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 8 is objected to because of the following informalities: Claim 8 depends upon canceled Claim 5. Appropriate correction is required.
Claim Rejections - 35 USC § 103
3. 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 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.
4. 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.
5. Claim(s) 12 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nederveld (US 4,884,741 A) in view of Rapp et al. (CA 3138416 A1; hereinafter Rapp).
Regarding claim 12, Nederveld discloses a box comprising a plurality of main panels, each main panel comprising an upper panel, a central panel, and a lower panel (i.e. main body 11-14, upper closure flaps, and lower closure flaps); at least one attaching connection feature (17a/18a) located on at least one lower panel; and at least one receiving connection feature (21/22) located on at least one lower panel, wherein each lower panel is connected to at least two other lower panels by an attaching connection feature connecting to a receiving connection feature such that all lower panels are connected together thereby forming a bottom (see Fig. 4), wherein each main panel defines an inner surface and an outer surface, and wherein the box maintains its structure without fasteners. Examiner notes that Applicant’s Specification defines “without fasteners” as being without tape (see Par. 0003). Examiner notes that Nederveld does not employ tape to construct the box.
Nederveld lacks teaching that the box is made of corrugated cardboard (Nederveld uses corrugated fiberboard); and Nederveld also lacks instructions printed on an outer surface of the container.
Rapp teaches a cardboard carrying tray for holding transporting, and/or delivering food and beverage containers and a method of making wherein instructions for assembly are printed on an outside thereof (see Par. 0046, 0062; and Fig. 2). Therefore, it would have been obvious at the time of Applicant’s filing to modify Nederveld’s container to include instructions of use printed thereon in order to provide a guide for a user to assemble the container, as taught by Rapp; and it would have been obvious to use cardboard as a substitute for fiberboard, as a known material alternative in the art. Further, Examiner does not consider a functional relationship between the claimed printed matter and associated substrate to be new and nonobvious (see MPEP 2111.05).
Regarding claim 14, Nederveld, as modified above, teaches a box wherein each upper panel and each lower panel comprises one of the reference numerals, and wherein at least one panel comprises graphics displaying the stages of assembly (Rapp; see Fig. 2; Examiner notes that each flap comprises reference indicia; therefore it would have been obvious to include reference indicia on each of Nederveld’s flaps). Examiner considers a “stage of assembly” graphic to be any instruction indicia.
Regarding claim 15, Nederveld, as modified above, discloses a box wherein at least one attaching connection feature comprises a connecting tab (Nederveld; 27) and wherein at least one receiving connection feature comprises a connection aperture (Nederveld; 21a-c), wherein the connection aperture is defined in the panel containing the receiving connection feature.
Regarding claim 16, Nederveld, as modified above, discloses a box wherein each connection aperture comprises a slim portion (Nederveld; 21a) and an expanded portion (Nederveld; 21b-c), wherein the connection aperture defines a first lateral end (i.e. left side), a second lateral end (i.e. right side), a first vertical end (i.e. top most extent), and a second vertical end (i.e. bottom most extent).
Regarding claim 17, Nederveld, as modified above, discloses a box wherein the expanded portion is defined by an angled portion of one of the first lateral end and the second lateral end (Nederveld; see Fig. 1 and 6). Examiner notes that each connection aperture represents a general “S” shape. Examiner considers the expanded portions at the ends to have an “angle” that is parallel to the fold line attaching the end flap to the main panel.
Regarding claim 18, Nederveld, as modified above, discloses a box wherein at least one of the first vertical end and the second vertical end is a stop end, wherein at least one side of the connecting tab contacts the stop end. Examiner considers closed ends of all locking apertures (i.e. slots) to be “stop ends”.
Regarding claim 19, Nederveld, as modified above, discloses a box wherein each connecting tab defines a first side and a second side, wherein the first side and side are about parallel (Nederveld; 26 and 27; see Figures 1 and 6).
Regarding claim 20, Nederveld, as modified above, discloses a box further comprising a support tab (Nederveld; 28) arranged adjacent to at least one connecting tab, wherein at least one side of the support tab and at least one side of the connecting tab together define a recess (Nederveld; 25) between the support tab and the connecting tab (Nederveld; see Figures 1 and 6).
Allowable Subject Matter
Claims 1, 3-4, and 6-11 are allowed.
Response to Arguments
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive. Applicant contends that Nederveld fails to disclose the box maintaining its structure by the at least one attaching connection feature and the at least one receiving connection feature and without fasteners, as claimed.
-Examiner notes that Applicant has defined a fastener within Applicant’s Specification as being tape (see Applicant’s Specification Par. 0003). Examiner notes that Nederveld does not employ tape to hold the box together, therefore, Examiner respectfully maintains the rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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