must offer outstanding resistance to wear, along with displaying long life and high performance under constant friction. Plastics that are abrasion resistant are designed to retain their appearance, and also reduce costs associated with maintenance, wear and tear, and the subsequent system downtime that would follow”). Osborne is considered to be analogous art because abrasion-resistant plastics with a low coefficient of friction is reasonably within the same field of endeavor as the instant claims and reasonably pertinent to the problem faced by the inventor.
Osborne further teaches wherein the plastic material has a lower coefficient of friction than the rubber material (Osborne, FIGURE 3(1), “Abrasion-resistant plastics with a low coefficient of friction are highly sought after materials for use in a wide variety of industrial applications. Plastic components that require contact with mating surfaces must offer outstanding resistance to wear, along with displaying long life and high performance under constant friction”; FIGURE 4(1),(2), “The range of coefficients of friction is near zero to greater than one, with the higher number having the greater force of friction, e.g., rubber on pavement”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in light of Small to include the friction relationship between the plastic material of Small and the rubber material of Small taught by Osborne in order to generate scoring bands that are abrasion resistant. A person having ordinary skill in the art would know that applying the friction relationship would reduce the cost associated with maintenance of the scoring bands and make the scoring bands more durable.
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kickstarter, Small, Chan in further view of Osborne (“Low-Friction & Abrasion Resistant Plastics – Osborne Industries” found at (https://www.osborneindustries.com/news/low-friction-abrasion-resistant-plastics/), June 20, 2019; the webpage is annotated as “Osborne_2019_Annotated.pdf” file (hereinafter Osborne)).
Regarding claim 19, Kickstarter in view of Small in view of Chan discloses the scorekeeping system of claim 18 as discussed above. However, Kickstarter in view of Small in view of Chan does not explicitly disclose wherein the slide guide is formed of a material with a lower coefficient of friction than the outer ring.
Osborne teaches abrasion-resistant plastics with a low coefficient of friction (Osborne, FIGURE 3, “Abrasion-resistant plastics with a low coefficient of friction are highly sought after materials for use in a wide variety of industrial applications. Plastic components that require contact with mating surfaces must offer outstanding resistance to wear, along with displaying long life and high performance under constant friction. Plastics that are abrasion resistant are designed to retain their appearance, and also reduce costs associated with maintenance, wear and tear, and the subsequent system downtime that would follow”). Osborne is considered to be analogous art because abrasion-resistant plastics with a low coefficient of friction is reasonably within the same field of endeavor as the instant claims and reasonably pertinent to the problem faced by the inventor.
Osborne further teaches wherein the slide guide is formed of a material with a lower coefficient of friction than the outer ring (Osborne, FIGURE 3(1), “Abrasion-resistant plastics with a low coefficient of friction are highly sought after materials for use in a wide variety of industrial applications. Plastic components that require contact with mating surfaces must offer outstanding resistance to wear, along with displaying long life and high performance under constant friction”; FIGURE 4(1),(2), “The range of coefficients of friction is near zero to greater than one, with the higher number having the greater force of friction, e.g., rubber on pavement”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kickstarter in light of Small to include the friction relationship taught by Osborne between a plastic slide guide of Small and an outer ring of Kickstarter made of rubber material taught by Small in order to generate scoring bands that are abrasion resistant. A person having ordinary skill in the art would know that applying the friction relationship would reduce the cost associated with maintenance of the scoring bands and make the scoring bands more durable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHEN-ZHONG LUO whose telephone number is (571)270-5946. The examiner can normally be reached Monday - Friday 7:30 AM - 5:00 PM.
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/Z.Z.L./Examiner, Art Unit 3715
/PETER S VASAT/Supervisory Patent Examiner, Art Unit 3715
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