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 .
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.
Claims 1, 3, 4, 6, 8-10, 12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roth et al. (U.S. 7,866,183). Roth et al. teaches a beverage container 10, shown in figure 1, configured to contain different beverages at different temperatures, the beverage container comprises a cup section 14 configured for containing a first beverage at a first temperature, a detachable insulated section 12 configured to contain a beverage can storing a second beverage (capable of containing an appropriately sized beverage can) at a second temperature, wherein the detachable insulated section 12 is configured to be attached with the cup section 14 from a bottom side of the cup section (via threads at 16, 18), and a lid 40 configured to engage with the cup section from an upper side of the cup section (figure 1), the lid 40 comprising an aperture at 54 configured to have an arrangement at 56 to expose the cup section in an open configuration enabling a user to drink the first beverage and seal the cup section in a closed configuration.
Regarding claim 3, the cup section 14 comprises a non-insulated container (figure 4).
Regarding claim 4, the insulated section 12 comprises a double-walled construction (walls 24, 26) having an outer layer 24 and an inner layer 26 made of an insulating material (capable of providing insulating properties).
Regarding claim 6, the first temperature and the second temperature may be same or different temperatures (as the upper compartment is not insulated).
Regarding claim 8, the cup section comprises a first engagement mechanism at 76 at the upper side and a second engagement mechanism at 18 at the bottom side.
Regarding claim 9, the first engagement mechanism at 76 enables the cup section to engage with a corresponding third engagement mechanism at 74 of the lid 40 provided on its bottom side.
Regarding claim 10, the second engagement mechanism at 18 enables the cup section to engage with a corresponding fourth engagement mechanism at 16 of the insulated section provided on its upper side.
Regarding claim 12, the first engagement mechanism 76 comprises an upper connecting part and the third engagement mechanism 74 comprises a gripping ring, wherein the gripping ring is configured to be engaged with the upper connecting part to form a male and a female connector (figure 6A).
Regarding claim 14, the first engagement mechanism 76 comprises a first pattern (annular pattern) and the third engagement mechanism 74 comprises a second pattern (annular pattern) configured to engage as a male-female connector (figure 6A).
Regarding claim 15, the first pattern and the second pattern may comprise one or more of a regular matrix, an irregular matrix, slits, shape-oriented modules (annular is a shape oriented module), or a combination thereof.
Regarding claim 16, the first engagement mechanism 74 and the third engagement mechanism 76 comprise protrusions (74) and indentations (76)-based engagement mechanism.
Regarding claim 17, the lid 40 further comprises one or more foldable covers 56 configured to cover a small part of the cup section and tightly fit the lid over the cup section in a closed configuration (figure 3).
Regarding claim 18, the aperture (defined by 54) of the lid 40 comprises a section 56 configured to open the lid and expose the cup section in the open configuration enabling the user to drink the first beverage.
Claim Rejections - 35 USC § 103
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 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Roth et al. (U.S. 7,866,183) in view of Ward et al. (U.S. 5,531,353). Roth et al. discloses the claimed invention except for the cup section being insulated. Ward et al. teaches that it is known to provide a container wherein the cup section is insulated (see element 12 in 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 provide the container of Roth et al. with the cup section being insulated, as taught by Ward et al., in order to maintain the contents of the cup section at a more constant temperature.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Roth et al. (U.S. 7,866,183) in view of Irish (U.S. 2014/0209621). Roth et al. discloses the claimed invention except for the insulated section comprising a single-walled construction having a layer made of an insulating material. Irish teaches that it is known to provide a container wherein the insulated section comprises a single-walled construction having a layer made of an insulating material (see element 12 in figure 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Roth et al. with the insulated section comprising a single-walled construction having a layer made of an insulating material, as taught by Irish, in order to maintain the contents of the insulated section at a constant temperature while reducing material costs by providing a single layer of material.
Claims 7, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Roth et al. (U.S. 7,866,183) in view of Alonso et al. (EP 182752A).
Regarding claim 7, Roth et al. discloses the claimed invention except for the one or more additional insulated sections. Alonso et al. teaches that it is known to provide a container with one or more additional insulated sections (see element 1 in figure 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Roth et al. with the one or more additional insulated sections, as taught by Alonso et al., in order to store additional contents in separate compartments.
Regarding claim 19, Roth et al. discloses the claimed invention except for the one or more additional insulated sections. Alonso et al. teaches that it is known to provide a container with one or more additional insulated sections (see element 1 in figure 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Roth et al. with the one or more additional insulated sections, as taught by Alonso et al., in order to store additional contents in separate compartments.
Regarding claim 20, Roth et al. discloses the claimed invention except for the lid being configured to be attached to the upper side of the insulated section. Alonso et al. teaches that it is known to provide a container with the lid being configured to be attached to the upper side of the insulated section (see element 13 in figure 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Roth et al. with the lid being configured to be attached to the upper side of the insulated section, as taught by Alonso et al., in order to optionally store additional contents in separate compartments.
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Roth et al. (U.S. 7,866,183) in view of Pucci (U.S. 8,528,759).
Regarding claim 11, Roth et al. discloses the claimed invention except for the first and third engagement mechanisms comprising a set of grooves. Pucci teaches that it is known to provide a container with first and third engagement mechanisms comprising a set of grooves (see figures 7 and 14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Roth et al. with the first and third engagement mechanisms comprising a set of grooves, as taught by Pucci, in order to securely fasten the lid to the container in a manner that prevents accidental removal of the lid.
Regarding claim 13, Roth et al. discloses the claimed invention except for the first and third engagement mechanisms comprising screw threads. Pucci teaches that it is known to provide a container with first and third engagement mechanisms comprising screw threads (see figures 7 and 14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Roth et al. with the first and third engagement mechanisms comprising screw threads, as taught by Pucci, in order to securely fasten the lid to the container in a manner that prevents accidental removal of the lid.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the cup section and detachable section.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736