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 .
This Office Action acknowledges the applicant’s amendment filed on 6/25/2025. Claims 1-6, 8-24, 26-33, 35-45 and 47-48 are pending in the application. Claims 7, 25, 34, 46 and 49-67 are cancelled. Claims 42-45 and 47-48 are withdrawn from consideration.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
Claim Rejections - 35 USC § 112
Claims 1-6 and 8-19 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 first inner opening (shown above) defined in the inner side panel and positioned to at least partially receive a first flange of the first container such that an inner engagement edge defining a portion of the first inner opening is arranged to abut a bottom surface of the first flange”. Claim 1 is considered indefinite because it raises the question of whether the intention is to claim the combination of the plurality of containers with the carrier, as opposed to whether the intent is to claim the subcombination of the carrier only, and since claim 1 line 1 appears to indicate that the subcombination is claimed “A carrier for at least partially holding a plurality of containers”, this office action presumes that the intention is to claim only the subcombination of the carrier, in order to give the claims their broadest reasonable interpretation. Therefore all references in the claims 2-6 and 8-19 to any plurality of containers and it’s structures are considered to be only statements of intended use with regards to the claimed carrier. Claims 2-6 and 8-19 are rejected due to their dependency on claim 1.
Claim Rejections - 35 USC § 103
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Claim(s) 1-6 and 8-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graser US 3,767,041 in view of Jones et al. US 2011/0284623 A1, both previously presented.
With regards to claim 1, Graser (Figs. 1-7) discloses carrier for at least partially holding a plurality of containers, the carrier comprising:
a plurality of panels comprising a bottom panel 1, an outer side panel 2 foldably connected to the bottom panel, a top panel 8 foldably connected to the outer side panel, an inner side panel 16 foldably connected to the top panel, and a central panel 12 foldably connected to the inner side panel;
a first container receiving opening 20 positioned in the bottom panel, the first container receiving opening arranged to at least partially receive a first container of the plurality of containers;
a first inner opening (at 33) defined in the inner side panel and positioned to at least partially receive a first flange of the first container such that an inner linear engagement edge defining a portion of the first inner opening is arranged to abut a bottom surface of the first flange (depending on the size and type of container to be held); and
wherein the bottom panel includes a first brace linear flap 22 having a first brace linear engagement edge disposed at a first region of the first container receiving opening and a second brace flap 22 having a second brace linear engagement edge disposed opposite of the first brace linear engagement edge, wherein the first brace linear engagement edge and the second brace linear engagement edge are each positioned perpendicular to the inner linear engagement edge.
Graser discloses an outer side panel but it does not specifically disclose a first outer opening defined in the outer side panel and positioned to at least partially receive the first flange of the first container such that an outer linear engagement edge defining a portion of the first outer opening is arranged to abut the bottom surface of the first flange.
However, Jones discloses a carrier having a plurality of panels comprising a first outer opening 141 defined in the outer side panel 113 and positioned to at least partially receive the first flange of the first container such that an outer linear engagement edge defining a portion of the first outer opening is arranged to abut the bottom surface of the first flange.
The inventions of Graser and Jones are both drawn to the field of containers that are capable of holding items such as bottle containers. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the outer side panel in Graser by providing outer opening and outer engagement edge as taught by Jones for the purposes of allowing the carrier to conform around the container bottle.
With regards to claim 2, Graser (Figs. 1-7) discloses the inner side panel 16 is a first inner side panel, and wherein the plurality of panels further comprises a second inner side panel 19, a second inner opening (at 34) extending in the second inner side panel for at least partially receiving a second flange of a second container.
With regards to claim 3, Graser (Figs. 1-7) discloses the plurality of panels further comprising an end flap 17 foldably connected to the central panel 12, a free edge of the end flap arranged to engage the second flange of the second container at least partially received in a second container receiving opening positioned in the bottom panel 1, wherein the central panel extends at least partially between the first container receiving opening and the second container receiving opening and wherein the end flap 17 and the second inner side panel 19 are at least partially overlapped. (Fig. 2)
With regards to claim 4, Graser discloses the outer side panel 2 is a first outer side panel and wherein the plurality of panels further comprises a second outer side panel 3 but it does not specifically disclose a second outer opening extending in the second outer side panel for at least partially receiving the second flange of the second container such that a second outer engagement edge defining a portion of the second outer opening is arranged to abut a bottom surface of the second flange.
However, Jones discloses a carrier having a plurality of panels comprising a second outer opening 141 extending in the second outer side panel 117 for at least partially receiving the second flange of the second container such that a second outer engagement edge defining a portion of the second outer opening is arranged to abut a bottom surface of the second flange.
The inventions of Graser and Jones are both drawn to the field of containers that are capable of holding items such as bottle containers. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the second outer side panel in Graser by providing a second outer opening and outer engagement edge as taught by Jones for the purposes of allowing the carrier to conform around the container bottle.
With regards to claim 5, Graser discloses at least a portion of the first inner side panel 16 extends from the first inner opening to the bottom panel 1 and at least a portion of the second inner side panel 19 extends from the second inner opening to the bottom panel 1. (Fig. 2)
With regards to claim 6, Graser discloses a third brace flap 23 bordering the second container receiving opening is foldably connected to the bottom panel, the third brace flap being for engaging the second flange of the second container. (Fig. 2)
With regards to claim 8, Graser discloses a fourth brace flap borders the second container receiving opening, the fourth brace flap 23 being for engaging the second flange of the second container.
With regards to claim 9, Graser discloses each of the third and fourth brace flaps 23 is foldably connected to the bottom panels on opposite sides of the second container receiving opening from one another.
With regards to claim 10, Graser discloses the first and second brace flaps 22 are spaced apart from the inner side panel 16 and the outer side panel 2.
With regards to claim 11, the combination of Graser in view of Jones discloses at least a portion of the inner side panel 16 extends from the inner engagement edge (at 33) to the bottom panel 1 and at least a portion of the outer side panel 2 extends from the outer engagement edge (taught by Jones) to the bottom panel.
With regards to claim 12, Graser discloses the outer side panel 2 is a first outer side panel, the top panel 8 is a first top panel, and the inner side panel 16 is a first inner side panel, wherein the plurality of panels further comprises a second outer side panel 3 foldably connected to the bottom panel 1, a second top panel 9 foldably connected to the second outer side panel, and a second inner side panel 19 foldably connected to the top panel. (Fig. 2)
With regards to claim 13, Graser discloses the inner opening (shown above) is a first inner opening, a second inner opening extends in the second inner panel 19 for at least partially receiving a second flange of a second container but it does not specifically disclose the outer opening is a first outer opening, and a second outer opening extends in the second outer panel for at least partially receiving the second flange of the second container.
However, Jones teaches it was known in the art to have a carrier have an
outer opening 141 is a first outer opening, and a second outer 141 opening extends in the second outer panel 117 for at least partially receiving the second flange of the second container
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the outer side panel in Graser by providing a first and second outer opening as taught by Jones for the purposes of allowing the carrier to conform around the container bottles.
With regards to claims 14 , the combination of Graser in view of Jones discloses at least a portion of each of the first inner side panel 16, the second inner side panel 19, the first outer side panel 2, and the second outer side panel 3 extends from the bottom panel 1 to the respective first inner opening (Graser; shown above), second inner opening (Graser; shown above), first outer opening (141; Jones), and second outer opening (141; Jones).
With regards to claim 15, Graser discloses a third brace flap 23 bordering the second container receiver opening is foldably connected to the bottom panel 1, the third brace flap being for engaging a second flange of a second container.
With regards to claim 16, Graser discloses the first brace flap 22 is spaced apart from the first inner side panel 16 and the first outer side panel 2, and the third brace flap 23 is spaced apart from the second inner side panel 19 and the second outer side panel 3.
With regards to claim 17, Graser discloses a handle 28/28’/29/37 at least partially defined in the central panel and the bottom panel.
With regards to claim 18, Graser discloses the handle 28/28’/29/37 comprises a handle flap 37 foldably connected to the central panel 12 and a handle opening 28/29 at least partially defined in the bottom panel 1, and wherein the handle flap is at least partially received through the handle opening.
With regards to claim 19, Graser discloses a retaining tab 38 foldably connected to the central panel 12 and a retaining aperture (at 30) at least partially defined in the bottom panel, the retaining tab being at least partially received through the retaining aperture for resisting relative movement between the central panel and the bottom panel.
Claim(s) 20-24 and 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over unpatentable over Graser US 3,767,041 in view of Jones et al. US 2011/0284623 A1, both previously presented.
With regards to claim 20, Graser (Figs. 1-7) discloses a package comprising a carrier at least partially holding a plurality of containers, the carrier comprising: a plurality of panels comprising a bottom panel 1, an outer side panel 2 foldably connected to the bottom panel, a top panel 8 foldably connected to the outer side panel, an inner side panel 16 foldably connected to the top panel, a central panel 12 foldably connected to the inner side panel; a first container receiving opening (at 20) positioned in the bottom panel, the first container receiving opening arranged to at least partially receive a first container of the plurality of containers; a first inner opening (at 33) defined in the inner side panel and positioned to at least partially receive a first flange of the first container such that an inner linear engagement edge defining a portion of the first inner opening is arranged to abut a bottom surface of the first flange; wherein the bottom panel includes a first brace flap 22 having a first brace linear engagement edge disposed at a first region of the first container receiving opening and a second brace flap 22 having a second brace linear engagement edge disposed opposed of the first brace linear engagement edge, wherein the first brace linear engagement edge and the second brace linear engagement edge are each positioned perpendicular to the inner linear engagement edge. (Fig. 2, col 3 ll.57-61, col 6 ll.14-31)
Graser does not specifically disclose a first outer opening defined in the outer side panel and positioned to at least partially receive the first flange of the first container such that an outer linear engagement edge defining a portion of the first outer opening is arranged to abut the bottom surface of the first flange.
See claim 1, for Jones teaching of the outer openings.
With regards to claim 21, treated as in claim 2 above.
With regards to claim 22, treated as in claim 3 above.
With regards to claim 23, treated as in claim 4 above.
With regards to claim 24, treated as in claim 6 above.
With regards to claim 26, Graser discloses a fourth brace flap 23 borders the second container receiving opening (at 21), the fourth brace flap 7 is foldably connected to the bottom panels 1 on an opposite side of the second container receiver from the third brace flap, each of the third and fourth brace flaps engaging the second flange of the second container.
With regards to claim 27, Graser (Fig. 2) discloses the outer side panel 2 is a first outer side panel, the top panel 8 is a first top panel, and the inner side panel 16 is a first inner side panel, wherein the plurality of panels further comprises a second outer side panel 3 foldably connected to the bottom panel 1, a second top panel 9 foldably connected to the second outer side panel, and a second inner side panel 19 foldably connected to the top panel, and wherein the first top panel extends at least partially over the first container and the second top panel extends at least partially over the second container.
With regards to claim 28, treated as in claim 13 above.
With regards to claim 29, treated as in claim 15 above.
Claim(s) 30-33 and 35-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graser US 3,767,041 in view of Jones et al. US 2011/0284623 A1, both previously recited.
With regards to claim 30, Graser (Fig. 1) discloses a blank for forming a carrier for at least partially holding a plurality of containers, the blank comprising: a plurality of panels comprising a bottom panel 1, an outer side panel 2 foldably connected to the bottom panel, a top panel 8 foldably connected to the outer side panel, an inner side panel 16 foldably connected to the top panel, and a central panel 12 foldably connected to the inner side panel; a first container receiving opening (at 20) positioned in the bottom panel, the first container receiving opening arranged to at least partially receive a first container of the plurality of containers when the carrier is formed from the blank; a first inner opening (when flap 32 is separated from 33) defined in the inner side panel and positioned to at least partially receive a first flange of the first container such that an outer liner engagement edge defining a portion of the first outer opening is arranged to abut the bottom surface of the first flange when the carrier is formed from the blank; and
wherein the bottom panel includes a first brace flap 22 having a first brace linear engagement edge disposed at a first region of the first container receiving opening and a second brace flap 22 having a second brace linear engagement edge disposed opposite of the first brace linear engagement edge wherein the first brace linear engagement edge and the second brace linear engagement edge are each positioned perpendicular to the inner engagement edge when the carrier is formed from the blank.
Graser discloses an outer side panel but it does not specifically disclose a first opening defined in the outer side panel and positioned to at least partially receive the first flange of the first container such that an outer liner engagement edge defining a portion of the first outer opening is arranged to abut the bottom surface of the first flange
See claim 1, for Jones teaching of the outer openings.
With regards to claim 31, Graser discloses the inner side panel 16 is a first inner side panel, and wherein the plurality of panels further comprises a second inner side panel 19, a second inner opening extending in the second inner side panel for at least a second flange of a second container when the carrier is formed from the blank.
With regards to claim 32, Graser in view of Jones discloses the outer side panel 16 is a first outer side panel and wherein the plurality of panels further comprise a second outer side panel 3, a second outer opening (141; taught by Jones) extending in the second outer side panel for at least partially receiving the and second container such that a second outer engagement edge defining a portion of the second outer opening is arranged to abut a bottom surface of the second flange when the carrier is formed from the blank.
With regards to claim 33, Graser discloses third brace flap 23 bordering the second container receiving opening is foldably connected to the bottom panel 1, the third brace flap being for engaging the second flange of the container when the carrier is formed from the blank.
With regards to claim 35, Graser discloses a fourth brace flap 23 borders the second container receiving opening 21, the fourth brace flap being for engaging the second flange of the second container when carrier is formed from the blank.
With regards to claim 36, Graser discloses each of the third and fourth brace flaps 23 is foldably connected to the bottom panel 1 on the opposite sides of the second container receiving opening from one another.
With regards to claim 37, Graser discloses the outer side panel 2 is a first outer side panel, the top panel 8 is a first top panel, and the inner side panel 16 is a first inner side panel, wherein the plurality of panels further comprises a second outer side panel 3 foldably connected to the bottom panel 1, a second top panel 9 foldably connected to the second outer side panel, and a second inner side panel 19 foldably connected to the top panel.
With regards to claim 38, treated as in claim 13 above. Additionally, Regarding the limitations “when the carrier is formed from the blank”, per MPEP 2111.04-II, the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur, as is the case here. Specifically, the modified blank of Graser comprises all the required structure, and thus would be capable of meeting the claimed limitations “when the carrier is formed from the blank”.
With regards to claim 39, treated as in claim 6 above. Regarding the limitations “when the carrier is formed from the blank”, per MPEP 211.04-II, the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur, as is the case here. Specifically, the modified blank of Graser comprises all the required structure, and thus would be capable of meeting the claimed limitations “when the carrier is formed from the blank”.
With regards to claim 40, Graser discloses a handle flap 28’/37 foldably connected to the central panel 12 and a handle opening 28/29 at least partially defined in the bottom panel 1, wherein the handle flap is for being at least partially received through the handle opening when the carrier is formed from the blank. Regarding the limitations “when the carrier is formed from the blank”, per MPEP 211.04-II, the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur, as is the case here. Specifically, the modified blank of Graser comprises all the required structure, and thus would be capable of meeting the claimed limitations “when the carrier is formed from the blank”.
With regards to claim 41, Graser discloses a retaining tab 38 foldably connected to the central panel 12 and a retaining aperture (at 30) at least partially defined in the bottom panel 1, wherein the retaining tab is for being at least partially received through the retaining aperture for resisting relative movement between the central panel and the bottom panel when the carrier is formed from the blank. Regarding the limitations “when the carrier is formed from the blank”, per MPEP 211.04-II, the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur, as is the case here. Specifically, the modified blank of Graser comprises all the required structure, and thus would be capable of meeting the claimed limitations “when the carrier is formed from the blank”.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6, 8-24, 26-33 and 35-41 have been considered but are moot because of a new ground of rejection. However in response the Applicants remarks that Graser and Jones do not disclose “a first brace flap having a first brace linear engagement edge disposed at a first region of the first container receiving opening and a second brace flap having a second brace linear engagement edge disposed opposite of the first brace linear engagement edge, wherein the first brace linear engagement edge and the second brace linear engagement edge are each positioned perpendicular to the inner linear engagement edge”. Although Graser includes a plurality of flaps around the container openings, as shown in the annotated drawings above, Graser does disclose a first brace linear engagement edge disposed at a first region of the first container receiving opening and a second brace flap having a second brace linear engagement edge disposed opposite of the first brace linear engagement edge, wherein the first brace linear engagement edge and the second brace linear engagement edge are each positioned perpendicular to the inner linear engagement edge.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JENINE PAGAN whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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/JENINE SPICER/Examiner, Art Unit 3736 /ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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