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 .
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
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) 1-4, 7-10, and 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bemiss (US 3866816 A).
Regarding claims 1-3, 7-8, and 14-20, Bemiss discloses a boilable bakeable package and method comprising a first end structure defining a first opening (top opening covered by 21; see Fig. 3) therein, the first end structure being configured to receive a first cover (21) positioned on the first end structure and extending across the first opening; a second end structure (bottom 51) positioned opposite the first end structure and defining a second opening (53) therein, the second opening extending through the second end structure, and the second end structure being configured to receive a second cover (52; see Fig. 5) positioned and adhered on the second end structure and extending across the second opening (Col 4 lines 5-15); two opposing side walls (54) coupled to the second end structure along a respective first set of fold lines (see Fig. 7), the two opposing side walls extending from the second end structure to the first end structure; two opposing end walls (56) coupled to the second end structure along a respective second set of fold lines, wherein at least one of the two opposing end walls extends obliquely relative to the second end structure and taper outwards from the second end structure (see Figures 1-10; Examiner notes that the walls of the package are trapezoidal).
Regarding claims 4 and 12-13, Bemiss discloses a packaging wherein the container is positionable on a support structure in both a top-up (e.g. Fig. 3 orientation) orientation and a bottom-up orientation (e.g. Fig. 5 orientation), wherein, in the top-up orientation, the second end structure is positioned in face-to-face contact with the support structure and the goods are visible through the first cover over the first opening from a perspective above the container, and wherein, in the bottom-up orientation, the first end structure is positioned in face-to-face contact with the support structure and the goods are visible through the second cover over the second opening from the perspective above the container. Examiner notes that Bemiss’s containers are capable of being placed next to one another on a shelf alternating the orientation (i.e. first one right-side up, next bottom-up, and so on).
Regarding claim 9, Bemiss discloses a packaging wherein the second end structure, two opposing side walls, and two opposing end walls collectively define a cavity of the container for receiving a product therein, the cavity further configured to receive a portion of an adjacent container therein to facilitate stacking the adjacent container within the container (see Figures 1-2), and wherein the container further includes a denesting assembly (16; Examiner notes that denesting element 16 is formed between two cuts and by three folds; see Fig. 1) configured to engage the adjacent container when received within the cavity of the container such that a flange of the adjacent container is spaced from the flange of the container (see Fig. 2).
Allowable Subject Matter
Claims 5-6 and 11 are 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.
Response to Arguments
Applicant’s arguments, see Pages 7-15, filed 01/28/2026, with respect to the rejection(s) of claim(s) 1-3, 7-8, and 17 under USC 103(a)—in view of Zwaga and Matsumura have been fully considered and are persuasive. The combination lacks top and bottom openings (e.g. windows) as claimed. 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)--Bemiss.
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.
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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