Obviousness in the patent world means that a person having ordinary
skills in that respective art would not have easily thought of an idea given
the plurality of the prior art. In my opinion, the following patents are all
very similar. I did notice that the authors of the patents included specific
rhetoric to differentiate their particular patents as original ideas. Despite
their similarity, one can argue that the changes of the patents are incremental
improvements rather than peculiarly insignificant changes for the sake of
having different patents that allow the respective inventors the ability to
manufacture these goods without the need of licensing from previous inventors’ patent
ideas.
The first time that the idea of a thermal-beverage-related patent was
established was 1948 with the thermal coffee cup. Here, Delbert Phinney described
his patent as a hand-held container that was adapted to withhold hot
substances.
From there, the idea was restructured by James Arthur Rule who patented
the sleeve construction for improved paperboard cup insulation in November of
2000. His idea differed from Phinney’s in that his protective sleeves had
hot-melt glue dots that improved the insulating abilities of the paperboard
cup.
Following Rule’s improvement, Liming Cai created a patent for the
insulating sleeve in 2002. Cai’s patent further describes the abilities of the “insulating”
sleeve, as it could be used for both hot and cold beverages, as well as paperboard
and non-paper cups.
Although John Katchko et al filed a patent for the thermal sleeve, Method
for manufacturing a thermal sleeve and combination cup and thermal sleeve in
2005, their patent was not issues until 2012. Their patent goes into depth in
describing what the thermal sleeve is composed of: it has top and bottom
openings that allow the cup to go through the sleeve; an inner, creped paper
lining; and an adhesive holding that rings the sleeve around the cup.
In 2007, three different patents applications were filed regarding the
thermal sleeves: all three were patented.
In March of 2007, Kevin Prince patented the insulator sleeve for a beverage
container, which is distinguished by its disposable nature and ability to be
used repeatedly. Moreover, these sleeves could be made of biodegradable
materials, so as to leave less of a negative impact on the environment through
the manufacturing of said product. Unlike previous patents, this one describes
the different types of cups, such as the frusto-conical beverage cup, and
sleeves, like the transparent or disposable sleeves, that are a part of the
patent. His idea was patented in April 2011.
In December of 2007, Wendy and Donald LaGuardia filed the patent for the
temperature-indicating sleeve and related container. What distinguishes this
sleeve from the rest is that it has a temperature indicator on the sleeve,
which improves the customer’s interaction with very hot or cold beverage
containers. The LaGuardia’s idea was patented on February 21st of
2012.
In August of 2007, Andrew Raymond Spriegel et al filed the beverage cup
sleeving system and method. This contraption is differs from the previous
patents in that the sleeve is elastomeric and manufactured with a liquid
crystal that changes color with temperature fluctuations. Published in 2008, this
idea was patented far quicker than the previous two inventions. It was probably
easier for the USPTO to patent this idea because of the addition of crystal
liquid to the sleeve, as this clearly distinction the idea from the others,
whereas the other two patent files may have required more editing and research
in order to be differentiated enough to become new patents.
In 2009, the protective sleeve’s patent application was filed. Unlike
former designs of thermal sleeves, this protective sleeve has one or more
arch-like shapes; this arch-like shape is said to improve the efficiency of the
material used in manufacturing these sleeves and decrease the environmental waste
emitted through the sleeves’ manufacturing process. Barry Silverstein et al
patented this protective sleeve in January of 2010. The efficiency that the
change in shape brought to the thermal sleeve was probably a clear improvement of
previous sleeve patents, which is why this application was published in less
than a year.
The last patent application was filed in February, 2014 by Eugene Chun.
His patent is the hot and cold, disposable cup sleeve with water-absorbent
lining, a water-repellent outer layer, and a coating laminate layer that is
bound to the outer layer. This outer layer is made up of polypropylene,
polyethylene, polyethylene terephthalate, viscous rayon, acrylic, aramid, and
nylon and is enclosed to provide a safe and comfortable.
Published in June of 2014, the patent was probably published in such a
quick manner because it was easily distinguished by the thorough description of
the lining and outer layer.
I really like how you went through the timeline of improvements between the technology and highlighted how similar many of the patents are. Great insight!
ReplyDeleteSasha
Hi Sasha,
DeleteI like how you pointed out something that could be really beneficial, understanding similarities would give way to understanding novelty/obviousness better. What I would suggest is possibly commenting on what you feel would better your understanding, may it be a more concise post/different format, ect.
Hi Nicole! Great Blog Post! It was really easy to follow along. I like how you went through all the patents chronologically and clearly described their obviousness. The only thing is try to make your points more concise if you can. But overall, great job and see you in class :)
ReplyDeleteHi Vruti,
DeleteGreat comment! Good job pointing out both the strengths and weaknesses of this post. It would be good if you could add your opinion as well - did you agree with her viewpoints?
Awesome blog post. You put a lot of thought and detail into this post. You when through the patents in a systematic manny and clearly outlined obviousness. Great work overall.
ReplyDeleteHi James,
DeleteNice comment on how Nicole put in a good amount of effort into the overall work. Maybe one suggestion is to include any ways for her to improve. Probably try to be more concise or something along those lines? I feel like your comment was great, but probably could have expanded more so on where she could have done better so she can do better in her future work.
Hi Nicole,
ReplyDeleteI really like that you went in chronological order and discussed how the description/verbality of each patent evolved from the next. I might suggest that you make your post a little more concise, but I honestly enjoyed how thorough you were. Not too many posts are this descriptive!
Sasha