Elaboration on Obviousness and Anticipation

First I will discuss the basic idea behind obviousness and anticipation and then will use patent examples to discuss these concepts.

Anticipation is when a prior art or earlier invention has all of the features of a new patent explained and shown but not necessarily claimed. The idea is that a regular person who is not necessarily an expert in the field could recreate this "new" idea using just the prior art. Basically this is a test to see if a patent or idea is actually new and innovative, and in cases where there is anticipation then it is not and should be voided as  a patent.

Discussion of Anticipation

Insulator Sleeve US 7922031 BI

This patent is for a sleeve that allows one to write on the inner sleeve and then see through the sleeve so that they can see the writing. This has many applications in the context of making and serving beverages in which the waiter can now see what was ordered by the writing on the cup. While the sleeve has been invented before and writing on a cup has been discussed previously this does not exhibit anticipation as it combines these ideas in a completely novel and innovative way to make a superior and different product.

Obviousness is the idea that an idea or product differs significantly from a preexisting one. So if an inventor comes up with and patents an idea another person can not file for a patent of basically the same thing with a tiny detail minutely changed and call it different. This is a test to first protect patent holders from having their products essentially copied and it forces people to actually be innovative and not just copy what has already been made.

Discussion of Obviousness-
Insulating Sleeve- US 6343735 B1

This patent is for a sleeve that has ridges along the outer edge that allows for grip. The innovative part of this patent is that air is used as the insulting agent. Because the user holds the sleeve on the ridge there is a small cavity of air between the ridges that works to either cool or heat the hot/cold beverage within the cup. While this patent is not for a completely different kind of product it is not obvious from prior arts and is thus non obvious.

HW 5- Parts 1 and 2

Part 1

Patent #1: US 6343735 B1 (Insulating Sleeve):

The basic idea of this patent is an insulating sleeve that goes around a beverage container with a predetermined amount of space between the wall of the drink container. It is a cheap and disposable option with a grip. It is basically so people can grab a hot cup without burning themselves. May 4, 2000 was the Priority date for the patent. The user grabs the wing portions of the sleeve that come off of the main sleeve so that they can have a grip while not having direct contact with the actual hot cup.

Part 2

"Heat Disorders" by Brian J is a prior art. Overall I do not consider this one to be non obvious as the concept of an insulating sleeve has clearly existed for a long time and this is only an inprovement of a concept rather than reinventing the wheel.

Part 1

US 2661889 A (Thermal Coffee Cup)

The thermal coffee cup is a cover for a paper coffee cup with a little tab that can be ripped for for easier flow of liquids through allowing easier inflow and outflow of air. The tab does not need to be ripped off for the consumption of the beverage, but it does help with speed of drinking and temperature regulation. Its priority date was July 20th 1948.

Part 2

"Mechanism of thermal-shock failure in enamelware, an oven test method" is the Prior art. I believe this invention was non obvious as I believe this idea of having a removable portion of a lid of any drink to allow for better airflow was new. Having not lived in the 1940s it is hard to say if there was another product that was similar in design or concept, but I would assume there was not.

Part 1

US 8251277 B2 (Thermal Sleeve, Method for Manufacturing a Thermal Sleeve, and Combination Cup and Thermal Sleeve)

This patent is a thermal sleeve that wraps all the way around the container to provide thermal insulation. The wrap is glued together at each end to connect the circle, and is made of a material that provides grip for the holder. The Priority date is August 28th, 2012.

Part 2

"Non-Obviousness" by John Barton is the Prior Art. While similar it is a new concept to earlier products and thus can in some senses be seen as no- obvious.

Part 1

US 7922031 B1 (Insulator Sleeve for a Beverage Container)

This invention is basically a reusable insulating container sleeve with an inner and outer sleeve. Both sleeves are frusto conincal with the outer sleeve being see through and having grip, so that the person can see through the sleeve but it still insulates well while providing grip. March 1, 2016 is the priority date for this sleeve.

Part 2

John Barton's "Non-Obviousness"  is the prior art. Specificaly idea 43 relates to this patent. This was a legitimately different concept from earlier sleeves becaus of the frusto conical shape as well as the transparent material and is thus non-obvious.

Part 1

US 8118189 B1 (Temperature-Indicating Sleeve)

This is a sleeve for a drink container that relays the temperature of the inner liquid. There is a temperature indicator on the outer side of the sleeve that the user can see to know how hot the contents of the cup are. December 15, 2006 is the priority date for this patent.

Part 2

The Prior art is "temperature distribution in large, pot in pot nursery container" by GR Bachman in the Journal of Environmental Horticulture. This patent is very much so non obvious as it is a very novel idea. While there are drink sleeves and there are temperature gauges a product that combined the two had never been done before.

Part 1

US 6152363 A (Sleeve Construction for Improved Paperboard Cup Insulation)

This patent is for a paperboard sleeve with hot melt glue dot to improve insulation and grip of a paperboard cup. May 3, 1999 is the Priority date.

Part 2

"Multi-compartment ovenable, food container" is the Prior art in the Journal of cleaner production by R Gordon and K.D. Jensen. The concept of a paperboard cup is not new, but the hot melt glue dot technology was new and innovative which makes this patent non-obvious.

Part 1

US 20080078824 A1 (Beverage Cup Sleeving System and Method)

This patent is for a cup insulating device with a layer of elastomer in a conical sleeve. There is an outer layer with grip next to the elastomer and then an interior surface with and top and bottom opening. The cup goes into the top opening.  August 23, 2006 is the priority date for this patent.

Part2

"Dionysiac Aspects of Kushan Art" by Matha Carter is the Prior art. This patent has both a new different design for a sleeve as well as incorporation of elastomer which is brand new which makes this non obvious.

Part 1

US 20100019023 A1 (Protective Sleeve)

This is the patent for an arch shaped sleeve. It insulates and provides grip just like every other sleeve, but because of the arch shape it makes the manufacturing process easier, cheaper, and more environmentally friendly. The arch shape decreases the amount of material needed in the produciton process. July 25, 2008 is the Priority date.

Part 2

"Land cover change trajectories in southern Cameroon" by Benoit Mertens is the Prior Art. No arch shape with peaks and troughs design had ever been used for drink sleeve and thus this patent is non-obvious.

Part 1

US 20140151385 A1 (Hot and Cold Cup Sleeve)

This patent is for a sleeve with three layers. The first layer is liquid absorbent to prevent dripping. The middle layer is polyethylene and is not visible after the product is finished with the manufacturing process. The third and outer layer is dry and has grip. This sleeve insulates very well because of the polyethylene but is very cheap, thin, light, and disposable. February 6, 2014 is the priority date.

Part 2

"Disposable coffee cup waste reduction study" by Hanna Ziada is the Prior Art. This patent is non obvious because it uses new technology and a new design concept to improve on the current sleeve designs.