Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to the amendments and remarks received on January 16, 2026.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 16, 2026 has been entered.
Response to Arguments
Applicant's arguments filed January 16, 2026 have been fully considered but they are not persuasive.
Applicant has argued that KIM et al. fails to disclose flaps configured as required in the amended claims; particularly, Applicant has not found the plurality of top flaps to be a unitary formed structure. This argument appears to based on the tops flaps being connected by perforated lines which are torn to facilitate closing of the container. However, it is unclear to Examiner how the connected perforations or the torn perforation negate the flaps and panels as a unitary formed structure. Comparable to figures 3-5F of Applicants figures, the plurality of flaps of KIM et al. extend from the panels, such that the flaps are spaced from one another such that the flaps are movable relative to the panels to establish a closed configuration of a formed container while maintaining connection to the panels. Furthermore, the plurality of top panels are found to be a single unit formed with the panels prior to breaking of the perforation and post breaking of the perforations, thereby meeting the limitations of the container as claimed.
The argument against the 35 USC 103 rejection is found to be addressed by the remarks above.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KIM et al. (US 6,138,901).
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Diagram I
In reference to claims 1-5 KIM et al. discloses a container formed from a monolithic blank (figure 13), the container comprising: a plurality of side panels (see Diagram I of figures 27A and 6A above) including a first side panel that abuts an attachment tab 66 and a second side panel, the second side panel abuts the first side panel and a third side panel, the third side panel abuts the second side panel and a fourth side panel; a plurality of first top flaps adjacent to one another (see Diagram I of figures 27A and 6A above) uniform in dimensions and continuously adjacent to one another, one first top flap extending from a top side of each of the first side panel and the second side panel to a first height (H1); a plurality of second top flaps adjacent one another, a second top flap extending from each of the third side panel and the fourth side panel to a second height (H2) that is less than the first height (H1), each second top flap is disposed opposite of a first top flap to define a passageway due to the height difference of the first height (H1) and the second height (H2), each flap of the plurality of first top flaps and the plurality of second top flaps are of a unitary formed structure; and a plurality of bottom flaps (along edge 18) that are uniform in dimensions and extending from each of the side panels (figure 13).
Regarding claim 16, KIM et al. further discloses each of the side panels 11 uniform in dimensions (figure 13; column 3 lines 40-52, column 5 lines 38-43).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6-14, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over HUTTER et al. (US 2016/0137326) in view of KIM et al. (US 6,138,901).
With respect to claims 6, 7 and 17, HUTTER et al. discloses a system comprising: a container 5 having a plurality of side panels and top flaps that define a product receiving space (paragraph [0029]); a robot arm71 supporting an end effector 70 with a fixed orientation relative to the robot arm 71, the robot arm 71 configured to position at least one product 2 in the product receiving space of the container 5; and a vision device as a means for controlling movement of the robot arm 71 and the end effector 70 (paragraph [0126]).
HUTTER et al. does not disclose the container of the system having top panels of varying heights as claimed. KIM et al. teaches a container formed from a monolithic blank (figure 13), the container comprising: a plurality of side panels (see Diagram I of figures 27A and 6A above) including a first side panel that abuts an attachment tab 66 and a second side panel, the second side panel abuts the first side panel and a third side panel, the third side panel abuts the second side panel and a fourth side panel; a plurality of first top flaps adjacent to one another (see Diagram I of figures 27A and 6A above) uniform in dimensions and continuously adjacent to one another, one first top flap extending from a top side of each of the first side panel and the second side panel to a first height (H1); a plurality of second top flaps adjacent one another, a second top flap extending from each of the third side panel and the fourth side panel to a second height (H2) that is less than the first height (H1), each second top flap is disposed opposite of a first top flap to define a passageway due to the height difference of the first height (H1) and the second height (H2), each flap of the plurality of first top flaps and the plurality of second top flaps are of a unitary formed structure; and a plurality of bottom flaps (along edge 18) that are uniform in dimensions and extending from each of the side panels (figure 13).
It would have been obvious to one having ordinary skill in the art at the time of filing the invention to provide a container of equal height top flaps or a container having first top flaps of a first height and second top flaps of a second height (greater) height since the disclosure of HUTTER and KIM et al. suggest the equivalence of either configuration of top flaps for their use in the packaging art to transport/ship articles (HUTTER-paragraph [0006]; KIM et al.-column 1 lines 17-27); wherein the selection of either container top flap configuration to enclose a product receiving space of a container formed from a monolithic blank would be within the level of ordinary skill in the art.
In reference to claim 8-14, HUTTER further discloses the system including a conveyor belt 12 configured to support product 6; and the container (as modified) movable along a roller track 40 parallel (figure 8) to the conveyor belt 12. Figures 4-5 of HUTTER et al. discloses the robot arm(s) configured to move product in a direction toward the conveyor belt 12 such that the product is positioned spaced apart from upper edges of the container edges; wherein the provision of a container as modified by KIM et al. could facilitate in the function of the robot arm relative to the top flaps as claimed.
With respect to claim 18, figure 27A of KIM et al. teaches the plurality of first top flaps continuously adjacent in an assembled state and the plurality of second top flaps continuously adjacent in the assembled state; and, wherein figure 13 discloses the plurality of first top flaps continuously adjacent in an unassembled state and the plurality of second top flaps continuously adjacent in the unassembled state.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
August 24, 2025