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, 6-9, 19, 22, 24-25, 50, 53, and 55-58 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Curran (US 3980223 A).
Regarding claims 1, 6, 9, 19, 24, 50, 55, and 58, Curran discloses a cellular structure for cartons and the blank for making comprising a plurality of panels comprising at least one first end panel (18) and at least one first side panel (15) foldably connected to the at least one first end panel; a second end panel (20) foldably connected to the first side panel; a second side panel (16) foldably connected to the first end panel; and a third side panel foldably (22) connected to the second end panel; and divider features comprising a plurality of divider flaps (25/30) foldably connected to a respective panel of the plurality of panels forming at least one divider wall of the construct for forming a plurality of container receiving spaces in the interior of the carton, at least one divider flap of the plurality of divider flaps is at least partially separably connected to the at least one first side panel (see Figures 4-5; Examiner notes that three separate divider flaps 25 separates from side 15; and three separate divider flaps 30 separate from side 16).
Regarding claims 4, 22, and 53, Curran discloses a construct and blank for making wherein the at least one divider flap of the plurality of divider flaps is at least partially foldably (53/54) connected to the at least one first side panel.
Regarding claims 7-8, 25, and 56-57, Curran discloses a construct and blank for making wherein the first divider flap is attached to the second divider flap (via adhesive 72; see Figures 1-3).
Allowable Subject Matter
Claims 3, 10-18, 21, 26-31, 52, and 58-67 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 14-16, filed 01/05/2026, with respect to the rejection(s) of claim(s) 1, 19, and 50 under USC 102(a)(1)—in view of Skaggs have been fully considered and are persuasive. Skaggs lacks the claimed divider flap construction. 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)--Curran.
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