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) 37-46, 48-53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andre (2828009) in view of Ikeda (6315123).
Andre discloses:
37. A package (Figs 1-4) for holding a group of articles (Applicant has selected language in the above that does not positive the intended contents; the device is capable of performing the above intended use, such as holding articles) comprising:
a first inner carrier and a second outer carrier (as in fig 2 within inside and outside; the Office notes that inside refers to the internal elements while outside refers to the external elements, as for example the elements 6, 7, 8, 9, 10, etc. are on outside and therefore refer the outer carrier and the elements 16, 21-25 are on the inside and therefore refer to the inner carrier), the first inner carrier having a first tubular axis and configured to be disposed about the group of articles the second outer carrier having a second tubular axis (fig 2 with an imaginary line that runs through one carrier from top to bottom and another imaginary lines that runs through another carrier from side to side where such imaginary lines are at a 90 degree angle; capable of performing the above intended use), and configured to be disposed, at least in part, on the outside of the first inner carrier such that the first tubular axis is substantially perpendicular to the second tubular axis and such that that first inner carrier is disposed about all of the articles in the group of articles about which the second outer carrier is disposed (fig 2 see above with an imaginary line that runs through one carrier and another imaginary lines that runs through another carrier where such imaginary lines are at a 90 degree angle; capable of performing the above intended use; the Office again notes that Applicant has chosen to no positively claim the intended contents; regardless, the Office also notes Applicant’s word choice of “group” and the can be the six items within the inner container of the prior art further showing that the device is capable of holding all of the articles of the group), bottom walls (as in fig 2 of both inner and outer device; the Office notes that for example, 6, 10, 23 may be either or top or bottom as the above merely depends on how the user orients the package; in other words, 6 and 10 are multiple bottom walls of the second outer carrier),
wherein the second outer carrier comprises a locking tab formed in the bottom wall and the first inner carrier comprises an aperture formed first bottom wall, the locking tab configured to mate with the aperture to form a connection between the first inner carrier and the second outer carrier (adjacent 37, 36, 32, 38 and since the above provides tabs, the above is a locking tab where the complementary feature to the tab is also an aperture as already provided above; the Office notes the prior art discloses the above and in addition to the above, the prior art also discloses that being defined by a cutaway struck merely refers to the aperture itself and not any additional structure; with respect to alignment apertures, the device already provides apertures above that are capable of being used in the intended use manner in Applicant’s intended use claim language);
with the exception of the following which is disclosed by Ikeda: a composite first bottom wall comprising more than one bottom panel (20, 12 and also including multiple apertures from multiple cutaways as shown in fig 4 such as with 50-55, 70, 72, 74, 76; the Office notes that the second outer carrier comprises a composite second bottom wall comprising more than one bottom panel is already disclosed above by the primary reference). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Andre in view of Ikeda (by providing the above feature such as by replacing the single panel of Ikea with double panel and features of such in Ikeda, such as to both the inner and outer elements) in order to provide additional means to access the contents within.
The Office notes Applicant’s amendment to the new limitation including a predetermined number of primary product containers throughout claim 37 and also including that the outer carrier is free of being disposed about any of primary product containers in excess of the predetermined number of primary product containers. The Office again notes that with respect to the “the group of articles including a predetermined number of primary product containers”, Applicant has selected language in the above that does not positive the intended contents and that the device is capable of performing the above intended use, such as holding articles. The Office further notes again that Applicant’s word choice of “group” and the can be the six items within the inner container of the prior art further showing that the device is capable of holding all of the articles of the group. The addition of the new limitation does not change the above. For example, “the group” of “primary product containers” may six items container therein and any other elements contained therein are part of a different collection or a additional collection of which is not part of the primary group.
Andre discloses:
38. A package according to claim 37, further comprising the group of articles (articles within the device), wherein the first inner carrier is of wraparound type to be wrapped around the group of articles (the element wraps around) and comprises: a top panel, a first side panel, a second side panel, and two opposite ends that are at least partially open (As shown in fig 2 with multiple panels and interpretation already provided above with respect to top and bottom), wherein the first tubular axis extends between the two opposite open ends of the first inner carrier (as in fig 2); wherein the second outer carrier is of the wraparound type and comprises: a top panel, a first side panel, a second side panel, and two opposite open ends that are at least partially open (the element wraps around, panels also at least shown in fig 2), wherein the second tubular axis extends between the two opposite open ends of the second outer carrier (fig 2); wherein the first inner carrier is wrapped about the group of articles, and wherein the second outer carrier is wrapped around the first inner carrier and the group of articles (fig 2).
39. A package according to claim 37, wherein the first inner carrier and the second outer carrier are configured such that when the package is formed, the locking tab of the second outer carrier is received in the aperture of the first inner carrier for connecting the first inner carrier and the second outer carrier together (fig 2).
40. A package according to claim 39, wherein the second outer carrier comprises an article engaging structure configured to receive, at least in part, a top of at least one of the articles of the group of articles in the first inner carrier (such as features adjacent 13, 33, 35, in fig 4 of which are slots).
41. A package according to claim 37, further comprising a carrying handle structure, which carrying handle structure comprises one or more foldable tabs, and wherein said one or more foldable tabs provide a spacer for being disposed between two adjacent articles of the group of articles to be held in the package (such as features adjacent 13, 33, 35, in fig 3, 4 of which are slots and providing a spacer; the elements are capable of being used for carrying).
The Combined Reference discloses
42. A package according to claim 37, wherein the first bottom wall of the first inner carrier is formed by a first bottom panel and a second bottom panel disposed in at least partial overlapping relationship, and wherein the first bottom panel comprises a first aperture defined therein and the second bottom panel comprises a second aperture defined therein, the first aperture and the second aperture being disposed in vertical registry or alignment with one another (the base reference already discloses bottom wall of both the inner and outer and the secondary reference has already provided 20, 12 and also including multiple apertures from multiple cutaways as shown in fig 4 such as with 50-55, 70, 72, 74, 76) .
43. A package according to claim 37, wherein the first bottom wall of the first inner carrier is formed by a first bottom panel and a second bottom panel disposed in at least partial overlapping relationship, wherein the first bottom panel comprises a securing tab defining in part a first aperture formed in the first bottom panel, and wherein the securing tab is configured to be received in a second aperture formed in the second bottom panel to secure the first bottom panel and the second bottom panel together (the base reference already discloses bottom wall of both the inner and outer and the secondary reference has already provided 20, 12 and also including multiple apertures from multiple cutaways as shown in fig 4 such as with 50-55, 70, 72, 74, 76).
44. A package according to claim 37, wherein the first inner carrier comprises a first tubular structure comprising: a first top panel, a first side panel, and a second side panel (as in fig 2 of Andre), the composite first bottom wall formed from a first bottom panel disposed in at least partial overlapping relationship with a second bottom panel (the base reference already discloses bottom wall of both the inner and outer and the secondary reference has already provided 20, 12 and also including multiple apertures from multiple cutaways as shown in fig 4 such as with 50-55, 70, 72, 74, 76), wherein the second outer carrier comprises a second tubular structure comprising: a second top panel, a third side panel and a fourth side panel (As inf ig 2 of Andre), the composite second bottom wall formed from a third bottom panel disposed in at least partial overlapping relationship with a fourth bottom panel (the base reference already discloses bottom wall of both the inner and outer and the secondary reference has already provided 20, 12 and also including multiple apertures from multiple cutaways as shown in fig 4 such as with 50-55, 70, 72, 74, 76), wherein at least one of the first bottom panel and the second bottom panel comprises a first alignment aperture for facilitating assembly of the first inner carrier about the group of article (Andre adjacent 37, 36, 32, 38 and since the above provides tabs, the above is a locking tab where the complementary feature to the tab is also an aperture as already provided above; the Office notes that being defined by a cutaway struck merely refers to the aperture itself and not any additional structure; with respect to alignment apertures, the device already provides apertures above that are capable of being used in the intended use manner in Applicant’s intended use claim language), wherein at least one of the third and fourth bottom panels comprises a second alignment aperture for facilitating assembly of the second outer carrier, wherein the first alignment aperture is configured to allow movement of a machine component within the first alignment aperture in two directions during assembly of the package (adjacent 37, 36, 32, 38 and since the above provides tabs, the above is a locking tab where the complementary feature to the tab is also an aperture as already provided above; the Office notes that being defined by a cutaway struck merely refers to the aperture itself and not any additional structure; with respect to alignment apertures, the device already provides apertures above that are capable of being used in the intended use manner in Applicant’s intended use claim language).
45. A package according to claim 44, wherein the first alignment aperture is shaped such that the machine component is moveable in a first direction substantially perpendicular to the tubular axis of the first inner carrier so as to facilitate assembly of the first inner carrier and in a second direction substantially parallel with the tubular axis of the first inner carrier so as to facilitate assembly of the second outer carrier (capable of performing the above intended use, such as providing a machine with compatible shapes).
46. A package according to claim 44, wherein the first alignment aperture is shaped to facilitate alignment of the third side panel and the fourth side panel with respect to each other and to facilitate alignment of the third side panel and the fourth side panel with respect to the first bottom panel of the first inner carrier (adjacent 37, 36, 32, 38 and since the above provides tabs, the above is a locking tab where the complementary feature to the tab is also an aperture as already provided above; the Office notes that being defined by a cutaway struck merely refers to the aperture itself and not any additional structure; with respect to alignment apertures, the device already provides apertures above that are capable of being used in the intended use manner in Applicant’s intended use claim language)..
48. A package according to claim 37, wherein the first inner carrier comprises a top panel having at least one slot therein that is configured to receive a portion of at least one article of the group of articles (Andre such as features adjacent 13, 33, 35, in fig 4 of which are slots).
49. A package according to claim 48 further comprising the group of articles (Andre articles within the device),wherein the first inner carrier is of wraparound type to be wrapped around the group of articles (the deice wraps) and further comprises: a first side panel, a second side panel, and two opposite ends that are at least partially open (elements shown in fig 2 of Andrea nd the above interpretation of top and bottom already provided to Applicant), wherein the first tubular axis extends between the two opposite open ends of the first inner carrier and defines a longitudinal direction (fig 2); wherein the second outer carrier is of the wraparound type (device wraps) and comprises: a top panel, a first side panel, a second side panel, and two opposite open ends that are at least partially open (such as in fig 2), wherein the second tubular axis extends between the two opposite open ends of the second outer carrier (fig 2); wherein the first inner carrier is wrapped about the group of articles, and wherein the second outer carrier is wrapped around the first inner carrier and the group of articles (Andre fig 2).
50. A package according to claim 49 wherein the at least one slot in the top panel comprises a first slot arranged (Andre such as features adjacent 13, 33, 35, in fig 4 of which are slots) and configured to receive a portion of at least one article in a first row of articles (capable of performing the above intended use), and a second slot arranged and configured to receive a portion of at least one article in a second row of articles (Andre such as features adjacent 13, 33, 35, in fig 4 of which are slots), each of the first slot and the second slot extending in the top panel in the longitudinal direction (fig 4).
51. A package according to claim 37, further comprising a second inner carrier having the first tubular axis, the second outer carrier being disposed, at least in part, on the outside of each of the first inner carrier and the second inner carrier such that the first tubular axes of the first inner carrier and the second inner carrier are disposed substantially perpendicular to the second tubular axis of the second outer carrier (Andre fig 2 with multiple inner carriers).
52. A package according to claim 37, further comprising the group of articles arranged in two or more rows, each row comprising at least two articles, wherein the second outer carrier is configured such that diagonally opposite articles in the group of articles are exposed to view (Applicant has not positively claimed articles in claim 37; device is capable of performing the above intended use).
53. A package according to claim 52, wherein at least a portion of the diagonally opposite articles are visible through a respective open end of the first inner carrier that is at least partially open (Applicant has not positively claimed articles in claim 37; device is capable of performing the above intended use).
Claim(s) 56-58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andre (2828009) in view of Ikeda (6315123) and Graser (US 3252649 A).
Andre discloses:
56. A package (figs 1-4) comprising: a first inner carrier and a second outer carrier (as in fig 2 within inside and outside; the Office notes that inside refers to the internal elements while outside refers to the external elements, as for example the elements 6, 7, 8, 9, 10, etc. are on outside and therefore refer the outer carrier and the elements 16, 21-25 are on the inside and therefore refer to the inner carrier), the first inner carrier having a first tubular axis and the second outer carrier having a second tubular axis (fig 2 with an imaginary line that runs through one carrier from top to bottom and another imaginary lines that runs through another carrier from side to side where such imaginary lines are at a 90 degree angle), and the second outer carrier being disposed, at least in part, on the outside of the first inner carrier such that the first tubular axis is substantially perpendicular to the second tubular axis (fig 2 see above with an imaginary line that runs through one carrier and another imaginary lines that runs through another carrier where such imaginary lines are at a 90 degree angle),
wherein the first inner carrier comprises a top panel, a first side panel, a second side panel (As shown in fig 2 with multiple panels with interpretation provided below between top and bottom), bottom wall (as in fig 2 of both inner and outer device; the Office notes that for example, 6, 10, 23 may be either or top or bottom as the above merely depends on how the user orients the package), and two opposite ends that are at least partially open (fig 2),
wherein the first tubular axis extends between the two opposite open ends of the first inner carrier (fig 2);
wherein the second outer carrier comprises a top panel, a first side panel, a second side panel (As shown in fig 2 with multiple panels with interpretation provided below between top and bottom), a second bottom wall with more than one bottom panel (as in fig 2 of both inner and outer device; the Office notes that for example, 6, 10, 23 may be either or top or bottom as the above merely depends on how the user orients the package; in other words, 6 and 10 are multiple bottom walls of the second outer carrier), and two opposite open ends that are at least partially open (fig 2 such as with aperture shown in fig 2), wherein the second tubular axis extends between the two opposite open ends of the second outer carrier (fig 2);
wherein the first inner carrier is configured to be wrapped about a group of articles and the second outer carrier is configured to be wrapped around the first inner carrier and the group of articles (capable of performing the above intended use; Applicant has not positively claimed the articles in the above); wherein the second outer carrier comprises a locking tab and the first inner carrier comprises an aperture, the locking tab being configured to be received in the aperture to connect the first inner carrier and the second outer carrier together (adjacent 37, 36, 32, 38 and since the above provides tabs, the above is a locking tab where the complementary feature to the tab is also an aperture as already provided above; the Office notes that being defined by a cutaway struck merely refers to the aperture itself and not any additional structure; with respect to alignment apertures, the device already provides apertures above that are capable of being used in the intended use manner in Applicant’s intended use claim language);
with the exception of the following which is disclosed by Ikeda: composite first bottom, comprising more than one bottom panel, wherein the composite first bottom wall comprises a first bottom panel and a second bottom panel, wherein the first bottom panel and the second bottom panel are disposed in at least partial overlapping relationship, and wherein the aperture is defined in part by a first cutaway struck from the first bottom panel and a second cutaway struck from the second bottom panel, wherein the first cutaway and the second cutaway are configured to overlap to provide the aperture through the first composite bottom wall (20, 12 and also including multiple apertures from multiple cutaways as shown in fig 4 such as with 50-55, 70, 72, 74, 76; the primary reference already discloses second composite bottom comprising more than one bottom panel; the Office further notes that the apertures overlap as for example shown in figs 6, 10, 8). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Andre in view of Ikeda (by providing the above feature such as by replacing the single panel of Ikea with double panel and features of such in Ikeda, such as to both the inner and outer elements) in order to provide additional means to access the contents within.
The Combined Reference discloses the claimed invention above. In order to expedite prosecution for Applicant, if there is any question that the apertures/cutaways/tab overlap, the Office notes that Graser discloses the above (as shown adjacent 27, 28). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Graser (by either replacing the existing apertures or providing the additional apertures and tab) in order to provide the concept of enhanced interlocking between apertures and tab along an edge between multiple elements in order to enhance the locking and thereby further protect the contents.
The Office notes Applicant’s amendment to claim 56 by including the subject matter previously and already considered in claim 57. The Combined Reference discloses the claimed invention above (including edges within bottom panels of Andre such as perimeters adjacent 6, 10) with the exception of the following which is disclosed by Graser: wherein the first cutaway is a first recess inset from an edge of the first bottom panel, and wherein the second cutaway is a second recess inset from an edge of the second bottom panel (as shown adjacent 27, 28). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Graser (by either replacing the existing apertures or providing the additional apertures and tab within the edge of the bottom panels) in order to provide the concept of enhanced interlocking between apertures and tab along an edge between multiple elements in order to enhance the locking and thereby further protect the contents.
The Combined Reference discloses:
57: wherein the first inner carrier is formed from a blank, wherein the edge of the first bottom panel is at an opposite end of the blank from the edge of the second bottom panel (as shown I fig 1 of Andrew with respect to panels adjacent 6, 10).
58. A package according to Claim 56, wherein the first cutaway is a first locking aperture defined in the first bottom panel, and wherein the second cutaway is a second locking aperture defined in the second bottom panel (the Office notes that the above features are provided in the bottom panels as provided in claim 56 above by the Office and the they are locking in that they provide the means for the device to lock).
Claim(s) 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over The Combined Reference as applied to claim 37 above, and further in view of Richards (3495704).
The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Richards: oblique fold line on inner carrier at a corner (fold along tapered neck of article; in other words the portion between 24a and 23 that is tapered and located at the neck of the article is an oblique fold line on an inner carrier at a corner). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Richards (by providing the above folds at a corner of Andre) in order to accommodate of another type of container such as a bottle neck. Though not required, the Office merely notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to modify a shape 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).
Potentially Allowable Subject Matter
The Office notes that Applicant has failed to include the previously allowed potentially allowable subject matter provided to Applicant in order to expedite prosecution for Applicant. The Office provides the below for Applicant’s convenience in order to further expedite prosecution for Applicant:
40. A package according to claim 38 comprising at least one first inner carrier and a second outer carrier, each of the at least one first inner carrier having a first tubular axis, the second outer carrier having a second tubular axis, and the second outer carrier being disposed, at least in part, on the outside of the first inner carrier such that the first and second tubular axes are substantially perpendicular, wherein the first inner carrier comprises a composite first bottom wall comprising more than one bottom panel and the second outer carrier comprises a composite second bottom wall comprising more than one bottom panel, wherein the second outer carrier comprises a locking tab formed in the second bottom wall and the first inner carrier comprises an aperture formed in the first bottomwall, the locking tab configured to mate with the aperture to form a connection between the first inner carrier and the second outer carrier, wherein the first inner carrier comprises a top panel having at least one slot therein for receiving a portion of at least one article;the package further comprising agroup of articles, wherein the at least one first inner carrier is of wraparound type and further comprises:first and second side panels, and two opposite open ends, wherein the first tubular axis extends between the two opposite open ends of the at least one first inner carrier and defines a longitudinal direction;wherein the second outer carrier is of wraparound type and further comprises:a second top panel, third and fourth side panels, and two opposite open ends, wherein the second tubular axis extends between the two opposite open ends of the second outer carrier;wherein the at least one first inner carrier is wrapped about thegroup of articles, wherein the second outer carrier is wrapped around the at least one first inner carrier andgroup of articles, andwherein the top panel of the at least one first inner carrier comprises: a first slot for receiving a portion of at least one article in a first row of articles, a second slot for receiving a portion of at least one article in a second row of articles, and a spacer keel disposed between the first and second rows of articles.
42. A package according to claim 38 wherein the top panel of the at least one first inner carrier comprises: a first slot for receiving a portion of at least one article in a first row of articles, a second slot for receiving a portion of at least one article in a second row of articles, the first and second slots extending transversely to the longitudinal direction, and a spacer keel disposed between the first and second rows of articles.
43. A package according to claim 42 wherein the spacer keel comprises a first portion defining in part the first slot and a second portion defining in part the second slot, the first and second portion being arranged to form a valley trough or "V" shape, the first portion being hinged to the second portion by a hinged connection.
Response to Arguments
Applicant's arguments filed 01/12/2026 have been fully considered but they are not persuasive. Applicant states that the prior art does not disclose the new intended use limitations added to claim 37. The Office notes Applicant’s amendment to the new limitation including a predetermined number of primary product containers throughout claim 37 and also including that the outer carrier is free of being disposed about any of primary product containers in excess of the predetermined number of primary product containers. The Office again notes that with respect to the “the group of articles including a predetermined number of primary product containers”, Applicant has selected language in the above that does not positive the intended contents and that the device is capable of performing the above intended use, such as holding articles. The Office further notes again that Applicant’s word choice of “group” and the can be the six items within the inner container of the prior art further showing that the device is capable of holding all of the articles of the group. The addition of the new limitation does not change the above. For example, “the group” of “primary product containers” may six items container therein and any other elements contained therein are part of a different collection or a additional collection of which is not part of the primary group.
Applicant then states that the prior art does not disclose the limitation removed from claim 57 and added to claim 56. The Office notes Applicant’s amendment to claim 56 by including the subject matter previously and already considered in claim 57. The Combined Reference discloses the claimed invention above (including edges within bottom panels of Andre such as perimeters adjacent 6, 10) with the exception of the following which is disclosed by Graser: wherein the first cutaway is a first recess inset from an edge of the first bottom panel, and wherein the second cutaway is a second recess inset from an edge of the second bottom panel (as shown adjacent 27, 28). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Graser (by either replacing the existing apertures or providing the additional apertures and tab within the edge of the bottom panels) in order to provide the concept of enhanced interlocking between apertures and tab along an edge between multiple elements in order to enhance the locking and thereby further protect the contents. As already provided to Applicant, “bottom” depends on the orientation of the device. 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