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 .
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 claim 1, a receiver , and a lanyard comprising a plug, Claim 11, “wherein the plug is disposed proximate a second end of the lanyard’ this is not to be confused with plug (34) (134) 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 § 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)(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) 1-3,5-9,11-14,16-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Prescott (US Pub No 2005/0230466).
With respect to claim 1, Prescott shows a sleeve (32) for a beverage container (10), the sleeve (32) comprising: a tapered cylindrical body (body of 34) comprising a first body end and a second body end, wherein the first body end comprises a first diameter and wherein the second body end comprises a second diameter less than the first diameter, and wherein a center of the first diameter is aligned with a center of the second diameter; stage disposed on the tapered cylindrical body, wherein the stage defines a receiver (18); pin (48a) coupled to the stage; and a lanyard (36) comprising a plug (34), wherein the lanyard (36) is movably coupled to the pin (48a) between a first position where the plug (34) is engaged with the receiver (18) and a second position where the plug (34) is disengaged from the receiver (18), wherein the lanyard (36) and the stage comprise a unitary part.
With respect to claim 2, Prescott shows wherein the pin (48a) and the lanyard (36) comprise a unitary part. (fig. 5)
With respect to claim 3, Prescott shows wherein the sleeve (32) and the stage comprises a unitary part (fig. 5).
With respect to claim 5, Prescott shows wherein the stage comprises a stage thickness and the sleeve (32) comprises a sleeve (32) thickness less than the stage thickness. (fig. 5)
With respect to claim 6, Prescott shows wherein the lanyard (36) is rotatably coupled to the pin (48a). (see paragraph 16, pin and rotations shown in drawings)
With respect to claim 7, Prescott shows wherein when in the first position (fig. 2), an axis of the lanyard (36) is disposed substantially parallel (see fig. 2) to an axis of the stage, and wherein when in the second position (fig. 5), the axis of the lanyard (36) is curved relative to the axis of the stage (38).
With respect to claim 8, Prescott shows wherein the tapered cylindrical body comprises a corrugated inner surface (40).
With respect to claim 9, Prescott shows wherein the tapered cylindrical body comprises a height and wherein the lanyard (36) comprises a length greater than the height. (fig. 2)
With respect to claim 11, Prescott shows wherein the lanyard (36) is connected to the pin (48a) proximate a first end of the lanyard (36), and wherein the plug (34) is disposed proximate a second end of the lanyard (36).
With respect to claim 12, Prescott shows wherein the stage (38) extends from the first body end to the second body end. (fig. 2)
With respect to claim 13, Prescott shows a method (normal use) of plugging a hole (18) in a lid (12) of a beverage container (10), the method comprising: inserting the beverage container (10) into a sleeve (32) connected to a lanyard (36), wherein the lid is secured to the beverage container; rotating the lanyard (36) about a pivot pin (48a) on the sleeve (32) from a first position where an axis of the lanyard (36) is disposed substantially parallel (see fig. 2) to a central axis defined by the sleeve (32) to a second position where the axis of the lanyard (36) is curved relative to the central axis of the sleeve (32);and inserting a plug (34) of the lanyard (36) into the hole in the lid.
With respect to claim 14, Prescott shows further comprising bending the lanyard (36). (fig. 2)
With respect to claim 16, Prescott shows further comprising disconnecting (at 48a) a first end of the lanyard (36) from the sleeve (32).
With respect to claim 17, Prescott shows wherein the lanyard (36) is movably connected to the sleeve (32) at a second end of the lanyard (36).
With respect to claim 18, Prescott shows a sleeve (32) for a beverage container, the sleeve (32) comprising: a tapered cylindrical body (sidewall of 32) comprising a first body end and a second body end, wherein the first body end comprises a first diameter and wherein the second body end comprises a second diameter less than the first diameter, and wherein a center of the first diameter is aligned with a center of the second diameter; a stage (38) disposed on the tapered cylindrical body, wherein the stage defines a receiver (18);a pin (48a) coupled to the stage; and a lanyard (36) comprising a plug (34), wherein the lanyard (36) is rotatably coupled to the pin (48a) between a first position where the plug (34) is engaged with the receiver (18) and a second position where the plug (34) is disengaged from the receiver (18);wherein when in the first position, an axis of the lanyard (36) is disposed substantially parallel to an axis of the stage (fig. 2), and wherein when in the second position (fig. 5) , the axis of the lanyard (36) is curved relative to the axis of the stage (38).
Allowable Subject Matter
Claim 10, is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques can be reached at 571 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736
