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 16 is objected to because of the following informalities: Claim 16 depends upon a canceled claim. 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.
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, 7, 9, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Graser (US 4469222 A).
Regarding claims 1, 9, and 19-20, Graser discloses a two-piece beverage carrier and blanks for making comprising a body configured to form an interior space, the body including at least a side wall (16/18) and a bottom (20); and a divider handle (14) configured to attach to the body (Col 3 lines 5-20), the divider handle forming a handle (64/66) and at least one divider configured to divide the interior space into at least two compartments (see Figures 1-2), wherein the divider handle comprises one or more moveable partition panels foldably connected to a main portion of the divider handle (106/108/110), and configured to move relative to the main portion of the divider handle via its foldable connection thereto and to selectively further divide the interior space into one or more additional compartments (see Figures 1-2 and 4). Examiner considers the term “selectively further divide” to mean that one may choose any of the six created compartments to use to hold a particular article.
Regarding claim 7, Graser discloses a carrier wherein the divider handle is
configured to be fixed relative to the body, wherein the body comprises a plurality of
attachment apertures (30/32), and wherein the divider handle comprises a plurality of
attachments (46/48) configured to insert into the attachment apertures to fix the divider handle to the body and to allow the body to be lifted by the divider handle (Col 3 lines 5-40).
Allowable Subject Matter
Claims 2, 4-5, and 10-11 are allowed.
Claims 21-26, 28-29, and 31 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 filed 01/26/2026 have been fully considered but they are not persuasive. Applicant argues that Graser does not read on the amended claims 1 and 20 because Graser does not disclose or teach partition panels that “selectively further divide the interior space into one or more additional compartments”, as now claimed.
-Examiner respectfully disagrees and interprets the new claim limitation to mean that one may selectively choose any of the created compartments to use to hold a particular article. Graser discloses six separate compartments to select from.
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