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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-4, 8-9, 12, 15-16, 95 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1, there is no support in the original disclosure for at least one end panel having a peripheral edge free of the registration edge and linear notional line disposed to be tangential to at least one point on the registration edge and thus it constitutes new matter. In particular, the disclosure is silent regarding a peripheral edge being free of the registration edge as well as any line being tangential.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-4, 8-9, 12, 15-16, 95 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, due to the lack of written disclosure, it is unclear how an end panel would have a peripheral edge free of the registration edge if all the panels are connected together.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-4, 8-9, 12, 15-16, 95 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2023/0382619 to Ford.
Regarding claim 1, Ford discloses an article engaging carrier (Fig 4) for packaging at least one article (C), the carrier comprising a main panel (117) having at least one article retention structure (135, 137) for engaging an article, wherein the at least one article retention structure comprises an opening (134) defined in part by an aperture formed on the main panel, the carrier comprising at least one side panel (119) hingedly connected to the main panel (117) (at 121), wherein the at least one side panel (119) having a peripheral edge, a portion of which provides at least one registration edge (RE) defined by a cutaway or recess and that has a shape that can inhibit movement in two orthogonal directions when engaged by a reference device of a packaging apparatus since it has the structure as recited and depending on the structure of the reference device, at least one end panel (131) hingedly connected to the main panel (at 133), wherein the at least one end panel (131) having a peripheral edge (A, Fig 1 below) free of the registration edge (RE) since they are not directly in contact, wherein a linear notional line (L, Fig 1 below) passes through the at least one registration edge (RE) and is disposed to be tangential to at least one point on the registration edge in the at least one side panel (119) and through the opening (135) in the main panel (117).
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Regarding claim 3, Ford further discloses wherein at least one registration edge (RE, Fig 1 above) is provided by a peripheral edge portion of the side panel (119).
Regarding claim 4, Ford further discloses registration edge comprises a leading registration edge (RE) and a trailing registration edge (TE) (Fig 1 above).
Regarding claim 8, Ford further discloses a pair of opposing side panels (119, 123) each hingedly connected to the main panel (117) by a hinged connection (at 121) and comprising at least one registration edge (RE, TE, Fig 1 above).
Regarding claim 9, Ford further discloses registration edge comprises a leading registration edge (RE) and a trailing registration edge TE) (Fig 1 above).
Regarding claim 12, Ford further discloses a pair of opposing end panels (127, 131) each hingedly connected to the main panel (117) by a hinged connection (129, 133).
Regarding claim 15, Ford further discloses wherein the at least one side panel comprises a pair of panels (147) each having a registration edge (RE), the linear notional line (L) passing through the registration edge in each of the pair of panels (147) passes through an opening (134) in the main panel (117) defined by the at least one retention structure.
Regarding claim 16, Ford further discloses wherein the main panel (117) comprises at least one stabilization device (140) providing an opening in the main panel (117) and configured to inhibit movement in two orthogonal directions since it has the structure as recited.
Regarding claim 95, Ford further discloses at least one retention structure (135, 137) comprising a plurality of teeth (137) disposed about the aperture (135) and the linear notional line (L, Fig 1 below) intersects at least one tooth (137) among the plurality of teeth (Fig 1 below).
Response to Arguments
Applicant's arguments filed 1/8/ have been fully considered but they are not persuasive. Initially, it is noted that applicant does not argue the rejection of the dependent claims. Applicant argues that Fig 1 shows support for the end panel with a peripheral edge free of the registration edge. However, Fig 1 shows the peripheral edge as marked by applicant connected to registration edge and thus contrary to applicant’s assertion, it does not show it free of the registration edge. Applicant further argues that Ford does not teach a registration edge defining a cutaway or recess. This is not persuasive because as shown in Fig 1, Ford discloses panels (147) having edges that are curved and can be defined by a cutaway or recess since it has the structure as recited. Applicant further argues that notional line L of Ford intersects the edge perpendicular and thus cannot be disposed tangentially to any point on the registration edge. Assuming arguendo that applicant has support for such a limitation, this is not persuasive because as shown in the marked Fig 1 above, a notional line L is disposed tangentially to a point on the registration edge while also going through an opening on the main panel.
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 ROBERT POON whose telephone number is (571)270-7425. The examiner can normally be reached Monday thru Friday, 8:30 am to 6:00 pm.
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/ROBERT POON/Examiner, Art Unit 3735