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 of Species A (claims 1-8 and 16-18) in the reply filed on March 23, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 9-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species.
Requirement for Information
Applicant and the assignee of this application are required under 37 CFR 1.105 to provide the following information that the examiner has determined is reasonably necessary to the examination of this application.
An issue of public use, on sale activity, or other public availability has been raised in this application. In order for the examiner to properly consider patentability of the claimed invention under 35 U.S.C. 102(a)(1), additional information regarding this issue is required as follows:
In response to this requirement, please provide the names of any products or services that have incorporated the claimed subject matter, the date any such products were first publicly in use, and the date any such products were first on sale.
The applicant is reminded that the reply to this requirement must be made with candor and good faith under 37 CFR 1.56. Where the applicant does not have or cannot readily obtain an item of required information, a statement that the item is unknown or cannot be readily obtained may be accepted as a complete reply to the requirement for that item.
This requirement is an attachment of the enclosed Office action. A complete reply to the enclosed Office action must include a complete reply to this requirement. The time period for reply to this requirement coincides with the time period for reply to the enclosed Office action.
Information Disclosure Statement
The information disclosure statement filed January 24, 2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the inventor name does not match the patent number for U.S. Pat. 6,092,947. Further, this patent number appears irrelevant to the claimed invention. Note – it appears this should have been U.S. Pat. 6,092,647 to Yeh, which the examiner has cited on the attached PTO-892.
It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Objections
Claims 1 and 18 are objected to because of the following informalities:
At claim 1, line 8: “two-semicylindrical” should read “two semicylindrical”;
At claim 18, line 8: the period after “skirt” should be a comma or semicolon.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 18 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pat. 4,163,374 to Moore et al. (hereinafter, “Moore”).
Regarding claim 18, Moore discloses 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); a flexible internal petal lid (ring 14, Fig. 1), said flexible internal petal lid (ring 14) including: a side skirt (annotated Fig. 2 below) frictionally engaged (see Fig. 4; col. 6, ll. 36-39) to said outer wall (cup 12) of said vessel (Fig. 1) about a rim (lip 34, Fig. 4) of said vessel (see Figs. 1-4); and a top (annotated Fig. 2) including a plurality of internal petals (flaps 40, Fig. 2), said internal petals (flaps 40) extending from a central hole (annotated Fig. 2) to an outer ring (annotated Fig. 2), said outer ring (annotated Fig. 2) extending over said rim (lip 34) of said vessel (see Figs. 2-3) and connecting to said side skirt (annotated Fig. 2); wherein said internal petals (flaps 40) bend into a hollow interior volume of said vessel (annotated Fig. 2) and toward said inner wall (liner 16; col. 5, ll. 20-27; col. 6, ll. 36-47).
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Moore Annotated Figure 2
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 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 2024/0092535 to Bram et al. (hereinafter, “Bram”) in view of U.S. Pub. 2024/0081567 to Padgett (hereinafter, “Padgett”).
Regarding claim 1, Bram discloses an insulative beverage mug (container 1, Fig. 1) comprising: an insulative vessel (canister 10, Fig. 1) having an inner wall (para. [0039]) and an outer wall (outer surface of wall 12, Fig. 1; para. [0039]) with a void therebetween (para. [0039]); and a handle (handle 20, Fig. 1), said handle comprising a grip (side portion 22, Fig. 1) and a connector (top portion 26 or bottom portion 24, Fig. 1), said connector (top portion 26 or bottom portion 24) attaching said handle (handle 20) to said outer wall (outer surface of wall 12, see Fig. 1); wherein, said grip (side portion 22, Fig. 1) includes a hollow section (slot 23, Fig. 1) with a major axis (annotated Fig. 3 below), said hollow section (slot 23) being accessible (see e.g., Figs. 5A-5C); wherein, said hollow section (slot 23) includes a platform (annotated Fig. 3) at the base thereof (annotated Fig. 3); and wherein, said grip (side portion 22) is formed of two wings (annotated Fig. 3), said two wings (annotated Fig. 3) extending parallel to the major axis (annotated Fig. 3) of said hollow section (slot 23) and partially enclosing said hollow section (slot 23, see Fig. 3) so as to leave an elongated gap (annotated Fig. 3) between said two wings (annotated Fig. 3), said gap (annotated Fig. 3) having a width (see Fig. 3) less than the diameter of said hollow section (slot 23, see Fig. 3) and extending parallel to said major axis (annotated Fig. 3) of said hollow section (slot 23).
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Bram Annotated Figure 3
Bram does not expressly disclose the hollow section is generally cylindrical and the hollow section has a diameter and an open top, said hollow section being accessible via said open top, and the grip is formed of two semi-cylindrical wings.
Padgett teaches a similar beverage mug (see Fig. 1) comprising a handle (see Fig. 1) with a grip (cylinder 103, Fig. 1) and a connector (strap 105, Fig. 1) attaching the handle to the outer wall (see Fig. 1). Padgett teaches the grip includes a generally cylindrical hollow section (inside 104, Fig. 1) with a major axis (axis extends vertically in Fig. 1) and a diameter (see Fig. 1). Padgett teaches the hollow section (inside 104) is accessible via the open top (see Fig. 1). Padgett teaches the hollow section includes a platform at a base (bottom end 104a, Fig. 1). Padgett teaches the connector (top strap 105) connects to the grip (cylinder 103) at the open top (see Fig. 1) and a second connector (bottom strap 105) connects the grip to the outer wall (see Fig. 1). Padgett further teaches that the generally cylindrical grip with a cylindrical hollow section allows the hollow section to conveniently store a small cylindrical object, such as a cigarette lighter, flashlight, or penlight (paras. [0016], [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 Bram to form the hollow section with a generally cylindrical shape and an open top as taught by Padgett for the purpose of conveniently storing a small cylindrical object, as recognized by Padgett (see paras. [0016], [0019]). The beverage mug of Bram as modified to have the hollow section be generally cylindrical would have the two wings with a semi-cylindrical shape.
Regarding claim 2, Bram as modified by Padgett already includes discloses said connector (Bram, top portion 26) connects to said grip (Bram, side portion 22) at said open top (see Bram, Fig. 1; Padgett, Fig. 1).
Regarding claim 3, Bram further discloses a second connector (bottom portion 24, Fig. 1), said second connector connecting (bottom portion 24) to said grip (side portion 22) to said outer wall (outer surface of wall 12, see Fig. 1).
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Bram in view of Padgett 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, Bram as modified by Padgett 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]).
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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 Bram/Padgett 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 Bram/Padgett as modified to have the hollow space of Teper would have the hollow space below the platform.
Regarding claim 5, Bram as modified by Padgett and Teper already includes said hollow space (Teper, notched area 138) is at least partially in said second connector (Bram, bottom portion 24; Teper, annotated Fig. 1).
Regarding claim 6, Bram as modified by Padgett 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 Bram/Padgett 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 Bram/Padgett as modified to have the hollow space of Teper would have the hollow space below the platform.
Regarding claim 7, Bram as modified by Padgett and Teper already includes said hollow space (Teper, notched area 138) is at least partially within said grip (Bram, side portion 22; Teper, annotated Fig. 1).
Regarding claim 8, Bram as modified by Padgett and Teper already includes said hollow space (Teper, notched area 138) is at least partially within said connector (Bram, bottom portion 24; Teper, annotated Fig. 1).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Bram in view of Padgett as applied to claim 1 above, and further in view of Moore.
Regarding claim 16, Bram as modified by Padgett does not expressly disclose a flexible internal petal lid, said flexible internal petal lid including: a side skirt frictionally engaged to said outer wall of said vessel about a rim of said vessel; and a top including a plurality of internal petals, said internal petals extending from a central hole to an outer ring, said outer ring extending over said rim of said vessel and connecting to said side skirt; wherein said internal petals bend into a hollow interior volume of said vessel and toward said inner wall.
Moore teaches an insulative beverage container (see Fig. 2) comprising a vessel with an inner wall (liner 16, Fig. 2) and an outer wall (cup 12, Fig. 2). Moore teaches a flexible internal petal lid (ring 14, Fig. 2) comprising a side skirt (annotated Fig. 2 above) 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 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).
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 Bram/Padgett 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).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Bram in view of Padgett and 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, Bram in view of Padgett and Moore does not expressly disclose said flexible internal petal lid including 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 Bram/Padgett/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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Pat. D1,024,686 to Huesser discloses a beverage container having a lid with a plurality of internal flexible petals (see Figs. 1-12).
US Pat. 6,092,647 to Yeh et al. discloses a beverage container having a handle with a grip that has a generally cylindrical hollow section accessible via an open top (see Fig. 1).
U.S. Pat. 4,299,100 to Crisman et al. discloses a beverage container with inner and outer walls and having a lid with a plurality of internal flexible petals (see Figs. 1-5).
U.S. Pat. D596,899 to Spiller discloses a beverage container having a handle with a grip that has a hollow section with a platform at the base and an open top and formed from two wings (see Figs. 1-7).
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.
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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.
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/LAURA E. PARKER/Examiner, Art Unit 3733