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 .
This action is written in response to application number 19/066,659 filed 02/28/2025
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 1-6 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 1 recites the limitation "stabilizing insert”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "cylinder”. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "triangular recess”. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 1, it is unclear how the “cylinder” forms a hollow interior recess. Is the recess separate from the interior of the joined receptacles/ Appropriate action is required.
Regarding claim 5, the protuberances are spaced apart from “a sidewall”. Is this a different sidewall then the sidewall [resented in claim 1? Appropriate action is required.
Claim Objections
Claim 1 is objected to because of the following informalities: “an outer surface of a beverage” is claimed. It is suggested that the limitation be replaced with “a beverage container”. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “jutting from inwardly from” is claimed. It is suggested that the limitation be replaced with “jutting inwardly from”. 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.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trayhern (US 2024/0262561).
Claim 1. Trayhern discloses a beverage stabilizing implement 1 operable to insert into a portable cooler, the stabilizing insert comprising:
a plurality of cylindrical receptacles 2 joined together, each receptacle formed from an uninterrupted annular sidewall 7, each cylinder forming a hollow interior recess ([0041-0044]; fig. 5); and
a plurality of protuberances 11 jutting from inwardly from the sidewalls, each protuberance operable to collapse when pressed against by an outer surface of a beverage [0046].
Claim 2. Trayhern discloses the beverage stabilizing implement of claim 1, wherein the protuberances are formed with the sidewall as a single integrated piece ([0046]; fig. 9).
Claim 3. Trayhern discloses the beverage stabilizing implement of claim 1, wherein four or more receptacles 8 join to define an intermediate recess 12 adapted to receive ice, the triangular recess having an open top and open bottom end [0043].
Claim 5. Trayhern discloses the beverage stabilizing implement of claim 1, wherein the protuberances are spaced at regular intervals across a surface of a sidewall (fig. 9).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trayhern (US 2024/0262561).
Claim 4. Trayhern discloses the beverage stabilizing implement of claim 1, wherein the protuberances extend into the container recesses [0046].
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the size of the protuberance to vary in size in order to assist in accommodating beverages that vary in size.
To modify the size of the protuberances into the claimed varying sizes would entail a mere change in size of the components and yield only predictable results. "[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill." KSR Int 'l v. Teleflex Inc., 127 S.Ct. 1740, 82 USPQ2d 1396 (2007). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 6 Trayhern disclose the beverage stabilizing implement of claim 1, wherein the sidewall is between 0.3 inches and 2 inches in height [0019].
It is noted that the average beverage can has a height of 4.83 inches. Trayhern presents an option where the protective device can have a height of half the length of the stored beverage item.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735