DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 10 recites “an outside compartment of the cup.” However, the specification does not reasonably convey to one of ordinary skill in the art that the inventor had possession of a cup including an outside compartment. While the specification references an “outside compartment” in paragraphs [0007] and [0015], the specification does not describe the structure or configuration of such a compartment. Furthermore, the drawings do not illustrate any outside compartment of the cup. The description of exterior features of the cup in paragraph [0068] discusses elements such as a narrow base, silicone bottom, straw holder, and sweat-proof body, but does not disclose any compartment structure located outside the cup. Accordingly, the specification fails to provide adequate written description support for the claimed outside compartment.
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 1-9,13 and 15 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.
Regarding claim 1, the terms “user-centric features” and “versatile use mechanism” are vague and does not particularly point out the subject matter regarded as the invention.
Regarding claim 2, the terms “approximately 13 ounces” and “around 40 ounces “ render the scope of the claim uncertain because the degree of approximation is not defined.
Regarding claim 4, the phrase “promoting better sanitation and ease of cleaning” is a subjective result-based limitation that fails to provide clear boundaries.
Regarding claim 5, the phrase “enhances drinking comfort” is a subjective term lacking an objective standard for determining the scope of the claim.
Regarding claim 6, the term “user-centric features” is a subjective and fails to provide clear boundaries for determining the scope of the claim.
Regarding claim 7, the phrase “dishwasher safety mechanism” is indefinite because the claim does not specify the structure that constitutes the mechanism. “ensuring the dishwasher is easily cleaned after use” is unclear, the claim appears to say the dishwasher is cleaned, not the cup.
Regarding claim 8, the term “sweat-proof body design” is indefinite because the claim does not provide an objective standard for determining when a body is sweat-proof.
Regarding claim 9, the term “versatile use mechanism” is indefinite because the claim does not recite any structure that constitutes the mechanism.
Regarding claim 13, the term “for you to put your straw through” renders the scope of the claim unclear because it introduces user-direct language rather than defining the structural relationship of the components. It is unclear as to whether the lid is a twist-on lid, an auto-lock lid or both. The handles lacks antecedent basis.
Regarding claim 15, the phrase “a dishwasher safe” lacks a noun and therefore is unclear. The phrase “a provision to add a straw holder” is indefinite because it does not clearly define the structure that constitutes the provision.
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) 1-11 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shamoon US9,120,599.
1. Shamoon teaches a multi-sectional insulated cup (Fig. 4, column 3, lines 26-34), comprising: a three compartment design (the cup can have more than two chambers, column 3, lines 29-44); an insulation technology (column 3, lines 26-34); an auto lock lid mechanism (rotation of the cap drives the rod members which seat the plug members in the corresponding opening to seal the compartments); a straw design (35); a user-centric features (user focused); a dishwasher safety means; sweat proof body mechanism (plastic cup), and a versatile use mechanism (it can be used in different settings).
2. The multi-sectional insulated cup according to claim 1, wherein the three-compartment design incorporates three separate compartments within the cup that allow users to carry and enjoy three different liquids simultaneously without the risk of mixing them, wherein each section has a capacity of approximately 13 ounces, totaling around 40 ounces across all sections,
catering to users who prefer variety on the go (Fig. 4).
3. The multi-sectional insulated cup according to claim 1, wherein the insulation technology in that the cup is constructed with double-walled vacuum insulation, which ensures that beverages remain at their desired temperatures for extended periods, a feature that effectively keeps hot drinks hot and cold drinks cold, enhancing the overall user experience by maintaining beverage quality throughout the day (Fig. 4).
4. The multi-sectional insulated cup according to claim 1, wherein the auto-lock lid mechanism in the cup features an insulated, auto-lock spill-proof lid to allow users to easily insert or remove the straw as needed, promoting better sanitation and ease of cleaning to prevent accidental spills (Fig. 4).
5. The multi-sectional insulated cup according to claim 1, wherein the straw design enables the cup to be equipped with a slightly bent, stainless steel straw that enhances drinking comfort, wherein the inclusion of a food-grade silicone cap for the straw ensures safety and hygiene, provides users with an casy-to-clean option (Fig. 4).
6. The multi-sectional insulated cup according to claim 1, wherein the user-centric features further comprises: a cup's exterior designed with a narrow base to fit standard car cup holders, making it convenient for travel; a food-grade silicone anti-slip bottom, which protects surfaces and minimizes noise
when set down, and an ergonomic design of the body allows for comfortable handling, while a removable handle can be attached for easier carrying (Fig. 4).
7. The multi-sectional insulated cup according to claim 1, wherein the dishwasher safety mechanism further comprises a construction of the cup to make the dishwasher safe thus simplifying maintenance for users and ensuring that the dishwasher is easily cleaned after use (Fig. 4).
8. The multi-sectional insulated cup according to claim 1, wherein the sweat-proof body design includes a sweat-proof exterior, preventing condensation from forming on the outside of the cup, which enhances user comfort and protects surfaces from moisture (Fig. 4).
9. The multi-sectional insulated cup according to claim 1, wherein the versatile use mechanism enables the cup to accommodate a wide array of beverages, making it ideal for various settings, whether at home, work, or on the go SO that the users no longer need to juggle multiple containers, as this single cup can meet diverse drinking needs throughout the day (Fig. 4).
10. Shamoon teaches a multi-sectional insulated cup (Fig. 4, column 3, lines 26-34), comprising: an inside compartment of the cup that is divided into three sections (the cup can have more than two chambers, column 3, lines 29-44) to allow the user to fill one cup with three different liquids (column 3, lines 29-44); a lid (17) of the cup that is designed to keep the liquids inside the cup;
a straw (35), and an outside compartment (where the outside of the lid has a compartment that is outside of the cup, Fig. 6 at 21) of the cup.
11. The insulated cup according to claim 10, wherein the inside compartment of the cup is divided into three sections or compartments (the cup can have more than two chambers, column 3, lines 29-44) to allow the user to fill one cup with three different liquids.
16. The insulated cup according to claim 10, wherein the insulated cup is made using food-grade stainless steel, vacuum-insulated double-wall stainless steel, silicone, and plastic (Fig. 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEN KAY THOMAS whose telephone number is (571)270-5611. The examiner can normally be reached 9:00am-5:00pm.
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/KAREEN K THOMAS/ Primary Examiner, Art Unit 3736