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 .
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-5, 8-20) in the reply filed on 3/23/2026 is acknowledged. The traversal is on the ground(s) that there is no search burden to find the different species. This is not found persuasive because applicant is only allowed one invention per application and the species are patentably distinct based on their distinct features.
The requirement is still deemed proper and is therefore made FINAL.
Upon further review, claims 11-16 are directed to non-elected embodiment and are thus hereby WITHDRAWN. Claims 1-5, 8-10, 17-20 are examined accordingly.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “temperature-regulating medium” in claim 1, 15, 17 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5, 8-10, 18-19 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claims 1, 18, there is no support in the original disclosure for first opening having a first diameter smaller than outer diameter of the medium holder and second opening having a second diameter larger than outer diameter of inner container and thus it constitutes new matter. In particular, the original disclosure is silent regarding the diameters of the openings in relation to inner container and medium holder.
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 1-5, 8-10, 18-20 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.
Regarding claim 1, the recitation of “each medium holder” and” each storage space” is unclear because the claims recite one medium holder and storage space. Furthermore, regarding claim 1, 18, the scope of the claims is unclear because it further recites structure of the connector in relation to an inner container; however, the inner container is not explicitly claimed, thus rendering the scope of the claims unclear. In particular, it is not clear if applicant is claiming the combination of the outer container, medium holder and inner container or the subcombination of the outer container and medium holder capable of functioning with an inner container.
Regarding claim 2, ”the medium holders” lack antecedent basis.
Regarding claim 20, the claims recite a connector; however, the parent claim already discloses a connector and it is unclear if they are referring to the same connector or to a different connector.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 2015/0282652 to Honarvar et al. (Honarvar).
Regarding claim 1, Honarvar discloses a temperature-controlled cup (Fig 1) comprising an outer container (14), at least one medium holder (20) removably accommodate within the outer container, each medium holder provided with a storage space to accommodate an inner container, temperature regulating medium (22) accommodate within each storage space, a lid (90), a connector (16) comprising a first end (bottom) detachably connected to outer container (10) having a first opening, a second end (top) detachably connect to lid (90), having a second opening, wherein the first opening has a first diameter smaller than outer diameter of the medium holder (20), second opening has a second diameter larger than outer diameter of inner container (Fig 1). In particular, the cup is capable of functioning with an inner container as recited since it has the structure as recited.
Regarding claim 8, Honarvar further discloses inner container provided with connection structure compatible with breast pump or nipple (28) since it has the structure as recited.
Claim(s) 1-2, 4-5, 9, 17-18, 20, as best understood, is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 2021/0206534 to Yu.
Regarding claim 1, Yu discloses a temperature-controlled cup (Fig 1) comprising an outer container (10), at least one medium holder (20) removably accommodate within the outer container, each medium holder provided with a storage space to accommodate an inner container, temperature regulating medium (21) accommodate within each storage space, a lid (52), a connector (40) comprising a first end (43) detachably connected to outer container (10) having a first opening, a second end (41) detachably connect to lid (52), having a second opening, wherein the first opening has a first diameter smaller than outer diameter of the medium holder (20), second opening has a second diameter larger than outer diameter of inner container (Fig 1). In particular, the cup is capable of functioning with an inner container as recited since it has the structure as recited.
Regarding claim 2, Yu discloses medium holders (20) cylindrical and surround inner container when accommodated within the outer container (10) (Fig 1).
Regarding claim 4, Yu further discloses connector (40) has a first coupling structure (43) and outer container (10) has second coupling structure (12) corresponding to first coupling structure.
Regarding claim 5, Yu further discloses first coupling structure (43) located on inner wall of connector (40) and second coupling structure located on outer wall of outer container (10) (Fig 1).
Regarding claim 9, Yu further discloses diameter of first end (at 43) of connector (40) larger than diameter of second end (at 41) of connector (40) (Fig 1).
Regarding claim 17, Yu discloses a temperature-controlled cup comprising an outer container (10), a medium holder (20) removably accommodated within the outer container, the medium holder provided with a storage space to accommodate inner container, temperature-regulating medium (21) accommodate within the storage space, a lid (52) and a connector (40) comprising a first end (at 41) detachably connected to the lid (52) having a first opening configured to allow removal and insertion of the inner container out from and into outer container, a second end (at 43) detachably connect to outer container (10) to keep medium holder remaining inside outer container (Fig 1).
Regarding claim 18, as best understood, Yu further discloses medium holder (20) is cylindrical and can surround inner container when accommodated in outer container since it has the structure as recited, first opening (at 41) having a first diameter larger than outer diameter of inner container since it has the structure as recited, second end having a second opening (at 43) smaller than outer diameter of medium holder.
Regarding claim 20, as best understood, Yu further discloses a connector (40) having a first coupling structure (43) and outer container (10) has second coupling structure (12) corresponding to first coupling structure.
Claim(s) 3, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of US Patent No. 11,370,595 to Rojas.
Regarding claim 3, 19, Yu teaches the cup of claim 2, 18 but does not teach the medium holder as recited. Rojas discloses a holder (Fig 3) including a seal member (2), a cylindrical body (9), the body having an notch (above 5) formed at its end and provided with an injection port (1), sealing member (2) being placed in injection port (1) and configured to seal the port. One of ordinary skill in the art would have found it obvious to substitute the medium holder of Yu with a functional equivalent holder as suggested by Rojas in order to facilitate storing of contents since it has been held that simple substitution of one known element for another to obtain predictable results would have been obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu in view of US 2024/0325997 to Beardsell.
Regarding claim 10, Yu teaches the cup of claim 9 but does not teach the cup further comprising a handle connected to the connector. However, Beardsell discloses a cup (Fig 1) and in particular discloses a connector (125) with a handle (185) connected. One of ordinary skill in the art would have found it obvious to incorporate a handle to the Yu connector as suggested by Beardsell in order to facilitate handling.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT POON whose telephone number is (571)270-7425. The examiner can normally be reached Monday thru Friday, 8:30 am to 6:00 pm.
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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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/ROBERT POON/Examiner, Art Unit 3735
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