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 .
Election/Restrictions
Applicant’s election of Species I (claims 1-3, 6, 8-11, 13, 17, 19-20, 44-51) in the reply filed on 6/26/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the port (claim 47) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-3, 6, 8-11, 13, 17, 19-20, 44-51 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 1 states "defining a flowpath from an inlet configured to receive the base liquid from the internal space and an outlet for communicating with an area outside of the internal space, the flowpath being free of any one-way valve from the inlet to the outlet and being entirely closed from the inlet to the outlet". The claim states that the flowpath is from an inlet and an outlet. However, the claim then states that the flowpath is free of any one-way valve. This seems to contradicts the previous language. The inlet/outlet is defined by the one-way valve. The flowpath is defined by starting from the inlet or outlet. Therefore the flowpath must have some relationship with the valve. Even if excluding the valves from the flowpath definition, the flowpath is not closed, for example in figure 3, the top portion is entirely open. This doesn't consider the end faces. The claim even states the cavity without a cartridge present. Claims 2-3, 6, 8-11, 13, 17, 19-20, 44-51 directly or indirectly depend from claim 1 and are also rejected..
Claim 47 states “wherein the cavity is configured to receive the base liquid into the cavity only through a port at a bottom of the cavity.” Is the term “only” being used appropriately? Technically the base liquid could be poured into the cavity externally and that would be considered as the cavity receiving the base liquid. This would not require the bottom port. Further, it does not appear that a port at a bottom of the cavity is shown in the figures. Is the port synonymous with the valve?
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.
Claim 13 is 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.
The phrase “the cartridge and the lid being configured such that the one-way valve of the cartridge prevents flow of base liquid along the flowpath in a direction from the outlet to the inlet of the flowpath” in claim 13 renders the claim indefinite. It doesn't appear the stated relationship makes sense according to the present invention. The outlet is stated to be item 13 (at the top of the lid). The base liquid is in the vessel (5). The outlet is not located near the base liquid, so how does the one-way valve prevent flow of the base liquid? It doesn't appear that this statement describes the present invention properly.
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) 1-3, 6, 8, 11, 13, 17, 19-20, 44, 46-51 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Waggoneer (US 11583811 B2).
With respect to claim 1, Waggoneer discloses a lid for use with a drinking container including a vessel having an internal space to hold a base liquid and an opening to the internal space, the lid (figure 11) comprising: a body (120) having an engagement portion (121) configured to engage with the drinking container at the opening to close the opening, and defining a flowpath from an inlet (135) configured to receive the base liquid from the internal space and an outlet (141) for communicating with an area outside of the internal space, the flowpath (135 to 141) being free of any one-way valve from the inlet to the outlet and being entirely closed from the inlet to the outlet, the flowpath including a cavity (recess including space for 154) configured to receive a cartridge to treat the base liquid that is inserted into the cavity via the outlet .
Examiner Note: This claim refers to the vessel, the base liquid, and the cartridge in terms of intended function. These features are not positively recited as part of the invention. Please note, dependent claims will be examined as such.
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With respect to claim 2, Waggoneer discloses the lid of claim 1, wherein the body (120) includes a wall (wall under 141, including funnel portion) that extends downwardly from the outlet and defines the cavity (recess including space for 154), the cavity having a cross sectional area (cross section from funnel shape) that is larger than a cross sectional area of portions of the flowpath between the cavity and the inlet (cross section adjacent 135).
With respect to claim 3, Waggoneer discloses the lid of claim 1, wherein the outlet (141) is on an upper side of the lid, and wherein the outlet and the cavity are configured to receive the cartridge by inserting the cartridge through the outlet and into the cavity. (the description provided is intended function, depending on the size of the cartridge this can be achieved in the invention of Waggoneer)
With respect to claim 6, Waggoneer discloses the lid of claim 3, wherein the flowpath includes a straw (portion of 150 beneath 154) that extends downwardly from a bottom of the cavity.
With respect to claim 8, Waggoneer discloses the lid of claim 1, wherein the engagement portion (121) is configured to engage with the vessel at the opening by rotation (threaded as seen in figure 11) of the lid relative to the vessel about an engagement axis, and the cavity (portion for accommodating 154) extends from the lid along a cartridge axis that is transverse to the engagement axis. (can be considered perpendicular to the engagement axis)
With respect to claim 11, Waggoneer discloses the lid of claim 1, further comprising the cartridge which is configured to be received in the cavity via the outlet, the cartridge and the cavity being configured such that the base liquid received into the cavity surrounds an outer surface of the cartridge.
Examiner Note: The cartridge is not positively recited as part of the invention previously. In this instance, there is a lack of antecedent if the cartridge is being introduced. Therefore, to be consistent, it is interpreted that the cartridge is being discussed in terms of intended function. As such, Waggoneer is capable of housing such a cartridge and therefore meets the claimed limitations.
With respect to claim 13, Waggoneer discloses the lid of claim 1, further comprising the cartridge including a one-way valve in a cartridge flowpath of the cartridge, the cartridge and the lid being configured such that the one-way valve of the cartridge prevents flow of base liquid along the flowpath in a direction from the outlet to the inlet of the flowpath. (intended function, the presence of 135 prevents this from happening, also 124 can be included as a one way port)
Examiner Note: Claim 1 states that the flow path is free of any one-way valves. So it is noted that this claim does not state the direct presence of the cartridge in the lid. Further, as claim 1 is written, the cartridge with a one-way valve cannot be introduced without contradicting the lack of one-way valves in the flow path. The cartridge is not positively recited as part of the invention previously. In this instance, there is a lack of antecedent if the cartridge is being introduced. Therefore, to be consistent, it is interpreted that the cartridge is being discussed in terms of intended function.
With respect to claim 17, Waggoneer discloses the lid of claim 1, further comprising the cartridge including an additive reservoir holding an additive to be mixed with the base liquid and a mixing chamber configured to mix the additive with the base liquid, the mixing chamber being configured above the additive reservoir with the inlet of the flowpath positioned below the outlet. (see note below)
Examiner Note: The cartridge is not positively recited as part of the invention previously. In this instance, there is a lack of antecedent if the cartridge is being introduced. Therefore, to be consistent, it is interpreted that the cartridge is being discussed in terms of intended function. As such, Waggoneer is capable of housing such a cartridge and therefore meets the claimed limitations.
With respect to claim 19, Waggoneer discloses the lid of claim 1, further comprising the cartridge including an additive reservoir holding an additive to be mixed with the base liquid, wherein the cartridge is configured to open a path for additive to exit the additive reservoir without puncturing any portion of the additive reservoir.
Examiner Note: The cartridge is not positively recited as part of the invention previously. In this instance, there is a lack of antecedent if the cartridge is being introduced. Therefore, to be consistent, it is interpreted that the cartridge is being discussed in terms of intended function. As such, Waggoneer is capable of housing such a cartridge and therefore meets the claimed limitations.
With respect to claim 20, Waggoneer discloses the lid of claim 1, wherein the flowpath includes an adjustable length portion (bottom portion of flow path) that defines the inlet at a first end and is fluidly coupled to the cavity at a second end. (technically, the movement of 135 would adjust the length of the flow path)
With respect to claim 44, Waggoneer discloses the lid of claim 3, wherein a portion of the body (141 to portion with 154) that defines the outlet is configured to removably engage with the cartridge.
With respect to claim 46, Waggoneer discloses the lid of claim 1, wherein the engagement portion (121) is configured to threadedly engage with the vessel at the opening.
With respect to claim 47, Waggoneer discloses the lid of claim 11, wherein the cavity is configured to receive the base liquid into the cavity only through a port (can consider bottom-most sidewalls of 150) at a bottom of the cavity.
Examiner Note: The port appears to only be referring to the connection of the cavity to the inlet. There does not appear to be any unique functionality to the port. The port cannot be a one-way valve as it would contradict the statements of claim 1. The port only appears to be describing a portion of the flow path.
With respect to claim 48, Waggoneer discloses the lid of claim 13, wherein the one-way valve is configured to prevent flow of the base liquid from the cavity to the inlet. (depends on limitations of a cartridge. The cartridge is not positively recited as part of the present invention. As such, Waggoneer is capable of housing such a cartridge and meets the claim limitations.)
With respect to claim 49, Waggoneer discloses the lid of claim 13, wherein the cartridge includes a treated liquid outlet and the cartridge and the lid are configured such that suction applied to the treated liquid outlet causes flow of the base liquid from the inlet to the treated liquid outlet. (depends on limitations of a cartridge. The cartridge is not positively recited as part of the present invention. As such, Waggoneer is capable of housing such a cartridge and meets the claim limitations.)
With respect to claim 50, Waggoneer discloses the lid of claim 49, wherein the cartridge and lid are configured such that suction applied to the treated liquid outlet causes flow of the base liquid from the inlet to the treated liquid outlet with the inlet positioned below the treated liquid outlet. (activation of movement of valve 135 requires either suction or pressure applied from the vessel) (depends on limitations of a cartridge. The cartridge is not positively recited as part of the present invention. As such, Waggoneer is capable of housing such a cartridge and meets the claim limitations.)
With respect to claim 51, Waggoneer discloses the lid of claim 1, further comprising the cartridge including an additive reservoir holding an additive to be mixed with the base liquid, wherein the cavity is configured to receive the base liquid only through a port at a bottom of the cavity and the cartridge is configured such that additive does not contact the cavity.
Examiner Note: The cartridge is not positively recited as part of the invention previously. In this instance, there is a lack of antecedent if the cartridge is being introduced. Therefore, to be consistent, it is interpreted that the cartridge is being discussed in terms of intended function. As such, Waggoneer is capable of housing such a cartridge and therefore meets the claimed limitations.
Claim(s) 1, 3, 8-10, and 44-45 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Waggoneer Reference 2 (US 20170296988 A1).
With respect to claim 1, Waggoneer reference 2 discloses a lid for use with a drinking container including a vessel having an internal space to hold a base liquid and an opening to the internal space, the lid comprising: a body (250) having an engagement portion (threads on 250) configured to engage with the drinking container at the opening to close the opening, and defining a flowpath from an inlet (bottom holes of 500) configured to receive the base liquid from the internal space and an outlet (path of A prior to 350) for communicating with an area outside of the internal space, the flowpath being free of any one-way valve from the inlet to the outlet and being entirely closed from the inlet to the outlet, the flowpath including a cavity (recess within 500) configured to receive a cartridge to treat the base liquid that is inserted into the cavity via the outlet.
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With respect to claim 3, Waggoneer reference 2 discloses the wherein the outlet is on an upper side of the lid, and wherein the outlet and the cavity are configured to receive the cartridge by inserting the cartridge through the outlet and into the cavity. (the description provided is intended function, simply expressing a capability, depending on the size of the cartridge this can be achieved in the invention of Waggoneer. If pouch 420 is considered a theoretical cartridge, a portion of the flexible pouch can be inverted through the outlet and pushed into the cavity created by 500)
With respect to claim 8, Waggoneer reference 2 discloses the lid of claim 1, wherein the engagement portion (threads on 250) is configured to engage with the vessel at the opening by rotation (threaded as seen in figure 4) of the lid relative to the vessel about an engagement axis, and the cavity (recess within 500) extends from the lid along a cartridge axis that is transverse to the engagement axis. (as seen in figure 1)
With respect to claim 9, Waggoneer reference 2 discloses the lid of claim 8, wherein a centerline of the flowpath (A) extends along the cartridge axis (would be central axis of cartridge inserted in 500).
With respect to claim 10, Waggoneer reference 2 discloses the lid of claim 9, further comprising the cartridge which is configured to engage with a portion of the lid at the outlet by rotation of the cartridge about the cartridge axis.
Examiner Note: The cartridge is not positively recited as part of the invention previously. In this instance, there is a lack of antecedent if the cartridge is being introduced. Therefore, to be consistent, it is interpreted that the cartridge is being discussed in terms of intended function. As such, Waggoneer is capable of housing such a cartridge and therefore meets the claimed limitations. This is not stating a finished assembly but instead an intended functionality, as such the outlet includes 369 that has threads 362 and could engage a threaded component by rotation. Regardless, as a cylindrical item, the cartridge could engage the outlet by rotation.
With respect to claim 44, Waggoneer reference 2 discloses the lid of claim 3, wherein a portion of the body (the feature identified in figure 16, including item 362) that defines the outlet is configured to removably engage with the cartridge. (similar to statement of claim 3, inversion of the pouch can be considered removable engagement)
With respect to claim 45, Waggoneer reference 2 discloses the lid of claim 44, wherein the portion of the body is configured to threadedly engage with the cartridge. (the feature has threads 362, however, the cartridge is never positively claimed as part of the assembly or present invention. This claim can support the presence of threads on the portion of the body, however, does not require the presence of a cartridge)
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20170296988-A1 OR US-20150307265-A1 OR US-20110089059-A1 OR US-20010025859-A1 OR US-20240116014-A1 OR US-20220009697-A1 OR US-20150336722-A1 OR US-20140230659-A1 OR US-20040188280-A1 OR US-20030168474-A1 OR US-20250346414-A1 OR US-11583811-B2 OR US-9694953-B2 OR US-8641016-B2 OR US-6395170-B1 OR US-6116466-A OR US-5045195-A OR US-3760986-A OR US-3325056-A OR US-11213159-B2
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached on (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYMREN K SANGHERA/Examiner, Art Unit 3735
