I will be discussing the various patents for insulating beverages again, only this time I will be focusing more on the anticipation and obviousness of these patents specifically on the issues related to invalidity, priority date and prior art.
The patents that were examined (and the prior arts they cited) were:
- Thermal Coffee Cup
- Sleeve Construction For Improved Paperboard Cup Insulation (with dots)
- which cites the thermal coffee cup
- Insulating Sleeve (with hooks and flat aigret)
- Beverage Cup Sleeving System and Method (accessories, pocket, keychain, microwave, corrugated etc.)
- claims priority over Provisional Application No, 60/839,259 as it is entirely contained within this patent
- Protective Sleeve (flat storage, material and easier less wasteful manufacturing)
- Insulator Sleeve for a Beverage Container (reusable)
- citing Sleeve Construction For Improved Paperboard Cup Insulation
- as it is designed for repeated use, it makes all the prior art disposable sleeves unnecessary
- Temperature-Indicating Sleeve and Related Container
- Thermal Sleeve, Method For Manufacturing a Thermal Sleeve, And Combination Cup and Thermal Sleeve (creped paper sleeve and cup made of many different materials)
- citing Sleeve Construction For Improved Paperboard Cup Insulation and the Insulating Sleeve patents
- Hot and Cold Cup Sleeve (multi layers)
From an anticipation standpoint, we can see how the Beverage Cup Sleeving System and Method claims priority over a Provisional Application filed in August of 2007 as this provisional application now lacks novelty.
As for anticipation we need a single prior art piece to have "all of the elements" of a single claim, it is hard to pinpoint if there is anticipation as there are so many combinations of materials and features in all of these claims that they aren't exactly the same.
Regarding obviousness, one may believe that many of the above inventions barely scrape by
without being regarded as obvious. However, each of these patents add a new spin or "non-obvious" idea making the invention novel. Even the Protective Sleeve patent which may seem as the dullest invention that doesn't add anything new to the field has significant importance. The shape that is presented allows for much better spacing organization making the manufacturing of these sleeve less wasteful to the environment and also cheaper. Even if simple, this innovation wasn't obvious.
You can see in the prior blog post how many of the patent granting and application dates cross-over with each other so naturally there are issues with prior arts as many of the patents cite each other.
For example: we can see how the Insulator Sleeve for a Beverage Container builds off of the air-gap method first reported in the Improved Paperboard Cup Insulation patent, however via making the whole sleeve reusable, the invention changes and thus anticipation is not applicable. However, when we think about the obviousness of this same invention, to me it seems to lack a bit of non-obviousness. It takes almost all of its features from prior arts, except for the fact that it isn't disposable. As many objects have been made to replace disposable objects, I think it might be able to be argued that this invention is a bit obvious. The lawyer must have been good!
Please view my Youtube video below for a conversation on the above topics!