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 Objections
Claims 14-16 are objected to because of the following informalities: improper grammar “from lid base wall”. 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 1-20 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.
Claims 1, 8, and 15 recite the limitation "A lid for use with a drinking container having an internal space…" in the preamble. It is unclear whether it is the lid or the container which is required to have the internal space. For the purposes of examination, it will be interpreted that the container is to have the internal space.
Claim 1, 8, and 15 recites the limitation "the additive cartridge". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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, 7-13, 15, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 11,136,170 (Faerber et al. hereinafter).
In re claim 1, with reference Figs. 2A, 2B, 3A, and 3B, Faerber et al. discloses: A lid assembly (12) for use with a drinking container (14) having an internal space configured to hold a base liquid and a drinking container opening, the lid assembly comprising: a lid base (24) configured to attach to the drinking container (at threads 48), the lid base including a lid base opening (50); a cartridge chamber (50A) extending from the lid base opening and defining an additive cartridge receiving space (note a properly sized/shaped, yet unclaimed additive cartridge could be received in the space defined by opening 50A); a closure (26) coupled to the lid base and configured to move from a closed position in which the closure covers the additive cartridge receiving space (see Fig. 1), and an open position in which the additive cartridge receiving space is not covered (column 9, lines 5-25), wherein the closure is configured to accommodate an upper portion of the additive cartridge when the closure is in the closed position (should such cartridge be provided in 50A); a latching mechanism (28, 34) movable between a latched position, in which the latching mechanism retains the closure in the closed position (see fig. 10A), and a release position (see Fig. 10C) in which the closure is free to move to the open position; and a handle (30) configured to selectively lock the latching mechanism and thereby prevent the latching mechanism from moving to the release position (column 6, lines 7-21).
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed (i.e. “a cartridge chamber extending from the lid base opening and defining an additive cartridge receiving space” does not positively recite a cartridge, but claims a chamber for a cartridge and a space for an additive cartridge, Faerber et al. has a chamber and a space capable of being used for a cartridge and/or an additive cartridge, and the limitation “configured to accommodate an upper portion of the additive cartridge”) and therefore does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114, II.
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[AltContent: arrow][AltContent: textbox (Inner Annular Wall)][AltContent: arrow][AltContent: textbox (Lid Base Wall)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Enclosing Wall)][AltContent: arrow]
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In re claim 2, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein the closure (26) includes a domed portion and a shoulder (74), wherein the handle (30) encircles the domed portion (lock 30 as a “carry loop”, column 6, lines 10-11).
In re claim 3, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein the closure (26) includes a domed portion and a shoulder (74), wherein the handle rests on the shoulder (column 15, lines 1-19).
In re claim 4, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein an outer portion of the closure disposed beneath the shoulder protrudes outwardly (see portion of 74 below upper surface of shoulder 74).
In re claim 5, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein the closure includes a domed portion and a shoulder (as in re claims 2 and 3 above), wherein the handle has an inner surface flush with an outer surface of the domed portion in the closed position (see Fig. 2A above).
In re claim 7, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including a push button (28) configured to move the latching mechanism into the release position (see Figs. 10A-10C).
In re claim 8, with reference to the Figs. noted above, Faerber et al. discloses A lid assembly for use with a drinking container having an internal space configured to hold a base liquid and a drinking container opening, the lid assembly comprising: a lid base configured to attach to the drinking container (as in re claim 1 above), the lid base including an enclosing wall and a lid base opening (50) encircled by the enclosing wall (see Fig. 3A above, “c-shape” enclosing wall 120 in paragraph 0031 of Applicant’s specification interpreted as “encircling”); a cartridge chamber extending from the lid base opening and defining an additive cartridge receiving space; a closure coupled to the lid base and configured to move from a closed position in which the closure covers the additive cartridge receiving space, and an open position in which the additive cartridge receiving space is not covered, wherein the closure is configured to accommodate an upper portion of the additive cartridge when the closure is in the closed position (as in re claim 1 above); a hinge (52, 64) positioned on an outermost edge of the enclosing wall, wherein the hinge is configured to enable pivoting movement of the closure; a latching mechanism movable between a latched position, in which the latching mechanism retains the closure in the closed position, and a release position in which the closure is free to move to the open position (as in re claim 1 above); and a handle configured to selectively lock the latching mechanism and thereby prevent the latching mechanism from moving to the release position (as in re claim 1 above).
In re claim 9, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein the closure includes a domed portion and a shoulder, wherein the handle encircles the domed portion (as in re claim 2 above).
In re claim 10, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein the closure includes a domed portion and a shoulder, wherein the handle rests on the shoulder (as in re claim 3 above).
In re claim 11, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein an outer portion of the closure disposed beneath the shoulder protrudes outwardly (as in re claim 4 above).
In re claim 12, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein the closure includes a domed portion and a shoulder, wherein the handle has an inner surface flush with an outer surface of the domed portion in the closed position (as in re claim 5 above).
In re claim 13, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein a push button configured to move the latching mechanism into the release position (as in re claim 7 above).
In re claim 15, with reference to the Figs. noted above, Faerber et al. discloses A lid assembly for use with a drinking container having an internal space configured to hold a base liquid and a drinking container opening, the lid assembly comprising: a lid base configured to attach to the drinking container (as in re claim 1 above), the lid base including a lid base wall and an inner annular wall extending outwardly from lid base wall and forming a lid base opening (see Fig. 3A above); a cartridge chamber extending inwardly from the lid base opening and defining an additive cartridge receiving space; a closure coupled to the lid base and configured to move from a closed position in which the closure covers the additive cartridge receiving space, and an open position in which the additive cartridge receiving space is not covered (as in re claim 1 above), wherein the closure is configured to accommodate an upper portion of the additive cartridge disposed within the lid base opening when the closure is in the closed position (as in re claim 1 above); a latching mechanism movable between a latched position, in which the latching mechanism retains the closure in the closed position, and a release position in which the closure is free to move to the open position; and a handle configured to selectively lock the latching mechanism and thereby prevent the latching mechanism from moving to the release position (as in re claim 1 above).
In re claim 17, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein the closure includes a domed portion and a shoulder, wherein the handle wraps around domed portion and rests on the shoulder (as in re claims 2 and 3 above).
In re claim 18, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein an outer portion of the closure disposed beneath the shoulder protrudes outwardly (as in re claim 4 above).
In re claim 19, with reference to the Figs. noted above, Faerber et al. discloses the claimed invention including wherein the handle has an inner surface flush with an outer surface of the domed portion in the closed position (as in re claim 5 above).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6, 14, 16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Faerber et al. as applied to claims 1, 8, and 15 above, and further in view of US PG Pub No. 2014/0230659 (Waggoner et al. hereinafter).
In re claim 6, with reference to the Figs. noted above, Faerber et al. fails to disclose a chamber-straw connector formed by an elongate body comprising: a longitudinal axis, a chamber-straw connector passage extending along the longitudinal axis, a chamber connection portion, and a straw connection portion opposite the chamber connection portion, wherein, when assembled, the chamber connection portion is disposed within the cartridge chamber and the straw connection portion is disposed outside the cartridge chamber; and a straw configured to be received within the chamber-straw connector passage such that a fluid pathway extends continuously through the straw and the cartridge chamber.
However, with reference to Figs. 1 and 5, Waggoner et al. discloses a lid assembly (120/140) for use with a fluid container (10), wherein the lid assembly includes a lid base (141) having a lid base opening (at 142), a cartridge chamber element (127/150) extending from the lid base opening and defining an additive cartridge receiving space (128/158), an upper portion of an additive cartridge (200) accommodated in the opening, including a chamber-straw connector (174) formed by an elongate body comprising: a longitudinal axis, a chamber-straw connector passage extending along the longitudinal axis, a chamber connection portion, and a straw connection portion opposite the chamber connection portion, wherein, when assembled, the chamber connection portion is disposed around the cartridge chamber and the straw connection portion is disposed outside the cartridge chamber (see Fig. 5 below); and a straw (155/172) configured to be received within the chamber-straw connector passage such that a fluid pathway extends continuously through the straw and the cartridge chamber (See Fig. 5 below).
[AltContent: arrow][AltContent: textbox (Straw Connector)][AltContent: textbox (Chamber Connector)][AltContent: arrow]
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have provided an additive cartridge within the opening of Faerber et al., the additive cartridge extending from the lid base in the lid base opening, and including straw connections as taught by Waggoner et al. for the purposes of delivering additives (flavor concentrate, see Waggoner et al. Abstract) to a base liquid of a container by housing the additive container within the lid base opening, thereby flavoring base liquids during delivery through a spout to a user.
Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have formed the chamber connection portion as disposed within the cartridge chamber as claimed, rather than outside of cartridge chamber as taught by Faerber et al. in view of Waggoner et al., since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, paragraph 0053m Applicant has not disclosed any criticality for the claimed limitations.
In re claim 14, with reference to the Figs. noted above, Faerber et al. in view of Waggoner et al. discloses the claimed invention including wherein the lid base includes a lid base wall perpendicular to the enclosing wall (see Fig. 3A above), but not wherein accommodating the upper portion of the additive cartridge when the closure is in the closed position includes accommodating a cartridge base, a flavor adjuster, and a drinking spout assembly all extending outwardly from lid base wall.
However, Waggoner et al. does disclose an upper portion of the additive cartridge extending above the lid base wall (See Fig. 5 above), and the closure of combined Faerber et al. and Waggoner et al. accommodate a cartridge base (200), a flavor adjuster (50B), and a drinking spout assembly (44) within the closed closure.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have combined Faerber et al. in view of Waggoner et al. such that the closure encloses the working parts of the chamber and spout for the predictable benefits of ensuring the sanitary condition of the components and preventing spillage.
In re claim 16, with reference to the Figs. noted above, Faerber et al. in view of Waggoner et al. disclose accommodating the upper portion of the additive cartridge when the closure is in the closed position includes accommodating a cartridge base, a flavor adjuster, and a drinking spout assembly all extending outwardly from lid base wall (as in re claim 14 above).
In re claim 20, with reference to the Figs. noted above, Faerber et al. in view of Waggoner et al. disclose a chamber-straw connector formed by an elongate body comprising: a longitudinal axis, a chamber-straw connector passage extending along the longitudinal axis, a chamber connection portion, and a straw connection portion opposite the chamber connection portion, wherein, when assembled, the chamber connection portion is disposed within the cartridge chamber and the straw connection portion is disposed outside the cartridge chamber; and a straw configured to be received within the chamber-straw connector passage such that a fluid pathway extends continuously through the straw and the cartridge chamber (as in re claim 6 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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/ANDREW T KIRSCH/ Primary Examiner, Art Unit 3733
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