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 .
Election/Restrictions
Applicant's election with traverse of species A, figures 1-5, claims 1-10, 12-13, 17-18, 21-26 in the reply filed on 03/05/2026 is acknowledged. The traversal is on the ground(s) that Office did not provide the different technical features. The restriction already provided above (such as “The species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter, as group II requires an article with a recess, and species B required additional features not in species B such as 162 for example.”). The traversal is on the ground(s) that “this application would not place an undue burden on the Examiner”. This is not found persuasive because, as stated in the restriction requirement, applicant must submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case, which the applicant has not provided.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 7 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.
Applicant provides “a recess” in claim 7 of which has already been provided from the claim that it depends in claim 1. The Office has failed to make clear as to whether the above element is intended to be the same or different.
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).
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 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 (adjacent 26 capable of performing the above intended use), the article retention device comprising an 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).
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).
Conclusion
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.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735