DETAILED ACTION
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 written in response to the amendment filed 05/18/2026
Claims 1-21 are presented for examination
This action is Non-Final
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.
Claim(s) 1-3, 9, 11, 14-15, 17-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klygis (US 4,465,180).
Claims 1-3. Klygis discloses a top-engaging device comprising a panel having at least four corners and at least four edges each extending between two respective corners of the at least four corners, the panel made of paperboard material and comprising:
a plurality of top-receiving openings each for receiving an upper portion of an article; and
a billboard area within which none of the top-receiving openings are located,
the top-receiving openings including at least four corner openings located at the at least four corners respectively, and
a plurality of edge openings disposed alongside the at least four edges,
the billboard area being interposed between first and second openings of the plurality of edge openings,
wherein the billboard area is defined by at least two severance lines formed in the panel,
wherein each of the at least two severance lines is spaced apart from the plurality of edge openings and is disposed between the billboard area and one of the first and second openings (see annotated figure below).
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Claim 9. Klygis discloses a blank for forming a top-engaging device, the blank comprising a panel having at least four corners and at least four edges each extending between two respective corners of the at least four corners (col. 1, ll. 18-28), the panel made of paper board material and comprising:
a plurality of top-receiving openings each for receiving an upper portion of an articles; and
a billboard area within which none of the top-receiving openings are located, the top-receiving openings including at least four corner openings located at the at least four corners respectively, and a plurality of edge openings disposed alongside the at least four edges, the billboard area being interposed between first and second openings of the plurality of edge openings, wherein the billboard area is defined by at least two severance lines formed in the panel, wherein each of the at least two severance lines is spaced apart from the plurality of edge openings and is disposed between the billboard area and one of the first and second openings (see annotated figure below).
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Claim 11. Klygis discloses the top engaging device of claim 1 wherein each of the at least two severance lines comprises a bridging portion 22 (fig. 4).
Claim 14. Klygis discloses the top engaging device of claim 1 further comprising a securing tab 24/28 interrupting at least one of the first and second openings 26 (fig. 4).
Claim 15. Klygis discloses the top engaging device of claim 1 wherein each of the four corner openings forms part of a securing device for securing the panel to a group of articles (fig. 1 and 4).
Claim 17. Klygis discloses the blank of claim 9 wherein each of the at least two severance lines comprises a bridging portion 22 (fig. 4).
Claim 18. Klygis discloses the blank of claim 9 wherein the billboard area is defined by a plurality of severance lines formed in the panel, wherein each of the severance lines is spaced apart from an adjacent severance line by a connection portion (fig. 4).
Claim 20. Klygis discloses the top engaging device of claim 9 further comprising a securing tab 24/28 interrupting at least one of the first and second openings 26 (fig. 4).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4-5, 7-8 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogg (US 2008/0257763) in view of Spivey Jr. et al. (US 2015/0321817).
Claim 4: Ogg discloses a package comprising a group of articles C each having a top and a bottom, an upper engaging member 14 in engagement with the tops of at least some of the articles of the group, wherein the upper engagement member is in engagement with at least one of an outer-most articles of the articles of the group via an aperture 30 formed in the upper engaging member, a lower supporting member 12 supporting the bottoms of the articles of the group, wherein the upper engaging member is spaced apart from the lower supporting member such that the upper engaging member is connected to the lower supporting member by no part of the package but by the articles of the group (fig. 1-2).
Ogg discloses a carrying tray but fails to disclose supporting handles on the tray. Spivey teaches wherein the lower supporting member 264 comprises a plurality of carrying handles 256a,b ([0037-0038]; fig. 4A). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the lower tray of Ogg to include the handles of Spivey to assist in easily gripping and transporting the packaged assembly.
Claim 5: Ogg discloses a package comprising a group of articles C each having a top and a bottom, an upper engaging member 14 in engagement with the tops of at least some of the articles of the group, wherein the upper engagement member is in engagement with at least one of an outer-most articles of the articles of the group via an aperture 30 formed in the upper engaging member, a lower supporting member 12 supporting the bottoms of the articles of the group, wherein the upper engaging member is spaced apart from the lower supporting member such that the upper engaging member is connected to the lower supporting member by no part of the package but by the articles of the group (fig. 1-2).
Ogg discloses a carrying tray but fails to disclose supporting handles on the tray. Spivey teaches wherein the lower supporting member 264 comprises a plurality of carrying handles 256a,b ([0037-0038]; fig. 4A). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the lower tray of Ogg to include the handles of Spivey to assist in easily gripping and transporting the packaged assembly.
Claim 7: Ogg-Spivey discloses the package of claim 4 or 5 wherein the upper engaging member is spaced above all parts of the lower supporting member (Ogg; fig. 2).
Claim 8: Ogg-Spivey discloses the package of claim 4 or 5 wherein the upper engaging member has a footprint which is greater than the footprint of the group of articles and generally equal to or less than the footprint of the lower supporting member (Spivey; fig. 1, 4B).
Claim 22. Ogg-Spivey discloses the top engaging device of claim 4, wherein the aperture is formed through the upper engaging member and circumscribed by material of the upper engaging member (Spivey; fig. 1).
Claim(s) 10, 12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klygis (US 4,465,180) in view of Marco (US 5,944,174).
Claims 10, 12. Klygis discloses the top engaging device of claim 1 but fails to disclose a multi-part severance line. Marco teaches wherein each of the least two severance lines 52 comprises a first portion (horizontal hook) and a second portion (vertical slit connecting horizontal hooks), the second portion being disposed substantially perpendicular to the first portion (fig. 1). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the severance lines of Klygis to include the multi-part severance lines of Marco to assist in maintaining a positive and sturdy connection to the panel.
Claim 16. Klygis discloses the top engaging device of claim 9 but fails to disclose a multi-part severance line. Marco teaches wherein each of the least two severance lines 52 comprises a first portion (horizontal hook) and a second portion (vertical slit connecting horizontal hooks), the second portion being disposed substantially perpendicular to the first portion (fig. 1). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the severance lines of Klygis to include the multi-part severance lines of Marco to assist in maintaining a positive and sturdy connection to the panel.
Claim(s) 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klygis (US 4,465,180) in view of Marco (US 5,944,174) in view of Sutherland (US 5,328,024).
Claim 13. Klygis-Marco discloses the top engaging device of claim 1 but fails to disclose teeth in the top panel. Sutherland teaches wherein the panel 42 further comprises teeth 20A formed at least partially surrounding at least one of the at least four corner openings 20, wherein the teeth are defined at least in part by a pair of cutaways (fig. 1-3). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the openings of Klygis-Marco to include the teeth/tab engaging members of Sutheraland to engage, maintain and strengthen the connection of the panel to the product.
Claim 19. Klygis-Marco discloses the top engaging device of claim 9 but fails to disclose teeth in the top panel. Sutherland teaches wherein the panel 42 further comprises teeth 20A formed at least partially surrounding at least one of the at least four corner openings 20, wherein the teeth are defined at least in part by a pair of cutaways (fig. 1-3). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the openings of Klygis-Marco to include the teeth/tab engaging members of Sutheraland to engage, maintain and strengthen the connection of the panel to the product.
Response to Arguments
Applicants’ arguments filed 05/18/2026 have been fully considered but they are not persuasive. Regarding claim 4, an aperture is defined as a circular through hole in the surface of the panel while the recesses are breaks but are not through. The point of reference of the applied art, Ogg is from the top surface where the aperture is through and surrounds an outer portion of the stored product.
Since Applicant has not given a special definition of the word aperture, it will be understood to one having ordinary skill in the art, as defined my Merriam-Webster dictionary, an aperture is defined as opening, hole or gap. Prior art Ogg discloses a panel with apertures 30 for engaging the outer surfaces of the stored articles. This limitation is believed to be taught by the prior art. Applicant is advised to provide structural elements that, in addition to the aperture, differentiate from the opening or hole of Ogg.
The rejection has been updated to further clarify the Examiners position regarding the handles of Spivey. The rejection is respectfully maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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