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 .
The elected invention is the invention of Group I drawn to a blank, and the elected species thereof is the species of Group 1, represented by the blank of Figs 1-5. Applicant made the elections in the reply filed on 4/14/25.
Claims 4, 8, 9 and 13-15 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Claims 10-11 have been cancelled in applicant’s latest reply. Claims 1-3, 5-7 and 12 are again presented by applicant for examination on the merits in the current response, with independent claim 1 and dependent claim 5 being amended in the latest claim set.
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) 1-3, 5-7 and 12 is/are finally rejected under 35 U.S.C. 103 as being unpatentable over Blin (11,440,716) in view of Edqvist et al. (5,230,425) discussed in the last Office action on page 7 thereof. Thus:
Blin discloses most of the features of the claims including:
A blank (blank 10 in Fig 1) that appears to be capable of all of the functions recited in the claims including the function recited in the claim 1 preamble as best it can be understood;
A cover section (the claimed cover section can be first top panel 18a);
Two oppositely disposed fixation sections formed on the cover section (these can be the first outer shoulder panel 16a and the first inner shoulder panel 20a); these sections are connected by fold lines to the cover section (the fold lines can be longitudinal fold line 21a and longitudinal fold line 23a);
As also required in claim 1, holding edges for engaging underneath beaded rims are formed at the fixation sections by cut lines (as shown in Figs 1 and 3 of Blin, the cut lines are curved or arc shaped and have edges that engage underneath beaded rims of cans to form the article engaging devices such as 40a, 42a).
Regarding claim 2 the claimed two cover sections can be both top panels 18a and 18b. As should be apparent from the commentary above, each cover section has oppositely disposed fixation sections connected by fold lines to the respective cover section and holding edges are formed at the fixation sections by main cut lines.
Regarding claim 3, the claimed longitudinal fold line can be longitudinal fold line 25 in Blin.
Regarding claim 5 one abutment section adjoining one outer fixation section can be one or both of the panels 12a 14a in Fig 1 of Blin, and another abutment section can be one or both of the panels 12b 14b, as shown at the top and bottom of Fig. 1 respectively.
Regarding claim 6, the claimed flaps can be any appropriate panels in Fig 1 connecting the abutment sections of 12a, 14a and 12b, 14b to each other.
However, Blin does not disclose rectilinear main cut lines that are offset and parallel to the fold lines connecting the cover section to the fixation sections, as well as auxiliary cut lines extending from the main cut lines to these fold lines (as indicated above, in Blin the cut lines in question are curved). On the other hand, Edqvist discloses rectilinear main cut lines to form holding edges, and also discloses auxiliary cut lines extending from the main cut lines, as discussed last time (as a reminder, in Edqvist the rectilinear main cut lines can be the central straight cuts or punching segments 13a in each group of 5 straight cuts or punching segments that make up an article opening 13. Moreover, the cuts 13a extending from each central straight cut 13a can be auxiliary cuts. Thus, in Edqvist, the end of each rectilinear main cut line running parallel to fold line 22 has two slanted cuts extending therefrom towards the fold line 22.). Edqvist intends that each series of 5 cuts 13a be combined into one continuous arc shaped punching 13 as described in column 3 thereof. Blin has curved or arc shaped cuts. Therefore, it would have been obvious to construct the cuts in Blin as disclosed in Edqvist. That is to say, it would have been obvious to provide each of the arc shaped cuts in Blin as a series of 5 rectilinear cut lines comprising a main cut line running offset and parallel to the fold lines, and auxiliary cut lines extending from the main cut lines, as a design expedient, in order to make the Blin blank more attractive, and/or to more securely hold containers in the holding device formed by the blank.
It is apparent that the auxiliary cut lines run slanted to their associated main cut line, as required at the end of claim 1.
Applicant's arguments filed 12/15/25 have been fully considered but they are not persuasive. Applicant argues that the two cut lines 13a extending from either end of a central cut line 13a in Edqvist serve to hold the rim of the can (like the central cut line 13a), and therefore do not represent auxiliary section lines as defined in the present invention. See the latest Remarks at the bottom of page 2 thereof. On the other hand, neither the subject application specification nor the subject application claims define auxiliary cut lines as lines that do not hold the rim of a can.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB K ACKUN whose telephone number is (571)272-4418. The examiner can normally be reached Monday-Thursday 11am-7pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB K ACKUN/Primary Examiner, Art Unit 3736
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