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 .
Final Rejection
Final rejection given 06/17/2026 has been withdrawn in view of Pre-Brief Appeal and new updated rejection is given below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an outer end panel at least partially severably connected to the top panel;an inner end panel hingedly connected to the outer end panel and disposed in an overlapping position with the outer end panel; anda bridge-engaging feature in engagement with the bridging portion of the first segment,wherein the bridge-engaging feature is provided at least by the inner end panel and the outer end panel such that at least part of the bridging portion is disposed between, and in face-contacting arrangement with, the inner end panel and the outer end panel” in claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-3, 5-6 and 8-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DePaula (US 9359093 B2).
Regarding claim 1, DePaula teaches an article carrier for engaging at least one article, the carrier comprising (fig.7 shows the article carrier capable of engaging at least one article): a top panel having at least one article-engaging feature comprising an opening defined in part by an aperture for receiving an article (fig.2 shows the top panel 11 with the engaging feature at 27 creating openings for receiving article as seen in fig.7 ); a pair of side panels hingedly connected the top panel (fig.2 shows the side panels 17 and 21); and a pair of end panels, each of the pair of end panels bridges between the side panels (fig.2 shows the end panels 15 and 13 bridges between the side panels), wherein at least one of the end panels is at least partially connected to the top panel along a severance line so as to be detachable therefrom(fig.1A shows the severance line 14 that is connected to the top panel 11 and since the fold lines 11 can be cuts or perforations the end panel can be severed from the top panel as there is space between the top panel and the end panels).
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaul further teaches wherein the severance line extends entirely along an end edge of the top panel so that the at least one end panel is fully separable from the top panel via the severance line (fig.1 shows the lines 14 extends along end edge of the top panels so that at the end panel being served from the top panel 11 as the line 14,16,19,23 are cuts or perforations).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaul further teaches wherein the severance line extends partially along an end edge of the top panel so that the at least one end panel is partially separable from the top panel (fig.1 shows the lines 14 extends along end edge of the top panels and it is partially along an end edge and will be partially sparable depending on how much of the cuts and perforations are separated).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaul further teaches wherein the severance line comprises at least one line segment which includes a slit passing through a midpoint of the end edge of the top panel (fig.1 shows lines 14 is a ling segments made of plurality of slits that pass thought a midpoint of the end panel edge of the top panel 11).
Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaul further teaches wherein each of the side panels is secured at one of its ends to the at least one end panel (fig.1 shows the side panels is secures at one of its ends to the at least one end panel).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaul further teaches wherein the top panel comprises at least two bevelled corners, and the end edge of top panel extends between the bevelled corners (fig.1 shows the corners 143 that are end edges of the top panel 11 that are beveled ).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaul further teaches wherein the severance line forms a hinged connection between the at least one of the end panels and the top panel, the hinged connection being severable to facilitate deployment of a carrying handle formed in part by the at least one of the end panels (fig.1 shows the severance line 14 that forms a hinged connection with the top panels as it is being broken and the hinged connection will be severed when the handle is formed because the line 14 are cuts or perforations).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaul further teaches wherein the severance line forms a hinged connection between the at least one of the end panels and the top panel, the hinged connection being severed upon deployment of a carrying handle formed in part by the at least one of the end panels (fig.1 shows the severance line 14,16,19,23 that forms a hinged connection with the top panels as it is being broken and the hinged connection will be severed when the handle is formed because the line 14 are cuts or perforations).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaul further teaches wherein the severance line forms a hinged connection between the at least one of the end panels and the top panel, the hinged connection being severable in consequence of deployment of a carrying handle formed in part by the at least one of the end panels (fig.1 shows the severance line 14,16,19,23 that forms a hinged connection with the top panels as it is being broken and the hinged connection will be severed when the handle is formed because the line 14 are cuts or perforations).
Regarding claim 12, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaula further teaches wherein the article carrier further comprises a bundling structure for encircling the at least one article, the bundling structure comprises a first segment and a second segment (fig.1 shows the first and second segments i.e. the corners of the article carrier the sides),
the first segment includes:
a first side panel hingedly connected to the top panel (fig.1 shwos the first side panel 115 hingedly connected to the top panel 11); and
a bridging portion hingedly connected to the first side panel (fig.1 shows the bridge portion 143 that hingedly connected the first side panel 115),
wherein the second segment includes:
an outer end panel at least partially severably connected to the top panel (fig.1 shows the outer end panel 117 that paretially severbaly connected to top panel 11 since 19 is cur or preformation line );
an inner end panel hingedly connected to the outer end panel and disposed in an overlapping position with the outer end panel (fig.1 shows the inner end portion 143 that tis connected to the outer panel and disposed in an overlapping position see fig.7); and
a bridge-engaging feature in engagement with the bridging portion of the first segment (fig.1 shows the panel 125 in engagement with the bridge portion 143 of the first segment ),
wherein the bridge-engaging feature is provided at least by the inner end panel and the outer end panel such that at least part of the bridging portion is disposed between, and in face-contacting arrangement with, the inner end panel and the outer end panel (see fig.1 and fig.7 where the panel 125 is at provided by inner end portion 143 and outer panel 117 such that bridging portion 143 is disposed between and in face0contacting arrangement with inner end panel and outer end panel depending on how user folds the carrier).
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaula further teaches wherein the article carrier further comprises a bundling structure for encircling the at least one article, the bundling structure comprises a first segment and a second segment, the first segment includes (fig.2 shows a building structure made of the side panels 17 and 21 on each side one side being first segment and one side being second segment ): a first side panel hingedly connected to the top panel (fig.2 shows the 1st side panel 17 connected to the top panel); and a bridging portion hingedly connected to the first side panel (fig.2 above shows the bridging portion 139 connected to the first side panel 17), wherein the second segment includes: an end panel at least partially severably connected to the top panel (fig.2 shows the panel 21 severably connected to the top panel 11); wherein the bridging portion of the first segment is secured to the end panel in face-contacting arrangement therewith (fig.2 above shows the bridging portion 139 connected to the first side panel 17).
Regarding claim 14, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaula further teaches a bundling structure for encircling the at least one article, the bundling structure comprises a first segment and a second segment (fig.2 shows a building structure made of the side panels 17 and 21 on each side one side being first segment and one side being second segment ), the first segment includes: a first end panel at least partially severably connected to the top panel (fig.2 shows the 1st side panel 17 connected to the top panel that is severably connected as the fold line can be cuts); and a bridging portion hingedly connected to the first end panel (fig.2 above shows the bridging portion 139 connected to the first side panel 17), wherein the second segment includes: a side panel hingedly connected to the top panel (fig. 2 show the side panel 21 connected to the top panel); wherein the bridging portion of the first segment is secured to the side panel in face-contacting arrangement therewith (fig.2 above shows the bridging portion 139 connected to the first side panel 17).
Regarding claim 15, DePaula teaches a package comprising a top-engaging carrier and at least one article, the carrier comprising (fig.2 shows the carrier 5): a top panel having at least one article-engaging feature retaining a respective article; wherein the article-engaging feature comprises an opening defined in part by an aperture for receiving an article (fig.2 shows the top panel 11 with engaging feature 27 with openings that are to engage an article); a pair of side panels hingedly connected the top panel (fig.2 shows the side panels 17 and 21); and a pair of end panels, each of the pair of end panels bridges between the side panels (fig.1 shows the pables 15 and 13 that are bridges between the end panels), wherein at least one of the end panels is at least partially connected to the top panel along a severance line so as to be detachable therefrom (fig.3 shows the severance line 14,16,19,23 that connected to the top panel 11 that is capable of being severed as they can be cuts or perforations ) and wherein the at least one of the end panels forms part of a carrying handle and the severance line comprises at least one frangible connection element, the at least one frangible connection element being intact prior to initial use of the carrying handle (fig.2 and 3 shows the end panels 17 and 21 that include the lines 19 and 23 that can be cuts or perforations i.e. frangible connection and being intact prior to initial breaking and creating a carrying handle).
Regarding claim 16, DePaula teaches a blank for forming a top-engaging carrier, the blank comprising (fig.1 shows the blank 5): a top panel having at least one article-engaging feature comprising an opening defined in part by an aperture for receiving article (fig.1 shows the top panel 11 with engaging feature 27 with openings that are to engage an article); a pair of side panels hingedly connected the top panel (fig.1 shows the panels 17 and 21); and a pair of end panels, each of the pair of end panels bridges between the side panels (fig.1 shows the panels 13 and 15 ), wherein at least one of the end panels is at least partially detachably connected to the top panel along a severance line such that the severance line remains unbroken upon formation of the top-engaging carrier (fig.1 shows the panels are connected with fold lines 14, 16, 19, 23 that define the top panel 11 comprises spaced apart cuts or perforations so they can be severance lines and remain unbroken until formation and broken after).
Regarding claim 17, the references as applied to claim 1 above discloses all the limitations substantially claimed. DePaula further teaches wherein the at least one article-engaging feature comprises a plurality of tabs disposed about the aperture, wherein the tabs are hingedly connected to the top panel (fig.1 shows the feature 27 made of plurality of tabs 47 that are disposed about the opening 51 and tabs are hinged).
Regarding claim 18, the references as applied to claim 17 above discloses all the limitations substantially claimed. DePaula further teaches wherein each of the plurality of tabs comprises an engaging edge defined by a portion of a cut line defining the aperture (fig.1A show the aperture forming when the tabs engaging edges are cut at cuts 63 and 65).
Regarding claim 19, the references as applied to claim 16 above discloses all the limitations substantially claimed DePaula further teaches wherein the at least one article-engaging feature comprises a plurality of tabs disposed about the aperture, wherein the tabs are hingedly connected to the top panel (fig.1 shows the feature 27 made of plurality of tabs 47 that are disposed about the opening 51 and tabs are hinged).
Regarding claim 20, the references as applied to claim 19 above discloses all the limitations substantially claimed. DePaula further teaches wherein each of the plurality of tabs comprises an engaging edge defined by a portion of a cut line defining the aperture (fig.1A show the aperture forming when the tabs engaging edges are cut at cuts 63 and 65).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-3,5-6,8-11 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gonzalez (US 20110000799 A1) and further in view of DePaula (US 9359093 B2)
Regarding claim 1, Gonzalez teaches an article carrier for engaging at least one article, the carrier comprising (fig.2 shows the article carrier 5 capable of engaging at least one article): a top panel having at least one article-engaging feature comprising an opening defined in part by an aperture for receiving an article (fig.1 below shows the top panel with the engaging feature at 41 creating openings 7); a pair of side panels hingedly connected the top panel (see annotated fig.1 below); and a pair of end panels, each of the pair of end panels bridges between the side panels (see annotated fig.1 below). Gonzalez does not teach wherein at least one of the end panels is at least partially connected to the top panel along a severance line so as to be detachable therefrom.
DePaula does teach wherein at least one of the end panels is at least partially connected to the top panel along a severance line so as to be detachable therefrom (fig.1 shows the carrier with the top panels and the end panels 125 and 11 are connected with fold lines 14, 16, 19, 23 that can be cuts or perforations i.e. the panels are connected along severance line and detachable therefrom ). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the end panels and top panels disclosed by Gonzalez by adding the teaching of fold lines being cuts or perforations as disclosed by DePaula in order to have the end panels separate when the carrier in article form and user can use the cuts/perforations to turn ends panels as handles making it easier to carry the articles. “A first side panel 17 is foldably connected to the top panel 10 at a longitudinal fold line 19, and a second side panel 21 is foldably connected to the top panel 10 at a longitudinal fold line 23. In the illustrated embodiment, the fold lines 14, 16, 19, 23 that define the top panel 11 comprises spaced apart cuts or perforations, but the fold lines could comprise other forms or lines of weakening (e.g., score lines that do not penetrate the thickness of the blank 5) without departing from the disclosure.” (Col.3 lines 16-25 DePaula )
Annotated fig.1 of Gonzalez
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 above further teaches wherein the severance line extends entirely along an end edge of the top panel so that the at least one end panel is fully separable from the top panel via the severance line (fig.1 shows the lines 14 extends along end edge of the top panels so that at the end panel being served from the top panel).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 above further teaches wherein the severance line extends partially along an end edge of the top panel so that the at least one end panel is partially separable from the top panel (fig.1 shows the lines 14 extends along end edge of the top panels and it is partially along an end edge and will be partially sparable depending on how much of the cuts and perforations are separated).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 further teaches wherein the severance line comprises at least one line segment which includes a slit passing through a midpoint of the end edge of the top panel (fig.1 shows lines 14 is a ling segments made of plurality of slits that pass thought a midpoint of the end panel edge of the top panel 11).
Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 above further teaches wherein each of the side panels is secured at one of its ends to the at least one end panel (see annotated fig.1 above).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 above further teaches wherein the top panel comprises at least two bevelled corners, and the end edge of top panel extends between the bevelled corners (see annotated fig.1 above for the two corners on each side at the end edge).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 above further teaches wherein the severance line forms a hinged connection between the at least one of the end panels and the top panel, the hinged connection being severable to facilitate deployment of a carrying handle formed in part by the at least one of the end panels (fig.1 shows the severance line 14 that forms a hinged connection with the top panels as it is being broken and the hinged connection will be severed when the handle is formed because the line 14 are cuts or perforations).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 above further teaches wherein the severance line forms a hinged connection between the at least one of the end panels and the top panel, the hinged connection being severed upon deployment of a carrying handle formed in part by the at least one of the end panels (fig.1 shows the severance line 14,16,19,23 that forms a hinged connection with the top panels as it is being broken and the hinged connection will be severed when the handle is formed because the line 14 are cuts or perforations).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 above further teaches wherein the severance line forms a hinged connection between the at least one of the end panels and the top panel, the hinged connection being severable in consequence of deployment of a carrying handle formed in part by the at least one of the end panels (fig.1 shows the severance line 14,16,19,23 that forms a hinged connection with the top panels as it is being broken and the hinged connection will be severed when the handle is formed because the line 14 are cuts or perforations).
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 above further teaches wherein the article carrier further comprises a bundling structure for encircling the at least one article, the bundling structure comprises a first segment and a second segment, the first segment includes (fig.1 above shows a building structure made of the side panels on each side one side being first segment and one side being second segment ): a first side panel hingedly connected to the top panel (fig.1 above shows the 1st side panel connected to the top panel); and a bridging portion hingedly connected to the first side panel (fig.1 above shows the bridging portion connected to the first side panel), wherein the second segment includes: an end panel at least partially severably connected to the top panel (fig.1 above as modified the end panel severably connected to the top panel); wherein the bridging portion of the first segment is secured to the end panel in face-contacting arrangement therewith (see annotated fig.1 above).
Regarding claim 14, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 1 above further teaches a bundling structure for encircling the at least one article, the bundling structure comprises a first segment and a second segment (fig.1 above shows a building structure made of the side panels on each side one side being first segment and one side being second segment ), the first segment includes: a first end panel at least partially severably connected to the top panel (see annotated fig.1 above as modified for the first side end panel severably connected to the top panel as described in claim 1); and a bridging portion hingedly connected to the first end panel (fig.1 above show the bridging portion hingedly connected to the first end panle), wherein the second segment includes: a side panel hingedly connected to the top panel (fig. 1 abvoe show the 1st side panel connected to the top panel); wherein the bridging portion of the first segment is secured to the side panel in face-contacting arrangement therewith (see annotated fig.1 above).
Regarding claim 15, Gonzalez a package comprising a top-engaging carrier and at least one article, the carrier comprising (fig.2 shows the carrier 5): a top panel having at least one article-engaging feature retaining a respective article; wherein the article-engaging feature comprises an opening defined in part by an aperture for receiving an article (fig.1 above shows the top panel with engaging feature 41 with openings 7 that are to engage an article); a pair of side panels hingedly connected the top panel (see annotated fig.1 above); and a pair of end panels, each of the pair of end panels bridges between the side panels (see annotated fig.1 above). Gonzalez does not teach wherein at least one of the end panels is at least partially connected to the top panel along a severance line so as to be detachable therefrom and wherein the at least one of the end panels forms part of a carrying handle and the severance line comprises at least one frangible connection element, the at least one frangible connection element being intact prior to initial use of the carrying handle.
DePaula does teach wherein at least one of the end panels is at least partially connected to the top panel along a severance line so as to be detachable therefrom and wherein the at least one of the end panels forms part of a carrying handle and the severance line comprises at least one frangible connection element, the at least one frangible connection element being intact prior to initial use of the carrying handle (fig.1 shows the carrier with the top panels and the end panels 125 and 11 are connected with fold lines 14, 16, 19, 23 that can be cuts or perforations i.e. the panels are connected along severance line and detachable therefrom and the frangible connections of the 14,16,19 and 23 are intact as seen infig.1 and can be cut when applied force and they will be detached from the top panel and can be used as carrying handle). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the end panels and top panels disclosed by Gonzalez by adding the teaching of fold lines being cuts or perforations as disclosed by DePaula in order to have the end panels separate when the carrier in article form and user can use the cuts/perforations to turn ends panels as handles making it easier to carry the articles. “A first side panel 17 is foldably connected to the top panel 10 at a longitudinal fold line 19, and a second side panel 21 is foldably connected to the top panel 10 at a longitudinal fold line 23. In the illustrated embodiment, the fold lines 14, 16, 19, 23 that define the top panel 11 comprises spaced apart cuts or perforations, but the fold lines could comprise other forms or lines of weakening (e.g., score lines that do not penetrate the thickness of the blank 5) without departing from the disclosure.” (Col.3 lines 16-25 DePaula )
Regarding claim 16, Gonzalez a blank for forming a top-engaging carrier, the blank comprising (fig.1 shows the blank 10): a top panel having at least one article-engaging feature comprising an opening defined in part by an aperture for receiving article (fig.1 above shows the top panel with engaging feature 41 with openings 7 that are to engage an article); a pair of side panels hingedly connected the top panel (see annotated fig.1 above); and a pair of end panels, each of the pair of end panels bridges between the side panels (see annotated fig.1 above). Gonzalez does not teach wherein at least one of the end panels is at least partially detachably connected to the top panel along a severance line such that the severance line remains unbroken upon formation of the top-engaging carrier.
DePaula does teach wherein at least one of the end panels is at least partially detachably connected to the top panel along a severance line such that the severance line remains unbroken upon formation of the top-engaging carrier (fig.1 shows the carrier with the top panels and the end panels 125 and 11 are connected with fold lines 14, 16, 19, 23 that can be cuts or perforations i.e. the panels are connected along severance line and detachable therefrom and the frangible connections of the 14,16,19 and 23 are intact as seen in fig.1 and can be cut when applied force and they will be detached from the top panel). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the end panels and top panels disclosed by Gonzalez by adding the teaching of fold lines being cuts or perforations as disclosed by DePaula in order to have the end panels separate when the carrier in article form and user can use the cuts/perforations to turn ends panels as handles making it easier to carry the articles. “A first side panel 17 is foldably connected to the top panel 10 at a longitudinal fold line 19, and a second side panel 21 is foldably connected to the top panel 10 at a longitudinal fold line 23. In the illustrated embodiment, the fold lines 14, 16, 19, 23 that define the top panel 11 comprises spaced apart cuts or perforations, but the fold lines could comprise other forms or lines of weakening (e.g., score lines that do not penetrate the thickness of the blank 5) without departing from the disclosure.” (Col.3 lines 16-25 DePaula )
Claim(s) 1-3,5-6,8-11 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gonzalez (US 20110000799 A1), DePaula (US 9359093 B2) and further in view of Sutherland (US5407065A).
Regarding claim 17, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez does not teach wherein the at least one article-engaging feature comprises a plurality of tabs disposed about the aperture, wherein the tabs are hingedly connected to the top panel.
Sutherland does teach wherein the at least one article-engaging feature comprises a plurality of tabs disposed about the aperture, wherein the tabs are hingedly connected to the top panel (fig.1 and 2 show the tabs 20 that are disposed in the aperture when article is inserted through the top panel and are hinged). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the top panel disclosed by Gonzalez by adding the teaching of the tabs on the top panel as disclosed by Sutherland in order to support the articles when the packaging is lifted since the tabs will contact the articles neck to support them.
Regarding claim 18, the references as applied to claim 17 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 17 further teaches wherein each of the plurality of tabs comprises an engaging edge defined by a portion of a cut line defining the aperture (fig.1 and 2 show the aperture forming when the tabs engaging edges are cut apart by the article as it is inserted).
Regarding claim 19, the references as applied to claim 16 above discloses all the limitations substantially claimed Gonzalez does not teach wherein the at least one article-engaging feature comprises a plurality of tabs disposed about the aperture, wherein the tabs are hingedly connected to the top panel.
Sutherland does teach wherein the at least one article-engaging feature comprises a plurality of tabs disposed about the aperture, wherein the tabs are hingedly connected to the top panel (fig.1 and 2 show the tabs 20 that are disposed in the aperture when article is inserted through the top panel and are hinged). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the top panel disclosed by Gonzalez by adding the teaching of the tabs on the top panel as disclosed by Sutherland in order to support the articles when the packaging is lifted since the tabs will contact the articles neck to support them.
Regarding claim 20, the references as applied to claim 19 above discloses all the limitations substantially claimed. Gonzalez as modified in claim 19 further teaches wherein each of the plurality of tabs comprises an engaging edge defined by a portion of a cut line defining the aperture (fig.1 and 2 show the aperture forming when the tabs engaging edges are cut apart by the article as it is inserted).
Response to Arguments
Applicant's arguments filed 07/20/2026 have been fully considered but they are not persuasive. Applicant’s arguments in pre-appeal were persuasive, and the previous rejection is withdrawn. However, new reference of DePaula teaches the severance lines that can be cuts or perforation so the side/end panels can be broken with respect to top panel, and the carrier can be carried from the side. Previous rejection of Gonzalez also reads on the claim as written in view of DePaula under 103. Claim 12 allowability is withdrawn in light of new refence being used and new action being issued. Claims are still broad.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Primary Examiner, Art Unit 3735
Prosecution Insights