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 Office Action acknowledges the applicant’s amendment filed on 2/27/2026. Claims 1-28 are pending in the application. Claims 19-28 are withdrawn from consideration.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
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 10-18 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 10 is considered indefinite since the claim recites the limitations “A blank for forming a carton in combination with a plurality of containers in a nested arrangement defining a container gap comprising a space adjacent an end of the carton formed from the blank and between an interior row of the plurality of containers and an outer row of the plurality of containers, the outer row” and later “a handle including a handle strap separable from the first top panel and foldably connected to a relief portion, the relief portion being defined by a spaced apart cuts in the at least one top end flap, at least a portion of the relief portion extends through the interior of the carton formed from the blank in the container gap and in contact with the containers adjacent the container gap when the handle is activated” as recited in the claims raises the question of whether the intention is to claim the combination of the blank with the plurality of containers, as opposed to whether the intent is to claim the sub-combination of the blank only, and since claim 1 line 1 appears to indicate that the sub-combination is claimed, this office action presumes that the intention is to claim only the subcombination of the blank, in order to give the claims their broadest reasonable interpretation. Therefore, all references in the claims 10-18 to any plurality of containers are considered to be only statements of intended use with regards to the claimed blank. Claims 11-18 are rejected due to their dependency on claim 10.
Claim Rejections - 35 USC § 102
Claim(s) 10-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Skolik et al. US 6,899,221 B2, previously presented.
With regards to claim 10, Skolik discloses a blank for forming a carton in combination with a plurality of containers in a nested arrangement defining a container gap comprising a space adjacent an end of the carton formed from the blank and between an interior row of the plurality of containers and an outer row of the plurality of containers, the outer row of the plurality of containers having at least one more container of the plurality of containers than the interior row of the plurality of containers, the blank comprising: a plurality of panels for extending at least partially around an interior of the carton formed from the blank, the plurality of panels comprising a bottom panel 2, a first top panel 4, a second top panel 6 and at least one side panel 3/5, wherein the first top panel is configured to overlap the second top panel when the carton is formed from the blank (Col 7:33-35); a plurality of end flaps foldably connected to respective panels of the plurality of panels for at least partially closing the end of the carton formed from the blank, the plurality of end flaps comprising at least one top end flap 8’/8”/13’/13” foldably connected to at least one of the first top panel 4 or the second top panel 6, at least one bottom end flap 7’/7” foldably connected to the bottom panel, and at least one side end flap foldably 9/11/10/12 connected to the at least one side panel; and a handle 15 including a handle strap separable from the first top panel and foldably connected to a relief portion 17’/17”/17’’’/17””, the relief portion being defined by a spaced apart cuts 18’/18”/18’’’/18”” in the at least one top end flap, at least a portion of the relief portion extends through the interior of the carton formed from the blank in the container gap and in contact with the containers adjacent the container gap (depending on the containers to be held) when the handle is activated. (Col 7:54-67)
The examiner notes the blank of Skolik is capable of having the blank forming a carton in combination with a plurality of containers in a nested arrangement defining a container gap comprising a space adjacent an end of the carton and between an interior row of the plurality of containers and an outer row of the plurality of containers, the outer row of the plurality of containers having at least one more container of the plurality of containers than the interior row of the plurality of containers and at least a portion of the relief portion extend through the interior of the carton in the container gap and in contact with the containers adjacent the container gap when the handle is activated, depending on the plurality of containers to be held. Such a limitation is considered an intended use.
With regards to claim 11, Skolik discloses the relief portion 17’/17”/17’’’/17”” is separable from the remainder of the at least one top end flap 8’/8” at the spaced apart cuts 18.
With regards to claim 12, Skolik discloses the handle strap 15 is foldably connected to the relief portion 17’/17”/17’’’/17”” at a fold line, the spaced apart cuts intersecting the fold line (shown above).
With regards to claim 13, Skolik discloses the relief portion 17’ is a first relief portion, and the at least one side end flap 8’ comprises a second relief portion 17” being defined by at least one cut 18” in the at least one side end flap 8’.
With regards to claim 14, Skolik discloses the handle strap 15 is further foldably connected to the second relief portion 17” and wherein at least a portion of the second relief portion extends through the interior of the carton in the container gap when the handle is activated in the carton formed from the blank. (Col 7:54-67)
With regards to claim 15, Skolik discloses the at least one top end flap 8’ is an at least one first top end flap foldably connected to the first top panel 4, and the plurality of end flaps further comprises an at least one second top end flap 13’/13” foldably connected to the second top panel 6.
With regards to claim 16, Skolik discloses the at least one second top end flap 13’/13” comprises a third relief portion 25’/25”/25’’’/25””, the third relief portion positioned between and aligned with the first relief portion and the second relief portion 17’/17”/17’’’/17”” such that the third relief portion extends through the interior of the carton in the container gap when the handle is activated in the carton formed from the blank. (Col 7:54-67)
With regards to claim 17, Skolik discloses the handle 15 further comprises at least one relief strip 21 separable from the second top panel 6 and aligned with a portion of the handle strap.
With regards to claim 18, Skolik discloses at least one handle reinforcement flap 20’/20” foldably connected to the handle strap.
Allowable Subject Matter
Claims 1-9 are allowed.
Response to Arguments
Applicant's arguments filed 2/27/2026 have been fully considered but they are not persuasive. The applicant argues “Claim 10 has been amended in manner believed to overcome § 112 and § 102 rejections by clearly reciting the blank in combination with the plurality of containers”. However, as stated above claim 10, 112 2nd issues remain unresolved with regards to whether the claim includes the limitation of the “plurality of containers”. As the claims are currently presented, the plurality of containers are not positively claimed and are considered only as intended use. Therefore, claims 10-18 remain rejected under 102 in view Skolik, as previously recited above.
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 JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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/ROBERT J HICKS/Primary Examiner, Art Unit 3736
/JENINE SPICER/ Examiner, Art Unit 3736
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