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 .
Manner of Making Amendments
The manner of making amendments does not follow Rule 121. One example, claim 20 is a new claim and has the “currently amended” status identifier. Another example, claim 4 has the status identifier “previously presented,” yet after the preamble the claim is entirely reword to discuss a snap on lid rather than a threaded connection.
Claim Objections
Claim 17 is objected to because of the following informalities: Claim 17 adds a limitation but fails to provide a conjunction such as “and” to transition to the second limitation. See second to last line of claim 17. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 13 and 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.
Claim 13 recites the limitation "the first end" in the last line. There is insufficient antecedent basis for this limitation in the claim. Which “first end?” Claim 13 introduces the first end of the hollow cylindrical shape of the insulated portion and claim 1 introduces the first end of the canister container in lines 7-8. Claim 20 recites the limitation "the first end" in the last line. The reasoning is similar to the reasoning stated for claim 13.
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, 5, 7, 9-10, 12-14, 16, 18 and 20 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Ruderian (US 2833436).
Ruderian discloses a multi-compartment storage device, comprising: a canister container comprising: a first compartment (interior of shell 3) configured to store dry goods; a second compartment (interior of shell 4) configured to store a liquid; a divider wall (interior mounted disk 16) defining the first compartment and the second compartment, wherein each of the first compartment and the second compartment is independently accessible; a first seal (cup 14) coupled to the first compartment disposed on a first end of the canister container; and a second seal (cup 19) coupled to the second compartment disposed on a second end of the canister container; and an insulated portion (vacuum vessel 1) comprising an insulated shell defining an internal compartment and a hollow shell, the internal compartment defined within the hollow shell, wherein the insulated portion is removable from one of the first compartment or the second compartment.
Re claim 5, the second seal comprise a threaded connection to couple the second seal to the second end of the canister container.
Re claim 7, the first seal comprises a threaded connection to couple the first seal to the first end of the canister container.
Re claim 9, the first seal and the second seal comprises a threaded connection to couple the first seal to the first end and the second seal to the second end of the canister container respectively.
Re claim 10, the divider wall is parallel to the first seal and the second seal.
Re claim 12, the insulated portion comprises a hollow cylindrical shape containing an insulated material within walls of the hollow cylindrical shape.
Re claim 13, the insulated portion further comprises an insulated floor at a first end of the hollow cylindrical shape extending across a diameter of the first end of the insulated floor.
Re claim 14, Ruderian discloses a multi-compartment storage device, comprising: a canister container comprising: a thin-walled first compartment (interior of shell 3) configured to store goods at an ambient temperature; an insulated second compartment (interior of shell 4 and insulated insofar as shown by the present invention that a single wall is an insulated wall) configured to store goods above or below the ambient temperature; a divider wall (interior mounted disk 16) defining a first compartment and a second compartment, wherein each of the first compartment and the second compartment is independently accessible; a first seal (cup 14) coupled to the first compartment disposed on a first end of the canister container; and a second seal (cup 19) coupled to the second compartment disposed on a second end of the canister container; wherein the divider wall is parallel to the first seal and the second seal; and an insulated portion (vacuum vessel 1) comprising an insulated shell (inner shell of vessel 1) defining an internal compartment and a hollow shell (outer shell of vessel 1), the internal compartment defined within the hollow shell, wherein the insulated portion is removable (detachable portion 9 holds the vacuum vessel 1 within the first compartment) from one of the first compartment or the second compartment.
Re claim 16, the second seal comprise a threaded connection to couple the second seal to the second end of the canister container.
Re claim 18, the first seal and the second seal comprises a threaded connection to couple the first seal to the first end and the second seal to the second end of the canister container respectively.
Re claim 20, the insulated portion comprises: a hollow cylindrical shape containing an insulated material within walls of the hollow cylindrical shape; and an insulated floor at a first end of the hollow cylindrical shape extending across a diameter of the first end.
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) 2 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruderian in view of Haas (US 2023/0119726).
Re claim 2, Ruderian fails to disclose tabs. Haas teaches a similar threaded connection between deformable flange 40 on the interior lip of a compartment and the glass structure 30 of body 36 interiorly mounted within the compartment. As indicated in the last 9 lines of paragraph [83], the threads may be continuous (a helical thread) or interrupted (gaps and discontinuities). Interrupted threads form a structure with a series of tabs or projections spaced from each other on a first element that engage other tabs or projections of similar spacing from each other on a second element to form the mating thread pattern. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the threads to be interrupted threads and the claimed tabs to provide quicker attachment and detachment as compared to a helical thread which takes more rotation and time to attach and detach.
Re claim 21, the first compartment or the second compartment comprises a threaded portion (threaded lip 18 of Ruderian) disposed on an inner surface of the first compartment or the second compartment. Ruderian fails to disclose a threaded connection disposed on an exterior surface of the insulated shell. Haas teaches a similar threaded connection between deformable flange 40 on the interior lip of a compartment and the glass structure 30 of body 36 (with body 36 considered to be an insulated portion) interiorly mounted within the compartment. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the threaded connection to be directly on the insulated portion of Ruderian as this would eliminate the intermediate part (upper portion 9) and simplify assembly and inventory because less parts are necessary.
Claim(s) 4, 6, 8 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruderian in view of Knudsen (US 4044941).
Ruderian discloses first and second seals or lids as the cup 14 and cup 19, respectively. Ruderian fails to disclose the lid connections being a snap on type lid connections. Knudsen teaches a reuseable snap on type lid connection [the snap-type lid L has a flange 30 having an inwardly directed lip 36 with beveled upper and lower surfaces 38, 40, see column 3, lines 60-64]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the lid connections to be a snap on lid connections rather than threaded connections for the quick connection as compared to rotating a threaded connection, the positive reinforcement (feel and sound of snap) to insure lid closure.
Claim(s) 11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruderian in view of Adams, Jr. et al. (US 2020/0407123) (Adams).
Ruderian fails to disclose that its lid is insulated. Adams teaches an insulated lid with vacuum insert 170. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the lid to be insulated to prevent heat loss or heat infiltration (heat transfer) which would make cold food or drink hot or hot food or drink cold.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruderian in view of Haas and Knudsen.
Re claim 17, the first compartment or the second compartment comprises a threaded portion (threaded lip 18 of Ruderian) disposed on an inner surface of the first compartment or the second compartment. Ruderian fails to disclose a threaded connection disposed on an exterior surface of the insulated shell. Haas teaches a similar threaded connection between deformable flange 40 on the interior lip of a compartment and the glass structure 30 of body 36 (with body 36 considered to be an insulated portion) interiorly mounted within the compartment. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the threaded connection to be directly on the insulated portion of Ruderian as this would eliminate the intermediate part (upper portion 9) and simplify assembly and inventory because less parts are necessary.
Ruderian discloses first and second seals or lids as the cup 14 and cup 19, respectively. Ruderian fails to disclose the lid connections being a snap on type lid connections. Knudsen teaches a reuseable snap on type lid connection [the snap-type lid L has a flange 30 having an inwardly directed lip 36 with beveled upper and lower surfaces 38, 40, see column 3, lines 60-64]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the lid connections to be a snap on lid connections rather than threaded connections for the quick connection as compared to rotating a threaded connection, the positive reinforcement (feel and sound of snap) to insure lid closure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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.
sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733