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 .
DETAILED ACTION
This action is in response to applicant amendment received on 09/15/2025:
Amendments of Claims 1, 26 and 30 are acknowledged.
Claim Rejections - 35 USC § 112
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 to 7, 21 to 29, and 31 to 33 are 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:
The Claim, on the last lines, recites the limitation:
"wherein each of the produce trays in the second amount of produce trays has a same orientation in the vertical position for being arranged in the box".
The limitation is confusing. It mentions “a same orientation in the vertical position” when already the claim discloses that the second amount of produce trays are oriented in a vertical position, so it seems that the new mentioned “orientation” is something different; but at the same time reads “the box is configured to hold a second amount of produce trays in response to the produce trays being oriented in a vertical position”, so the trays in the box are all in the same orientation.
For prosecution the Examiner will consider that the trays of the second amount of produce trays are all oriented in a vertical position.
Regarding Claim 26:
The claim includes the limitation: “a plurality of inner and outer sidewalls vertically extending from the bases a first distance”. This contradicts paragraph 42 and Figures 3, 4, 5 that clearly shows outer sidewalls 20 extending a vertical distance all the way to the planar surface 40 of lip 22 different to the vertical extension of inner sidewalls 18. Actually, the vertical extension of the outer sidewalls 20 is the same as the vertical extension of the post. For prosecution it will be read as -- a plurality of inner sidewalls vertically extending from the bases a first distance--.
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 1 to 7, 21, 22, and 30 to 32 are rejected under 35 U.S.C. 103 as being unpatentable over Ramirez (US 2015/0000231) in view of Martelli (US 4333571).
Regarding Claims 1, 2, and 32
Ramirez discloses a produce tray assembly comprising:
(a) a plurality of produce trays (Figure 3, trays 10 with pears P), each produce tray comprising:
(i) a plurality of bases,
(ii) a plurality of inner and outer sidewalls extending from the bases, wherein the inner and outer sidewalls define a plurality of cavities sized and configured to receive produce (Figures 21 and 25, Cell pockets 20 will be considered the cavities formed, Bases 3d will be considered the bases, the cell pockets have fluted sidewalls 3G, the sidewalls between adjacent cavities on the same row or column will be considered inner sidewalls and the sidewalls between the cavities and the perimeter 14A will be considered outer sidewalls, wherein the plurality of cavities are arranged in a plurality of rows and a plurality of columns, wherein each of the plurality of rows has a same predetermined number of in-row cavities, wherein each of the plurality of columns has a same predetermined number of in-column cavities Figure 25 shows 4 rows of six cavities each and six columns of four cavities each), and
(iii) a lip extending from the outer sidewalls, wherein the lip includes a planar surface that surrounds the plurality of cavities (Figure 1, paragraph 0069, Disposed about the perimeter is a top peripheral surface 9, that will be considered the planar surface of the top wall 8 surrounding the array of cell pockets 20 and defining a top reference plane TRP), and (iv) a handle extending outwardly from the lip (Paragraph 0086, Figures 1, 20 and 21, hinge 40 can be considered a handle extending outwardly from the lip); and
(b) a box comprising:
(i) a first outer box portion, (ii) a second outer box portion opposite the first outer box portion, (iii) a central box portion between the first and second outer box portions, (iv) a box opening into the central portion such that the box opening extends between the first and second outer portions (Figures 3 and 11, carton 50 would be the box, bottom surface 53 would be the central portion, and four side surfaces 52 on the walls would be the first and second outer portions and the opening, not numbered, is defined by side surfaces and the bottom surface), wherein the box is configured to hold a first amount of produce trays in response to the produce trays being oriented in a horizontal position where the planar surface extends horizontally (Figures 3 and 5 show two trays disposed horizontally).
Ramirez does not disclose the produce trays being oriented in a vertical position where the planar surface extends vertically or if each handle of the plurality of produce trays in the vertical position extends vertically upward from the lip toward the box opening for accessing each handle through the box opening.
Martelli teaches a similar produce tray assembly for the packaging of fruit or like articles, comprising a plurality of produce trays having a plurality of similar cavities sized and configured to receive produce, and a box of also similar characteristics, the box is configured to hold a first amount of produce trays in response to the produce trays being oriented in a vertical position (Figure 1 show trays V, and Figure 6 shows the trays V placed inside crates C, the trays being oriented in the vertical position; Column 2, lines 29 to 37, note that a film B is applied that will lock said fruits in their respective pockets and will give the package a sufficient structural rigidity, also the box is made tall enough to allow the trays to be completely retained inside the box) and each of the produce trays has a same orientation in the vertical position for being arranged in the box (Figure 6 shows all the trays in the box has the same orientation in the vertical position
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Ramirez the teachings of Martelli and apply a film to the tray as indicated by Martelli so the trays can be placed inside a box tall enough to accommodate the trays in vertical position, as a result at least one of the handles 40 of Ramirez would be extending vertically upward from the lip toward the box opening for accessing each handle through the box opening.
If it is argued that the handles 40 of Ramirez do not extend vertically upward from the lip toward the box opening for accessing each handle through the box opening.
Martelli teaches including a handle extending from what can be considered the lip of a tray to facilitate the handling of the tray, wherein the handle extends upwardly in the vertical position toward the box opening for accessing each handle through the box opening (Figure 7, handle M would be extending towards the opening of the box as can be seen on Figure 6).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Bergeron the teachings of Martelli and include a handle extending from the lip of the tray to facilitate handling of the tray and its contents.
Neither Ramirez nor Martelli specifically teach if the box is configured to hold a second amount of produce trays in response to the produce trays being oriented in a vertical position where the planar surface extends vertically, wherein the second amount of the produce trays is greater than the first amount of produce trays; the box of Martinez would accommodate two boxes oriented in the horizontal position but none if they are in the vertical position; while the box of Martelli accommodate boxes in a vertical orientation, but not holding a particular number of trays, and none of them specifically disclose the box being able to hold a greater number of trays in one orientation or the other; but both Ramirez and Martelli indicate at least on the drawings how to estimate the size of the opening of the box to place the trays inside.
The number of trays inside a box would depend on the size and shape of the boxes and trays; as an example, using Figure 6 of Martelli:
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For a tray having dimensions H being 8 inches and W being 2.5 inches the box C can only have 3 trays oriented horizontally or vertically if the dimension of the box L is 8 inches.
For L being 10 inches then 4 trays can be placed in the box, but only 3 horizontally.
Therefore, It would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention to determine the appropriate sizes of the trays and the box so the box can hold seven or any amount trays and at the same time hold a larger number of trays if the trays are oriented vertically or horizontally, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Regarding Claim 3:
Ramirez discloses that the planar surface extends outwardly from the outer sidewalls (Figures 1 and 2, top peripheral surface 9 extends outwardly from the outer sidewalls).
Regarding Claim 4:
Ramirez discloses that the base defines a lower most surface of the produce tray in the horizontal position, wherein the planar surface defines an upper most surface of the produce tray in the horizontal position (Figures 2 and 9, Each cell pocket 20 has a center lowermost depression 3F of the cell pocket base 3D; top peripheral surface 9 of the top wall 8 surrounding the array of cell pockets 20 and defining a top reference plane TRP).
Regarding Claims 5 to 7 and 31:
Ramirez discloses each produce tray further comprises at least one post extending from at least one of the plurality of inner sidewalls in a direction away from at least one of the plurality of bases (Figure 21, shows 24 cavities not numbered sections of the tray between four adjacent cell pockets 20, where stem grooves 4' are located will be considered a post),
wherein the post includes a planar surface, wherein the planar surface of the post is coplanar with the planar surface of the lip and wherein the planar surface of the post and the planar surface of the lip collectively define an upper most surface of the produce tray in the horizontal position (Paragraph 0070, Figure 11, top peripheral surface 9 is considered the planar surface of the lip, the planar surface of the post corresponds to the upper surface 11 and is coplanar to top peripheral surface 9 and both correspond to the reference plane TRP that is the upper most surface of the produce tray in the horizontal position).
Regarding Claim 21:
As discussed for Claim 1 above, the modified invention of Ramirez discloses the invention as claimed including that each produce tray has a handle and if all the trays are placed inside the box all the handles will be inside the box regardless of the box orientation, so each handle of the plurality of produce trays in the horizontal position is in the central box portion and can be accessed through the box opening.
Regarding Claim 22:
Ramirez discloses that each of the plurality of produce trays is integrally and unitarily formed (Figure 1, trays 10 are made as a single piece).
Regarding Claim 30:
Ramirez discloses a produce tray assembly comprising:
(a) a plurality of produce trays (Figure 3, trays 10 with pears P), each produce tray comprising:
(i) a plurality of bases,
(ii) a plurality of inner and outer sidewalls extending from the bases, wherein the inner and outer sidewalls define a plurality of cavities sized and configured to receive produce (Figures 21 and 25, Cell pockets 20 will be considered the cavities formed, Bases 3d will be considered the bases, the cell pockets have fluted sidewalls 3G, the sidewalls between adjacent cavities on the same row or column will be considered inner sidewalls and the sidewalls between the cavities and the perimeter 14A will be considered outer sidewalls, wherein the plurality of cavities are arranged in a plurality of rows and a plurality of columns, wherein each of the plurality of rows has a same predetermined number of in-row cavities, wherein each of the plurality of columns has a same predetermined number of in-column cavities Figure 25 shows 4 rows of six cavities each and six columns of four cavities each), and
(iii) a lip extending from the outer sidewalls, wherein the lip includes a planar surface that surrounds the plurality of cavities (Figure 1, paragraph 0069, Disposed about the perimeter is a top peripheral surface 9, that will be considered the planar surface of the top wall 8 surrounding the array of cell pockets 20 and defining a top reference plane TRP), and (iv) a handle extending outwardly from the lip (Paragraph 0086, Figures 1, 20 and 21, hinge 40 can be considered a handle extending outwardly from the lip);
(iv) a post extending from at least one of the plurality of inner sidewalls in a direction away from at least one of the plurality of bases to a closed shape defining a planar post surface (Figure 21, shows 24 cavities not numbered sections of the tray between four adjacent cell pockets 20, where stem grooves 4' are located will be considered a post), wherein the planar post surface of the closed shape is coplanar with the planar surface of the lip (Paragraph 0070, Figure 11, top peripheral surface 9 is considered the planar surface of the lip, the planar surface of the post corresponds to the upper surface 11 and is coplanar to top peripheral surface 9 and both correspond to the reference plane TRP that is the upper most surface of the produce tray in the horizontal position), and wherein the planar post surface of the closed shape is surrounded by the cavities (Figures 2 and 21),
and
(b) a box comprising:
(i) a first outer box portion, (ii) a second outer box portion opposite the first outer box portion, (iii) a central box portion between the first and second outer box portions, (iv) a box opening into the central portion such that the box opening extends between the first and second outer portions (Figures 3 and 11, carton 50 would be the box, bottom surface 53 would be the central portion, and four side surfaces 52 on the walls would be the first and second outer portions and the opening, not numbered, is defined by side surfaces and the bottom surface), wherein the box is configured to hold a first amount of produce trays in response to the produce trays being oriented in a horizontal position where the planar surface extends horizontally (Figures 3 and 5 show two trays disposed horizontally).
Ramirez does not disclose the produce trays being oriented in a vertical position where the planar surface extends vertically or if each handle of the plurality of produce trays in the vertical position extends vertically upward from the lip toward the box opening for accessing each handle through the box opening.
Martelli teaches a similar produce tray assembly for the packaging of fruit or like articles, comprising a plurality of produce trays having a plurality of similar cavities sized and configured to receive produce, and a box of also similar characteristics, the box is configured to hold a first amount of produce trays in response to the produce trays being oriented in a vertical position (Figure 1 show trays V, and Figure 6 shows the trays V placed inside crates C, the trays being oriented in the vertical position; Column 2, lines 29 to 37, note that a film B is applied that will lock said fruits in their respective pockets and will give the package a sufficient structural rigidity, also the box is made tall enough to allow the trays to be completely retained inside the box) and each of the produce trays has a same orientation in the vertical position for being arranged in the box (Figure 6 shows all the trays in the box has the same orientation in the vertical position
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Ramirez the teachings of Martelli and apply a film to the tray as indicated by Martelli so the trays can be placed inside a box tall enough to accommodate the trays in vertical position, as a result at least one of the handles 40 of Ramirez would be extending vertically upward from the lip toward the box opening for accessing each handle through the box opening.
If it is argued that the handles 40 of Ramirez do not extend vertically upward from the lip toward the box opening for accessing each handle through the box opening.
Martelli teaches including a handle extending from what can be considered the lip of a tray to facilitate the handling of the tray, wherein the handle extends upwardly in the vertical position toward the box opening for accessing each handle through the box opening (Figure 7, handle M would be extending towards the opening of the box as can be seen on Figure 6).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Bergeron the teachings of Martelli and include a handle extending from the lip of the tray to facilitate handling of the tray and its contents.
Neither Ramirez nor Martelli specifically teach if the box is configured to hold a second amount of produce trays in response to the produce trays being oriented in a vertical position where the planar surface extends vertically, wherein the second amount of the produce trays is greater than the first amount of produce trays; the box of Martinez would accommodate two boxes oriented in the horizontal position but none if they are in the vertical position; while the box of Martelli accommodate boxes in a vertical orientation, but not holding a particular number of trays, and none of them specifically disclose the box being able to hold a greater number of trays in one orientation or the other; but both Ramirez and Martelli indicate at least on the drawings how to estimate the size of the opening of the box to place the trays inside.
The number of trays inside a box would depend on the size and shape of the boxes and trays; as an example, using Figure 6 of Martelli:
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For a tray having dimensions H being 8 inches and W being 2.5 inches the box C can only have 3 trays oriented horizontally or vertically if the dimension of the box L is 8 inches.
For L being 10 inches then 4 trays can be placed in the box, but only 3 horizontally.
Therefore, It would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention to determine the appropriate sizes of the trays and the box so the box can hold seven or any amount trays and at the same time hold a larger number of trays if the trays are oriented vertically or horizontally, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Claims 23 to 29 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Ramirez (US 2015/0000231) in view of Martelli (US 4333571) as applied to claim 1 above, and further in view of Sandmeyer (US 2893550).
Regarding Claims 23, 24 and 25.
As discussed for Claim 1 above, the modified invention of Ramirez discloses the invention as claimed, including the produce trays comprising a handle and in particular Ramirez, on Figures 18 to 20 show the handle 40 being pivoted relative to the lip from an extended position on Figure 18 toward a folded position on Figure 19 and can be considered as biased towards the extended position.
If the handle of Ramirez is argued and it is considered that the modified invention of Ramirez does not disclose the handle configured to pivot relative to the lip from an extended position toward a folded position, the handle biased toward the extended position or each of the handles respectively has an aperture extending therethrough.
Sandmeyer teaches a similar plurality of trays being placed in a vertical orientation inside a box (Figure 10, box 31 with trays 15 and 16 on vertical orientations) including a handle configured to pivot relative to the lip from an extended position toward a folded position, the handle biased toward the extended position or each of the handles respectively has an aperture extending therethrough (Figures 2 to 10 show handles 18, pivotable relative to the edge of the package, that will be considered a lip, and including a not numbered aperture; the normal position of the handle is shown on Figures 10 and 2, but Paragraph 34 reads “26, 27 and 29 are folded against the handles 18, Figure 2, the latter will be folded down or inwardly, and will serve somewhat to cushion the individual packages 15 and 16 under the closed flaps of the container, as should be obvious” so the handles are configured to be folded but biased in the extended position so they can cushion the trays against the flaps of the box).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Ramirez the teachings of Sandmeyer and make the handles pivotable but biased toward the extended position so they so they can be placed inside the box and at the same time operate as cushion of the trays against the box.
Regarding Claims 26 to 29 and 33:
Ramirez discloses a produce tray assembly comprising:
(a) a plurality of produce trays (Figure 3, trays 10 with pears P that can be considered as integrally and unitarily formed), each produce tray comprising:
(i) a plurality of bases,
(ii) a plurality of inner sidewalls vertically extending from the bases a first distance (See rejection 112b), wherein the inner and outer sidewalls define a plurality of cavities sized and configured to receive produce (Figures 21 and 25, the 24 Cell pockets 20 will be considered the cavities formed, Bases 3d will be considered the bases, the cell pockets have fluted sidewalls 3G, the curved at the top sections of sidewalls 3G indicated with the arrow between adjacent cavities on the same row or column will be considered inner sidewalls and the first distance would be measured there
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and the sidewalls between the cavities and the perimeter 14A on Figure 25 will be considered outer sidewalls, wherein the plurality of cavities are arranged in a plurality of rows and a plurality of columns, wherein each of the plurality of rows has a same predetermined number of in-row cavities, wherein each of the plurality of columns has a same predetermined number of in-column cavities Figure 25 shows 4 rows of six cavities each and six columns of four cavities each),
(iii) a post positioned at a convergence of four adjacent inner sidewalls such that the post is centrally positioned adjacent to and between the at least four cavities arranged in the plurality of rows and the plurality of columns (Figure 21, not numbered sections of the tray between four adjacent cell pockets 20, where stem grooves 4' are located will be considered a post, Figure 11, with a planar surface coplanar with the planar surface 9, corresponding to the top reference plane TRP),
wherein the post vertically projects from the bases a second distance, wherein the second distance of the post is greater than the first distance of the inner sidewalls such that the post is vertically larger than the four adjacent inner sidewalls (The arrow represents the post where the second distance, clearly vertically larger than the first distance, is measured),
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(iv) a lip extending from the outer sidewalls, wherein the lip includes a planar surface that surrounds the plurality of cavities (Figure 1, paragraph 0069, Disposed about the perimeter is a top peripheral surface 9, that will be considered the planar surface of the top wall 8 surrounding the array of cell pockets 20 and defining a top reference plane TRP), and
(v) a handle extending outwardly from the lip (Paragraph 0086, Figures 1, 20 and 21, hinge 40 can be considered a handle extending outwardly from the lip); and
(b) a box comprising:
(i) a first outer box portion, (ii) a second outer box portion opposite the first outer box portion, (iii) a central box portion between the first and second outer box portions, (iv) a box opening into the central portion such that the box opening extends between the first and second outer portions (Figures 3 and 11, carton 50 would be the box, bottom surface 53 would be the central portion, and four side surfaces 52 on the walls would be the first and second outer portions and the opening, not numbered, is defined by side surfaces and the bottom surface), wherein the box is configured to hold a first amount of produce trays in response to the produce trays being oriented in a horizontal position where the planar surface extends horizontally (Figures 3 and 5 show two trays disposed horizontally).
Ramirez does not disclose the produce trays being oriented in a vertical position where the planar surface extends vertically or if each handle of the plurality of produce trays in the vertical position extends vertically upward from the lip toward the box opening for accessing each handle through the box opening.
Martelli teaches a similar produce tray assembly for the packaging of fruit or like articles, comprising a plurality of produce trays having a plurality of similar cavities sized and configured to receive produce, and a box of also similar characteristics, the box is configured to hold a first amount of produce trays in response to the produce trays being oriented in a vertical position (Figure 1 show trays V, and Figure 6 shows the trays V placed inside crates C, the trays being oriented in the vertical position; Column 2, lines 29 to 37, note that a film B is applied that will lock said fruits in their respective pockets and will give the package a sufficient structural rigidity, also the box is made tall enough to allow the trays to be completely retained inside the box).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Ramirez the teachings of Martelli and apply a film to the tray as indicated by Martelli so the trays can be placed inside a box tall enough to accommodate the trays in vertical position, as a result at least one of the handles 40 of Ramirez would be extending vertically upward from the lip toward the box opening for accessing each handle through the box opening.
If it is argued that the handles 40 of Ramirez do not extend vertically upward from the lip toward the box opening for accessing each handle through the box opening.
Martelli teaches including a handle extending from what can be considered the lip of a tray to facilitate the handling of the tray, wherein the handle extends upwardly in the vertical position toward the box opening for accessing each handle through the box opening (Figure 7, handle M would be extending towards the opening of the box as can be seen on Figure 6).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Bergeron the teachings of Martelli and include a handle extending from the lip of the tray to facilitate handling of the tray and its contents.
Neither Ramirez nor Martelli specifically teach if the box is configured to hold a second amount of produce trays in response to the produce trays being oriented in a vertical position where the planar surface extends vertically, wherein the second amount of the produce trays is greater than the first amount of produce trays; the box of Martinez would accommodate two boxes oriented in the horizontal position but none if they are in the vertical position; while the box of Martelli accommodate boxes in a vertical orientation, but not holding a particular number of trays, and none of them specifically disclose the box being able to hold a greater number of trays in one orientation or the other; but both Ramirez and Martelli indicate at least on the drawings how to estimate the size of the opening of the box to place the trays inside.
The amount of trays inside a box would depend on the size and shape of the boxes and trays; therefore, It would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention to determine the appropriate sizes of the trays and the box so the box can hold seven or any amount trays and at the same time hold a larger number of trays if the trays are oriented vertically or horizontally, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (For Figures please refer to the same rejection made for Claims 1 and 30).
As discussed above, Ramirez discloses the invention as claimed, including the produce trays comprising a handle and, on Figures 18 to 20 show the handle 40 being pivoted relative to the lip from an extended position on Figure 18 toward a folded position on Figure 19 and can be considered as biased towards the extended position.
If the handle of Ramirez is argued and it is considered that the modified invention of Ramirez does not disclose the handle configured to pivot relative to the lip from an extended position toward a folded position, the handle biased toward the extended position or each of the handles respectively has an aperture extending therethrough.
Sandmeyer teaches a similar plurality of trays being placed in a vertical orientation inside a box (Figure 10, box 31 with trays 15 and 16 on vertical orientations) including a handle configured to pivot relative to the lip from an extended position toward a folded position, the handle biased toward the extended position or each of the handles respectively has an aperture extending therethrough (Figures 2 to 10 show handles 18, pivotable relative to the edge of the package, that will be considered a lip, and including a not numbered aperture; the normal position of the handle is shown on Figures 10 and 2, but Paragraph 34 reads “26, 27 and 29 are folded against the handles 18, Figure 2, the latter will be folded down or inwardly, and will serve somewhat to cushion the individual packages 15 and 16 under the closed flaps of the container, as should be obvious” so the handles are configured to be folded but biased in the extended position so they can cushion the trays against the flaps of the box).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Ramirez the teachings of Sandmeyer and make the handles pivotable but biased toward the extended position so they so they can be placed inside the box and at the same time operate as cushion of the trays against the box.
Response to Arguments
Applicant's arguments filed 09/15/2025 have been fully considered but they are not persuasive.
In reference to Claim 1 the Applicant argues that the trays of Ramirez to be stacked need to be rotated 180 degrees while the trays of the invention don’t need to be rotated. This is an interesting argument that would have overcome the reference Ramirez as used on the action if it had been included in the claim. The Examiner does not think it would make the claim allowable but surely the reference as used would have been overcome.
In reference to Claim 26, the claim was amended to include the limitations:
a plurality of inner and outer sidewalls vertically extending from the bases a first distance
and
wherein the post vertically projects from the bases a second distance, wherein the second distance of the post is greater than the first distance of the inner sidewalls such that the post is vertically larger than the four adjacent inner sidewalls.
A 112(b) rejection of the claim was made because the vertical extension of the outer sidewalls is disclosed as the same as the one of the post, so it would not be the claimed “first distance”.
In the rejection of the Claims annotated copies of Figure 21 of Ramirez were made to show that Ramirez actually discloses exactly the same thing.
In reference to Claim 30, the claim was amended to include the limitation:
the planar post surface of the closed shape is coplanar with the planar surface of the lip, and wherein the planar post surface of the closed shape is surrounded by the cavities.
As discussed in the rejection, paragraphs 0069 and 0070, Figures 9, 11 and 12 disclose that the posts and the planar surface of the lip are coplanar on a plane TRP and that the post is surrounded by the cavities.
As written the claims stand rejected. The Examiner proposes that an interview to discuss new amendments would most likely be beneficial for both parts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, in particular several references on the record discuss packaging trays inside boxes.
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 EDUARDO R FERRERO whose telephone number is (571)272-9946. The examiner can normally be reached M-F 9:30-7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, THANH TRUONG can be reached at 571-272-4472. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDUARDO R FERRERO/Examiner, Art Unit 3731
/ROBERT F LONG/Primary Examiner, Art Unit 3731