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 .
Response to Amendment
The amendment filed 02/19/2026 (hereafter “the amendment”) has been accepted and entered.
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) 1-3,6,8-11 and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gonzalez (US20110000799A1).
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), 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 below shows the severance line 49b that is connected to the top panel and fig.2 shows clearly the end panel being severed from the top panel as there is space between the top panel and the end panels).
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 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 (see annotated fig.1 above and the fig.5 showing 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 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 (see annotated fig.1 where the line extends along an end edge of the top panel).
Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez 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 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 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 above shows the severance line 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).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez 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 above shows the severance line 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).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez 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 above shows the severance line 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).
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez 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 shows 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 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 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), 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 above shows the severance line that is connected to the top panel that is capable of being severed and fig.2 shows it being detached) 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 end panels with the carrying handle being formed around 19 and the severance line as shown in fig.2 that can be used for finger to facilitate the grasping and carrying of the carton and fig.2 shows clearly the end panel being severed from the top panel as there is space between the 19 and the top panel).
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), 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 above shows the severance line that is connected to the top panel that is capable of being severed and capable of being unbroken upon formation of the top engaging carrier and fig.3 shows clearly the end panel being severed from the top panel as there is space between 19 and the top panel).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over references applied to claim 1 above and further in view of Smalley (US20170233132A1).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Gonzalez does not teach 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.
Smalley does teach 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.7 shows tear lines 20 with the slits 370 on 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 severance line disclosed by Gonzalez by adding the teaching of slits passing though midpoint as disclosed by Smalley in order to provide a simple, clean, and quick way for consumers to open the packaging.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gonzalez (US20110000799 A1) 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).
Allowable Subject Matter
Claim 12 is 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 02/04/2026 have been fully considered but they are not persuasive. Applicant did not make any amendments to the claims to change the scope of the claims, hence the same rejection with answer to the arguments. Claims as written are too board and examiner has been suggesting the applicant to narrow them since the first action on the merits. Applicant argues that Gonzalez does not have an end panel at least partially connected top the top panel along a severance line because it is only connected in the blank form this is not persuasive because nowhere in claim 1 does it claim that at what aspect of the invention the top panel has to be connected along the severance line or not so under BRI the top panel being connected along a severance line in blank form reads on the claim. Claim only recites “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” even if the top panel disconnects after being formed it would still have been connected and even in the claim it recites “partially connected” not fully either. Applicant also argues that Gonzales fails to disclose “A package comprising a top-engaging carries…..the at least one frangible connection element being intact prior to initial use of the carrying handle” in claim 15 this was not persuasive because annotated fig.1 above shows the severance line that is connected to the top panel that is capable of being severed and fig.2 shows it being detached even if it is connected in blank form and then cuts appearing after forming. The frangible connections are clearly seen in fig.2 and 3 and that form after the cans C are inserted. Applicant also argues 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” in claim 16. This was not found persuasive because as stated above annotated fig.1 above shows the severance line that is connected to the top panel that is capable of being severed and capable of being unbroken upon formation of the top engaging carrier and fig.3 shows clearly the end panel being severed from the top panel as there is space between 19 and the top panel. Applicant simple states which limitations are not shown there are no specific reasoning on why and how those limitations are not there. Applicant also argues “claim 13 and 14 stating the guests are not connected to the end panel and thus not in a face-contacting arrangement with the end panel” because they are connected to 27 and 31 this is not found persuasive because even though they are connected to 27 and 31 they are also connected to the end panels and can be folded to a face-contacting arrangement. As stated, before applicant has not claimed any specific way the blank can be folded or what order is it folded in and even so the panels 61 and 63 when folded down as seen in fig.2 the edges of each of the panels will be in face contacting. Under 103 rejection applicant argues that they are not sure what Sutherland reference as used however, this was cleared up over the phone in November on a call with Brian Goldberg with a correct reference number. Therefore, applicant has had all the information needed and time to reply to that part of the action. PTO-892 also included the reference number.
Conclusion
THIS ACTION IS MADE FINAL. 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 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/Examiner, Art Unit 3735