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 Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-24, 37-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mead (EP 0188327 A2) in view of Modumoa (KR 102177176 B1).
Mead discloses:
1. A carrier (figs 1-4) for holding a plurality of containers (capable of performing the above intended use), the carrier comprising: a central panel (18) comprising a plurality of container retention openings for at least partially receiving a respective container of the plurality of containers (As such as A1-A3, A4-A6 capable of performing the above intended use); at least one reinforcement flap foldably connected to the central panel at a fold line, the at least one reinforcement flap comprising a base portion and a plurality of spaced extents extending from the base portion for being positioned between respective containers of the plurality of containers (16, 20 with fold 30/32 and base portion 16/20 and extents 90/92/104/106 capable of performing the above intended use);
With the exception of the following which is disclosed by Modumoa: at least one reinforcement feature interrupting the fold line and positioned between the central panel and the at least one reinforcement flap (adjacent 50s/51s/52s: “interrupting” in that a portion of 50/51/52 intersects 11 and therefore breaks the uniformity, as for example shown in figure 10, 11 where the feature does not continue across the device in one continuous straight path). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Mead in view of Modumoa (by providing the above between central panel and flap) in order to provide an enhanced gripping feature in order to transport contents and protect contents.
The Combined Reference discloses:
2. The carrier of claim 1, wherein the at least one reinforcement feature is generally upright relative to the central panel (Modumoa figure on page 15).
3. The carrier of claim 2, wherein the at least one reinforcement feature is formed by a line of weakening (Modumoa adjacent 52).
4. The carrier of claim 3, wherein the line of weakening includes a plurality of segments, each segment of the plurality of segments intersecting at least one other segment of the plurality of segments (Modumoa as in figure on page 13). With respect to being oblique, the Office notes that it is well within the skill of one or ordinary skill in the art to modify curve to oblique lines in order to provide a desired aesthetic while also providing enhanced strength such as providing resistance to undesired bowing and destruction. Furthermore, though not required the Office also notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the shape a because it has been held that a change in shape on the basis of its suitability for the intended use was an obvious extension of the prior teaching. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The Office further notes that Applicant does not provide any sort of criticality for the shape of the element.
5. The carrier of claim 4, wherein the at least one reinforcement feature is a generally diamond-shaped panel. With respect to being oblique/diamond, the Office notes that it is well within the skill of one or ordinary skill in the art to modify curve to oblique lines in order to provide a desired aesthetic while also providing enhanced strength such as providing resistance to undesired bowing and destruction. Furthermore, though not required the Office also notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the shape a because it has been held that a change in shape on the basis of its suitability for the intended use was an obvious extension of the prior teaching. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The Office further notes that Applicant does not provide any sort of criticality for the shape of the element.
6. The carrier of claim 2, wherein at least one container retention tab is foldably connected to the central panel at a respective fold line, the at least one container retention tab positioned extending into a respective container retention opening of the plurality of container retention openings (Mead elements shown in fig 1 at opening).
7. The carrier of claim 6, wherein the at least one reinforcement flap is a first reinforcement flap, the fold line is a first fold line, the at least one reinforcement feature is a first reinforcement feature interrupting the first fold line, and the carrier further comprises a second reinforcement flap foldably connected to the central panel at a second fold line, the carrier further comprising a second reinforcement feature interrupting the second fold line (Mead as shown in fig 1 at opposite end).
8. The carrier of claim 7, wherein the first reinforcement feature is a first reinforcement feature of a first plurality of spaced apart reinforcement features interrupting the first fold line, and the second reinforcement feature is a second reinforcement feature of a second plurality of spaced apart reinforcement features interrupting the second fold line (the Office notes that the above feature is already provided by the secondary reference Modumoa; the same features can be provided at multiple locations on the device as in the above).
9. The carrier of claim 2, wherein the base portion of the at least one reinforcement flap has a first width, and each extent of the plurality of extents has a second width, the first width is greater than the second width (Mead fig 1 such as along 20/16 and 104/106/90/92).
10. The carrier of claim 9, wherein at least one extent of the plurality of extents has a tapered configuration (as in Mead fig 1).
11. The carrier of claim 9, further comprising at least one reinforcement tab foldably connected to a respective extent of the plurality of extents (Mead 12/24 which includes portions of 12/24 such as three portions of each 12/24 in fig 1).
12. The carrier of claim 11, further comprising a plurality of handle openings, wherein the at least one reinforcement flap includes a curved free edge aligned with a handle opening of the plurality of handle openings, the curved edge at least partially defined by at least one extent of the plurality of extents and by first and second reinforcement tabs, both foldably connected to the at least one extent (Mead handle openings adjacent G as in fig 1, with curved edge adjacent 100, 102, 86, 88, G).
13. A blank for forming a carrier for holding a plurality of containers, the blank comprising:; a central panel comprising a plurality of container retention openings for at least partially receiving a respective container of the plurality of containers wherein the carrier is formed from the blank; at least one reinforcement flap foldably connected to the top panel at a fold line, the at least one reinforcement flap comprising a base portion and a plurality of spaced extents extending from the base portion for being positioned between respective containers of the plurality of containers when the carrier is formed from the blank; and at least one reinforcement feature interrupting the fold line and positioned between the central panel and the at least one reinforcement flap (same features and combination as provided in claim 1).
14. The blank of claim 13, wherein the at least one reinforcement feature is for being positioned generally upright relative to the central panel when the carrier is formed from the blank (same features and combination as provided in claim 2).
15. The blank of claim 14, wherein the at least one reinforcement feature is formed by a line of weakening (same features and combination as provided in claim 3).
16. The blank of claim 15, wherein the line of weakening includes a plurality of oblique line segments, each oblique line segment of the plurality of oblique line segments intersecting at least one other oblique line segment of the plurality of oblique line segments (same features and combination as provided in claim 4).
17. The blank of claim 16, wherein the at least one reinforcement feature is a generally diamond-shaped panel (same features and combination as provided in claim 5).
18. The blank of claim 14, wherein at least one container retention tab is foldably connected to the central panel at a respective fold line, the at least one container retention tab positioned extending into a respective container retention opening of the plurality of container retention openings (same features and combination as provided in claim 6).
19. The blank of claim 18, wherein the at least one reinforcement flap is a first reinforcement flap, the fold line is a first fold line, the at least one reinforcement feature is a first reinforcement feature interrupting the first fold line, and the blank further comprises a second reinforcement flap foldably connected to the central panel at a second fold line, the blank further comprising a second reinforcement feature interrupting the second fold line (same features and combination as provided in claim 7).
20. The blank of claim 19, wherein the first reinforcement feature is a first reinforcement feature of a first plurality of spaced apart reinforcement features interrupting the first fold line, and the second reinforcement feature is a second reinforcement feature of a second plurality of spaced apart reinforcement features interrupting the second fold line (same features and combination as provided in claim 8).
21. The blank of claim 14, wherein the base portion of the at least one reinforcement flap has a first width, and each extent of the plurality of extents has a second width, the first width is greater than the second width (same features and combination as provided in claim 9).
22. The blank of claim 21, wherein at least one extent of the plurality of extents has a tapered configuration (same features and combination as provided in claim 10).
23. The blank of claim 21, further comprising at least one reinforcement tab foldably connected to a respective extent of the plurality of extents (same features and combination as provided in claim 11).
24. The blank of claim 23, further comprising a plurality of handle openings, wherein the at least one reinforcement flap includes a curved free edge for being aligned with a respective handle opening of the plurality of handle openings when the carrier is formed from the blank, the curved edge at least partially defined by at least one extent of the plurality of extents and by first and second reinforcement tabs, both foldably connected to the at least one extent (same features and combination as provided in claim 12).
37. A package, the package comprising: a plurality of containers; and a carrier holding the plurality of containers, the carrier comprising:a central panel comprising a plurality of container retention openings at least partially receiving a respective container of the plurality of containers;at least one reinforcement flap foldably connected to the central panel at a fold line, the at least one reinforcement flap comprising a base portion and a plurality of spaced extents extending from the base portion and positioned between respective containers of the plurality of containers; and at least one reinforcement feature interrupting the fold line and positioned between the central panel and the at least one reinforcement flap ((same features and combination as provided in claim 1, and also including containers as in fig 4).
38. The package of claim 37, wherein the at least one reinforcement feature is generally upright relative to the central panel (same features and combination as provided in claim 2).
39. The package of claim 38, wherein the at least one reinforcement feature is formed by a line of weakening (same features and combination as provided in claim 3).
40. The package of claim 39, wherein the line of weakening includes a plurality of oblique line segments, each oblique line segment of the plurality of oblique line segments intersecting at least one other oblique line segment of the plurality of oblique line segments (same features and combination as provided in claim 4).
41. The package of claim 40, wherein the at least one reinforcement feature is a generally diamond-shaped panel (same features and combination as provided in claim 5).
42. The package of claim 38, wherein at least one container retention tab is foldably connected to the central panel at a respective fold line, the at least one container retention tab positioned extending into a respective container retention opening of the plurality of container retention openings (same features and combination as provided in claim 6).
43. The package of claim 42, wherein the at least one reinforcement flap is a first reinforcement flap, the fold line is a first fold line, the at least one reinforcement feature is a first reinforcement feature interrupting the first fold line, and the carrier further comprises a second reinforcement flap foldably connected to the central panel at a second fold line, the carrier further comprising a second reinforcement feature interrupting the second fold line (same features and combination as provided in claim 7).
44. The package of claim 43, wherein the first reinforcement feature is a first reinforcement feature of a first plurality of spaced apart reinforcement features interrupting the first fold line, and the second reinforcement feature is a second reinforcement feature of a second plurality of spaced apart reinforcement features interrupting the second fold line (same features and combination as provided in claim 8).
45. The package of claim 38, wherein the base portion of the at least one reinforcement flap has a first width, and each extent of the plurality of extents has a second width, the first width is greater than the second width (same features and combination as provided in claim 9).
46. The package of claim 45, wherein at least one extent of the plurality of extents has a tapered configuration (same features and combination as provided in claim 10).
47. The package of claim 45, further comprising at least one reinforcement tab foldably connected to a respective extent of the plurality of extents (same features and combination as provided in claim 11).
48. The package of claim 47, further comprising a plurality of handle openings, wherein the at least one reinforcement flap includes a curved free edge aligned with a respective handle opening of the plurality of handle openings, the curved edge at least partially defined by at least one extent of the plurality of extents and by first and second reinforcement tabs, both foldably connected to the at least one extent (same features and combination as provided in claim 12).
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-10, 13-22, 37-46 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Walling (US 20220258943 A1).
Walling discloses:
1. A carrier (figs 1-4) for holding a plurality of containers (capable of performing the above intended use), the carrier comprising: a central panel (see figure below) comprising a plurality of container retention openings for at least partially receiving a respective container of the plurality of containers (see figure below capable of performing the above intended use); at least one reinforcement flap foldably connected to the central panel at a fold line, the at least one reinforcement flap comprising a base portion and a plurality of spaced extents extending from the base portion for being positioned between respective containers of the plurality of containers (see figure below and same feature on opposite side, capable of performing the above intended use);
at least one reinforcement feature interrupting the fold line and positioned between the central panel and the at least one reinforcement flap (see figure below; the Office notes that the feature is indeed a reinforcement feature, as the feature can help minimize/resist bending, buckling, flexion, torsion, etc.).
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The Combined Reference discloses:
2. The carrier of claim 1, wherein the at least one reinforcement feature is generally upright relative to the central panel (as in fig 4).
3. The carrier of claim 2, wherein the at least one reinforcement feature is formed by a line of weakening (as in figs 1-4).
4. The carrier of claim 3, wherein the line of weakening includes a plurality of segments, each segment of the plurality of segments intersecting at least one other segment of the plurality of segments (as in above figure). With respect to being oblique, the Office notes that it is well within the skill of one or ordinary skill in the art to modify curve to oblique lines in order to provide a desired aesthetic while also providing enhanced strength such as providing resistance to undesired bowing and destruction. Furthermore, though not required the Office also notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the shape a because it has been held that a change in shape on the basis of its suitability for the intended use was an obvious extension of the prior teaching. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The Office further notes that Applicant does not provide any sort of criticality for the shape of the element.
5. The carrier of claim 4, wherein the at least one reinforcement feature is a generally diamond-shaped panel. With respect to being oblique/diamond, the Office notes that it is well within the skill of one or ordinary skill in the art to modify curve to oblique lines in order to provide a desired aesthetic while also providing enhanced strength such as providing resistance to undesired bowing and destruction. Furthermore, though not required the Office also notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the shape a because it has been held that a change in shape on the basis of its suitability for the intended use was an obvious extension of the prior teaching. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The Office further notes that Applicant does not provide any sort of criticality for the shape of the element.
6. The carrier of claim 2, wherein at least one container retention tab is foldably connected to the central panel at a respective fold line, the at least one container retention tab positioned extending into a respective container retention opening of the plurality of container retention openings. Official Notice is taken, that it is old and conventional to provide at least one container retention tab is foldably connected to the central panel at a respective fold line, the at least one container retention tab positioned extending into a respective container retention opening of the plurality of container retention openings. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide at least one container retention tab is foldably connected to the central panel at a respective fold line, the at least one container retention tab positioned extending into a respective container retention opening of the plurality of container retention openings in order to firmly secure the contents.
7. The carrier of claim 6, wherein the at least one reinforcement flap is a first reinforcement flap, the fold line is a first fold line, the at least one reinforcement feature is a first reinforcement feature interrupting the first fold line, and the carrier further comprises a second reinforcement flap foldably connected to the central panel at a second fold line, the carrier further comprising a second reinforcement feature interrupting the second fold line (as in above annotated figure).
8. The carrier of claim 7, wherein the first reinforcement feature is a first reinforcement feature of a first plurality of spaced apart reinforcement features interrupting the first fold line, and the second reinforcement feature is a second reinforcement feature of a second plurality of spaced apart reinforcement features interrupting the second fold line (as in above the above annotated figure).
9. The carrier of claim 2, wherein the base portion of the at least one reinforcement flap has a first width, and each extent of the plurality of extents has a second width, the first width is greater than the second width (as in above annotated figure).
10. The carrier of claim 9, wherein at least one extent of the plurality of extents has a tapered configuration (as in above figure and fig 1).
13. A blank for forming a carrier for holding a plurality of containers, the blank comprising: a top panel comprising a plurality of container retention openings for at least partially receiving a respective container of the plurality of containers when the carrier is formed from the blank;a central panel comprising a plurality of container retention openings for at least partially receiving a respective container of the plurality of containers;at least one reinforcement flap foldably connected to the top panel at a fold line, the at least one reinforcement flap comprising a base portion and a plurality of spaced extents extending from the base portion for being positioned between respective containers of the plurality of containers when the carrier is formed from the blank; andat least one reinforcement feature interrupting the fold line and positioned between the central panel and the at least one reinforcement flap (same features and combination as provided in claim 1).
14. The blank of claim 13, wherein the at least one reinforcement feature is for being positioned generally upright relative to the central panel when the carrier is formed from the blank (same features and combination as provided in claim 2).
15. The blank of claim 14, wherein the at least one reinforcement feature is formed by a line of weakening (same features and combination as provided in claim 3).
16. The blank of claim 15, wherein the line of weakening includes a plurality of oblique line segments, each oblique line segment of the plurality of oblique line segments intersecting at least one other oblique line segment of the plurality of oblique line segments (same features and combination as provided in claim 4).
17. The blank of claim 16, wherein the at least one reinforcement feature is a generally diamond-shaped panel (same features and combination as provided in claim 5).
18. The blank of claim 14, wherein at least one container retention tab is foldably connected to the central panel at a respective fold line, the at least one container retention tab positioned extending into a respective container retention opening of the plurality of container retention openings (same features and combination as provided in claim 6).
19. The blank of claim 18, wherein the at least one reinforcement flap is a first reinforcement flap, the fold line is a first fold line, the at least one reinforcement feature is a first reinforcement feature interrupting the first fold line, and the blank further comprises a second reinforcement flap foldably connected to the central panel at a second fold line, the blank further comprising a second reinforcement feature interrupting the second fold line (same features and combination as provided in claim 7).
20. The blank of claim 19, wherein the first reinforcement feature is a first reinforcement feature of a first plurality of spaced apart reinforcement features interrupting the first fold line, and the second reinforcement feature is a second reinforcement feature of a second plurality of spaced apart reinforcement features interrupting the second fold line (same features and combination as provided in claim 8).
21. The blank of claim 14, wherein the base portion of the at least one reinforcement flap has a first width, and each extent of the plurality of extents has a second width, the first width is greater than the second width (same features and combination as provided in claim 9).
22. The blank of claim 21, wherein at least one extent of the plurality of extents has a tapered configuration (same features and combination as provided in claim 10).
37. A package, the package comprising: a plurality of containers; and a carrier holding the plurality of containers, the carrier comprising:a central panel comprising a plurality of container retention openings at least partially receiving a respective container of the plurality of containers;at least one reinforcement flap foldably connected to the central panel at a fold line, the at least one reinforcement flap comprising a base portion and a plurality of spaced extents extending from the base portion and positioned between respective containers of the plurality of containers; and at least one reinforcement feature interrupting the fold line and positioned between the central panel and the at least one reinforcement flap ((same features and combination as provided in claim 1, and also including containers as in fig 3, 4).
38. The package of claim 37, wherein the at least one reinforcement feature is generally upright relative to the central panel (same features and combination as provided in claim 2).
39. The package of claim 38, wherein the at least one reinforcement feature is formed by a line of weakening (same features and combination as provided in claim 3).
40. The package of claim 39, wherein the line of weakening includes a plurality of oblique line segments, each oblique line segment of the plurality of oblique line segments intersecting at least one other oblique line segment of the plurality of oblique line segments (same features and combination as provided in claim 4).
41. The package of claim 40, wherein the at least one reinforcement feature is a generally diamond-shaped panel (same features and combination as provided in claim 5).
42. The package of claim 38, wherein at least one container retention tab is foldably connected to the central panel at a respective fold line, the at least one container retention tab positioned extending into a respective container retention opening of the plurality of container retention openings (same features and combination as provided in claim 6).
43. The package of claim 42, wherein the at least one reinforcement flap is a first reinforcement flap, the fold line is a first fold line, the at least one reinforcement feature is a first reinforcement feature interrupting the first fold line, and the carrier further comprises a second reinforcement flap foldably connected to the central panel at a second fold line, the carrier further comprising a second reinforcement feature interrupting the second fold line (same features and combination as provided in claim 7).
44. The package of claim 43, wherein the first reinforcement feature is a first reinforcement feature of a first plurality of spaced apart reinforcement features interrupting the first fold line, and the second reinforcement feature is a second reinforcement feature of a second plurality of spaced apart reinforcement features interrupting the second fold line (same features and combination as provided in claim 8).
45. The package of claim 38, wherein the base portion of the at least one reinforcement flap has a first width, and each extent of the plurality of extents has a second width, the first width is greater than the second width (same features and combination as provided in claim 9).
46. The package of claim 45, wherein at least one extent of the plurality of extents has a tapered configuration (same features and combination as provided in claim 10).
Response to Arguments
Applicant's arguments filed 03/12/2026 have been fully considered but they are not persuasive. The Office states that the prior art does not disclose a feature interrupting a fold. Modumoa discloses at least one reinforcement feature interrupting the fold line and positioned between the central panel and the at least one reinforcement flap (adjacent 50s/51s/52s: “interrupting” in that a portion of 50/51/52 intersects 11 and therefore breaks the uniformity, as for example shown in figure 10, 11 where the feature does not continue across the device in one continuous straight path). Applicant states that the prior art does not disclose a reinforcement feature. Walling discloses at least one reinforcement feature interrupting the fold line and positioned between the central panel and the at least one reinforcement flap (see above annotated below; the Office notes that the feature is indeed a reinforcement feature, as the feature can help minimize/resist bending, buckling, flexion, torsion, etc.). Accordingly, Applicant/Appellant has not demonstrated error in the factual findings or reasoning set forth by the Office and the Office must maintain the rejections.
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 ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
Prosecution Insights