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 Arguments
Applicant's arguments filed 12/1/25 have been fully considered but they are not persuasive. Applicant argues that regarding claims 1,2,4 the prior art as applied fails to disclose the V-shaped reliefs cut into the semi rigid fibrous body. Arguing that the prior art discloses a heat sealing and is thus the antithesis of a cut.
Examiner disagrees as the definition of a cut is broad enough to encompass a reduction of a part. The heat sealing would result in the fibrous structure being reduced in size at the connection due to the melting of the fibers. As can be seen from figure 3 a V shape is still resultant and there is a portion having a greater extent (wider) and a reduced extent (narrower) which forms together with the adjacent portion a V shaped relief.
As such applicant’s remarks regarding the V shaped relief are not persuasive, neither is the argument regarding the cut per se. Further in the event that a cutting process is intended to be claimed, such a method step would need to be expressly called out and claimed.
With regard to claim 3 Applicant argues regarding the tab that the flap segment fails to meet the limitations f the tab. As written claim 3 requires only that the semirigid fibrous body comprises a tab, not that the tab is formed of the fibers themselves or formed in a monolithic structure with fibrous body, only the broad open ended transition of comprising a tab. The flap member of Das meets such a tab. As such applicant’s arguments regarding the limitations of claim3 are not persuasive. The tab and socket structure are such that they are sized to accommodate alignment. There is no requirement they are sized to align the elements, only that they can accommodate such an alignment.
Claim Rejections - 35 USC § 102
(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.
1.Claim(s) 1 and 4 are rejected under 35 U.S.C. 102 a1 as being anticipated by Das (US5274200).
With respect to claim 1 Das discloses a semi-rigids fibrous body (Column 2 lines 60-68) comprising: A first body portion (12); A second body portion (14); A partial depth incision (13) in the semirigid body between the first body portion and the second body portion A third body portion (18); and Two V-shaped reliefs (15 and 17) cut into the semirigid fibrous body between the second body portion and the third body portions; Wherein the partial depth incision and the two V-shaped relief as living hinges formed of the semirigid fibrous body (see columns 3 and 4).
With respect to claim 4 Das further discloses a semirigid fibrous body comprising:
A first body portion (12) a second body portion (16) and two V shaped reliefs cut into the semirigid fibrous body (13 and 15) between the first body portion and the second body portion, wherein the two V-shaped reliefs form a living hinge in the semirigid fibrous body.
Claim Rejections - 35 USC § 103
2. Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Das (US5274200).
With respect to claim 2 Das further discloses a semirigid fibrous body (Column 2) Comprising: A first body portion (12) a second body portion (14) a first set of V shaped reliefs cut into the semi rigid fibrous body between the first body portion and the second body portion (13); A third body portion (18) and A second set of V shaped relief cuts ( 15 and 17) cut into the semi rigid body between the second body portion and the third body portion, Wherein the first set of V-shaped reliefs and the second set of reliefs are living hinges formed of the semi rigid fibrous body, Wherein a plateau is formed between each V-shaped relief of the second set of the shaped reliefs (see intermediate body portion 16). As it regards the plateau being the of a width that is equal to the first body portion, given the teachings of Das to form many different shapes it would have been an obvious smatter to form any of
the body panels with any desirable dimension to provide for the shape desired to be formed upon folding.
With respect to claim 3 Das further discloses a semirigid fibrous structure comprising a first semirigid fibrous body comprising a tab (28), and a second semirigid fibrous body comprising receiving portion, wherein the tab of the first semirigid fibrous body and the receiving portion of the second semirigid fibrous body are sized to accommodate alignment between the first semi-rigid fibrous body and the second semirigid fibrous body. While not expressly disclosing a socket for receiving the tab per se such connections are known, such tab and slot connection are a similar tool-less connection means which would be obvious to select as a functional equivalent.
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 FORREST M PHILLIPS whose telephone number is (571)272-9020. The examiner can normally be reached Monday-Friday from 9:00-5:00.
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, Dedei Hammond can be reached at (571) 272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST M PHILLIPS/Primary Examiner, Art Unit 2837
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