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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 8-10, 15-18, and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Independent claims 1 and 15 have been amended to recite that “each of the plurality of partitions are connected to a side wall by a respective partition connecting tab” [Claim 1 lines 17-18 and Claim 15 lines 17-19]. Applicant notes that Applicant’s Specification does not support this new limitation as defined partition panels exist that do not have connecting tabs attached thereto (e.g. partition panels 1160, 1791, and 1191). For purposes of examining the claims on the merits, Examiner maintains the claim interpretation previously set forth.
Claims 2-6, 8-10, 16-18, and 20 fail to cure the deficiencies.
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) 1-6, 10, and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bakx (US 6189687 B1) in view of Harrelson (US 5645162 A).
Regarding claims 1 and 15, Bakx discloses an article carrier and blank therefor comprising a side shell for forming walls of the carrier, the side shell comprising a plurality of side walls (14/16/18/20/22/24/26) wherein together the plurality of side walls comprise a functionally seamless side wall outer surface (see Fig. 2; Examiner considers Bakx’s carrier to be functionally seamless) wherein the side wall outer surface is folded only at a plurality of side wall creases configured to form corners (30/32/36/38); and wherein one of the side walls further comprises a side shell connecting tab (12) that comprises material beyond the side wall area (see Fig. 1), wherein the side shell terminates at a first end in a side shell edge and at a second end in a side shell connecting tab crease; a handle comprising two handle panels (54/68); a plurality of partitions (P; see Fig. 2) for forming a plurality of compartments by dividing an inside space of the package wherein each partition is contiguous with a handle panel of the package and wherein at least two of the plurality of partitions are connectable to a side wall by a partition connecting tab (102/141/135), wherein the partition connecting tab is rotatably connected to the partition at a partition connecting tab crease (106/142/136). Bakx lacks a bottom formed from an auto-bottom construction.
Harrelson teaches a basket-style carrier with automatic bottom and reinforced handle comprising a plurality of bottom panels(51/52/53/54/56/57), wherein the bottom panels are auto-bottom panels for forming an auto-bottom (Col 1 lines 60-65), and wherein each bottom panel is connected to a respective side wall of the plurality of side walls by a bottom panel crease (B; see Fig. 1). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Bakx’s carrier to have an auto-bottom construction in order to increase the strength of the carrier (Harrelson; Col 2 lines 15-30).
Regarding claims 2, 4, 10, and 16, Bakx, as modified above, discloses a carrier and blank for making further comprising at least one securing medium for securing the package in an open configuration (Bakx; Col 3 lines 60-65).
Regarding claims 3 and 17, Bakx, as modified above, discloses a carrier and blank for making wherein the at least one side shell connecting tab is rotatably connected to the side shell by the side shell connecting tab crease; and wherein the side shell connecting tab is secured to an interior surface of the side wall by at least one securing medium; and wherein the side shell connecting tab crease and the side wall edge are substantially collocated (Bakx; Col 4 lines 5-15).
Regarding claim 5, Bakx, as modified above, discloses a carrier and blank for making wherein the plurality of partitions includes a first partition and second partition, the first partition rotatably connected on a first side to the side shell connecting tab by at least the side wall crease and on a second side to the second partition by a partition crease (Bakx; Col 3 lines 15-35).
Regarding claims 6 and 18, Bakx, as modified above, discloses a carrier and blank for making further comprising one or more handles (Bakx; H; see Figures 1-3).
Claim(s) 8-9 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bakx in view of Harrelson as applied to claim 1 above, and further in view of Wilkins et al. (US 9061809 B2; hereinafter Wilkins).
Regarding claims 8-9 and 20, Bakx, as modified above, discloses the claimed invention except for the container being made of cardboard and an outside surface comprising artwork. Wilkins teaches a basket carrier with integral partitions and an automatic-bottom construction wherein said carrier is made of cardboard and comprises printed indicia (i.e. artwork) on an exterior surface (Col 10 lines 10-30). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to further modify Bakx’s container to be made of cardboard, as a known substitution of materials in the art of foldable partitioned carriers; and further provide said container with printed indicia on an exterior surface in order to provide advertising, as taught by Wilkins.
Response to Arguments
Applicant's arguments filed 11/17/2025 have been fully considered but they are not persuasive. Applicant argues that the prior art fails to teach a plurality of partitions wherein “each” of the plurality of partitions are further connected to a side wall by a partition connecting tab.
-Examiner cannot find support for this argument within Applicant’s Specification, therefore, the metes and bounds of the argument are not readily understood. Examiner considers the prior art to indeed disclose partitions with partition connecting tabs (Bakx; 102/141/135) for connecting the partitions to a side wall of the container.
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 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.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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