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
Claims 7-8, 15-21, 28-29, 35-40 and 45-47 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected product, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/26/2025.
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 13-14, 33-34 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 13 recites the limitation "an end panel", “an inner end panel” in lines 1-3. There is insufficient antecedent basis for this limitation in the claim. In claim 13, line 3 “the end panel” has insufficient antecedent basis as claim 1 recites a first and second end panel and it is not clear which applicant is referencing.
Claim 14 recites the limitation “the inner end panel” but claim 1 recites “a first inner end panel” and it is not clear if this is what structure applicant is referencing.
Claim 33 recites the limitation “the inner end panel” and “the end panel”, but claim 22 from which this claim depends recites “a first inner end panel” and “a first ands second end panel” and therefore it is unclear which structure applicant is referencing.
Claim 34 recites the limitation “limitation “the inner end panel” but claim 22 recites “a first inner end panel” and it is not clear if this is what structure applicant is referencing.
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.
Claims 1-4, 9, 13-14, 22-25, 30, 33-34, 41-43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spahlinger (EP3871989).
Regarding claim 1, Spahlinger discloses a container for holding one or more products, the container comprising: a plurality of panels extending at least partially around an interior of the container, the plurality of panels comprising at least a bottom panel (2) and a first end panel (3.1) opposite a second end panel (3.3); a first inner end panel (5.1) foldably connected to the first end panel(3.1); and one or more integrated dividers (10.1) extending from the first inner end panel (5.1) towards the second end panel (3.3)and at least upwardly from the bottom panel (2) to at least partially form a plurality of receiving spaces in the interior of the container (as shown in fig. 6).
Regarding claim 2, Spahlinger discloses the container of claim 1, wherein the first end panel (3.1) is foldably connected to the bottom panel(2) and the second end panel(3.3) is foldably connected to the bottom panel(2) opposite to the first end panel, and wherein the one or more integrated dividers(10.1) extends from the first end panel to the second end panel.
Regarding claim 3, Spahlinger discloses the container of claim 2, wherein the plurality of panels comprises a side panel(3.2) extending at least partially parallel to the one or more integrated dividers(10.1), and wherein the one or more integrated dividers is spaced apart from the side panel.
Regarding claim 4, Spahlinger discloses the container of claim 2, further comprising an interior structure comprising at least the first inner end panel(5.1) in an overlapping relationship with the first end panel(3.1), a second inner end panel(5.2) in an overlapping relationship with the second end panel(3.3), and a divider panel(10.2), and wherein the one or more integrated dividers comprises at least the divider panel(10.1).
Regarding claim 9, Spahlinger discloses the container of claim 1, further comprising an interior structure comprising a central panel(7.1) and a divider panel(10.1) foldably connected to the central panel, the central panel being in an overlapping relationship with the bottom panel(2), and the one or more integrated dividers comprising the divider panel(10.1).
Regarding claim 13, Spahlinger discloses the container of claim 9, wherein the plurality of panels further comprises an end panel(3.1) foldably connected to the bottom panel(2), and wherein the interior structure comprises an inner end panel(5.1) in at least partially overlapping relationship with the end panel(3.1), the inner end panel being foldably connected to the end panel along a fold line(6.1).
Regarding claim 14, Spahlinger discloses the container of claim 13, wherein the inner end panel(5.1) is connected to the divider panel(10.1) by a folding panel(7.1).
Regarding claim 22, Spahlinger discloses a blank (1.1) for forming a container for holding one or more products, the container comprising: a plurality of panels comprising a bottom panel(2), a first end panel(3.1) and a second end panel(3.3); a first inner end panel(5.1) foldably connected to the first end panel(3.1); and a divider panel(10.1) configured for forming an integrated divider extending from the first inner end panel(5.1) towards the second end panel(3.3) and at least upwardly from the bottom panel(2) when the container is formed from the blank.
Regarding claim 23, Spahlinger discloses the blank of claim 22, wherein the first end panel(3.1) is foldably connected to the bottom panel(2) and the second end panel(3.3) is foldably connected to the bottom panel(2) opposite to the first end panel, and wherein the integrated divider formed from the divider panel(10.1) is for extending from the first end panel to the second end panel when the container is formed from the blank.
Regarding claim 24, Spahlinger discloses the blank of claim 23, wherein the plurality of panels comprises a side panel(3.2) extending at least partially parallel to the divider panel(10.1), and wherein the divider panel is spaced apart from the side panel.
Regarding claim 25, Spahlinger discloses the blank of claim 23, further comprising an interior structure comprising at least the first inner end panel(5.1), a second inner end panel(5.2), and the divider panel(10.1) extending at least partially from the first inner end panel to the second inner end panel, and wherein the first inner end panel(5.1) and the second inner end panel(5.2) are for being in an overlapping relationship with the respective first end panel(3.1) and second end panel(3.3) when the container is formed from the blank.
Regarding claim 30, Spahlinger discloses the blank of claim 22, further comprising an interior structure comprising a central panel(7.1) and the divider panel(10.1), wherein the divider panel(10.1) is foldably connected to the central panel(7.1), and the central panel is for being positioned in an overlapping relationship with the bottom panel(2) when the container is formed from the blank.
Regarding claim 33, Spahlinger discloses the blank of claim 30, wherein the first(3.1) and second(3.3) end panel panels are foldably connected to the bottom panel(2), and wherein the interior structure comprises the first inner end panel(5.1) foldably connected to the first end panel(3.1) along a fold line(6.1), the inner end panel(5.1) for being positioned in at least partially overlapping relationship with the end panel(3.1) when the container is formed from the blank.
Regarding claim 34, Spahlinger discloses the blank of claim 33, wherein the inner end panel is connected to the divider panel by a folding panel.
Regarding claim 41, Spahlinger discloses a method of forming a container for holding one or more products, the method comprising: obtaining a blank(1.1) comprising a plurality of panels and a divider panel(10.1), the plurality of panels comprising at least a bottom panel(2), a first end panel(3.1), and a second end panel(3.3), the blank further comprising a first inner end panel(5.1) foldably connected to the first end panel(3.1); positioning the panels of the plurality of panels to extend at least partially around an interior of the container; and forming an integrated divider by positioning the divider panel(10.1) to extend from the first inner end panel(5.1) towards the second end panel(3.3) and upwardly from the bottom panel(2) in the interior of the container, the integrated divider at least partially forming a plurality of receiving spaces in the interior of the container(see figs 1-2,4-6 .
Regarding claim 42, Spahlinger discloses the method of claim 41, wherein the blank further comprises an interior structure comprising a central panel(7.1) and the divider panel(10.1), wherein the divider panel is foldably connected to the central panel, and wherein the method further comprises positioning the inner interior structure so that the central panel(7.1) is in an overlapping relationship with the bottom panel(2), and the forming the integrated divider comprises folding the divider panel(10.1) upwardly relative to the central panel(7.1) (see figs. 5-6).
Regarding claim 43, Spahlinger discloses the method of claim 42, wherein the plurality of panels further comprises an first(3.1) and second(3.3) end panel panels are foldably connected to the bottom panel(2), wherein the interior structure comprises the first inner end panel(5.1) foldably connected to the first end panel(3.1) along a fold line(6.1), and wherein the positioning the interior structure comprises folding the interior structure relative to the end panel along the fold line and positioning the inner end panel(5.1) in an at least partially overlapping relationship with the end panel(3.1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 10 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Spahlinger (EP 3871989) in view of Schaefer (US 2899122).
Spahlinger discloses the container or blank as set forth in claim 9 and 30 respectively, but does not disclose the divider panel is a first divider panel and the interior structure further comprises a second divider panel foldably connected to the central panel opposite the first divider panel. Schaefer discloses a similar container/blank (see figs. 1, 5) where an interior structure (see fig. 5 – structure above fold line (27)) comprises a central panel (26) having a first(36) and second(37) divider panels foldably connected and opposite each other. Schaefer further discloses cross divider(30) as well as third(45) and fourth(46) divider panels so that the interior structure can divide the container into six separate receiving spaces. It would have been obvious to one of ordinary skill in the art to replace the interior structure (panels 7.1 and 10.1) of Spahlinger with the interior structure including a central panel (26) and first(36) and second(37) divider panels as taught by Schaefer to provide for more segregated receiving spaces inside the container.
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Spahlinger (EP 3871989) in view of Monti (EP 2610194).
Spahlinger does not disclose folding the divider panel upwardly comprises engaging the divider panel with one or more pins via one or more apertures extending in the bottom panel to push the divider panel upwardly. Monti teaches an analogous container with integral divider panels and teaches providing openings F9 in a container bottom (Fig. 6) so that the divider panels may be erected by a machine using pusher elements or pins (0054). It would have been obvious to one of ordinary skill in the art to modify the structure of Spahlinger to include apertures in the bottom panel so that the container may be erected using automation, as taught by Monti. It further would have been obvious to one of ordinary skill in the art to erect the container using pins with the motivation of automating container construction.
Allowable Subject Matter
Claims 5-6,11-12,26-27 and 32 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN JEFFREY NEWHOUSE whose telephone number is (571)272-4544. The examiner can normally be reached M-Th 5:30am to 4pm.
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/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734
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