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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10, 12, 13, 17, 18 is 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.
In claim 1, Applicant now provides “panels, which is connected to an adjacent one of the plurality of panels by a fold line”. Applicant fails to make clear Applicant’s intent as for example how Applicant intends panels to be connected to itself. Claims 2-10, 12, 13, 17, 18 is/are rejected as being dependent on the above rejected claim(s).
Claim Rejections - 35 USC § 102
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) 1-10, 12-13, 17-18, 21-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Merzeau (WO 2020257096 A1).
The Office notes the 112 rejection above. Nevertheless, Merzeau discloses:
1. An article carrier (figs 1-10, which includes fig 1 and also includes fig 3) for packaging at least one article (capable of performing the above intended use), the article carrier comprising a plurality of panels forming a tubular structure for surrounding the at least one article (12, 14, 16, 18, 20, 22, 24 capable of performing the above intended use) and an article retention device for engaging of the at least one article to inhibit dislodgement of the article from at least one of the opposite open ends of the tubular structure (adjacent 26 capable of performing the above intended use), the article retention device comprising a single engaging tab (adjacent 26) disposed at least in part in a recess at an end edge of one of the plurality of panels which is connected to an adjacent one of the panels by a fold line (as in fig 1 adjacent R; the Office notes the 112 rejection above; nevertheless, the prior art discloses dotted line adjacent “25”), wherein the engaging tab is hinged to said one of the plurality of panels along an oblique edge of the recess that is obliquely oriented with respect to the fold line (such as along solid line at the single 26 at the bottom left of fig 1 where the solid line is adjacent the number “27” and obliquely oriented to line adjacent “25”), and wherein the oblique edge is spaced apart from an adjacent side edge of said one of the plurality of panels (any side edge spaced from adjacent 25 such as side edge above M in fig 1 with respect to 26 in bottom left side of fig 1).
2. An article carrier according to claim 1, wherein said one of the plurality of panels is a top panel (adjacent 18).
3. An article carrier according to claim 1, wherein the engaging tab is disposed in registry with the at least one article received in the carrier (capable of performing the above intended use).
4. An article carrier according to claim 1, wherein the recess is defined by the oblique edge, an opposed oblique edge and an intermediate edge extending between the oblique edges (as in fig 1 on left side for example with bottom left 25, top left 25 and edge between, respectively).
5. An article carrier according to claim 1, wherein the engaging tab comprises a first maximum width, and the recess comprises a second maximum width, the first maximum width of the engaging tab is greater than a half of the second maximum width of the recess (first width such as width of 26 and second width being a width one fourth the size for example).
6. An article carrier according to claim 1, wherein the engaging tab is disposed entirely within the recess (as in fig 1).
7. An article carrier according to claim 1, wherein the article retention device is located in a recess defined in an end of said one of the plurality of panels and does not increase the footprint of the panel from which it is struck (as in fig 1 where element adjacent 26 is within R).
8. An article carrier according to claim 1, wherein engaging tab partially defines a recess edge of said one of the plurality of panels (such as adjacent 25).
9. An article carrier according to claim 1, wherein the engaging tab is folded inwardly about a hinged connection to said one of the plurality of panels more than ninety degrees so as to be substantially in face-to-face relationship with the panel to which it is hinged (capable of performing the above intended use).
10. An article carrier according to claim 1, wherein the article carrier is of the wrap-around type, comprising a composite wall formed from two panels secured together (as in fig 6-9).
12. An article carrier according to claim 1, wherein the plurality of panels including a pair of overlapping panels forming a composite wall of the tubular structure, wherein the engaging tab is hinged to a free edge of one of the pair of overlapping panels along an oblique hinged connection (device also comprises tabs adjacent M in overlapping panels 212/224 in fig 3 of which is oblique depending on reference such as with respect to 225).
13. An article carrier according to claim 12, wherein the oblique hinged connection is angled to prevent the engaging tab from interfering with a machine access opening when the engaging tab is folded thereabout (angled such as with respect to 225, capable of performing the above intended use; furthermore the prior art includes element adjacent 277).
17. An article carrier according to claim 1, wherein the plurality of panels including a pair of overlapping panels forming a composite wall of the tubular structure, engaging tab hinged to a free edge of one of the pair of overlapping panels and having a recess along its free end edge (as in fig 3 with panels 224/212 with tab adjacent M, as with recess between exterior Ms, and tab M between).
18. An article carrier according to claim 17, wherein the recess is positioned and sized such that it is brought into registration with at least a part of a machine access opening when the engaging tab is held in its folded position (capable of performing the above intended use).
21. A package (figs 1-10, which includes fig 1 and 3) comprising the combination of an article carrier and at least one article (carrier as in figs 1-9 with B article having recess as in fig 2b, 3b, 4b, 7, 8) the article carrier comprising a plurality of panels forming a tubular structure (12, 14, 16, 18, 20, 22, 24 as in fig 6-9) surrounding the at least one article (figs 2b, 3b, 4b, 7, 8) and an article retention device engaging an end portion of said at least one article to inhibit dislodgement of the article from at least one of opposite open ends of the tubular structure (adjacent 26 which are flaps that are article engagement structures), the article retention device comprising a single engaging tab disposed in, and defining, at least in part, a cutaway at an end edge of one of the plurality of panels (as in fig 1 adjacent R), wherein the engaging tab is hinged, by a hinged connection, to said one of the plurality of panels along an oblique edge of the cutaway (Adjacent 25), and wherein the oblique edge is spaced apart from an adjacent side edge of said one of the plurality of panels (any side edge spaced from adjacent 25 such as side edge above M in fig 1 with respect to 26 in bottom left side of fig 1)., the engaging tab being folded inwardly about the hinged connection more than ninety degrees so as to be substantially in face to face relationship with said one of the plurality of panels and in engagement with the end portion of the article (adjacent 26 which are flaps that are article engagement structures which fold inwardly to engage contents).
22. A package according to claim 21 wherein the plurality of panels including a pair of overlapping panels forming a composite wall of the tubular structure, wherein the engaging tab is hinged to a free edge of one of the pair of the pair of overlapping panels along an oblique hinged connection (device also comprises tabs adjacent M in overlapping panels 212/224 in fig 3 of which is oblique depending on reference such as with respect to 225).
23. A package according to claim 21, wherein the plurality of panels including a pair of overlapping panels forming a composite wall of the tubular structure, the engaging tab is hinged, by a hinged connection, to a free edge of one of the pair of overlapping panels and having a recess along its free end edge (as in fig 3 with panels 224/212 with tab adjacent M, as with recess between exterior Ms, and tab M between)..
24. A blank for forming an article carrier (figs 1-10, which includes fig 1 and 3 capable of performing the above intended use), the blank comprising a plurality of panels for forming a tubular structure for surrounding at least one article (12, 14, 16, 18, 20, 22, 24 capable of performing the above intended use) and an article retention device for engaging said at least one article to inhibit dislodgement of the article from at least one of opposite open ends of the tubular structure in a setup article carrier (adjacent 26 capable of performing the above intended use), the article retention device comprising a single engaging tab (adjacent 26) disposed at least in part in a recess at an end edge of one of the plurality of panels (as in fig 1 adjacent R), wherein the engaging tab is hinged to said one of the plurality of panels along an oblique edge of the recess (such as along adjacent 25), and wherein the oblique edge is spaced apart from an adjacent side edge of said one of the plurality of panels (any side edge spaced from adjacent 25 such as side edge above M in fig 1 with respect to 26 in bottom left side of fig 1)..
25. A blank according to claim 24, wherein the plurality of panels including a pair of overlapping panels forming a composite wall of the tubular structure, wherein the engaging tab is hinged to a free edge of one of the pair of overlapping panels along an oblique hinged connection (device also comprises tabs adjacent M in overlapping panels 212/224 in fig 3 of which is oblique depending on reference such as with respect to 225).
26. A blank according to claim 24, wherein the plurality of panels including a pair of overlapping panels forming a composite wall of the tubular structure, wherein the engaging tab is hinged to a free edge of one of the pair of overlapping panels and having a recess along its free end edge (as in fig 3 with panels 224/212 with tab adjacent M, as with recess between exterior Ms, and tab M between).
Response to Arguments
Applicant's arguments filed 06/22/2026 have been fully considered but they are not persuasive. Applicant states that the prior art does not disclose claim 1, 21. The Office notes the 112 rejection above. Nevertheless, Merzeau discloses an article carrier (figs 1-10, which includes fig 1 and also includes fig 3) for packaging at least one article (capable of performing the above intended use), the article carrier comprising a plurality of panels forming a tubular structure for surrounding the at least one article (12, 14, 16, 18, 20, 22, 24 capable of performing the above intended use) and an article retention device for engaging of the at least one article to inhibit dislodgement of the article from at least one of the opposite open ends of the tubular structure (adjacent 26 capable of performing the above intended use), the article retention device comprising a single engaging tab (adjacent 26) disposed at least in part in a recess at an end edge of one of the plurality of panels which is connected to an adjacent one of the panels by a fold line (as in fig 1 adjacent R; the Office notes the 112 rejection above; nevertheless, the prior art discloses dotted line adjacent “25”), wherein the engaging tab is hinged to said one of the plurality of panels along an oblique edge of the recess that is obliquely oriented with respect to the fold line (such as along solid line at the single 26 at the bottom left of fig 1 where the solid line is adjacent the number “27” and obliquely oriented to line adjacent “25”), and wherein the oblique edge is spaced apart from an adjacent side edge of said one of the plurality of panels (any side edge spaced from adjacent 25 such as side edge above M in fig 1 with respect to 26 in bottom left side of fig 1) and a package (figs 1-10, which includes fig 1 and 3) comprising the combination of an article carrier and at least one article (carrier as in figs 1-9 with B article having recess as in fig 2b, 3b, 4b, 7, 8) the article carrier comprising a plurality of panels forming a tubular structure (12, 14, 16, 18, 20, 22, 24 as in fig 6-9) surrounding the at least one article (figs 2b, 3b, 4b, 7, 8) and an article retention device engaging an end portion of said at least one article to inhibit dislodgement of the article from at least one of opposite open ends of the tubular structure (adjacent 26 which are flaps that are article engagement structures), the article retention device comprising a single engaging tab disposed in, and defining, at least in part, a cutaway at an end edge of one of the plurality of panels (as in fig 1 adjacent R), wherein the engaging tab is hinged, by a hinged connection, to said one of the plurality of panels along an oblique edge of the cutaway (Adjacent 25), and wherein the oblique edge is spaced apart from an adjacent side edge of said one of the plurality of panels (any side edge spaced from adjacent 25 such as side edge above M in fig 1 with respect to 26 in bottom left side of fig 1)., the engaging tab being folded inwardly about the hinged connection more than ninety degrees so as to be substantially in face to face relationship with said one of the plurality of panels and in engagement with the end portion of the article (adjacent 26 which are flaps that are article engagement structures which fold inwardly to engage contents). Accordingly, Applicant/Appellant has not demonstrated error in the factual findings or reasoning set forth by the Office and the Office must maintain the rejections.
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 ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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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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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
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