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 is in response to the Amendment / Request for Reconsideration-After Non-Final Rejection filed on June 18, 2025 wherein: claims 1, 5-8, 10-11, 13-20 were amended, claim 9 canceled (claims 21-22 previously canceled). Claims 9-10 were previously objected (i.e., Allowable Subject Matter) by the Examiner. The Examiner notes amendments in claims are directed to overcome rejections under 35 USC § 112 / 35 USC § 103. Examiner further notes in aforementioned reply amendments in DRAWINGS directed to overcome their objections. Therefore, claims 1-8, 10-20 are pending and will be examined.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-6, 8, 10, 13-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poyss et al. (U. S. Patent Application Publication US20180193127A1) hereinafter POYSS, in view of Gilfert (U. S. Patent Application Publication US20110024318A1) hereinafter GILFERT.
Regarding claim 1, POYSS teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 below) a storage system 10 comprising:
a first main panel 14 comprising:
a first side face P2-01 comprising a first protrusion 46 adjacent to a first recess 50;
a second side face P2-02 comprising a second recess 58 adjacent to a second protrusion 54; and
a first product cavity 34 disposed between the first side face P2-01 and the second side face P2-02,
wherein the first protrusion 46 and the second protrusion 54 are positioned at a first distance P3-01 from a first end P3-03 of the first main panel 14, and
wherein the first recess 50 and the second recess 58 are positioned at a second distance P3-02 from the first end P3-03 of the first main panel 14.
POYSS fails to teach an end panel comprising a holding protrusion extending from an end face, the holding protrusion comprising a holding recess positioned within the holding protrusion.
POYSS fails to teach wherein the first protrusion 46 and the second recess 58 are positioned at a first distance P3-01 from a first end P3-03 of the first main panel 14, and
POYSS fails to teach wherein the first recess 50 and the second protrusion 54 are positioned at a second distance P3-02 from the first end P3-03 of the first main panel 14.
However, GILFERT teaches (see FIG. 1 - FIG. 3, FIG. 10 - FIG. 11, FIG. 18 below) a bottle shipping package 100, 130, 150, wherein an end panel 150 comprising a holding protrusion G11-01 extending from an end face G11-02, the holding protrusion 154 comprising a holding recess 154 positioned within the holding protrusion 154 for securement purposes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have the modified relative placement among first protrusion 46 / second protrusion 54 / first recess 50 / second recess 58 such that first protrusion 46 / second recess 58 are at a first distance P3-01 and first recess 50 / second protrusion 54 are a second distance P3-02 since their locations will not have modified the operation of the storage system 10 of POYSS. MPEP 2144.04, VI. REVERSAL, DUPLICATION, OR REARRANGEMENT OF PARTS
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified storage system 10 of POYSS with end panel 150 as taught in the bottle shipping package 100, 130, 150 of GILFERT for securement purposes.
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Regarding claim 2, POYSS and GILFERT (as applied to claim 1 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, wherein: the first protrusion 46 of the first main panel 14 is sized to engage a first recess 50 of a second main panel 16 substantially the same as the first main panel 14, and the second recess 58 of the first main panel 14 is sized to engage a second protrusion 54 of the second main panel 16.
POYSS fails to teach wherein: the first protrusion 46 of the first main panel 14 is sized to engage a second recess 58 of a second main panel 16 substantially the same as the first main panel 14, and the first recess 50 of the first main panel 14 is sized to engage a second protrusion 54 of the second main panel 16.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have the modified relative placement among first protrusion 46 / second protrusion 54 / first recess 50 / second recess 58 such that first protrusion 46 of first main panel 14 engage a second recess 58 of second main panel 16 and first recess 50 of first main panel 14 engage a second protrusion 54 of the second main panel 16 since their locations will not have modified the operation of the storage system 10 of POYSS and GILFERT. MPEP 2144.04, VI. REVERSAL, DUPLICATION, OR REARRANGEMENT OF PARTS
Regarding claim 3, POYSS and GILFERT (as applied to claim 2 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, wherein the first main panel 14 is stackable with the second main panel 16 such that a front face P2-03 of the second main panel 16 abuts a rear face P2-04 of the first main panel 14.
Regarding claim 4, POYSS and GILFERT (as applied to claim 1 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, wherein the first main panel 14 further comprises an end face P2-05 comprising an end protrusion 38 and an end recess 40, the end protrusion 38 being sized to engage an end recess P2-06 on a second main panel 16 substantially the same as the first main panel 14.
Regarding claim 5, POYSS and GILFERT (as applied to claim 4 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, wherein the first main panel 14 further comprises a stop ledge P2-07 disposed proximate the end face P2-05.
Regarding claim 6, POYSS and GILFERT (as applied to claim 1 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, wherein a second end 22 of the first main panel 14 opposite the first end P3-03 includes a product opening P3-04.
Regarding claim 8, POYSS and GILFERT (as applied to claim 1 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, wherein the first main panel 14 further comprises:
a second product cavity 34 disposed between the first side face P2-01 and the second side face P2-02; and
a partition 35 disposed between the first product cavity 34 and the second product cavity 34.
Regarding claim 10, POYSS and GILFERT (as applied to claim 1 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, further comprising a second main panel 16 substantially the same as the first main panel 14, wherein:
the first protrusion 46 of the first main panel 14 is sized to engage a second recess 58 of the second main panel 16, and
the first recess 50 of the first main panel 14 is sized to engage a second protrusion 54 of the second main panel 16.
Regarding claim 13, POYSS teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) system 10 comprising:
a molded main panel 14 sized and shaped to interlock (FIG. 7) with a substantially similar second molded main panel 16, the molded main panel 14 comprising:
a first side face P2-01 comprising a first protrusion 46 adjacent to a first recess 50;
a second side face P2-02 comprising a second recess 58 adjacent to a second protrusion 54; and
a first product cavity 34 disposed between the first side face P2-01 and the second side face P2-02,
wherein the first protrusion 46 and the second protrusion 54 are positioned at a first distance P3-01 from a first end P3-03 of the molded main panel 14, and
wherein the first recess 50 and the second recess 58 are positioned at a second distance P3-02 from the first end P3-03 of the molded main panel 14.
POYSS fails to teach wherein the first protrusion 46 and the second recess 58 are positioned at a first distance P3-01 from a first end P3-03 of the molded panel 14.
POYSS fails to teach wherein the first recess 50 and the second protrusion 54 are positioned at a second distance P3-02 from the first end P3-03 of the molded panel 14.
POYSS fails to teach an end panel comprising a holding protrusion extending from an end face, the holding protrusion comprising a holding recess positioned within the holding protrusion.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have the modified relative placement among first protrusion 46 / second protrusion 54 / first recess 50 / second recess 58 such that first protrusion 46 / second recess 58 are at a first distance P3-01 and first recess 50 / second protrusion 54 are a second distance P3-02 since their locations will not have modified the operation of the molded main panel 14 of POYSS. MPEP 2144.04, VI. REVERSAL, DUPLICATION, OR REARRANGEMENT OF PARTS
Furthermore, GILFERT teaches (see FIG. 1 - FIG. 3, FIG. 10 - FIG. 11, FIG. 18 above) a bottle shipping package 100, 130, 150, wherein an end panel 150 comprising a holding protrusion G11-01 extending from an end face G11-02, the holding protrusion 154 comprising a holding recess 154 positioned within the holding protrusion 154 for securement purposes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified system 10 of POYSS with end panel 150 as taught in the bottle shipping package 100, 130, 150 of GILFERT for securement purposes.
Regarding claim 14, POYSS and GILFERT (as applied to claim 13 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) molded main panel 14, wherein: the first protrusion 46 of the molded main panel 14 is sized to engage a first recess 50 of a second main panel 16 substantially the same as the molded main panel 14, and the second recess 58 of the molded main panel 14 is sized to engage a second protrusion 54 of the second main panel 16.
POYSS fails to teach wherein: the first protrusion 46 of the molded main panel 14 is sized to engage a second recess 58 of a second main panel 16 substantially the same as the molded main panel 14, and the first recess 50 of the molded main panel 14 is sized to engage a second protrusion 54 of the second main panel 16.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have the modified relative placement among first protrusion 46 / second protrusion 54 / first recess 50 / second recess 58 such that first protrusion 46 of molded main panel 14 engage a second recess 58 of second main panel 16 and first recess 50 of molded main panel 14 engage a second protrusion 54 of the second main panel 16 since their locations will not have modified the operation of the molded panel 14 of POYSS. MPEP 2144.04, VI. REVERSAL, DUPLICATION, OR REARRANGEMENT OF PARTS
Regarding claim 15, POYSS and GILFERT (as applied to claim 14 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) molded main panel 14, wherein the molded main panel 14 is stackable with the second main panel 16 such that a front face P2-03 of the second main panel 16 abuts a rear face P2-04 of the molded main panel 14.
Regarding claim 16, POYSS and GILFERT (as applied to claim 13 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) molded main panel 14, wherein the molded main panel 14 further comprises an end face P2-05 comprising an end protrusion 38 and an end recess 40, the end protrusion 38 being sized to engage an end recess 40 on a second main panel 16 substantially the same as the molded main panel 14.
Regarding claim 17, POYSS and GILFERT (as applied to claim 16 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) molded main panel 14, wherein the main panel 14 further comprises a stop ledge P2-07 disposed proximate the end face P2-05.
Regarding claim 18, POYSS and GILFERT (as applied to claim 13 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) molded main panel 14, wherein a second end 22 of the main panel 14 opposite the first end P3-03 includes a product opening P3-04.
Regarding claim 20, POYSS and GILFERT (as applied to claim 13 above) teaches all the limitations of the claim. POYSS further teaches (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) molded main panel 14, wherein the main panel 14 further comprises:
a second product cavity 34 disposed between the first side face P2-01 and the second side face P2-02; and
a partition 35 disposed between the first product cavity 34 and the second product cavity 34.
Claim(s) 7, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over POYSS, in view of GILFERT, in further view of Bixler et al. (U. S. Patent US3708084A) hereinafter BIXLER.
Regarding claim 7, POYSS and GILFERT (as applied to claim 1 above) teaches all the limitations of the claim. POYSS fails to teach (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, wherein the first main panel 14 further comprises a dampening recess disposed along a length P3-05 of the first product cavity 34.
However, BIXLER teaches (see FIG. 1 - FIG. 3, FIG. 12 - FIG. 14 below) packing case 10, wherein the main panel 224 further comprises a dampening recess 231 disposed along a length B14-01 of the first product cavity 230 for cushioning (page 7, col. 4, lines 16-24, “... pocket cushions...”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified first product cavity 34 in the storage system 10 of POYSS and GILFERT with first product cavity 230 as taught in the packing case 10 of BIXLER for cushioning.
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Regarding claim 19, POYSS and GILFERT (as applied to claim 13 above) teaches all the limitations of the claim. POYSS fails to teach (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) molded main panel 14, wherein the molded panel 14 further comprises a dampening recess disposed along a length P3-05 of the first product cavity 34.
However, BIXLER teaches (see FIG. 1 - FIG. 3, FIG. 12 - FIG. 14 above) packing case 10, wherein the main panel 224 further comprises a dampening recess 231 disposed along a length B14-01 of the first product cavity 230 for cushioning purposes(page 7, col. 4, lines 16-24, “... pocket cushions...”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified first product cavity 34 in the molded main panel 14 of POYSS and GILFERT with first product cavity 230 as taught in the packing case 10 of BIXLER for cushioning purposes.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over POYSS, in view of GILFERT, in further view of Hurley et al. (U. S. Patent Application US20030070951A1) hereinafter HURLEY.
Regarding claim 11, POYSS and GILFERT (as applied to claim 1 above) teaches all the limitations of the claim. POYSS fails to teach (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, wherein the main panel 14 comprises a fiber-pulp material.
However, HURLEY teaches (see FIG. 1 below) packaging arrangement (FIG. 1), wherein the tray 18, 20, 22, 24, 26 comprises a fiber-pulp material for recycling purposes (page 32, para. [0124], lines 11-16, “... paper fibers...”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified main panel 14 in the storage system 10 of POYSS and GILFERT with tray 18, 20, 22, 24, 26 as taught in the packaging arrangement (FIG. 1) of HURLEY for recycling purposes.
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Regarding claim 12, POYSS, GILFERT, and HURLEY (as applied to claim 11 above) teaches all the limitations of the claim. POYSS fails to teach (see FIG. 1 - FIG. 3, FIG. 3A, FIG. 4 - FIG. 7, FIG. 7A, FIG. 8 above) storage system 10, wherein the fiber-pulp material comprises from between 40% and 60% biomass material by weight.
Furthermore, HURLEY fails to teach (see FIG. 1 above) packaging arrangement (FIG. 1), wherein the fiber-pulp material comprises from between 40% and 60% biomass material by weight.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the fiber-pulp material in the storage system 10 (i. e., first main panel 14 / second main panel 16) of POYSS, GILFERT, and HURLEY to comprise between 40% and 60% biomass material by weight to meet design requirements. Moreover, it has been held that where the general condition of the claim is disclosed in the prior art, it is not inventive to discover the optimum or workable ranges (i. e., 40% and 60% biomass material by weight). MPEP 2144.05, II. ROUTINE OPTIMIZATION.
Response to Arguments
Applicant's arguments / amendments regarding rejections under 35 USC § 112(b) of claims 5-8, 11-20 / objection of DRAWINGS in the reply filed June 18, 2025 have been considered and found persuasive.
Applicant's arguments / amendments regarding rejections under 35 USC § 103 of claims 1-8, 10-20 in aforementioned reply have been considered but are moot because the new ground of rejections does not rely on exactly all references applied in the prior rejection of record for any teaching or matter specifically challenged in the Applicant’s arguments.
Furthermore, upon further review, the allowable claim 9 has been found to not be allowable based only newly located reference(s).
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
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 extension fee 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 date of this final action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kinyon (U. S. Patent US9926116B2): Teaches a “packaging” with similar characteristics as the claimed invention.
Phillips et al. (U. S. Patent US6012580A): Teaches a “dispenser” with similar characteristics as the claimed invention.
Comer (U. S. Patent US4942965A): Teaches a “tray” with similar characteristics as the claimed invention.
Rowe et al. (U. S. Patent US5842567A): Teaches a “package” with similar characteristics as the claimed invention.
Bargeron et al. (U. S. Patent US8646603B2): Teaches an “apparatus” with similar characteristics as the claimed invention.
Chadbourne (U. S. Design Patent USD249638S): Teaches a “tray” with similar characteristics as the claimed invention.
Britt (U. S. Patent US3707227A): Teaches a “tray” with similar characteristics as the claimed invention.
Gale (W. I. P. O. Patent Application Publication WO1998026996A1): Teaches a “package” with similar characteristics as the claimed invention.
Adair et al. (U. S. Patent Application Publication US20110132797A1): Teaches a “packaging” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
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, ANTHONY D. STASHICK can be reached on (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735