DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/2/2026 has been entered.
Claim Rejections - 35 USC § 103
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.
Claims 21-32 and 34-40 are rejected under 35 U.S.C. 103 as being unpatentable over Voelker (US 2012/0312813) in view of Dygert et al. (US 2008/0073317), Stephenson (US 2006/0180643), Schulz et al. (US 2016/0052002) and Stone (US 3,756,384).
Regarding claim 21, Voelker discloses packaging comprising: a container (104) consisting of a handle (156), a shoulder (154), a spout (at 150), opposite top and bottom walls and a circumferential side wall connecting the top and bottom walls, inner surfaces of the walls defining an aperture (at 152), the handle being fixed relative to the top wall; and a carton (Fig. 1 and 24), the carton consisting of opposite top and bottom walls and a side wall extending from the top wall of the carton to the bottom wall of the carton, the carton comprising opposite top (at 102) and bottom (at 112) covers, opposite first and second side walls and opposite third and fourth side walls, the first and second side walls each extending from the top cover to the bottom cover and from the third side wall to the fourth side wall, the third and fourth side walls each extending from the top cover to the bottom cover and from the first side wall to the second side wall, the carton defining a first opening (926, 928 or 220) extending into the first side wall and top cover, and a second opening (926, 928 or 220) extending into the side wall. See Figs. 1 and 20-27. Voelker does not disclose the handle, flap or indicia as claimed.
Dygert, which is drawn to a container, discloses a handle (8) connecting the shoulder and the spout such that a portion of a proximal surface of the handle is flush with a proximal surface of a shoulder (9). See Fig. 2. Thus, it 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 to have the handle of Voelker connect to the shoulder, as disclosed by Dygert, in order to create bigger, or second, handle that can help in the handling of the container.
Stephenson, which is drawn to a carton, discloses the carton comprising a hinged flap that covers the second opening. See [0206]. Thus, it 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 to have a hinged closure flap over an opening, as disclosed by Stephenson in order to cover the opening when not in use.
Schulz, which is drawn to a container, discloses a circumferential side wall including volumetric indicia. See [0058]. Additionally, Stone, which is also drawn to a container within a carton, discloses indicia on the container showing through an opening (68) in the carton. See Fig. 4. Thus, it 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 to have the container of Voelker have indicia, as disclosed by Schulz, and show through its opening, as disclosed by Stone, in order to see the contents of the container while in the carton.
Regarding claim 22, the shoulder and the spout each extend from the top wall. See Fig. 12.
Regarding claim 23, the spout is connected to an end of the handle that directly engages the spout such that the end of the handle is positioned distal to a proximal surface of the spout. See Fig. 15.
Regarding claim 24, the first opening extends into the top cover and the first side wall. See Fig. 1.
Regarding claim 25, the second opening extends into the second side wall and is spaced apart from the top cover. See Fig. 27.
Regarding claim 26, the third and fourth side walls are free of any openings. See Figs. 1-7.
Regarding claim 27, the second side wall includes a body and first and second foldable flaps. See Figs. 1-33.
Regarding claim 28, the foldable flaps extend from opposite sides of the body. See Fig. 11.
Regarding claim 29, the first foldable flap forms a portion of the top cover. See Fig . 11.
Regarding claim 30, the first foldable flap is free of any openings between the body and an outer edge of the first foldable flap. See Fig . 11.
Regarding claim 31, the second foldable flap forms a portion of the bottom cover. See Fig. 11.
Regarding claim 32, the second foldable flap is free of any openings between the body and an outer edge of the second foldable flap. See Fig. 11.
Regarding claim 34, the second side wall is visible through the second opening, the second side wall being opaque. See Fig. 1.
Regarding claim 35, a first portion of the second opening has a U-shaped configuration. See Figs. 2-3.
Regarding claim 36, a second portion of the first opening extends into the top cover and has an arcuate configuration. See Figs. 2-3.
Regarding claim 37, the second portion is disposed in a perpendicular orientation relative to the first portion. See Figs. 2-3.
Regarding claim 38, as modified above, the hinged flap is pivotable out of alignment with the second opening.
Regarding claim 39, the handle is disposed entirely within the container. See Fig. 1.
Regarding claim 40, a portion of the surface of the shoulder is continuous with an outer surface of the side wall of the container. See Fig. 16.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Voelker, Dygert, Stephenson, Schulz, and Stone as applied above in further view of Nahum-Albright (US 6,062,391).
Regarding claim 33, Voelker sufficiently discloses the claimed invention, but does not disclose a transparent side wall. Nahum-Albright, which is drawn to a carton, discloses a second side wall being transparent. See cl. 10. Thus, it 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 to have the second side wall of Voelker be transparent, as disclosed by Nahum-Albright, in order to see through the carton at contents therein.
Response to Arguments
Applicant’s arguments filed 6/2/2026 have been considered but are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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