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 .
This action is written in response to the amendment filed 03/05/2026
Claims 1-21 are presented for examination
This action is Non-Final
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4, 11 and 14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Watts (US 3,404,912).
Claim 1. Watts discloses an article carrier for engaging at least one article, the article carrier 18 comprising an engaging panel 21/22 including two or more article retention structures 46, each of the two or more article retention structures (row 24; fig. 3) comprising an article receiving opening @46 defined in part by an aperture and in part by a plurality of engaging tabs 52 disposed about the aperture (fig. 4),
wherein a first article retention structure of the two or more article retention structures comprises a first engaging tab 32 and a second article retention structure of the two or more article retention structures comprises a second engaging tab, the second article retention structure being disposed adjacent to the first article retention structure (fig. 3), the first engaging tab being connected to the engaging panel via the second engaging tab, wherein the second engaging tab is connected directly to the engaging panel by at least one connecting element (col. 9, ll. 1-10; see annotated figure below).
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Claim 4. Watts discloses an article carrier according to claim 1, wherein the first engaging tab comprises a first width dimension and the second engaging tab comprises a second width dimension, the second width dimension being greater than the first width dimension (see annotated fig. below).
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To modify the dimensions of the tabs into the claimed widths would entail a mere change in size of the components and yield only predictable results. "[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill." KSR Int 'l v. Teleflex Inc., 127 S.Ct. 1740, 82 USPQ2d 1396 (2007). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 11. Watts discloses a blank 70 for forming an article carrier, the blank 70/18 comprising an engaging panel 21/22 including two or more article retention structures 46, each of the two or more article retention structures (row 24; fig. 3) comprising an article receiving opening defined in part by an aperture and in part by a plurality of engaging tabs disposed about the aperture (fig. 4),
wherein a first article retention structure of the two or more article retention structures comprises a first engaging tab 32 and a second article retention structure of the two or more article retention structures comprises a second engaging tab, the second article retention structure being disposed adjacent to the first article retention structure, the first engaging tab being connected to the engaging panel via the second engaging tab, wherein the second engaging tab is connected directly to the engaging panel by at least one connecting element (col. 6, ll. 57-75; see annotated figure below).
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Claim 14. Watts discloses a blank according to claim 11, wherein the first engaging tab comprises a first width dimension and the second engaging tab comprises a second width dimension, the second width dimension being greater than the first width dimension (see annotated fig. below).
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To modify the dimensions of the tabs into the claimed widths would entail a mere change in size of the components and yield only predictable results. "[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill." KSR Int 'l v. Teleflex Inc., 127 S.Ct. 1740, 82 USPQ2d 1396 (2007). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Allowable Subject Matter
Claims 2-3, 5-10, 12-13 and 15-21 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm 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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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735