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
In the amendment dated August 7, 2026, claims 1, 2, 7, 8, 16, and 17 were amended and claim 18 was cancelled. Claims 1-17 are pending with claims 9-15 withdrawn.
The amendments to the claims overcome the claim objections.
Applicant's arguments with respect the rejections of the claims of Bram in view of Pratchett have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-3 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. D596,899 to Spiller (hereinafter, “Spiller”) in view of U.S. Pat. 4,163,374 to Moore et al. (hereinafter, “Moore”).
Regarding claim 1, Spiller discloses an insulative beverage mug (see Figs. 1-7; Description) comprising: an insulative vessel (see Figs. 1-7) having an outer wall (see annotated Figs. 1 and 4 below); and a generally rigid handle (annotated Fig. 1), said handle (annotated Fig. 1) comprising a grip (annotated Fig. 1) and a connector (annotated Fig. 1), said connector (annotated Fig. 1) attaching said handle (annotated Fig. 1) to said outer wall (annotated Fig. 1); wherein, said grip (annotated Fig. 1) includes a generally cylindrical hollow section (annotated Fig. 4; see also Fig. 6) with a major axis (axis extends vertically in Fig. 4) and a diameter (see Figs. 4, 6) and an open top (annotated Fig. 4), said hollow section (annotated Fig. 4) being accessible via said open top (annotated Fig. 4); wherein, said hollow section (annotated Fig. 4) includes a platform (annotated Fig. 4) at the base thereof (annotated Fig. 4); and wherein, said grip (annotated Fig. 1) is formed of two semicylindrical wings (annotated Fig. 4; see also Fig. 6), said two wings (annotated Fig. 1) extending parallel to the major axis of said hollow section (axis extends vertically in Fig. 4) and partially enclosing said hollow section (annotated Fig. 4) so as to leave an elongated gap (annotated Fig. 4) between said two wings (annotated Fig. 4), said gap (annotated Fig. 4) having a width less than the diameter of said hollow section (see Figs. 4, 6), extending parallel to said major axis of said hollow section (axis extends vertically in Fig. 4), and intersecting with said open top (see annotated Fig. 4).
PNG
media_image1.png
746
1252
media_image1.png
Greyscale
Spiller Annotated Figures 1 and 4
Spiller does not expressly disclose the beverage mug is an insulative vessel having an inner wall and an outer wall with a void therebetween.
Moore teaches an insulative beverage container (see Figs. 1-2) comprising an insulative vessel (Figs. 1-4) having an inner wall (liner 16, Fig. 2) and an outer wall (cup 12, Figs. 1-2) with a void therebetween (space 20, Fig. 4). Moore teaches a flexible internal petal lid (ring 14, Fig. 2) comprising a side skirt (annotated Fig. 2 below) frictionally engaged to the outer wall of the vessel (Fig. 4; col. 6, ll. 36-39) about a rim of the vessel (lip 34, see Fig. 4), and a top (annotated Fig. 2) including a plurality of internal petals (flaps 40, Fig. 2). Moore teaches the internal petals extend from a central hole to an outer ring (annotated Fig. 2). Moore teaches the outer ring extends over the rim of the vessel and connects to the side skirt (Figs. 2-4). Moore teaches the internal petals bend into a hollow interior volume of the vessel and toward the inner wall (col. 5, ll. 20-27; col. 6, ll. 36-47). Moore further teaches that the two walled arrangement provides a prolonged low temperature condition of the beverage in the mug (col. 2, ll. 54-66). Moore further teaches that the petal lid permits the insulative container to hold a beverage in its own container such as a can, while trapping cold air within the insulative container, even when the beverage can does not snuggly engage the inner wall (col. 2, ll. ; col. 5, ll. 20-27; col. 6, ll. 42-47).
PNG
media_image2.png
807
522
media_image2.png
Greyscale
Moore Annotated Figure 2
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the beverage mug of Spiller to form the vessel with an inner wall and an outer wall with a void therebetween as taught by Moore for the purpose of providing a prolonged low temperature condition of the beverage in the mug (col. 2, ll. 54-66). It further would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the beverage mug of Spiller to provide a flexible internal petal lid having a side skirt and a plurality of internal petals that bend as taught by Moore for the purpose of holding beverage containers of different sizes while trapping cold air within the insulative tumbler, as recognized by Moore (see col. 2, ll. ; col. 5, ll. 20-27; col. 6, ll. 42-47).
Regarding claim 2, Spiller further discloses said connector (annotated Fig. 1) connects to said grip (annotated Fig. 1) at said open top (annotated Figs. 1, 4).
Regarding claim 3, Spiller further discloses a second connector (annotated Fig. 1), said second connector (annotated Fig. 1) connecting to said grip (annotated Fig. 1) to said outer wall (annotated Fig. 1).
Regarding claim 16, Spiller as modified by Moore already includes a flexible internal petal lid (Moore, ring 14), said flexible internal petal lid (Moore, ring 14) including: a side skirt (Moore, annotated Fig. 2) frictionally engaged (Moore, see Fig. 4; col. 6, ll. 36-39) to said outer wall of said vessel (Moore, cup 12) about a rim of said vessel (Moore, see Figs. 1-4); and a top (Moore, annotated Fig. 2) including a plurality of internal petals (Moore, flaps 40, Fig. 2), said internal petals extending from a central hole (Moore, annotated Fig. 2) to an outer ring (Moore, annotated Fig. 2), said outer ring extending over said rim of said vessel (Moore, lip 34, see Figs. 2-3) and connecting to said side skirt (Moore, annotated Fig. 2); wherein said internal petals (Moore, flaps 40) bend into a hollow interior volume of said vessel (Moore, annotated Fig. 2) and toward said inner wall (Moore, liner 16; col. 5, ll. 20-27; col. 6, ll. 36-47).
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Spiller in view of Moore as applied to claims 1 and 3 above, and further in view of U.S. Pub. 2019/0075914 to Teper et al. (hereinafter, “Teper”).
Regarding claim 4, Spiller as modified by Moore does not expressly disclose a hollow space below said platform, said hollow space including a cross-beam.
Teper teaches a beverage container (see Fig. 1) having an outer wall (body 102, Fig. 1) and a handle (handle 114, Fig. 1) comprising a grip (annotated Fig. 1 below) and a connector (top or bottom connector in annotated Fig. 1). Teper teaches a second connector connecting to the outer wall of the container (annotated Fig. 1). Teper teaches a hollow space (notched area 138, Figs. 21-22) at a bottom portion of the grip (annotated Fig. 1) that is partially in the grip and partially in the bottom/second connector (see annotated Fig. 1). Teper teaches the hollow space includes a cross-beam (fin 140, Figs. 1, 21-22). Teper further teaches that the hollow space and cross-beam permit attachment of a key ring (para. [0023]). Teper further teaches that this key ring attachment area permits a user to easily carry their keys and beverage container together without the use of a bulky bag (para. [0019]).
PNG
media_image3.png
714
606
media_image3.png
Greyscale
Teper Annotated Figure 1
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the beverage mug of Spiller/Moore to add a hollow space with a cross-beam at a bottom portion of the grip such that it is at least partially in the second connector as taught by Teper for the purpose of permitting attachment of a key ring to permit a user to easily carry their keys with their beverage container, as recognized by Teper (paras. [0019], [0023]). The beverage container of Spiller/Moore as modified to have the hollow space of Teper would have the hollow space below the platform.
Regarding claim 5, Spiller as modified by Moore and Teper already includes said hollow space (Teper, notched area 138) is at least partially in said second connector (Spiller, annotated Fig. 1; Teper, annotated Fig. 1).
Regarding claim 6, Spiller as modified by Moore does not expressly disclose a hollow space below said platform, said hollow space including a cross-beam.
Teper teaches a beverage container (see Fig. 1) having an outer wall (body 102, Fig. 1) and a handle (handle 114, Fig. 1) comprising a grip (annotated Fig. 1 above) and a connector (top or bottom connector in annotated Fig. 1). Teper teaches a hollow space (notched area 138, Figs. 21-22) at a bottom portion of the grip (annotated Fig. 1) that is partially in the grip and partially in the connector (see annotated Fig. 1). Teper teaches the hollow space includes a cross-beam (fin 140, Figs. 1, 21-22). Teper further teaches that the hollow space and cross-beam permit attachment of a key ring (para. [0023]). Teper further teaches that this key ring attachment area permits a user to easily carry their keys and beverage container together without use of a bulky bag (para. [0019]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the beverage mug of Spiller/Moore to add a hollow space with a cross-beam at a bottom portion of the grip such that it is at least partially within the connector partially within the grip and as taught by Teper for the purpose of permitting attachment of a key ring to permit a user to easily carry their keys with their beverage container, as recognized by Teper (paras. [0019], [0023]). The beverage container of Spiller/Moore as modified to have the hollow space of Teper would have the hollow space below the platform.
Regarding claim 7, Spiller as modified by Moore and Teper already includes said hollow space (Teper, notched area 138) is at least partially within said grip (Spiller, annotated Fig. 1; Teper, annotated Fig. 1).
Regarding claim 8, Spiller as modified by Moore and Teper already includes said hollow space (Teper, notched area 138) is at least partially within said connector (Spiller, annotated Fig. 1; Teper, annotated Fig. 1).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Spiller in view of Moore as applied to claim 16 above, and further in view of U.S. Pat. 5,660,292 to Scholfield (hereinafter, “Scholfield”).
Regarding claim 17, Spiller in view of Moore does not expressly disclose said flexible internal petal lid includes a cut-out in said side skirt to go over said connector where said connector connects to said outer wall.
Scholfield teaches a beverage container having an outer wall (member 12, Fig. 1) with a handle (handle 26, Fig. 1). The handle (handle 26) includes a grip (vertical member 34, Fig. 1) and a connector (horizontal member 30, Fig. 1). Scholfield teaches a lid (cover member 50, Fig. 5) with a side skirt (cylindrical portion 54, Fig. 5) that engages the outer wall of the vessel (see Fig. 5). Scholfield teaches a cut-out (notch 58, Fig. 3) in the side skirt (cylindrical portion 54) to go over the connector (horizontal member 30) where the connector connects to the outer wall (see Fig. 5). Scholfield further teaches that the cut-out in the lid receives the connector portion of the handle (col. 2, ll. 1-8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the beverage mug of Spiller/Moore to add a cut-out in the side skirt of the lid as taught by Scholfield for the purpose of fitting over the connector of the handle, as recognized by Scholfield (see col. 2, ll. 1-8).
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 LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LAURA E. PARKER/Primary Examiner, Art Unit 3733
