DETAILED ACTION
Claim Interpretation
1. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
2. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
3. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a) engaging member (claims 4, 13, and 17), disclosed as comprising either a protrusion or depression (see para. [0045]).
b) sealing assembly (claim 7), disclosed as a slider to selectively open and close the drink opening (see para. [0041]).
c) connection system (claim 8), disclosed as a female thread component (see para. [0042]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 3, 10, and 18 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 claims 3 and 18, it is unclear how close in shape the respective cross-sectional geometries of the handle and recess have to be, in order to be “similar”. Furthermore, the cross-sectional geometry of the handle includes a portion that is located away from the recess, and thus it is not clear how this portion of the handle’s cross section would be similar to any portion of the recess. Moreover, it is unclear how a recess – by definition, a void of material – can be similar to a solid element. It is suggested Applicant amend the claim to better define the structural relationship between the two elements, e.g. a contour of the recess is substantially similar to a contour of the handle.
Regarding claim 10, the claim depends from non-existent claim 99.
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over CN 117562402 (Lin) in view of US 2022/0002036 (Li), in view of US 2005/0072789 (Einav), and in view of US 4,401,228 (Baldelli).
Regarding claim 1, Lin teaches a beverage container, comprising:
a container body having a side wall and a bottom wall defining a cavity, the container body having an opening at a top of the side wall to provide access to the cavity (not explicitly taught);
a lid assembly (the entirety of what is seen in Figure 1) removably secured to the container body (by threaded connection seen in Figure 4), wherein the lid assembly comprises a lid housing (2) and a lid handle (6);
the lid housing having a top surface (unlabeled; see annotated Figure 1 below), a side wall (unlabeled; see annotated Figure 1 below) extending down from the top surface, a drink opening (unlabeled; see opening at the base of tube 15 in Figure 9) extending through the top surface to provide access to the cavity of the container body, and a recess in the side wall of the lid housing (unlabeled; see annotated Figure 1 below);
the recess having a bottom wall and an internal side wall (unlabeled; see annotated Figure 1 below), the recess extending radially inward about an arcuate portion of the side wall to receive the lid handle (see recess in Figure 1, and holding the handle in Figures 2-4), wherein the recess extends at least 1800 about a circumference of the side wall of the lid housing (best seen in Figure 2), wherein the recess has first pin opening in the internal side wall adjacent a first end of the recess (unlabeled; see annotated Figure 1 below), wherein the recess has a second pin opening in the internal side wall adjacent a second end of the recess (unlabeled; will be located on the opposite side of the lid as seen in annotated Figure 1 below), and wherein the recess has an engaging member to removably secure the lid handle in the recess (unlabeled; see annotated Figures 1 and 4 below showing a projection on the radially inner surface of the handle which is received within an engaging member recess to secure the handle in the unused position of Figure 4);
the lid handle being pivotally connected to the lid housing with a first handle pin and a second handle pin, and being moveable from a use position to a stowed position, wherein lid handle is arcuate in shape and has a first end and a second end (this limitation is taught as 6 is seen in Figure 1), wherein the lid handle has a first opening at a first end thereof to receive the first handle pin, wherein the lid handle has a second opening at a second end thereof to receive the second handle pin, and wherein the lid handle is positioned within the recess in the stowed position (not taught); and,
the first and second handle pins each having a first end and a second end, the first end having a knurled section and the second end having a smooth section, wherein the knurled section of the first handle pin engages the first pin opening in the recess of the lid housing to fix the first handle pin in place, wherein the knurled section of the second handle pin engages the second pin opening in the recess of the lid housing to fix the second handle pin in place, wherein the smooth section of the first handle pin is inserted into the first opening in the lid handle, wherein the smooth second of the second handle pin is inserted into the second opening in the lid handle, and wherein the first and second handle pins are made of metal (not taught).
PNG
media_image1.png
408
785
media_image1.png
Greyscale
PNG
media_image2.png
274
573
media_image2.png
Greyscale
PNG
media_image3.png
335
613
media_image3.png
Greyscale
Lin fails to teach:
a) a container body having a side wall and a bottom wall defining a cavity, the container body having an opening at a top of the side wall to provide access to the cavity
b) the lid handle being pivotally connected to the lid housing with a first handle pin and a second handle pin, and being moveable from a use position to a stowed position, wherein lid handle is arcuate in shape and has a first end and a second end (this limitation is taught as 6 is seen in Figure 1), wherein the lid handle has a first opening at a first end thereof to receive the first handle pin, wherein the lid handle has a second opening at a second end thereof to receive the second handle pin, and wherein the lid handle is positioned within the recess in the stowed position; and
c) the first and second handle pins each having a first end and a second end, the first end having a knurled section and the second end having a smooth section, wherein the knurled section of the first handle pin engages the first pin opening in the recess of the lid housing to fix the first handle pin in place, wherein the knurled section of the second handle pin engages the second pin opening in the recess of the lid housing to fix the second handle pin in place, wherein the smooth section of the first handle pin is inserted into the first opening in the lid handle, wherein the smooth second of the second handle pin is inserted into the second opening in the lid handle, and
d) wherein the first and second handle pins are made of metal.
Regarding limitation (a), Li, analogous to containers with threaded closures, teaches it is known to provide a container body having a side wall (8) and a bottom wall (unlabeled but clearly shown at the bottom of Figure 14) defining a cavity (container interior which holds liquid), the container body having an opening at a top of the side wall to provide access to the cavity (unlabeled; taught to be sealed by the cap 1 by threaded connection in para. [0053]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the lid of Lin on the container of Li, motivated by the use of a suitable container to hold liquid and receive a threaded closure, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if 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”.
Regarding limitation (b), Einav, analogous to container lids with pivotable handles, teaches it is known to provide an opening (78) on each of a first (46a) and second end (46b) of the handle, through which a pin (80) extends into a container lid opening (50) to rotationally mount the handle to the lid.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the handle of Lin, providing openings in each of the first and second ends of the handle, through which extend pins, to rotationally mount the handle to the container lid pin openings, motivated by the use of a suitable alternative rotational mounting structure, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if 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”.
Regarding limitation (c), Baldelli teaches it is known to provide knurling on the top part (14) of a rotational pin, noting that the knurled end assists in adhesive fixing of the end to the knob, in order to permit rotation of the body relative to the knob. This would be analgous to the combined art of Lin in view of Einav because the pins there have to be rotationally fixed to the lid, allowing the handle to rotate about the pin.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pins of Lin in view of Einav, providing knurling to adhesively fix the end of the pin in the lid hole as taught by Baldelli, motivated by the use of a suitable rotational pin fixing means, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if 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”.
Regarding limitation (d), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the pins of metal, motivated by the use of a strong material, having a predictable outcome absent a teaching of an unexpected result. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See MPEP 2144.07.
Regarding claim 2, Lin in view of Li and Einav and Baldelli fails to teach the side wall of the lid housing is generally collinear with the side wall of the container body.
However, Examiner notes Li Figure 14 showing how the lid side wall (1) is generally collinear with the container body (8).
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 lid of Lin on a container like that of Li such that the lid side wall is collinear with the body, as taught by Li, motivated by the benefit of a smooth appearance, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if 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”.
Regarding claim 3, the recess has a cross-sectional geometry similar to a cross-sectional geometry of the lid handle (Examiner notes this claim is rejected above under 35 U.S.C. 112(b); see the matching contours of the inner face of the handle 6 and the unlabeled recess in cross-section in Lin Figure 4).
Regarding claim 4, Lin in view of Li, Einav, and Baldelli as applied above fails to teach the engaging member comprises one or more protrusions extending from the internal side wall of the recess.
However, Examiner notes Lin shows a projection on the handle to mate with a depression in the recess, in annotated Figure 4 above with regard to claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the lid of Lin, providing a depression on the handle to receive a projection on the internal side wall of the recess in order to retain the handle in a stowed configuration, motivated by an obvious reversal of the parts in Lin, having a predictable outcome absent a teaching of an unexpected result. It has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. See MPEP 2144.04(VI)(A).
Regarding claim 5, the engaging member comprises a depression in the internal sidewall of the recess that engages a protrusion on the lid handle (each unlabeled; see annotated Figure 4 above with regard to claim 1).
Regarding claim 6, the lid handle has an outer diameter that is approximately the same as an outer diameter of the lid housing (see radially outer surface of 6 matching the diameter of the sub-adjacent lid housing side wall in Lin Figure 4).
Regarding claim 7, further comprising a sealing assembly connected to the lid housing for selectively closing the drink opening (see Lin 11 and 15 in Figure 1).
Regarding claim 8, further comprising a connection system to secure the lid assembly on the container body (Lin shows a female threading on the inner surface of the lid in Figure 4).
8. Claims 9-13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over CN 117562402 (Lin) in view of US 2022/0002036 (Li) and in view of US 2005/0072789 (Einav).
Regarding claim 9, Lin teaches a beverage container, comprising:
a container body having a side wall and a bottom wall defining a cavity, the container body having an opening at a top of the side wall to provide access to the cavity (not explicitly taught);
a lid assembly (the entirety of what is seen in Figure 1) removably secured to the container body (by threaded connection seen in Figure 4), wherein the lid assembly comprises a lid housing (2) and a lid handle (6);
the lid housing having a top surface (unlabeled; see annotated Figure 1 above with regard to claim 1), a side wall (unlabeled; see annotated Figure 1 above with regard to claim 1) extending down from the top surface, a drink opening (unlabeled; see opening at the base of tube 15 in Figure 9) providing access to the cavity of the container body, and a recess in the side wall of the lid housing (unlabeled; see annotated Figure 1 above with regard to claim 1);
the recess having a bottom wall and an internal side wall (unlabeled; see annotated Figure 1 above with regard to claim 1), wherein the recess has a first pin opening in the internal side wall adjacent a first end of the recess (unlabeled; see annotated Figure 1 above with regard to claim 1), and wherein the recess has a second pin opening in the internal side wall adjacent a second end of the recess (unlabeled; will be located on the opposite side of the lid as seen in annotated Figure 1 above with regard to claim 1);
the lid handle being pivotally connected to the lid housing with a first handle pin and a second handle pin (unlabeled; see annotated Figure 1 below), and being moveable from a use position to a stowed position (see rotation of handle 6 taught in paras. [0065]-[0066] for carrying; see stowed position in Figure 2), wherein lid handle has a first end and a second end (each of the distal ends where pins are located), wherein the lid handle has a first opening at a first end thereof to receive the first handle pin, wherein the lid handle has a second opening at a second end thereof to receive the second handle pin (not taught), wherein the lid handle has an outer diameter that is approximately the same as an outer diameter of the lid housing (clearly shown in Figures 2-4, noting that the handle 6 has substantially the same outer diameter as the adjacent housing), and wherein the lid handle is positioned in the recess in the stowed position (clearly seen in Figure 4); and,
the first and second handle pins each having a first end and a second end, wherein the first end of the first handle pin engages the first pin opening in the recess of the lid housing, wherein the first end of the second handle pin engages the second pin opening in the recess of the lid housing, wherein the second end of the first handle pin is inserted into the first opening in the lid handle, and wherein the second end of the second handle pin is inserted into the second opening in the lid handle (not taught).
Lin fails to teach:
a) a container body having a side wall and a bottom wall defining a cavity, the container body having an opening at a top of the side wall to provide access to the cavity; and
b) wherein the lid handle has a first opening at a first end thereof to receive the first handle pin, wherein the lid handle has a second opening at a second end thereof to receive the second handle pin, wherein the lid handle has a second opening at a second end thereof to receive the second handle pin,
the first and second handle pins each having a first end and a second end, wherein the first end of the first handle pin engages the first pin opening in the recess of the lid housing, wherein the first end of the second handle pin engages the second pin opening in the recess of the lid housing, wherein the second end of the first handle pin is inserted into the first opening in the lid handle, and wherein the second end of the second handle pin is inserted into the second opening in the lid handle.
Regarding limitation (a), Li, analogous to containers with threaded closures, teaches it is known to provide a container body having a side wall (8) and a bottom wall (unlabeled but clearly shown at the bottom of Figure 14) defining a cavity (container interior which holds liquid), the container body having an opening at a top of the side wall to provide access to the cavity (unlabeled; taught to be sealed by the cap 1 by threaded connection in para. [0053]).Regarding limitation (b), Einav, analogous to container lids with pivotable handles, teaches it is known to provide an opening (78) on each of a first (46a) and second end (46b) of the handle, through which a pin (80) extends into a container lid opening (50) to rotationally mount the handle to the lid.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the handle of Lin, providing openings in each of the first and second ends of the handle, through which extend pins, to rotationally mount the handle to the container lid pin openings, motivated by the use of a suitable alternative rotational mounting structure, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if 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”.
Regarding claim 10, Lin in view of Li and Einav fails to teach the first and second handle pins are made of metal, and wherein the lid handle and the lid housing are made of plastic.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the pins of Lin in view of Li and Einav of metal and the lid housing of plastic because these are extremely well-known materials used to form such components, having a predictable outcome absent a teaching of an unexpected result. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See MPEP 2144.07.
Regarding claim 11, the recess extends radially inward about an arcuate portion of the side wall to receive the lid handle (clearly shown in annotated Figure 1 above with regard to claim 1).
Regarding claim 12, the recess extends at least 1800 about a circumference of the side wall of the lid housing (best seen in Figure 2).
Regarding claim 13, the recess has an engaging member to removably secure the lid handle within the recess (unlabeled; see Lin annotated Figure 4 above with regard to claim 1).
Regarding claim 15, Lin in view of Li and Einav fails to teach the side wall of the lid housing is generally collinear with the side wall of the container body.
However, Examiner notes Li Figure 14 showing how the lid side wall (1) is generally collinear with the container body (8).
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 lid of Lin on a container like that of Li such that the lid side wall is collinear with the body, as taught by Li, motivated by the benefit of a smooth appearance, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if 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”.
Regarding claim 16, Lin teaches a beverage container, comprising:
a container body having a side wall and a bottom wall defining a cavity, the container body having an opening at a top of the side wall to provide access to the cavity (not explicitly taught);
a lid assembly (the entirety of what is seen in Figure 1) removably secured to the container body (by threaded connection seen in Figure 4), wherein the lid assembly comprises a lid housing (2) and a lid handle (6);
the lid housing having a top surface (unlabeled; see annotated Figure 1 above with regard to claim 1), a side wall (unlabeled; see annotated Figure 1 above with regard to claim 1) extending down from the top surface, a drink opening (unlabeled; see opening at the base of tube 15 in Figure 9) providing access to the cavity of the container body, and a recess in the side wall of the lid housing (unlabeled; see annotated Figure 1 above with regard to claim 1);
the recess having a bottom wall and an internal side wall (unlabeled; see annotated Figure 1 above with regard to claim 1), wherein the recess has a first pin opening in the internal side wall adjacent a first end of the recess (unlabeled; see annotated Figure 1 above with regard to claim 1), and wherein the recess has a second pin opening in the internal side wall adjacent a second end of the recess (unlabeled; will be located on the opposite side of the lid as seen in annotated Figure 1 above with regard to claim 1);
the lid handle being pivotally connected to the lid housing with two handle pins (not taught), and
being moveable from a use position to a stowed position, wherein lid handle is arcuate in shape and has an outer diameter that is approximately the same as an outer diameter of the lid housing, wherein the lid handle has a first end and a second end, wherein the lid handle has a first opening at a first end thereof to receive a first handle pin, wherein the lid handle has a second opening at a second end thereof to receive a second handle pin (not taught), and wherein the lid handle is positioned within the recess in the stowed position; and,
the first and second handle pins each having a first end and a second end, wherein the first end of the first handle pin engages the first pin opening in the recess of the lid housing, wherein the first end of the second handle pin engages the second pin opening in the recess of the lid housing, wherein the second end of the first handle pin is inserted into the first opening in the lid handle, and wherein the second end of the second handle pin is inserted into the second opening in the lid handle (not taught).
a) a container body having a side wall and a bottom wall defining a cavity, the container body having an opening at a top of the side wall to provide access to the cavity; and
b) the lid handle being pivotally connected to the lid housing with two handle pins;
wherein the lid handle has a first opening at a first end thereof to receive a first handle pin, wherein the lid handle has a second opening at a second end thereof to receive a second handle pin;
the first and second handle pins each having a first end and a second end, wherein the first end of the first handle pin engages the first pin opening in the recess of the lid housing, wherein the first end of the second handle pin engages the second pin opening in the recess of the lid housing, wherein the second end of the first handle pin is inserted into the first opening in the lid handle, and wherein the second end of the second handle pin is inserted into the second opening in the lid handle.
Regarding limitation (a), Li, analogous to containers with threaded closures, teaches it is known to provide a container body having a side wall (8) and a bottom wall (unlabeled but clearly shown at the bottom of Figure 14) defining a cavity (container interior which holds liquid), the container body having an opening at a top of the side wall to provide access to the cavity (unlabeled; taught to be sealed by the cap 1 by threaded connection in para. [0053]).
Regarding limitation (b), Einav, analogous to container lids with pivotable handles, teaches it is known to provide an opening (78) on each of a first (46a) and second end (46b) of the handle, through which a pin (80) extends into a container lid opening (50) to rotationally mount the handle to the lid.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the handle of Lin, providing openings in each of the first and second ends of the handle, through which extend pins, to rotationally mount the handle to the container lid pin openings, motivated by the use of a suitable alternative rotational mounting structure, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if 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”.
Regarding claim 17, the recess has an engaging member to removably secure the lid handle within the recess (unlabeled; see Lin annotated Figure 4 above with regard to claim 1).
Regarding claim 18, the recess has a cross-sectional geometry similar to a cross-sectional geometry of the lid handle (Examiner notes this claim is rejected above under 35 U.S.C. 112(b); see the matching contours of the inner face of the handle 6 and the unlabeled recess in cross-section in Lin Figure 4).
Regarding claim 19, Lin in view of Li and Einav fails to teach the first and second handle pins are made of metal, and wherein the lid handle and the lid housing are made of plastic.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the pins of Lin in view of Li and Einav of metal and the lid housing of plastic because these are extremely well-known materials used to form such components, having a predictable outcome absent a teaching of an unexpected result. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See MPEP 2144.07.
Regarding claim 20, Lin in view of Li and Einav fails to teach the side wall of the lid housing is generally collinear with the side wall of the container body.
However, Examiner notes Li Figure 14 showing how the lid side wall (1) is generally collinear with the container body (8).
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 lid of Lin on a container like that of Li such that the lid side wall is collinear with the body, as taught by Li, motivated by the benefit of a smooth appearance, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if 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”.
9. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over CN 117562402 (Lin) in view of US 2022/0002036 (Li), in view of US 2005/0072789 (Einav) as applied above to claim 9, and further in view of US 4,401,228 (Baldelli).
Regarding limitation 14, Baldelli teaches it is known to provide knurling on the top part (14) of a rotational pin, noting that the knurled end assists in adhesive fixing of the end to the knob, in order to permit rotation of the body relative to the knob. This would be analgous to the combined art of Lin in view of Einav because the pins there have to be rotationally fixed to the lid, allowing the handle to rotate about the pin.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pins of Lin in view of Einav, providing knurling to adhesively fix the end of the pin in the lid hole as taught by Baldelli, motivated by the use of a suitable rotational pin fixing means, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al. No. 04-1350, 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if 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”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm.
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.
/JAMES N SMALLEY/Examiner, Art Unit 3733