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 .
Claim Objections
Claim 3 is objected to because of the following informalities: Claim 3 depends upon a canceled Claim 2. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: Claim 10 depends upon a canceled Claim 9. Appropriate correction is required.
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.
(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 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Montealegre (US 4318470 A).
Regarding claim 1, Montealegre discloses a carton with cell and the blank for making comprising a front panel (14), a back panel (18), a first side panel (12), and a second side panel (16) foldably connected together (see Fig. 2); a first bottom flap (94) foldably connected to the first side panel (via 66); and at least one divider (114) foldably connected to the first bottom flap (via 118); and a locking tab (96; Examiner considers 96 to be a locking tab as it locks the bottom in place through adhesive attachment 102) foldably connected to the first bottom flap (via 98); and an attachment panel (52/56) foldably connected (via 54) to the first side panel and configured to attach to the back panel; and a top panel (34) foldably connected to the back panel (via 168).
Regarding claims 4-5, Montealegre discloses a carton and blank further comprising a second bottom flap (104) foldably connected to the second side panel (via 70); and at least one divider (116) and locking tab (106) foldably connected to the second bottom flap (via 108).
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.
Claim(s) 8 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Montealegre in view of Sumpmann et al. (US 8910856 B2; hereinafter Sumpmann).
Regarding claims 8 and 11-12, Montealegre discloses the claimed invention except for a removable portion defined by perforations. Sumpmann teaches a shipping and display container comprising a first side panel (7), wherein the first side panel includes a perforation (78) separating a removable portion of the first side panel from a remainder of the first side panel (see Figures 1-4); a front panel (5) foldably connected to the first side panel (see Fig. 3), wherein the front panel includes a perforation (77) separating a removable portion of the front panel from a remainder of the front panel; a second side panel (8) foldably connected to the front panel, wherein the second side panel includes a perforation (79) separating a removable portion of the second side panel from a remainder of the second side panel. It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Montealegre’s container to include a circumferential path of perforations around the container in order to define a removable portion for transforming the container into a display configuration (Sumpmann; Col 2 lines 35-50).
Allowable Subject Matter
Claims 3, 6-7, 10, and 13-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, see Pages 5-7, filed 10/06/2025, with respect to the rejection(s) of claim(s) 1 and 4-6 under USC 102(a)(1)—in view of Montealegre have been fully considered and are persuasive. Montealegre as previously applied lacks a locking tab foldably connected to the first bottom flap. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USC 102(a)(1)—Montealegre (alternate interpretation).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734