Assignment #5C | Anticipation and Obviousness of Claims

Hi readers,

This post will allow me to further elaborate on two of the sleeve patents that I have discussed in the past two blog posts, especially regarding anticipation and obviousness. For deeper context, U.S. patent law allows anticipation to occur when a claim lacks novelty due to the fact that some prior event already discusses the features of a claim.

US 7922031 B1 (Insulator Sleeve for a beverage container)

This is a novel patent, therefore anticipation is not an issue here. This invention, as discussed earlier, allows for someone to write onto a sleeve and then see through said sleeve. Essentially, one would write on the inner sleeve and then cover the beverage cup, allowing the consumer to still see through the inner sleeve from the outside. The insulating sleeve does allow for the consumer to prevent burning, but the unique element comes with the ability to write on it. This is a novel patent because the claims discussed are not detailed in any prior reference or event.

US 20140151385 A1 (Hot and Cold Cup Sleeve)

This patent, as the name indicates, allows for a sleeve that is to be used with hot or cold beverages. To discuss in more detail the three layers that we mentioned earlier, let's begin with the innermost layer. The inner layer absorbs water in order to prevent moisture from reaching any of the other layers and ultimately reaching the consumer. The outer layer serves to do just this: protect the consumer from the inner layer that absorbs the moisture from the cup. The third layer is actually not visible to the consumer following production, but it is created by a polyethylene film. This sleeve is actually very cheap to produce, lightweight, and it is disposable. The first claim discusses the three layers, while other claims discuss design/technological intricacies. With regards to obviousness, this patent includes very unique technology and designs through the three layers I have just discussed. The patent is also novel and therefore non-obvious.

Thanks for reading my analysis regarding the two patents' relationship to anticipation and obviousness. Looking forward to seeing your comments!