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 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 2-4 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 2 recites the limitation "the lid flap" in line 10. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily. Further, Examiner notes that line 13 defines, “the lid comprises a lid flap”. It is unclear if the lid flap of lines 10 and 13 are the same element or not.
Claims 3-4 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) 2-4 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abrams (US 2511523 A) in view of Grajales et al. (US 9878818 B2; hereinafter Grajales).
Regarding claims 2 and 11, Abrams discloses a self-locking carton comprising a storage compartment comprising a front panel (4); a lid (2) connected to the storage compartment comprising a lid flap (12) defining an underside and a tab (13-15); adhesive (20) applied to the underside of the lid flap; a slot (17/18) through the front panel of the storage compartment for removably receiving the tab for repeatedly closing the box without taping the box closed (see Figures 3-5). Abrams lacks double-sided tape as the adhesive on the underside of the lid tab.
Grajales discloses a tamper resistant box comprising a storage compartment comprising a front panel (106); a lid (122/164) connected to the storage compartment comprising a lid flap (122) defining an underside and a tab (Col 4 lines 1-17); double-sided tape (105) attached to the underside of the lid flap; a slot (107) through the front panel of the storage compartment for removably receiving the tab for repeatedly closing the box without taping the box closed (see Figures 2 and 10); the double-sided tape carrying a protective film allowing the tab to be removably inserted into the slot without adhering the lid flap to the front panel of the storage compartment; and wherein the protective film is removable from the double-sided tape for taping the lid flap to the front panel of the storage compartment to tape the box closed (Col 8 lines 3-17); wherein the lid comprises a lid flap; the lid flap defines a tab; the adhesive comprises double-sided tape carried on an underside of the tab; the storage compartment comprises a front panel; and the engagement comprises a slot through the front panel for removably receiving the tab. It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to use Grajales’s double-sided tape adhesive means as the adhesive needed for Abrams’s lid tab in order to provide adhesive that is selectively used and further provide tamper evident characteristics, as taught by Grajales. Examiner notes that Abrams contemplates using many different types of adhesive for the lid flap tab (Abrams; Col 4 lines 20-25).
Regarding claims 3-4 and 12-13, Abrams, as modified above, discloses a box wherein the storage compartment and lid are formed from a single piece of material foldable from a flat configuration to form the storage compartment and lid (Abrams; see Fig. 1).
Response to Arguments
Applicant’s arguments, see Pages 4-5, filed 08/19/2025, with respect to the rejection(s) of claim(s) 1-5 and 7-9 under USC 102(a)(1)—in view of Grajales have been fully considered and are persuasive. Grajales lacks the claimed tab and slot locking arrangement. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USC 103(a)—Abrams in view of Grajales.
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