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
Receipt is acknowledged of an amendment, filed 27 October 2025, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-22 are pending.
Claims 1, 3-9, and 12-22 are amended.
Claims 13-20 are withdrawn from consideration.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 27 October 2025.
Election/Restrictions
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12 August 2024.
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 7-10 are 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.
Claim 7 is ambiguous as lacking proper antecedent basis in the claim for “the two side panels of the inner sleeve”.
Claim 5, on which claim 7 depends, recites compartment panels of the inner sleeve, including two compartment sidewalls, a middle panel, two compartment top panels, and a bottom panel.
Claim 1, on which claim 7 depends, sets forth “two side panels of the outer sleeve”.
It appears that claim 7 should be amended to change “the two side panels of the inner sleeve” to --the two compartment top panels of the inner sleeve--.
Clarification and/or correction is required.
Claims 8-10 depend from claim 7 and are likewise rejected.
Allowable Subject Matter
Claims 1-6, 11-12, and 21-22 are allowed.
Claims 7-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 1: the subject matter of claim 1 is allowable over the prior art because of the combination of structural limitations and their functional relationship to one another. Claim 1 includes the following limitations which in combination with the other limitations of the claim are not taught or suggested by the prior art:
“assembling the outer sleeve, the outer sleeve comprises a first glue lap of the outer sleeve, two side panels of the outer sleeve, a top panel of the outer sleeve, and a bottom panel of the outer sleeve, wherein the first glue lap of the outer sleeve is directly attached on a first side of the first glue lap to one of the two side panels of the outer sleeve in an unassembled configuration, wherein assembling the outer sleeve comprises:
applying glue on the first glue lap of the outer sleeve; and
folding the first glue lap of the outer sleeve onto the bottom panel of the outer sleeve such that the glue adheres the first glue lap of the outer sleeve to the bottom panel of the outer sleeve, wherein the first glue lap of the outer sleeve and the bottom panel of the outer sleeve form a locking ridge of the outer sleeve, wherein the locking ridge comprises a cut-out of the first glue lap that extends from a second side of the glue lap opposite the first side of the first glue lap”.
Regarding independent claim 12: the subject matter of claim 12 is allowable over the prior art because of the combination of structural limitations and their functional relationship to one another. Claim 12 includes the following limitations which in combination with the other limitations of the claim are not taught or suggested by the prior art:
“assembling the outer sleeve, the outer sleeve comprises a first glue lap, two side panels, a top panel, and a bottom panel, wherein the first glue lap is directly attached on a first side of the first glue lap to one of the two side panels in an unassembled configuration, wherein assembling the outer sleeve comprises:
applying glue on the first glue lap; and
folding the first glue lap onto the bottom panel such that the glue adheres the first glue lap to the bottom panel, wherein the first glue lap and the bottom panel form a locking ridge of a locking mechanism, wherein the locking ridge comprises a cut-out of the first glue lap that extends from a second side of the glue lap opposite the first side of the first glue lap”.
Weston et al. (US Patent Publ. No. 2012/0012497) is considered to be the closest prior art. Weston et al. disclose a method of manufacturing a packaging apparatus including assembling an outer sleeve including a first glue lap, two side panels, a top panel, and a bottom panel, the first glue lap directly attached to one of the side panels, applying glue on the first glue lap and folding the first glue lap onto the bottom panel such that the glue adheres the first glue lap to the bottom panel, wherein the first glue lap and the bottom panel form a locking ridge. Weston et al. disclose a locking ridge of the first glue lap comprising a cutout (fig. 12). Weston et al. fail to disclose a cutout that extends from a second side of the glue lap.
Weston (US Patent No. 7,810,640) discloses a method of manufacturing a packaging apparatus including an outer sleeve and an inner sleeve comprising assembling the outersleeve, the outersleeve including a first lap, two side panels, a top panel, and a bottom panel, wherein the first lap is directly attached to one of the side panels, folding the first lap onto the bottom panel, wherein the first lap and the bottom panel form a locking ridge, assembling the inner sleeve, the inner sleeve comprising a locking tab configured to interface with the locking ridge of the outer sleeve. Weston discloses a locking ridge of the first lap comprising a cutout (fig. 5). Weston fails to disclose a cutout that extends from a second side of the lap.
The difference between the claimed subject matter and Weston et al. ‘497, or a combination of Weston et al. ‘497 and Weston ‘640, is that Weston et al. ‘497, or a combination of Weston et al. ‘497 and Weston ‘640, do not disclose or teach “assembling the outer sleeve, the outer sleeve comprises a first glue lap of the outer sleeve, two side panels of the outer sleeve, a top panel of the outer sleeve, and a bottom panel of the outer sleeve, wherein the first glue lap of the outer sleeve is directly attached on a first side of the first glue lap to one of the two side panels of the outer sleeve in an unassembled configuration, wherein assembling the outer sleeve comprises: applying glue on the first glue lap of the outer sleeve; and folding the first glue lap of the outer sleeve onto the bottom panel of the outer sleeve such that the glue adheres the first glue lap of the outer sleeve to the bottom panel of the outer sleeve, wherein the first glue lap of the outer sleeve and the bottom panel of the outer sleeve form a locking ridge of the outer sleeve, wherein the locking ridge comprises a cut-out of the first glue lap that extends from a second side of the glue lap opposite the first side of the first glue lap” as set forth in claim 1; and “assembling the outer sleeve, the outer sleeve comprises a first glue lap, two side panels, a top panel, and a bottom panel, wherein the first glue lap is directly attached on a first side of the first glue lap to one of the two side panels in an unassembled configuration, wherein assembling the outer sleeve comprises: applying glue on the first glue lap; and folding the first glue lap onto the bottom panel such that the glue adheres the first glue lap to the bottom panel, wherein the first glue lap and the bottom panel form a locking ridge of a locking mechanism, wherein the locking ridge comprises a cut-out of the first glue lap that extends from a second side of the glue lap opposite the first side of the first glue lap” as set forth in claim 12.
The difference between the claimed subject matter and Weston et al. ‘497, or a combination of Weston et al. ‘497 and Weston ‘640, would not have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, since such modifications to the Weston et al. ‘497 structure and method would have gone beyond mere substitution or incorporation of a known structure and manipulative step capable of achieving predictable results. Any modification to the Weston et al. ‘497 structure and method to arrive at the claimed subject matter would have required a reworking of the structure and method and the principle of operation in a manner which would not have been apparent to a person having ordinary skill in the relevant art, and would have required the improper benefit of the teachings of Applicant’s disclosure.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
With respect to the rejection of claims 7-10 under 35 USC 112(b), applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that the claims have been amended.
In response, Claim 7 lacks proper antecedent basis in the claim for “the two side panels of the inner sleeve”.
Claim 5, on which claim 7 depends, recites compartment panels of the inner sleeve, including two compartment sidewalls, a middle panel, two compartment top panels, and a bottom panel.
Claim 1, on which claim 7 depends, sets forth “two side panels of the outer sleeve”.
Thus, in view of all of the above, the rejection of claims 7-10 is still deemed proper.
The examiner made several attempts to reach applicant’s attorney to conduct a telephone interview, but did not result in conducting an interview.
With respect to the rejection of claims 12 and 22 under 35 USC 102(a)(1) over Weston et al. ‘497, and the rejection of claims 1-12 and 21-22 under 35 USC 103 over Weston ‘640 in view of Weston et al. ‘497, the amendments and applicant’s arguments have been fully considered and are persuasive. The rejection is hereby withdrawn.
With respect the request for rejoinder, applicant’s arguments have been fully considered, but are not persuasive.
Applicant argues that the restriction requirement between elected claims 1-12 and non-elected claims 13-20 should be withdrawn because where restriction is required between independent or distinct processes, “and all claims directed to an elected invention are allowable, any restriction requirement between the elected invention and any nonelected invention that depends from or otherwise requires all the limitations of an allowable claim should be withdrawn”.
In response, nonelected claims 13-20 do not require all the limitations of the allowable claims.
In particular, allowed claim 1 requires a method of manufacturing a packaging apparatus including an outer sleeve and an inner sleeve comprising
assembling the outer sleeve,
wherein assembling the outer sleeve comprises:
applying glue on the first glue lap of the outer sleeve; and
folding the first glue lap of the outer sleeve onto the bottom panel of the outer sleeve such that the glue adheres the first glue lap of the outer sleeve to the bottom panel of the outer sleeve, wherein the first glue lap of the outer sleeve and the bottom panel of the outer sleeve form a locking ridge of the outer sleeve,
wherein the locking ridge comprises a cut-out of the first glue lap that extends from a second side of the glue lap opposite the first side of the first glue lap; and
assembling the inner sleeve, the inner sleeve comprises a locking tab of the inner sleeve configured to interface the locking ridge of the outer sleeve to secure the inner sleeve within the outer sleeve, the locking ridge of the outer sleeve and the locking tab of the inner sleeve at least partially define a locking mechanism.
Allowed claim 12 requires a method of manufacturing a packaging apparatus including an outer sleeve, the method comprising:
assembling the outer sleeve,
wherein assembling the outer sleeve comprises:
applying glue on the first glue lap; and
folding the first glue lap onto the bottom panel such that the glue adheres the first glue lap to the bottom panel, wherein the first glue lap and the bottom panel form a locking ridge of a locking mechanism, wherein the locking ridge comprises a cut-out of the first glue lap that extends from a second side of the glue lap opposite the first side of the first glue lap.
Nonelected independent claim 13 only requires a method comprising
applying adhesive to a plurality of panels of an inner sleeve and an outer sleeve,
wherein the plurality of panels are sized and shaped to form the inner sleeve and the outer sleeve;
folding the plurality of panels of the inner sleeve and the outer sleeve to form the inner sleeve and the outer sleeve, the plurality of panels are folded such that portions of the plurality of panels with adhesive contact portions of the plurality of panels without adhesive and form the inner sleeve and the outer sleeve,
wherein the locking ridge comprises a cut-out of the first glue lap that extends from a second side of the glue lap opposite the first side of the first glue lap; and
folding the plurality of storage item panels of the inner sleeve toward a bottom panel of the inner sleeve to form an inner sleeve compartment.
Thus, nonelected claim 13 does not require assembling an outer sleeve, applying glue on the first glue lap, and folding the first glue lap onto the bottom panel such that the glue adheres the first glue lap to the bottom panel forming a locking ridge.
Accordingly, nonelected claims 13-20 do not require all the limitations of the allowable claims, and the restriction requirement is still deemed proper.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA J. HODGE/Examiner, Art Unit 3731