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 .
Applicant's election with traverse of the invention of Group I drawn to a blank, and of the species thereof of Group 2, the species of Figs. 2A-2G in the reply filed on 9/22/25 is acknowledged. The traversal is on the ground(s) that all of the pending claims are linked so as to form a general inventive concept. This is not found persuasive because a blank and a package are fundamentally different products, the claims of each requiring considerations and searches that are different from one another.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/15/23. An action on the merits of claims 9-11 follows.
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) 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Devereux (WO 87/02966).
Regarding claim 9, Devereux discloses a foldable blank (viewing Fig. 1 rotated counter-clockwise 90 degrees) comprising:
a base (1) at least partially bounded by a first bottom edge, a second bottom edge, a third bottom edge and a fourth bottom edge (see Figure 1, innermost “hinges” (10) surrounding base (1));
a first sidewall (2, bottom in Figure 1) connected to the base at the first bottom edge (innermost bottom hinge (10) in Figure 1), the first sidewall at least partially bounded by the first bottom edge and an opposing first top edge (outermost bottom hinge (10) in Figure 1);
a second sidewall (2, top in Figure 1) connected to the base at the second bottom edge (innermost top hinge (10) in Figure 1), the second sidewall at least partially bounded by the second bottom edge and an opposing second top edge (outermost top hinge (10) in Figure 1);
a third sidewall (3a, left side, in Figure 1) connected to the base at the third bottom edge (extending vertically, in Figure 1, between innermost top and bottom hinges (10)), the third sidewall at least partially bounded by the third bottom edge and an opposing third top edge (extending vertically, in Figure 1, between 3a and 3c);
a fourth sidewall (3a, right side, in Figure 1) connected to the base at the fourth bottom edge (extending vertically, in Figure 1, between innermost top and bottom hinges (10)), the fourth sidewall at least partially bounded by the fourth bottom edge and an opposing fourth top edge(extending vertically, in Figure 1, between 3a and 3c);
a first flange (5, bottom) connected to the first sidewall at the first top edge;
a second flange (5, top) connected to the second sidewall at the second top edge;
a third flange (3c, left) connected to the third sidewall at the third top edge; and
a fourth flange (3c, right) connected to the fourth sidewall at the fourth top edge;
wherein each of the base, the first sidewall, the second sidewall, the third sidewall, the fourth sidewall, the first flange, the second flange, the third flange and the fourth flange are constructed from a polymeric sheet (“e.g. the preferred material of which the blank is made may be as described above, and/or the side wall portions may be hinged to the base portion by respective integral thin strips of plastics material”), and
wherein at least one of the base, the first sidewall, the second sidewall, the third sidewall, and the fourth sidewall comprises a restraining feature that is a permanent imprint in the foldable blank (see at least ridges 112, 113).
Regarding claim 10, see hinges as noted above.
Regarding claim 11 see Fig 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB K ACKUN whose telephone number is (571)272-4418. The examiner can normally be reached Monday-Thursday 11am-7pm.
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/JACOB K ACKUN/Primary Examiner, Art Unit 3736