Friday, March 13, 2015

Obviousness Part 2

Obviousness Youtube Video:

"Prior art search-Obviousness in your Invention or Idea-Venn Diagrams"
**This video breaks down obviousness into a very interesting and easy to understand way

Major Points to Pull:
  1. There have been many supreme court cases over the last 100 years related to obviousness in patents. (i.e Graham v. John Deere Co.)
  2. Patent practitioners help overcome the finding of obviousness in your patent.
  3. "Prior art searches" look to see if there are overlapping parts of your invention to prior art.  
  4. If entire art overlaps with a prior art, then the invention is not proprietary and is obvious.  
  5. If your patent is rejected, patent practitioner provide arguments to the patent office based on patent law and other aspects of obviousness in practice.  


Obviousness Part 1

I will be discussing obviousness and how it relates to patents in general, summarizing it into 10 key points...


  1. Obviousness is a vital part of the patent system, as it is one specific thing that every inventor must overcome.  The invention cannot be obvious, or common knowledge.  There must be something proprietary about the patent.  
  2. Obviousness is used to allow technological evolution to occur because if patents oversaturate a market, innovators are often deterred from entering the field due to a higher chance of infringements. 
  3. Non-obvious means that someone who has ordinary skills in the art would not have thought of the given invention. 
  4. Non-obviousness also characterizes an invention that is proprietary and that has been deemed worthy of receiving a patent. 
  5. In order to fully analyze obviousness, prior art must also be analyzed in order to determine a proper scope.
  6. In addition, differences between the invention in question and the prior art must be identified. 
  7. When determining obviousness, the level of non-technical skill in the patent in question must be agreed upon.  
  8. Although obviousness is pertinent to patent, there remains much debate on what fully determines what is patentable.  
  9. The Supreme Court qualifies obviousness with  "A person of ordinary skill in the art is also a person or ordinary creativity, not a automaton." 
  10. If something is considered "Obvious to Try," it can also be considered obvious based on its anticipation, common sense, familiarity, or predictability of the results.  
**I hope you liked my summary of obviousness, let me know your thoughts!  


Sunday, March 1, 2015

Patent and Patent Applications Personal Response


For this post, I will be discussing the below patent in terms of their obviousness and anticipation.  My previous post discusses these patents in detail, and can be used to reference specific logistics. 

US 6343735 B1 Insulating sleeve

US 2661889 A  Thermal coffee cup

US 8,251,277 B1 Thermal Sleeve, Method for Manufacturing a thermal sleeve and combination cup container
US 7,922,031 B1  Insulator sleeve for a beverage container
US 8118189 B1  Temperature-indicating sleeve and related container
US 6152363 Sleeve construction for improved paperboard cup insulation

US 20080078824 A1 Beverage cup sleeving system and method

US 20100019023 A1  Protective sleeve

US 20140151385 A1 Hot and Cold Cup Sleeve

In terms of obviousness, these patents seem to be repetitive and very obvious in some cases; however, each patent has a specific feature that makes it novel to the rest.  For instance, the thermal coffee cup was proprietary by its description of the cap’s mechanism, though still referencing prior art.  The temperature-indicating sleeve built upon a previous sleeve but added a component that had yet to be introduced.  The patent dealing with sleeve construction for improved insulation displayed tangible improvements to the air gaps therefore improving the product as a whole.  Each one of these patents was approved because they were novel and useful; so although they overlap and seem identical, they expand on previous inventions that make it proprietary. 

In terms of anticipation, the ones that stick out the most to me are the temperature-indicating sleeve and the hot and cold cup sleeve.  In general, the patents seemed to be very basic and dealing with slide modifications to increase functionality.  Prior patents in particular most likely anticipated these two patents, because a hot and cold sleeve would bring a multi-use product that can save related businesses money.  The temperature-indicating sleeve must have had anticipation because a key property of the sleeve is dealing with temperature-induced discomfort.  In my opinion, it would only make sense to have an indicator that would protect your mouth from the same heat that would be painful to the hand.   



Patents and Patent Applications


US 6343735 B1 Insulating sleeve

Description and Background: Hot Beverages historically have been easily consumed with Styrofoam cups, but these cause environmental impacts that have called for an alternative insulation technique.  Other options include rubber or reusable metal containers, and a practice of “double cupping.”  This patent involves an improved sleeve for holding hot beverage cups.  It is used for protecting a person’s hand during the use, and it involves two wing portions that are spaced by spacing parts in order to provide air gaps. 

Priority Date: May 4th, 2000

Specifications and Technology: The basic technology and specifications behind this invention are as follows: A sleeve with “first and second wings or ridges that project from opposite sides thereof and run from near the sleeve top edge to a point near the sleeve bottom edge.”  The ridges contain space from the side wall, maintain an air gap, and specify gripping portions.  Other stipulations include having a part of the sleeve on which the lid can hang, and being made from “non-corrugated” materials.  Diagrams of the invention are very detailed, having 12 distinct figures for accurately depicting the sleeve.  Figures relate to embodiments of the invention, and are detailed in showing many angles and views. 

Claims: 1. An isolating container holder for a container having a sidewall. having a top opening and a bottom opening, as well as a passageway between them.  5. A sleeve that is able to shift between a flat storage and open use position.  10. A foldable blank for forming a holder for a cup or container with five fold lines. 

US 2661889 A  Thermal coffee cup

Description and Background: The invention involves a thermal coffee cup that provides a cover cap that may be modified to drink from while covered.  Also included in this patent is a cheap and easily manufactured combined holder and coffee cup, which also includes an extended edge for people to easily drink from. 

Priority Date: July 20th, 1948

Specifications and Technology: A cup having a wall, bottom, and interiorly faced top edge.  A ring of grooves is used to retain the cap and can be removed by a non-screwing fashion.  An insulating jacket is included with a lining to hold the cup wall.  The jacket in open ended on both sides and keeps space so the purchaser may hold the cup without having his fingers get too hot.  Figure 1-4 depict a perspective view, a sectional view, an atop plan view, and a transverse sectional view. 

Claims: 1. A container jacket with inner lining and open channels to hold a “cup-like” container. It is equipped with a closure that can be secured with a fitting cap in the inner grooves around the top of the container.   

US 8,251,277 B1 THERMAL SLEEVE, METHOD FOR MANUFACTURING A THERMAL SLEEVE,AND COMBINATION CUP AND THERMAL SLEEVE
Description and Background:  A thermal sleeve used for insulation that can be used to protect the hand against abnormal temperatures when holding a cup or container.  They are often used with products such as coffee or hot chocolate.  The sleeve is held together by an adhesive substance and includes assembly by creating a creped paper product in the form of a rectangle that is held together at the two long ends by this adhesive substance. 
Priority Date: April 15th, 2005
Specifications and Technology: Figures 1-3 depict a view of the sleeve fixed on a single use cup, a view of its rectangular and flattened folding position, and a sectional view of its folded position and laminate structure.  The sleeve can be used on any single use cup and can be disposed of in a single-use fashion.  Creped paper is used and refers to a single layer structure of fibers that have been creped.  The paper includes a first end, and a second end, which are adhered together in an overlap manner.  The adhesive can be anything that can create a paper-to-paper bind.  Once assembled, the circumference of the top opening may be greater than the bottom opening giving it a conical shape.
Claims: 1.  A cup sleeve consisting of creped paper, a first and second end, a first and second opening, and a laminate area that is adhered to smooth paper.  10.  A combo cup and sleeve that has the characteristics listed in claim 1 and having specific manufacturing characteristics

US 7,922,031 B1  INSULATOR SLEEVE FOR A BEVERAGE  CONTAINER

Description and Background:  The invention relates to beverage cups and more specifically, a coffee cup sleeve.  The use of disposable cups has called for a way to insulate heat from the user's hand.  Non-disposable and biodegradable alternatives have their drawbacks in customization and efficiency, and this invention addresses these basic logistics. 

Priority Date: March 1st, 2006

Specifications and Technology: A insulating sleeve combination for a frusto-conical cup of all sizes.  It includes an opaque frusto-conical inner sleeve and a frusto-conical outer sleeve.  The outer sleeve is preferably transparent and may be translucent, therefore allowing visibility through the sleeve.  The outer sleeve may be made from silicon rubber or other heat insulating materials, and may have a textured surface for grabbing the cup.  Figures 1-9 show a perspective drawing of the sleeve engaged to a cup, as well as a cut-away perspective drawing, a cross-sectional view, an exploded front elevated view, a installation view, as well as other elevational views of use and properties. 

US 8118189 B1  Temperature-indicating sleeve and related container

Description and Background:  A sleeve with a temperature indicator in or on the side that is visible while a beverage container is in use.  There are times when people can be burned from drinking liquids that are too hot to be consumed.  This has called for a way for consumers to know when liquids are safe to drink, precipitating this invention. 

Priority Date: December 15th, 2006

Specifications and Technology: A temperature-indicating sleeve that displays the temperature of a beverage while in use.  This sleeve is often made of Styrofoam and has a thermal conducting agent that is cellulose-based that allows for accurate transmission of current temperature.  The insulating agent is made from non-cellulosic material that allow for sleeve functionality.  Figures 1-11 show the basic implementation and configurations of the sleeve and its relation to a container

Claims: 1. A thermally insulated container that has a detachable container sleeve with a visual temperature indicator fixed to the sleeve that is calibrated to the properties of the thermal container.  18.  A method of manufacturing this container sleeve from a planar strip with a top opening and bottom opening which provides temperature indication within 4 degrees F.  This indicator is on or in the sleeve wall and is in observable place. 

US 6152363 Sleeve construction for improved paperboard cup insulation

Description and Background: This patent involves sleeve construction for paperboard cups.  These sleeves usually use paperboard materials with glue dots to improve the insulating function.  There is a need for sleeve construction that is lightweight, comes from a single entity, and preserves a smooth outside surface for printing.  This invention allows for air-gaps that are individually spaced in columns and rows allowing for improved economy, insulation, and lighter weight. 

Priority Date: May 3rd, 1999

Specifications and Technology: Improved air gaps that function to better insulate and better protect against heat.  These air gaps are made of hot glue dots and foam that form an optimal passageway for the heat.  A smooth outer surface enables label printing, and the sleeve as a whole has optimized weighting.  The figures and graphs 1-4 show a frontal view as well graphical views of sleeve efficiency. 

Claims:  1. A sleeve made from smooth paperboard material and improved air gaps for insulation. 3. Dimensions and insulation creation

US 20080078824 A1 Beverage cup sleeving system and method

Description and Background: Disposable cups in the beverage industry calls for handling mechanisms due to temperature. This invention involves the system and method of sleeving a beverage due to abnormal temperatures.  It is associated with a paper or plastic cup. 

Priority Date: August 23rd, 2006

Specifications and Technology: Figures describe this invention best as it involves the method and application of the invention.  Included are isometric views of sleeve implementation as well side views that exemplify the insulation system.  Also included are detailed analyses of certain insulation systems with different cups.  This patent application is heavily associated with the functionality and specifics of implementation of the invention. 

Claims: 1. A cup insulating system comprising of a conical sleeve having an exterior and interior surface and an upper and lower opening, where the inner surface is assembled to contact and support the surface of the beverage cup.  14. A thermal cup protector having an elastomeric and fabric composite sleeve with a conical structure, receiving beverages that are of frusta-conical shape.  18.  An insulating ring for beverage containers that are elastomeric and are configured to receive and secure a beverage cup. 

US 20100019023 A1  Protective sleeve

Description and Background:  Handling containers of abnormal temperature need a mechanism for increased consumer comfort.  A sleeve is enclosed into a conical arch shape and reduce the heat transfer rate of the cup to hand.  The sleeve may have more than one peak or trough, and can have different shapes and sizes in order to accommodate different sized containers. 

Priority Date:  July 25th, 2008

Specifications and Technology: This patent application involves the examination of the use and systems of the protective sleeve.  Figures 1-6 display a back view and perspective view of the sleeve assembled with a cup, front views of a collapsed sleeve and arranged on sheet material, and a flow diagram for the method of making the sleeve.  The container with which the sleeve interacts may be of any shape, and may be manufactured from plastic, foam, paper, or any other material that is conducive to holding hot or cold beverages. 

Claims: 1. A sleeve for use with a cup that has a first edge, a second edge, and having the first edge have at least one peak in relation to the second edge.  10.  A method for assembling a sleeve by applying a blank to a sheet material that is formed for a sleeve comprising a first and second edge, and with the first edge having at least one peak and trough in relation to the second edge.  16.  A sheet material having one or more blanks of a sleeve for containers that have a first edge and second edge and positioning that is repeating to allow no gaps between sleeves. 

US 20140151385 A1 Hot and Cold Cup Sleeve

Description and Background: The purpose of a sleeve is to thermally protect a consumer from hot or cold beverages.  Hot cup sleeves do not work for cold drinks as condensation compromises the paper or cardboard material.  Cold cup sleeves are more expensive and often too expensive for places to offer single-use sleeves.  An inexpensive and thin cold-cup sleeve that can be used for both hot and cold beverages is introduced as a result. 

Priority Date: February 6th, 2014

Specifications and Technology: The sleeve is made of three layers: the most inner layer is water-absorbent and is usually made from absorbent resin or pulp.  The outer layer stays dry due to water repellent fabric such as polypropylene.  It can also be made of natural materials such as cotton, wool, or pulp.  This makes the sleeve easy to grip.  Figures 1-6 include a front-plan view of the assembled sleeve in cylindrical form and well as other collapsed, 3D, and perspective views in use with a cold beverage. 

Claims: 1. A Disposable sleeve for beverage cups, having a water-absorbent lining, a water-repellent outer layer, and a polyethylene coating to bind the lining to the outer layer.  2.  A disposable sleeve for beverage cups, having the above qualities and with the material of the lining being resin and pulp.  In addition, the material for the outer layer consists of polypropylene, polyethylene, acrylic, aramid, nylon, and a few others.  6.  A disposable sleeve with the about qualities and securing means to secure left end to right end.