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 Objections
Claim 1 is objected to because of the following informalities: Claim 1 line 20 recites, “...connected to a the second inner end panel…”. Appropriate correction is required.
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.
Claim 30 is 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. Claim 30 lines 19-20 recite, “…the second outer locking tab comprises an outer side end flap foldably connected…”. Examiner notes that the second outer locking tab (element 38) is completely separate from any of the side end flaps (elements 31-34; see Applicant’s Figure 4); therefore, it is unclear how the second outer locking tab comprises an outer side end flap, as claimed.
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, 7, and 29-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mack et al. (WO 2022101339 A1; hereinafter Mack).
Regarding claims 1, 7, and 29-30, Mack discloses a push-over box and blanks for making comprising an inner construct (see Figures 1-3) comprising a plurality of inner panels (see Fig. 1) extending at least partially around a first interior of the inner construct, wherein the inner construct comprises at least a first inner locking tab and a second inner locking tab (9/10); and an outer construct (see Figures 4-6) comprising a plurality of outer panels extending at least partially around a second interior of the outer construct, the inner construct being at least partially received in the second interior of the outer construct (see Figures 7-9), wherein the outer construct comprises at least a first outer locking tab and a second outer locking tab (33/34); wherein the second inner locking tab and the second outer locking tab cooperate to limit movement between the inner construct and the outer construct in a closed configuration of the carton (see Fig. 8), and, when the second inner locking tab has been disengaged from the second outer locking tab, one or both of the inner construct and the outer construct are movable from the closed configuration of the carton to an intermediate configuration in which the first inner locking tab and the first outer locking tab cooperate to limit movement between the inner construct and the outer construct, the plurality of inner panels comprises at least a first inner side panel (4), a second inner side panel (6), a first inner end panel (3), and second inner end panel (5), the second inner locking tab is foldably connected to the first inner end panel of the plurality of inner panels (10; see Fig. 1), the inner construct further comprises a third inner locking tab (13 or 14; Examiner considers elements 13 and 14 to be locking tabs) foldably connected to the second inner end panel of the plurality of inner panels opposite to the first inner end panel (see Fig. 1), and the third inner locking tab is spaced apart from the second outer locking tab (see Fig. 8); and wherein the first inner locking tab comprises an inner proximal section (9.1) foldably connected to an inner panel (via fold line 7) of the plurality of inner panels and an inner distal section (9.2) foldably connected to the inner proximal section along a first fold line (11), wherein the inner distal section is for being folded along the first fold line into face-to-face contact with the inner proximal section when the inner construct is formed from the first blank (see Fig. 2); the first outer locking tab comprises an outer proximal section (33.1) foldably connected to an outer panel of the plurality of outer panels (via fold 31) and an outer distal section (33.2) foldably connected to the outer proximal section along a second fold line (35), wherein the outer distal section is for being folded along the second fold line into face-to-face contact with the outer proximal section when the outer construct is formed from the second blank (see Fig. 5); and the first fold line of the first inner locking tab and the second fold line of the first outer locking tab are configured for engaging one another for resisting movement between the inner construct formed from the first blank and the outer construct formed from the second blank in the intermediate configuration of the carton formed from the first blank and the second blank (edges 42 and 44; see Fig. 8); and wherein the plurality of outer panels comprises a top panel (22) foldably connected to an outer side panel (23) and an outer end panel (24), the first outer locking tab is foldably connected to the outer side panel opposite to the top panel (see Fig. 4).
Allowable Subject Matter
Claims 5-6, 11-14, and 17-28 are allowed.
Claims 2-4, 8-10, and 16 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 16-18, filed 09/19/2025, with respect to the rejection(s) of claim(s) 1-2, 4, 8, 17-18, 20, and 23 under USC 102(a)(1)—in view of Bressan have been fully considered and are persuasive. Bressan lacks the inner locking tab construction, 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)-- Mack.
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
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