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Claim 30 is objected to because of the following informalities: Withdrawn claim 30 depends from a canceled claim. Appropriate correction is required.
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 20 and 23-27 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.
Claim 20 line 3 sets forth “at least two inner side walls… each inner side wall having a respective inner locking tab”; and lines 13-14 further set forth that the at least two inner side walls comprise “a first side wall, a second side wall, and a third side wall…” Examiner does not see how a third inner side wall also has a locking tab (to satisfy the line 3 limitation). As best understood from the disclosure, only two inner side walls comprise locking tabs (see Figure 1).
Claims 23-27 fail to cure the deficiencies.
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) 20, 23-26, and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wischusen, III (US 5050794 A; hereinafter Wischusen).
Regarding claims 20, 23-26, and 33, Wischusen discloses a tamper resistant leakproof container comprising an inner part for holding a product and an outer part for receiving the inner part in a closed arrangement of the box (10/11; see Figures 1-2), the inner part having a base wall (12) and at least two inner side walls (16) foldably connected (via 22) to the base wall, each inner side wall having a respective inner locking tab (60/74) abutting the outside of a respective one of the at least two inner side walls and forming a respective inner locking edge (edge 70), the outer part having a cover wall and at least two outer side walls foldably connected to the cover wall, each outer side wall having a respective outer locking tab abutting the inside of a respective one of the at least two outer side walls and forming a respective outer locking edge (Examiner notes that the outer part exactly mirrors the inner part), the inner locking edges are in engagement with the outer locking edges in the closed arrangement of the box to prevent separation of the outer part and the inner part (see Figures 8A-C), each inner locking tab comprises a first inner locking tab (60) foldably connected to a second inner locking tab (74) at a respective inner locking tab fold line (76).
Allowable Subject Matter
Claims 1-19 are allowed.
Claim 27 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Response to Arguments
Applicant’s arguments, see Pages 9-11, filed 11/18/2025, with respect to the rejection(s) of claim(s) 20-21, 24, and 27 under USC 102(a)(1)—in view of Hoefte have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USC 102(a)(1)--Wischusen.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734