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 .
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)(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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Caluwe et al. (GB 2323352 A; hereinafter De Caluwe).
Regarding claims 1-3 and 13-16, De Caluwe discloses a container comprising a plurality of consumer articles (1) arranged in order one behind the other in a row that extends along a longitudinal extension (i.e. height direction) of the pack (see Figures 1-9); and a parallelepiped-shaped box (2), which houses, on the inside, said plurality of consumer articles and has two bottom walls (412), which are parallel to and opposite one another and are arranged orthogonally relative to the longitudinal extension of the pack (see Fig. 10), and four side walls (403/405/406/407), which are arranged parallel to the longitudinal extension of the pack and are, in pairs, parallel to and opposite one another; the pack is characterized in that the box comprises an extraction opening (14) for the articles, which is arranged at a distance other than zero from both bottom walls and is obtained through at least one side wall (403/405); and a closing tab (6/106), which is hinged along a hinge (see Figures 3-5) so as to rotate between an open position, in which the closing tab is spaced apart from the extraction opening, thus allowing the consumer articles to be extracted, and a closed position, in which the closing tab covers the extraction opening, thus preventing the consumer articles from being extracted (see Fig. 2); wherein in the closed position the extraction opening is closed by the closing tab; and wherein the extraction opening has a dimension measured parallel to the longitudinal extension of the pack, sized to permit the extraction of a single consumer article at a time. Examiner considers De Caluwe’s articles capable of being extracted one at a time through the opening.
Regarding claims 4-5, De Caluwe discloses a container wherein, in the closed position, the closing tab is “L”-shaped. Examiner notes that tab 6 is “L” shaped due to the fold that allows the tab to span two adjacent and perpendicular sidewalls.
Regarding claim 6, De Caluwe discloses a container wherein the hinge of the closing tab is arranged spaced apart from a corner defined between two adjacent side walls (see Figures 3-5).
Regarding claim 7, De Caluwe discloses a container wherein the closing tab is delimited by at least two tearable weakening lines (404), along which it may be separated from the remaining portion of said at least one side wall (Page 12 lines 15-35).
Regarding claim 8, De Caluwe discloses a container wherein the closing tab is delimited by two tearable weakening lines (404), which are parallel to one another and originate in the area of opposite ends of the hinge; and by a separation line (8), which is perpendicular to the two tearable weakening lines and joins the two tearable weakening lines to one another (see Figures 1-5 and 10).
Regarding claim 9, De Caluwe discloses a container wherein a side wall is formed by two parallel and overlapping panels (403/408); an outer panel (403) has an extraction opening; and an inner panel (408) serves as striker (413/414) for the closing tab, when it is in the closed position. Examiner considers the apertures on the inner panel to be “strikers” for the closure tab.
Regarding claim 10, De Caluwe discloses a container wherein the pack comprises a locking means, which is configured to hold the closing tab in the closed position (Page 11 lines 20-27).
Regarding claim 11, De Caluwe discloses a container wherein a side wall is formed by two parallel and overlapping panels; an outer panel has the extraction opening; an inner panel serves as striker for the closing tab, when it is in the closed position; and the locking means comprises at least one seat (413/414) obtained in the inner panel and a claw (419), which is obtained in an inner surface of the closing tab and is configured to engage the seat (Page 12 lines 15-36).
Regarding claim 12, De Caluwe discloses a container wherein a side wall is formed by two parallel and overlapping panels; an outer panel has the extraction opening; an inner panel serves as striker for the closing tab, when it is in the closed position; and the locking means comprises a re-stick glue arranged between an inner surface of the closing tab and the inner panel (Page 13 lines 1-18).
Response to Arguments
Applicant's arguments filed 08/14/2025 have been fully considered but they are not persuasive. Applicant contends that the prior art does not disclose or suggest a container having an extraction opening, as claimed, since the opening of the prior art allows for more than one tablet held within to be extracted from the package at a time.
-Examiner notes that the claim does not positively recite a dimension of the internal articles and then match said dimensions to the extraction opening, other than to claim that the opening is “sized to permit the extraction of a single consumer article at a time”. Therefore, given the broadest reasonable interpretation of the claim, the articles could be of a size much smaller than the opening and a user may be permitted to grab one at a time. Examiner considers De Caluwe’s articles capable of being extracted one at a time through De Caluwe’s opening.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734