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 .
Response to Amendment
This office action is in response to the reply filed on 3/30/2026, wherein claims 1-2, 4, 15-16, 18, 29, 32, 43-44, 46, were amended, claims 3, 17, 31, 45 are cancelled, claims 57-59 are new. Claims 1-2, 4-16, 18-30, 32-44, 46-59 are pending. Claims 8-11, 13-14, 20-25, 27-28, 34-39, 41-42, 48-53, 55-56 are withdrawn.
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 1-2, 4-7, 12, 15-16, 18-19, 26, 29-30, 32-33, 40, 43-44, 46-47, 54, 57-59 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. The independent claim 1 states “attachment features positioned within the perimeter and arranged to at least partially engage one or more portions of a respective article of the two or more articles, the attachment features including a first attachment feature adjacent a second attachment feature, each of the first attachment feature and the second attachment feature comprising an article engagement flap including abase portion foldably connected to the at least one panel and a distal portion foldably connected to the base portion, wherein at least a portion of the base portion and at least a portion of the distal portion are arranged to be positioned in a recessed portion of a respective article of the two or more articles.” This statement is unsupported by the original disclosure. Specifically, the claim discusses attachment features that engage a singular article. The attachment features have an adjacent first and second attachment feature. Meaning, both the first and second attachment feature are adjacent and engage the same singular article. From figure 22, there is no adjacent attachment features that engage a singular article. Are items 139 and 141 the first and second attachment features? If so, these features attach to different articles. This is not taught by the independent claims. Further due to the language, the dependent claims contradict the independent claim. For example, claim 4 discusses different articles, when claim 1 clearly states a singular article.
Similarly, independent claim 15 states “a first attachment feature positioned adjacent to a second attachment feature, the attachment features for at least partially respectively engaging one or more portions of a respective article of the two or more articles when the construct is formed from the blank, each of the first attachment feature and second attachment feature comprising an article engagement flap including a base portion foldably connected to the at least one panel and a distal portion foldably connected to the base portion, wherein at least a portion of the base portion and at least a portion of the distal portion are arranged to be positioned in a recessed portion of a respective article of the two or more articles when the construct is formed from the blank.”. Claim 15 and dependents are rejected for the same reasoning.
Similarly, independent claim 29 states “attachment features positioned within the perimeter and including a first attachment feature positioned adjacent to a second attachment feature, each of the first attachment feature and the second attachment feature comprising an article engagement flap including a base portion foldably connected to the at least one panel and a distal portion foldably connected to the base portion; and positioning the at least one panel adjacent an interior of the construct such that each article engagement flap is arranged for being positioned respectively within a recessed portion a respective article of the two or more articles with at least a portion of the base portion and at least a portion of the distal portion are arranged to be positioned in a recessed portion of the respective article of the two or more articles.” Claim 29 and dependents are rejected for the same reasoning.
Similarly, independent claim 43 states “the attachment features including a first attachment feature adjacent a second attachment feature, each of the first attachment feature and the second attachment feature comprising an article engagement flap having a base portion foldably connected to the at least one panel and a distal portion foldably connected to the base portion, wherein at least a portion of the base portion and at least a portion of the distal portion are arranged to be within a recessed portion of a respective article of the two or more articles.” Claim 29 and dependents are rejected for the same reasoning.
This language is present throughout the independent claims and therefore the dependent claims are also rejected. Claims 1-2, 4-7, 12, 15-16, 18-19, 26, 29-30, 32-33, 40, 43-44, 46-47, 54, 57-59 are rejected.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-7, 12, 15-16, 18-19, 26, 29-30, 32-33, 40, 43-44, 46-47, 54, 57-59 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "a respective article of the two or more articles" in 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether or not this is intended to be a positive recitation or not. If this is not a positive recitation, then there is an antecedent issue. Claims 2, 4-7, 12, 57 directly or indirectly depend from claim 1 and are also rejected.
Claim 2 recites the limitation "a respective article of the two or more articles" in line 2. There is insufficient antecedent basis for this limitation in the claim. If this is the first positive recitation, the two or more articles need changing.
Claim 4 recites the limitation "the two or more articles" in line 1. There is insufficient antecedent basis for this limitation in the claim. It does not appear to be positively stated previously or is at least unclear if positively stated in claim 1.
Claim 15 recites the limitation "a respective article of the two or more articles" in line 14. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether or not this is intended to be a positive recitation or not. If this is not a positive recitation, then there is an antecedent issue. Claims 16, 18-19, 26, 58 directly or indirectly depend from claim 15 and are also rejected.
Claim 16 recites the limitation "a respective article of the two or more articles" in line 2. There is insufficient antecedent basis for this limitation in the claim. If this is the first positive recitation, the two or more articles need changing.
Claim 18 recites the limitation "the two or more articles" in line 1. There is insufficient antecedent basis for this limitation in the claim. It does not appear to be positively stated previously or is at least unclear if positively stated in claim 15.
Claim 18 recites the limitation "the second attachment" in line 7. There is insufficient antecedent basis for this limitation in the claim. Feature is missing.
Claim 29 recites the limitation "a respective article of the two or more articles" on the last line and multiple instances. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether or not this is intended to be a positive recitation or not. If this is not a positive recitation, then there is an antecedent issue. Claims 30, 32-33, 40, 59 directly or indirectly depend from claim 29 and are also rejected.
Claim 32 recites the limitation "the two or more articles" in line 1. There is insufficient antecedent basis for this limitation in the claim. It does not appear to be positively stated previously or is at least unclear if positively stated in claim 15.
Claim 43 recites the limitation "a respective article of the two or more articles" on the last line and multiple instances. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether or not this is intended to be a positive recitation or not. If this is not a positive recitation, then there is an antecedent issue. Claims 44, 46-47, 54 directly or indirectly depend from claim 43 and are also rejected.
Claim 44 recites the limitation "a respective article of the two or more articles" in line 2. There is insufficient antecedent basis for this limitation in the claim. If this is the first positive recitation, the two or more articles need changing.
Claim 46 recites the limitation "the two or more articles" in line 1. There is insufficient antecedent basis for this limitation in the claim. It does not appear to be positively stated previously or is at least unclear if positively stated in claim 43.
Claims 4, 18, 32, and 46 appear to be of improper dependent form and depend upon a canceled claim.
Claim Rejections - 35 USC § 102
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) 1-2, 4-7, 12, 15-16, 18-19, 26, 29-30, 32-33, 40, 43-44, 46-47, 54 and 57-59 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Toensmeier (US 2678767 A) view 1.
With respect to claim 1, Toensmeier view 1 discloses a construct for holding two or more, the construct comprising: at least one panel (19, 14) defining a perimeter and positioned adjacent an interior of the construct; and attachment features (17) positioned within the perimeter and arranged to at least partially engage one or more portions of a respective article of the two or more articles, the attachment features including a first attachment feature adjacent a second attachment feature, each of the first attachment feature and the second attachment feature comprising an article engagement flap (17) including a base portion (central portion of 17) foldably connected to the at least one panel and a distal portion (portion of 17 outside of crease 18) foldably connected to the base portion, wherein at least a portion of the base portion and at least a portion of the distal portion are arranged to be positioned in a recessed portion of a respective article of the two or more articles.
Examiner Note: Can consider top half of 17 as the first attachment feature and can consider bottom half of 17 as the second attachment feature. Alternatively, one could consider separate 17s, as 112a new matter rejection above, indicates undisclosed teachings of the claims that leads to an unclear interpretation.
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With respect to claim 2, Toensmeier view 1 discloses the construct of claim 1, wherein the distal portion includes a distal end (perimeter of 17 outside of crease 18) arranged to abut a rim of a respective article of the two or more articles.
With respect to claim 4, Toensmeier view 1 discloses the construct of claim 3, wherein the two or more articles (23) includes a first article of and a second article for being held by the construct, the first attachment feature comprises a first article engagement flap (17) foldably connected to the at least one panel (14,19) and for being positioned in a recessed portion of the first article, and the second attachment feature comprises a second article engagement flap (another 17) foldably connected to the at least one panel and for being positioned in a recessed portion of another article of the plurality of articles. (can use any interpretation of 17 indicated above because “for being positioned” indicates intended function and not an actual configuration).
With respect to claim 5, Toensmeier view 1 discloses the construct of claim 2, wherein the at least one panel (19, 14) is at least one bottom attachment panel.
With respect to claim 6, Toensmeier view 1 discloses the construct of claim 5, wherein the construct further comprises at least one top panel (13).
With respect to claim 7, Toensmeier view 1 discloses the construct of claim 6, wherein the construct further comprises a front panel (12) and a back panel (12) each extending from the at least one top panel (13) to the at least one bottom attachment panel (19,14).
With respect to claim 12, Toensmeier view 1 discloses the construct of claim 5, wherein the construct further comprises a front panel (12), a back panel (12), and at least one side panel (13) extending from the front panel to the back panel.
With respect to claim 15, Toensmeier view 1 discloses a blank for forming a construct for holding two or more articles, the blank comprising: at least one panel (14, 19) having a perimeter and for being positioned adjacent an interior of the construct formed from the blank; and attachment features (17) positioned within the perimeter and including a first attachment feature (central portion of 17) positioned adjacent to a second attachment feature (outer portions of 17s), the attachment features for at least partially respectively engaging one or more portions of a respective article of the two or more articles when the construct is formed from the blank, each of the first attachment feature and second attachment feature comprising an article engagement flap including a base portion (central portion of 17) foldably connected to the at least one panel (14) and a distal portion (portion of 17 outside of crease 18) foldably connected to the base portion, wherein at least a portion of the base portion and at least a portion of the distal portion are arranged to be positioned in a recessed portion of a respective article of the two or more articles when the construct is formed from the blank.
Examiner Note: Can consider top half of 17 as the first attachment feature and can consider bottom half of 17 as the second attachment feature. Alternatively, one could consider separate 17s, as 112a new matter rejection above, indicates undisclosed teachings of the claims that leads to an unclear interpretation.
With respect to claim 16, Toensmeier view 1 discloses the blank of claim 15, wherein the distal portion includes a distal end (perimeter of 17 outside of crease 18) arranged to abut a rim of a respective article of the two or more articles.
With respect to claim 18, Toensmeier view 1 discloses the blank of claim 17, wherein two or more one articles (23) includes a first article and a second article for being held by the construct formed from the blank, the first attachment feature comprises a engagement flap (17) is a first article engagement flap foldably connected to the at least one panel (14) and for being positioned in a recessed portion of the first article when the construct is formed from the blank, and the second attachment comprises a second article engagement flap (another 17) foldably connected to the at least one panel (14,19) and for being positioned in a recessed portion of the second article when the construct is formed from the blank. (can use any interpretation of 17 indicated above because “for being positioned” indicates intended function and not an actual configuration).
With respect to claim 19, Toensmeier view 1 discloses the blank of claim 16, wherein the at least one panel (19, 14) is at least one bottom attachment panel.
With respect to claim 26, Toensmeier view 1 discloses the blank of claim 19, wherein the blank further comprises a front panel (12), a back panel (12), and at least one side panel (13) for extending from the front panel to the back panel when the construct is formed from the blank.
With respect to claim 29, Toensmeier view 1 discloses a method of forming a construct for holding two or more articles, the method comprising: obtaining a blank comprising at least one panel (14, 19) having a perimeter and attachment features (17, outer/central portions) positioned within the perimeter and including a first attachment feature positioned adjacent to a second attachment feature (17, outer/central portions), each of the first attachment feature and the second attachment feature comprising an article engagement flap including a base portion foldably connected to the at least one panel and a distal portion foldably connected to the base portion; and positioning the at least one panel (14, 19) adjacent an interior of the construct such that each article engagement flap (17) is arranged for being positioned respectively within a recessed portion a respective article of the two or more articles with at least a portion of the base portion and at least a portion of the distal portion are arranged to be positioned in a recessed portion of the respective article of the two or more articles.
Examiner Note: Can consider top half of 17 as the first attachment feature and can consider bottom half of 17 as the second attachment feature. Alternatively, one could consider separate 17s, as 112a new matter rejection above, indicates undisclosed teachings of the claims that leads to an unclear interpretation.
With respect to claim 30, Toensmeier view 1 discloses the method of claim 29, further comprising positioning the base portion (central portion of 17) extending obliquely away from the at least one panel (14, 19).
With respect to claim 32, Toensmeier view 2 discloses the method of claim 31, wherein the two or more articles is a first article and a second article, the first attachment features comprises a first article engagement flap (portion of 17) foldably connected to the at least one panel and for being positioned in a recessed portion of the first article, and the second attachment feature comprises a second article engagement flap (another 17) foldably connected to the at least one panel and for being positioned in a recessed portion of the second article. (can use any interpretation of 17 indicated above because “for being positioned” indicates intended function and not an actual configuration).
With respect to claim 33, Toensmeier view 1 discloses the method of claim 30, wherein the at least one panel (14) is at least one bottom attachment panel.
With respect to claim 40, Toensmeier view 1 discloses the method of claim 33, wherein the blank further comprises a front panel (12), a back panel (12), and at least one side panel (13) extending from the front panel to the back panel.
With respect to claim 43, Toensmeier view 1 discloses a package, the package comprising: two or more articles (23); and a construct holding the two or more articles, the construct comprising: at least one panel (14, 19) defining a perimeter and positioned adjacent an interior of the construct; and attachment features positioned within the perimeter and arranged to at least partially engage one or more portions of a respective article of the two or more articles, the attachment features including a first attachment feature adjacent a second attachment feature, each of the first attachment feature and the second attachment feature comprising an article engagement flap (17) having a base portion (17 central portion) foldably connected to the at least one panel (14) and a distal portion (17 portion outside of crease 18) foldably connected to the base portion, wherein at least a portion of the base portion (17 central portion) and at least a portion of the distal portion (17 portion outside of crease 18) are arranged to be within a recessed portion of a respective article of the two or more articles (23).
Examiner Note: Can consider top half of 17 as the first attachment feature and can consider bottom half of 17 as the second attachment feature. Alternatively, one could consider separate 17s, as 112a new matter rejection above, indicates undisclosed teachings of the claims that leads to an unclear interpretation.
With respect to claim 44, Toensmeier view 1 discloses the package of claim 43, wherein the distal portion includes a distal end (perimeter of 17 outside of crease 18) arranged to abut a rim of a respective article of the two or more articles.
With respect to claim 46, Toensmeier view 1 discloses the package of claim 45, wherein the two or more articles (23) includes a first article and a second article, the first attachment feature comprises a first article engagement flap (17) foldably connected to the at least one panel and positioned in a recessed portion of the first article, and the second attachment feature comprises a second article engagement flap (17) foldably connected to the at least one panel and positioned in a recessed portion of the second article. (can use any interpretation of 17 indicated above because “for being positioned” indicates intended function and not an actual configuration).
With respect to claim 47, Toensmeier view 1 discloses the package of claim 44, wherein the at least one panel (14, 19) is at least one bottom attachment panel.
With respect to claim 54, Toensmeier view 1 discloses the package of claim 47, wherein the construct further comprises a front panel (12), a back panel (12), and at least one side panel (13) extending from the front panel to the back panel.
With respect to claim 57, Toensmeier view 1 discloses the construct of claim 4, wherein the distal portion of the first article engagement flap abuts the distal portion of the second article engagement flap. (under the view of top/bottom of 17 as the first and second article flaps, these edges border each other)
Examiner Note: Abut means to “border on: touch along an edge” as defined by Merriam-Webster.
With respect to claim 58, Toensmeier view 1 discloses the blank of claim 18, wherein the distal portion of the first article engagement flap abuts the distal portion of the second article engagement flap. (under the view of top/bottom of 17 as the first and second article flaps, these edges border each other)
Examiner Note: Abut means to “border on: touch along an edge” as defined by Merriam-Webster.
With respect to claim 29, Toensmeier view 1 discloses the method of claim 32, wherein the distal portion of the first article engagement flap abuts the distal portion of the second article engagement flap. (under the view of top/bottom of 17 as the first and second article flaps, these edges border each other)
Examiner Note: Abut means to “border on: touch along an edge” as defined by Merriam-Webster.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-3083825-A OR US-3073440-A OR US-2931492-A OR US-5452799-A OR US-12103751-B2 OR US-9776750-B2 OR US-8469184-B2 OR US-8387784-B2 OR US-8096413-B2 OR US-5328024-A OR US-5058735-A OR US-20060157545-A1 OR US-20240367879-A1 OR US-20240425233-A1 OR US-20240391670-A1 OR US-20230391524-A1 OR US-20210276776-A1 OR US-20150239628-A1 OR US-20150191284-A1.
Response to Arguments
Applicant's arguments filed 3/30/2026 have been fully considered but they are not persuasive. Applicant believes that the prior art does not disclose the amended structure. However it is believed that the present application does not teach or depict the amended material. Refer to the 112a above. The amendments disclose adjacent attachment features that engage a singular article of the two or more articles. However, the present invention does not have adjacent attachment features engaging a singular article (if considering 139 and 141 as the attachment features). Further the claim language is broad such that a singular attachment feature can be split into a top and adjacent bottom portion for the “first” and “second” attachment feature.
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 extension fee 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.
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/S.K.S./Examiner, Art Unit 3735
/ERNESTO A GRANO/Primary Examiner, Art Unit 3735
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