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 § 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, 14, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muise (US 4526315 A).
Regarding claims 1 and 14, Muise discloses a tray with partitions and a blank for making formed from sidewalls comprising a plurality of panels extending at least partially around an interior of the tray, the plurality of panels comprising a front panel (14), a bottom panel (11), a back panel (14; see Figures 1-2), a hinge panel (23), and a divider panel (22), wherein the hinge panel is partially separable from the bottom panel at a cut (29) that interrupts a fold line (21 and 13; see Fig. 1), wherein the hinge panel is partially foldably connected (via 28) to the bottom panel; a plurality of end flaps (32/35), each end flap of the plurality of end flaps foldably connected to a respective panel of the plurality of panels (via folds 20 and 33); and divider features forming at least one divider wall extending in the interior of the tray to form a plurality of compartments in the interior of the tray (see Figures 2-3), the divider features comprising the divider panel, the divider panel is foldably connected (via 21) to the hinge panel.
Regarding claims 4 and 17-18, Muise discloses a tray and blank for making wherein the divider panel is a first divider panel at least foldably connected to the hinge panel, the plurality of panels further comprises a second divider panel at least foldably connected to the at hinge panel, the at least one divider wall is a first divider wall comprising the first divider panel, and the divider features further comprise a second divider wall comprising the second divider panel (see Fig. 3). Examiner notes that Muise discloses four divider walls.
Allowable Subject Matter
Claims 5-13 and 19-20 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 8-10, filed 12/22/2025, with respect to the rejection(s) of claim(s) 1 and 14 under USC 102(a)(1)—in view of McLaren have been fully considered and are persuasive. McLaren lacks a hinge panel, as claimed, foldably connected to the divider panel. 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)--Muise.
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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