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 .
Response to Amendment
The amendment filed on 02/08/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1, 3, 5-9 and 11-17 are pending.
Claim Rejections - 35 USC § 112(b)
The 35 U.S.C. 112(b) rejections of claim(s) 10 is withdrawn as a result of the amendment.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1,3, 5-7, 9, 11-14 are rejected under 35 U.S.C. 103 as being unpatentable by Dunham et al. US 20160243969 A1 in view of Takuya Aoba JP 6550953 B2, herein after referred to as Dunham, Takuya and Malik respectively.
Regarding claim 1 Dunham discloses a convertible cup holder comprising (Figs. 1-9):
a first unit housing (24 tray and 102 tray) having a top, a bottom, a front, a back, a first side, a second side and an opening having a diameter (Figs. 1-9);
a second unit housing (28 bezel and 106 bezel) having a top, a bottom, a front, a back, a first side, a second side and an opening having a diameter (Figs. 1-9);
a hinge (30 hinge and 108 hinge) connecting the first unit to the second unit wherein the hinge allows the first unit to rotate with respect to the second unit from a first orientation to a second orientation (Figs. 1, 3, 5 and 6); and
wherein the opening of the first unit and the opening of the second unit are capable of securing a beverage container (Fig. 2).
Dunham is silent to at least one securing tab located within the opening of the first housing unit wherein the tab is capable of securing a beverage container and wherein the securing tab is flexible and wherein the hinge has internal rods and wherein the internal rods are removable from the hinge and wherein the removal of the internal rods of the hinge separates the first unit from the second unit.
Takuya teaches a unit housing (31 main body side cup holder and 32 lid side cup holder) with a holding portion (31a and 32a) for holding a beverage container with a flexible rubber securing tab (32c latching claws, paragraph [0028], Figs. 6-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the flexible rubber securing tabs as taught by Takuya as doing so is well known in the art and would yield predictable results. Additionally, the tabs allow for beverages of different sizes to be held more securely (paragraph [0029]).
Malik teaches a hinge (10 hinge plates) with removable internal rods (13 and 14 pins can be removed by user) and wherein the removal of the internal rods (13 and 14) of the hinge separates the portions of the hinge from each other (Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hinge connection of Dunham with the hinge of Malik as doing so is well known in the art and would yield predictable results as well as being a simple substitution. Further the hinge as taught by Malik would allow the unit to be held open so as to resist accidental closure while being transported with duel beverages as well as allowing for the separation of the housing units to allow for easier cleaning and replacement of a broken unit housing.
Regarding claim 3 Dunham as modified discloses the convertible cup holder of claim 2 and further discloses wherein the securing tab (32c) is made of rubber (paragraph [0028] line3-4 Takuya).
Regarding claim 5 Dunham as modified discloses a convertible the cup holder claim 1 and further discloses a magnet (66 and 126 magnet) located on the bottom of the first unit (Fig. 4 and Fig. 7).
Regarding claim 6 Dunham as modified discloses a convertible the cup holder claim 1 and further discloses a magnet (128 magnet) located on the bottom of the second unit (paragraph [0023 lines 4-5, Fig. 7).
wherein the magnet on the bottom of the first unit is attracted to the magnet on the bottom of the second unit and wherein the magnets of the first unit and the second unit temporarily and removably secure the convertible cup holder in a folded orientation.
Regarding claim 7 Dunham as modified discloses a convertible the cup holder claim 1 and further discloses a magnet (66 and 126 magnet) on the bottom of the first unit (Fig. 4 and Fig. 7) and a magnet (128 magnet) located on the bottom of the second unit (paragraph [0023 lines 4-5, Fig. 7). Dunham discloses substantially all the limitations of the claim(s) except for wherein the magnet on the bottom of the first unit is attracted to the magnet on the bottom of the second unit and wherein the magnets of the first unit and the second unit temporarily and removably secure the convertible cup holder in a folded orientation. It would have been obvious to one having ordinary skill in the art at the time the invention was made to reverse the hinge fold direction so as to have the magnets adjacent to each other so as to temporarily and removably secure the cup holder in a folder orientation, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art.
Regarding claim 9 Dunham as modified discloses a convertible the cup holder claim 1 and further discloses a storage compartment (40 first pouch, 52 second pouch and 112 first pouch) attached to the first unit or the second unit (Figs. 1-9).
Regarding claim 11 Dunham as modified discloses a convertible the cup holder claim 1 and further discloses wherein the second unit rotates one hundred and eighty degrees with respect to the first unit (Figs. 1-6).
Regarding claim 12 Dunham as modified discloses a convertible the cup holder claim 1 and further discloses wherein the second housing (28 and 106) unit lacks a securing tab (Figs. 1-6).
Regarding claim 13 Dunham as modified discloses a convertible the cup holder claim 1 and further discloses wherein the opening of the first housing unit and the opening of the second housing unit extends completely through the first housing unit and the second housing unit (Figs. 1-2 and 4).
Regarding claim 14 Dunham as modified discloses a convertible the cup holder claim 1. Dunham as modified discloses substantially all the limitations of the claim(s) except for the first and second housing units having different opening diameters. It would have been an obvious matter of design choice to make the opening diameters different with the second housing unit having a smaller opening than the first, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. Additionally variable openings allows for a wider assortment of beverages containers.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Dunham Takuya and Malik as applied to claim 1 and in further view of Wang US 5,860,559, herein after referred to as Wang.
Regarding claim 8 Dunham as modified discloses the convertible cup holder of claim 1. Dunham is silent to an anti-slip material located on the bottom of the first unit and the bottom of the second unit.
Wang teaches a cup holder (Figs. 1-2) with an anti-slip material (3 anti-skid packing ring) on the bottom of the cup holder.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cup holder of Dunham to include the anti-slip material located on the bottom of the first and second unit as doing so is well known in the art and would yield predictable results as shown by Wang. Additionally, including the anti-slip material as taught by Wang will prevent the cup holders of Dunham from scratching any underlying surfaces when in the open position and prevent the holders from moving when in motion. Further it would allow an item to be more securely placed on the cup holder in the closed position as shown in Fig. 5.
Claim(s) 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Proffit US 3,039,616 in view of Takuya.
Regarding claim 15 Proffit discloses a convertible cup holder comprising (Figs. 1-3):
a first unit housing (66 insert) having a top, a bottom, a front, a back, a first side, a second side and an opening having a diameter (Figs. 1-3);
a second unit housing (70 insert) having a top, a bottom, a front, a back, a first side, a second side and an opening having a diameter (Figs. 1-3);
a hinge (76 upstanding pin) connecting the first unit to the second unit wherein the hinge allows the first unit to rotate with respect to the second unit from a first orientation to a second orientation (Figs. 1-3);
wherein the opening of the first unit and the opening of the second unit are capable of securing a beverage container (Figs. 2-3);
wherein the second housing unit (70) lacks a securing tab (Figs. 1-3).
Proffit is silent to at least one securing tab located within the opening of the first housing unit wherein the tab is capable of securing a beverage container and wherein the securing tab is flexible.
Takuya teaches a unit housing (31 main body side cup holder and 32 lid side cup holder) with a holding portion (31a and 32a) for holding a beverage container with a flexible rubber securing tab (32c latching claws, paragraph [0028], Figs. 6-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the flexible rubber securing tabs as taught by Takuya as doing so is well known in the art and would yield predictable results. Additionally, the tabs allow for beverages of different sizes to be held more securely (paragraph [0029]).
Regarding claim 16 Proffit discloses the convertible cup holder of claim 15 and further discloses wherein the opening of the first housing unit and the opening of the second housing unit extends completely through the first housing unit and the second housing unit (Figs. 1-3).
Regarding claim 17 Proffit discloses the convertible cup holder of claim 15 and further discloses wherein the opening of the first housing unit (66) has a diameter and wherein the opening of the second housing (70) unit has a diameter and wherein the diameter of the opening of the second housing (70) unit is smaller than the diameter of the opening of the first housing unit (the second housing unit 70 is stacked within the opening of the second housing unit 66 and is thusly smaller as it is within the second opening, Figs. 1-2).
Response to Arguments
Applicant's arguments filed 02/08/2026 have been fully considered but they are not persuasive. Applicant argues that “neither Dunham nor Takuya Aoba teach or disclose a convertible cup converter having the features of Applicant’s amended claims”. It is the combined teachings of Dunham, Takuya and Malik that disclose the features of the amended claims as is disclosed the rejection above. Applicant argues that neither Dunham nor Takuya disclose an optional storage compartment. Examiner disagrees. Applicant argues that the pouch 40 is equivalent to applicants 80 or 100, examiner disagrees. The opening in the frame is equivalent to applicants 80 or 100. The pouch 40 is attached to the lower end of the opening and creates a compartment. The frame is capable of holding the beverage and is thusly the unit housing. The compartment (40 first pouch) is capable of holding anything as it has a closed bottom as well as holding items below a beverage held by the frame opening. Applicant further states the storage compartment and the opening are two distinct features, that is not recited in the claim. The claim merely recites “a storage compartment attached to the first unit or second unit”, it does not recite how it is attached or where it is in relationship to the opening or either the first or second housing unit.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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