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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Durand et al. (US 20070108156), hereinafter: “Durand”.
Durand teaches:
Regarding Claim 1
A container(Fig 1), comprising:
a tubular container body(1) including a base(3), a first end(proximate 4,5) and a sidewall(2,4) extending therebetween(Fig 1), the base including an upper surface facing the first end(inside surface of 3) and a lower surface facing away from the first end(outside surface of 3);
an opening at the first end(P[0018]), an edge of the sidewall surrounding the opening(upper edge of 4 surrounds the opening), the opening and edge extending substantially horizontal(visually apparent in Fig 1);
a cavity(interior volume of 1) within the container body(Fig 1), the sidewall connected to the base and the sidewall and the upper surface of the base defining the cavity(interior of 1,2,3,4 as shown in Fig 1) such that the cavity is configured to hold a substance(P[0001], P[0017])), the cavity in fluid communication with the opening(interior of 1,2,3,4 must be in fluid communication with the opening otherwise the cavity could not be filled with liquid; P[0018]), the base being wider than the opening(Fig 1); and
a plurality of protrusions(6) connected to the lower surface of the base(Fig 1), each protrusion of the plurality of protrusions being elongated(Fig 1) and extending between a bottom edge(distal end of 6) and a base end(proximal end of 6 at 3), the base end connected to the lower surface of the base(Fig 1) and the bottom edge extending away from the lower surface of the base(Fig 1), the bottom edge being narrower than the base end(visually apparent in Fig 1-2) such that the bottom edge is configured to be inserted into a surface(distal end of 6 is structurally capable of being inserted into a surface).
Regarding Claim 2
a cap configured to be placed on the opening, the cap configured to seal the cavity(P[0018]).
Regarding Claim 3
wherein the substance is a solid, liquid, or any combination thereof(P[0017]).
Regarding Claim 4
wherein the container body further comprises:
a neck portion(4) and a body portion(2), the neck portion and the body portion defined by the sidewall(2,4), the neck portion being tubular(neck 4 is tubular since it has a diameter d2 and a height extending from the top of 2 to a distal end having an opening), the neck portion extending between the opening and the body portion(neck 4 extends from the top of 2 to a distal end having an opening), the neck portion including neck width(d2); and
the body portion connected to the neck portion(Fig 1), the body portion extending between the base and the neck portion(Fig 1), the body portion including a body width(d1),
wherein the body width is greater than the neck width(visually apparent in Fig 1;P[0022]).
Regarding Claim 5
wherein each protrusion of the plurality of protrusions is a spike(each of 6 is an arcuate spike) configured to be inserted into a surface(each of 6 is structurally capable of being inserted into a surface).
Regarding Claim 6
wherein each bottom edge of each protrusion of the plurality of protrusions is coplanar(the bottom edge of each spike exists in the same plane which enables 1 to rest on a flat surface, as is visually apparent in Fig 1).
Regarding Claim 7
wherein the base or each protrusion of the plurality of protrusions is impermeable to fluid(the base and each protrusion is made from PET must be impermeable to fluid otherwise the container would not function to hold a liquid; P[0001], P[0004], P[0017]).
Regarding Claim 8
wherein the sidewall, base, and protrusions are formed of an impermeable material(the sidewall, base and each protrusion is made from PET must be impermeable to fluid otherwise the container would not function to hold a liquid; P[0001], P[0004], P[0017]).
Claim(s) 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuttner (GB 191420690).
Kuttner teaches
Regarding Claim 9
A combination golf tee and container device(Fig 1) comprising:
a container body(A) including a base(C), a first end(at B) and a sidewall(wall of A) extending therebetween(Fig 1), the base including an upper surface facing the first end(interior upward facing surface of C) and a lower surface facing away from the first end(exterior downward facing surface of C);
a platform(defined by edge of A at B) and an opening at the first end(opening of B), the platform formed of an edge of the sidewall surrounding the opening such that the platform is configured to support a golf ball(platform is defined by an edge of A at B which surrounds the opening at upper end of F);
a cavity(F) within the container body(Fig 1-3), the sidewall connected to the base and the sidewall and the upper surface of the base defining the cavity(Fig 1-3) such that the cavity is configured to hold a substance(cavity F is structurally capable of holding a substance), the cavity in fluid communication with the opening(F is in fluid communication with the opening at B), the base being wider than the opening(base C is wider than the opening at B, Fig 1-3); and
a plurality of protrusions(E) connected to the lower surface of the base(Fig 1-3), each protrusion of the plurality of protrusions being elongated and extending between a bottom edge(distal end of E) and a base end(proximal end of E), the base end connected to the lower surface of the base(Fig 1-3) and the bottom edge extending away from the lower surface of the base(Fig 1-3), the bottom edge being narrower than the base end such that the bottom edge is configured to be inserted into a surface(distal end of E comes to a point that is narrower than the base end; Fig 1-3; Page 1, ln. 19-30).
Regarding Claim 10
wherein each protrusion of the plurality of protrusions is a spike configured to be inserted into a surface Fig 1-3; Page 1, ln. 19-30).
Regarding Claim 11
wherein each bottom edge of each protrusion of the plurality of protrusions is coplanar such that the container body may rest on a horizontal surface with the platform extending horizontally(the bottom edge of each spike exists in the same plane which enables 1 to rest on a flat surface, as is visually apparent in Fig 1).
Regarding Claim 12
A method of using a container(Fig 1), the method comprising:
storing a fluid(air) in a cavity(F) within a container body(A), the container body including a base(C), an opening(at B), and a sidewall extending therebetween(wall of A), the base and sidewall defining the cavity(Fig 1-3) and the opening such that the cavity and opening are in fluid communication(F is in fluid communication with the opening at B), the container body including a plurality of spikes extending from the base(E; Fig 1-3); and
storing the container body on a surface such that spikes of the plurality of spikes are in contact with the surface(Fig 1-3; Page 1, ln. 19-30).
Regarding Claim 13
placing a golf ball on the opening wherein the golf ball is spaced apart from the surface by at least a height of the container body(Fig 1-3; Page 1, ln. 19-30, when a ball is placed on the opening it is spaced about from the surface by at least the height of A).
Regarding Claim 14
inserting the spikes into a surface(Fig 1-3; Page 1, ln. 19-30).
Regarding Claim 15
hitting a golf ball from the container body(page 1, ln. 5-8).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2470574 A
NELSON EARL J
US 20140371006 A1
Black, JR.; John Luther et al.
JP 2009082159 A
KOBAYASHI, TAKEYOSHI
US 9914031 B2
Vrhel; Ronn et al.
US 12415121 B1
Mitchum, Jr.; Charles Dwight
US 3099452 A
FERNICOLA JOHN D
US 20170101234 A1
STUMPF C et al.
The above references are cited for teaching liquid containers and/or golf tees with features similar to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P WOLCOTT whose telephone number is (571)272-9837. The examiner can normally be reached M-F 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at 571-270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P WOLCOTT/Primary Examiner, Art Unit 3711
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