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 .
Response to Amendment
The amendment filed 09/18/2025 (hereafter “the amendment”) has been accepted and entered.
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) 20-25,27 and 29-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuster (US5103971A), Graser (US3612266A) and further in view of Sutherland (US5355999A).
Regarding claim 20, Schuster a material blank for attachment to a container group formed of a plurality of containers, the material blank comprising (fig.1 shows blank 10 with a container group C):
a connection section formed with a plurality of container receiving openings to be arranged at the containers of the container group, said connection section having a first edge, a second edge opposite said first edge, and an upper face (see annotated fig.2 below for the connection section with openings and first, second and the upper face);
a first folding tab connected to said first edge of said connection section; and a second folding tab connected to said second edge of said connection section opposite said first edge (see annotated fig.2 below);
said first folding tab and said second folding tab being configured for pivoting relative to said connection section into a bundle position, in which said first and second folding tabs overlap one another, at least in part, and cover said upper face of said connection section (see annotated fig.2 for the two tabs and fig.1 shows the two tabs capable of overlap) wherein said first folding tab comprises two locking elements (see annotated fig.2 of Schuster below for the two locking elements 24). Schuster does not teach wherein the two locking elements are T-shaped and each of said T-shaped locking elements is in engagement with a respective carrying opening of said connection section in a positive fit thereby blocking a relative movement of the first folding tab in relation to the connection section; and wherein, in the bundle position, said two T-shaped locking elements are moveable out of the folding plane into the locking position, wherein the respective said carrying opening of said connection section has a substantially circular shape with two deviations to the circular shape, wherein the two deviations to the circular shape are in the form of mutually opposing opening extensions for allowing said locking elements to pass through when being moved out of the folding plane into the locking position.
Graser does teach wherein the two locking elements are T-shaped and each of said T-shaped locking elements is in engagement with a respective carrying opening of said connection section in a positive fit thereby blocking a relative movement of the first folding tab in relation to the connection section; and wherein, in the bundle position, said two T-shaped locking elements are moveable out of the folding plane into the locking position, wherein the respective said carrying opening of said connection section has a substantially circular shape (fig.3-5 shows the tabs 22 that are T-shaped similar to applicant with one end have an bigger width then the other and the tabs 22 shown in fig.5 having positive fit and blocking relative movement of the folding tab in relation to the connection section as modified with Schuster and locking the two tabs as the widths are different and the opening is substantially circular). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the locking elements disclosed by Schuster by adding the teaching of locking elements being inserted into apertures as disclosed by Graser in order to add rigidity to the structure when it is being carried. “As will be readily apparent, the carrier tabs, 22--22 and 22'--22', can be rotated downwardly through apertures, 18--18, and secured below securing panel, 6, to afford added rigidity to the handle section when the carrier is erected and to prevent contact with the raw edges when the erected carrier is carried.” (Col.2 lines 62-67, Graser)
Schuster as modified right above does not teach wherein carrying opening has two deviations to the circular shape, wherein the two deviations to the circular shape are in the form of mutually opposing opening extensions for allowing said locking elements to pass through when being moved out of the folding plane into the locking position.
Sutherland does teach wherein carrying opening has two deviations to the circular shape, wherein the two deviations to the circular shape are in the form of mutually opposing opening extensions for allowing said locking elements to pass through when being moved out of the folding plane into the locking position (fig.3 shows the opening 25 with two deviations on the edges of the substantially circular shape that once modified as above will allow the locking elements to pass through when being moved out of the folding plane into locking position). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the carrying opening disclosed by Schuster as modified above by adding the teaching of substantially circular shape opening having two deviations as disclosed by Sutherland in order to positively lock the T shaped locking elements with the deviation as they have narrow width on the edges creating a better grip/hook with the T-shaped locking elements.
Annotated fig.2 of Schuster
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Regarding claim 21, the references as applied to claim 20 above discloses all the limitations substantially claimed. Schuster as modified in claim 20 further teaches wherein said connection section has a rectangular shape with a first longitudinal edge and a second longitudinal edge opposite said first longitudinal edge, and wherein said first folding tab is connected to said first longitudinal edge and said second folding tab is connected to said second longitudinal edge (see annotated fig.2 above where the first and second longitudinal edges are labeled 1st and 2nd edges).
Regarding claim 22, the references as applied to claim 20 above discloses all the limitations substantially claimed. Schuster as modified in claim 20 further teaches wherein said first folding tab is formed so that, in the bundle position, a free edge of said first folding tab, opposite said first edge, is arranged in a region of said second edge of said connection section (see annotated fig.2 above).
Regarding claim 23, the references as applied to claim 20 above discloses all the limitations substantially claimed. Schuster as modified in claim 20 further teaches wherein said second folding tab is configured, in the bundle position, to only partially cover said upper face of said connection section (see annotated fig.2 above where the second tab is capable of only partially cover the upper face of the connections section).
Regarding claim 24, the references as applied to claim 23 above discloses all the limitations substantially claimed. Schuster as modified in claim 23 further teaches wherein, in the bundle position, a free edge of said second folding tab, opposite said second edge, is arranged in a region between a mid-line of said connection section which runs parallel to and equidistant from said first and second edges of said connection section, and said second edge of said second folding tab (see annotated fig.2 and 1 above for the bundled position which are similarly to that of the applicants drawings).
Regarding claim 25, the references as applied to claim 20 above discloses all the limitations substantially claimed. Schuster as modified in claim 20 further teaches wherein:
said connection section is formed with two mutually opposite free edges, each of which delimit said first and second edges of said connection section, and with two carrying openings (see annotated fig.2 above);
each of said carrying openings being arranged equidistant from said first and second edges of said connection section (see annotated fig.2 above); and
one of said carrying openings is formed at a distance interval from one of said two free edges of said connection section that is equal to a distance interval of the other said carrying opening to the other said free edge of said connection section (see annotated fig.2 above the openings are formed at a distance similarly to applicant’s fig.1).
Regarding claim 27, the references as applied to claim 20 above discloses all the limitations substantially claimed. Schuster as modified in claim 20 further teaches wherein said locking elements are formed from partially separable sections of said first folding tab (see annotated fig.2 above).
Regarding claim 29, the references as applied to claim 25 above discloses all the limitations substantially claimed. Schuster as modified in claim 25 further teaches wherein said container receiving openings comprise retaining tabs that project inwards (see annotated fig.2 above).
Regarding claim 30, the references as applied to claim 20 above discloses all the limitations substantially claimed. Schuster as modified in claim 20 further teaches wherein said connection section and said first and second tabs are formed from a paper-based material (fig.2 above the blank is made from paperboard).
Regarding claim 31, the references as applied to claim 20 above discloses all the limitations substantially claimed. Schuster as modified in claim 20 further teaches wherein the material blank is a one-piece material blank (fig.2 above shows the blank in one piece).
Regarding claim 32, the references as applied to claim 20 above discloses all the limitations substantially claimed. Schuster as modified in claim 20 further teaches wherein said second folding tab is configured without locking elements and without carrying openings (see annotated fig.2 above for the second tab without openings and locking tabs).
Regarding claim 33, Schuster a container bundle, comprising (fig.1 shows the bundle):
a plurality of containers and a container carrier (fig.1 shows the containers C with the carrier 10);
said container carrier being formed of the material blank according to claim 20 (Schuster as modified in claim 20 further teaches that the container is formed form a blank material see annotated fig.2 above);
said container receiving openings of said material blank being arranged coaxially with said containers and each of said container receiving openings engaging behind a projecting edge of a respective said container in a positive fit (see annotated fig.2 above and fig.3 shows the container edge being fit into the opening); and
said first and second folding tabs of said material blank being in the bundle position (see annotated fig.2 above and fig.1).
Regarding claim 34, the references as applied to claim 33 above discloses all the limitations substantially claimed. Schuster as modified in claim 33 further teaches wherein said containers are arranged in at least two container rows, and said carrying openings are formed in said connection section of said material blank at a position centrally between the container rows (fig.1 shows the orientation of the containers C in the claimed manner).
Regarding claim 35, the references as applied to claim 33 above discloses all the limitations substantially claimed. Schuster as modified in claim 33 further teaches wherein said first and second folding tabs are adhesively bonded to one another in an overlapping region, in which said folding tabs overlap one another (fig.2 above the first tab and the 2nd tab are glue tab that be adhered together to overlap).
Response to Arguments
Applicant's arguments filed 09/18/2025 have been fully considered but they are not persuasive. Applicant similpy stated that new limitation are not taught by prior art. Newly modified art teaches applicant “deviations”. Applicant fails to describe the deviations and how they are arranged and leave it up to interpretation on what they are. Deviation is interpreted as “an act or instance of diverging from an established way or in a new direction”.
Conclusion
THIS ACTION IS MADE FINAL. 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 PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY STASHICK can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PRINCE PAL/Examiner, Art Unit 3735
/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735