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 .
Claim Rejections - 35 USC § 102
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)(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(s) 1, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by McKinney (US Pub No. 2007/0068944).
With respect to claim 1, McKinney shows an insulated replaceable sleeve (30) that is configured to be releasably secured to a pitcher (22) wherein the sleeve (30) comprises: a wall member (wall of sleeve 30), said wall member being integrally formed with a bottom member (106) forming an interior volume, said wall member having a first layer (100) and a second layer (102), said wall member having an upper end wherein an opening is present at said upper end, said opening providing access to said interior volume, said bottom being proximate a lower end of said wall member, said first layer (100) of said wall member having an outer surface, said outer surface having decorative indicia (230) imprinted thereon, said second layer (102) of said wall member being manufactured from a thermal insulating material; and a writing member (156), said writing member (156) being present on said outer surface of said first layer (100) of said wall member, said writing member (156) configured to have writing media marked thereon and subsequently removed.
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 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over McKinney in view of Kelly (US Pub No 2011.0185764).
McKinney discloses the invention substantially as claimed.
However McKinney does not disclose claim 2, a temperature member, said temperature member being present on said first layer of said wall member, said temperature member configured to detect and present a temperature of the wall member, claim 4, wherein said temperature member employs thermochromic dyes to provide a visual indication of the temperature of the wall member..
Kelly teaches including a temperature member (see figs. 24-36) (thermochromic ink 222), said temperature member being present on said first layer (outer layer) of said wall member, said temperature member configured to detect and present a temperature of the wall member, claim 4, wherein said temperature member employs thermochromic dyes (ink on plastic layer 222) to provide a visual indication of the temperature of the wall member (see paragraph 42), in the same field of endeavor for the purpose of informing user or temperature of the container.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a thermochromic ink temperate member to the outer layer of McKinney in order to alert the user of the temperature of the contents, hot or cold.
With respect to claim 3, McKenney further shows wherein said wall member further includes a perforated member (238), said perforated member (238) being proximate an upper perimeter edge of said wall member, said perforated member (238) having a first end and a second end, wherein said first end and said second end are proximate said upper perimeter edge.
With respect to claim 5, McKenney further shows wherein the perforated member (238) is adjacent a handle (44 or 284, both meet -handle-)) of the pitcher (22) ensuing the insulated replaceable sleeve (30) being releasably secured to the pitcher.
With respect to claim 6, McKenney further shows wherein the first layer (100) of the wall member is manufactured from a plastic film (clear plastic 136).
Conclusion
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/SHAWN M BRADEN/ Primary Examiner, Art Unit 3736