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 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 1-4, 6-13 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 scope of the claims is unclear as to whether applicant is claiming the combination of the packing assembly and the thermo pack or whether applicant is claiming the subcombination of the packing assembly capable of functioning with a thermos pack. For purposes of examination, claims will be treated as directed towards the subcombination; however, clarification of the scope of the claims 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.
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) 1-4, 6-13, as best understood, is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 2021/0139215 to Gilligan et al. (Gilligan).
Regarding claim 1, Gilligan discloses a beverage container packing assembly (Fig 1) comprising a bottom tray (200), comprising one or more first support columns (204) and defining a plurality of first compartments (202), wherein each of the first compartments are configured to receive a first portion of a beverage container therein, a center support (106), defining a plurality of through holes and comprising a first thermos pack accommodating space (between first and second row or first and second column of through holes, €0005) configured to receive at least a portion of a thermos pack therein, wherein each of the plurality of through holes is configured to receive a second portion of a beverage container (abstract), a top tray (104, 1400) defining a plurality of second compartments (1406), wherein each of the second compartments are configured to receive a third portion of a beverage container therein, wherein the top tray is configured to accommodate the thermo pack between a first row of second compartments and a second row of second compartments (abstract) since it has the structure as recited, wherein the top tray (1400) includes at least one second thermo pack accommodating space (A, Fig 14 below) comprising a plurality of vertical posts (1402, 1404) forming a boundary of the second thermo pack accommodating space, the second thermo pack accommodating space being configured to receive a portion of a thermos pack as recited since it has the structure as recited, wherein the first and second thermos pack accommodating space are positioned relative to one another such that when the top tray is placed on center support, a thermos pack can be at least partially received within both accommodating depending on the dimensions and orientation of the thermopack. In particular, Gilligan discloses space between vertical posts that can serve as accommodating space. Furthermore, the first and second thermos pack accommodating space correspond in one or more of size, location, and orientation in that both accommodating spaces are located within the outer perimeter of the top tray and center support and oriented upwards.
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Regarding claim 2, Gilligan discloses top tray configured to accommodate the thermo pack such that the pack extends between a plurality of beverage containers installed in the first row and plurality of beverage containers installed in second row (abstract) since it has the structure as recited.
Regarding claim 3, Gilligan further discloses both thermo pack accommodating space comprising a surface to accommodate thermo pack (Fig 14).
Regarding claim 4, Gilligan further discloses top tray comprising the second thermo pack accommodating space that can house a thermo pack between first and second row of second compartments (Fig 14).
Regarding claim 6, Gilligan further discloses the plurality of vertical posts (1402, 1404) configured to contact thermo pack since it has the structure as recited.
Regarding claim 7, as best understood, Gilligan further discloses plurality of vertical posts capable of contacting a thermo pack as recited since it has the structure as recited.
Regarding claim 8, Gilligan further discloses a thermo pack capable of being installed in the accommodating space as recited since Gilligan discloses the top tray having the structure as recited.
Regarding claim 9, Gilligan further discloses packing assembly configured so that bottom tray (200), center support (106), and top tray (104) are configured to be disposed in a shipping container (€0009).
Regarding claim 10, Gilligan further discloses the bottom tray (200), center support (106), top tray (104) capable of extending to inner surface of the shipping container (Figs 21-22) since it has structure as recited.
Regarding claim 11, Gilligan further discloses bottom tray (200), center support (106), top tray (104) comprise molded paper pulp (€0010).
Regarding claim 12, Gilligan further discloses bottom tray (200), center support (106), top tray (104) comprise a water-resistant coating (€0010).
Regarding claim 13, Gilligan further discloses center support (106) defines a through hole corresponding to first compartments (202) (abstract).
Claim(s) 1, as best understood, is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 2019/0100347 to Carrier et al. (Carrier).
Regarding claim 1, Carrier discloses a beverage container packing assembly (Fig 1) comprising a bottom tray (100), comprising one or more first support columns (140) and defining a plurality of first compartments (110), wherein each of the first compartments are configured to receive a first portion of a beverage container therein, a center support (200), defining a plurality of through holes (210) and comprising a first thermos pack accoomodating space (230) configured to receive a thermo pack in a first thermos pack, wherein each of the plurality of through holes (210) is configured to receive a second portion of a beverage container (400, Fig 8), a top tray (300) defining a plurality of second compartments (310), wherein each of the second compartments are configured to receive a third portion of a beverage container (400) therein (Fig 8), wherein the top tray (300) is configured to accommodate the thermo pack between a first row of second compartments and a second row of second compartments (Figs 8-9) since it has the structure as recited, wherein the top tray (300) includes at least a second thermo pack accommodating space (A, Fig 10 below) comprising a plurality of vertical posts (B) forming a boundary of the thermo pack accommodating space, the second thermos pack accommodating space capable of receiving a portion of a thermos pack, wherein the first and second thermos pack accommodating space are positioned relative to one another such that when the top tray is placed on center support, a thermos pack can be at least partially received within both accommodating depending on the dimensions and orientation of the thermos pack. In particular, Carrier discloses space between vertical posts that can serve as accommodating space. Furthermore, the first and second thermos pack accommodating space correspond in one or more of size, location, and orientation in that both accommodating spaces are located within the outer perimeter of the top tray and center support and oriented upwards.
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Claim(s) 1, as best understood, is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 2012/0037529 to Hall.
Regarding claim 1, Hall discloses a beverage container packing assembly (Fig 1) comprising a bottom tray (102), comprising one or more first support columns (130) and defining a plurality of first compartments (116), wherein each of the first compartments (116) are configured to receive a first portion of a beverage container therein, a center support (106), defining a plurality of through holes (114) and comprising a first thermos pack accommodating space (114 center) configured to receive a portion of a thermos pack, wherein each of the plurality of through holes is configured to receive a second portion of a beverage container (108, Fig 3), a top tray (104) defining a plurality of second compartments (158), wherein each of the second compartments are configured to receive a third portion of a beverage container (108) therein (Fig 1), wherein the top tray (104) is configured to accommodate the thermo pack between a first row of second compartments and a second row of second compartments (Fig 1) since it has the structure as recited, wherein the top tray (104) includes at least a second thermo pack accommodating space (A, Fig 7 below) comprising a plurality of vertical posts (170) forming a boundary of the thermo pack accommodating space, the second thermo pack accommodating space configured to receive a portion of a thermos pack therein, wherein the first and second thermos pack accommodating space are positioned relative to one another such that when the top tray is placed on center support, a thermo pack can be at least partially received within both accommodating depending on the dimensions and orientation of the thermos pack. In particular, Hall discloses space between vertical posts that can serve as accommodating space. Furthermore, the first and second thermos pack accommodating space correspond in one or more of size, location, and orientation in that both accommodating spaces are located within the outer perimeter of the top tray and center support and oriented upwards.
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Response to Arguments
Applicant's arguments filed 4/30/2026 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 none of the prior art teach an accommodating space in both center support and top tray positioned relative to one another such that a thermo pack is at least partially received within both spaces. This is not persuasive because so long as prior art has the structure of first and second accommodating spaces, then they would be capable of functioning with a thermo pack as recited depending on the shape, dimensions, positioning and orientation of the thermo pack to be used with the packaging.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT POON/ Examiner, Art Unit 3735
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