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 .
In view of the Appeal Brief filed on 06/03/2026, PROSECUTION IS HEREBY REOPENED. A new ground of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/SHELLEY M SELF/ Supervisory Patent Examiner, Art Unit 3731
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Aganovic et al. (U.S. Pat. No. 11,433,634).
Regarding claim 1: Aganovic discloses a container forming apparatus for forming a container from a blank, the blank including a bottom panel, two opposing side panels, two opposing end panels, a respective end flange panel extending from a top edge of each end panel, a respective end flange tab extending from each side edge of each end flange panel, a respective side flange panel extending from a top end of each side panel, and a respective side flange tab extending from each end edge of each side flange panel, the apparatus comprising:
a blank transfer station including an adhesive assembly comprising a plurality of adhesive applicators (Figs. 3 & 6; via adhesive assembly 206),
wherein the blank is transferred in a blank transfer direction through the adhesive assembly, where at least one of the adhesive applicators applies hot- melt adhesive to an interior surface of the side flange tabs (Fig. 1; via blank passing by the adhesive assembly 206; “hot-melt” adhesive inherently used in the blank/container arts); and
a compression station downstream of the blank transfer station, the compression station comprising a vertically movable mandrel (Fig. 8; via mandrel assembly 250 of the compression station 208) and a forming tool below the mandrel (via the shown tool & folding plates 208 below the mandrel 250), wherein the forming tool defines a cavity therein and has an inner profile complementary in shape to an outer profile of the mandrel (via central passage 259 around the bottom forming tool and plates 208), see below annotated figure.
wherein the blank is positioned beneath the mandrel, and the mandrel drives the blank downward into the cavity of forming tool, which rotates the end panels inwardly into engagement with the mandrel and rotates the side panels inwardly into engagement with the mandrel and the end panels, see for example (Figs. 8 & 12-14; via the shown mandrel assembly 250 pressing down the blank into cavity 259 to fold the blank’s panels);
the compression station further comprising end compression plates and side compression plates coupled to the mandrel, see for example (Figs. 12 & 14-16; via plates 268, 298, 288 and corner compression plates 308, 312),
wherein the side compression plates rotate the side flange panels outwardly into engagement with a top edge of the forming tool, and, subsequently, the end compression plates rotate the end flange panels outwardly into engagement with the top edge of the forming tool, the end compression plates further compressing the end flange tabs against the side flange tabs to form the container having a fully formed top flange, see for example the final folded outwardly flange panels (Figs. 1 & 13-16; via the outer reinforcing panel assembly 106; further intended use limitations of the actual compression plates not given much patentable weight).
PNG
media_image1.png
558
752
media_image1.png
Greyscale
PNG
media_image2.png
620
746
media_image2.png
Greyscale
Regarding claim 2: wherein the blank further includes a respective interior side panel extending from each side edge of each end panel, see for example (Figs. 1 & 13-16; via side panels 22 & 26),
wherein, as the blank is transferred through the adhesive assembly (via adhesive assembly 206), at least one of the pluralities of adhesive applicators is further configured to apply the holt-melt adhesive to a portion of an interior surface of the side panels (the use of “hot-melt” adhesive is very inherent and used in the blank/container’s arts),
wherein, as the mandrel drives the blank into the cavity of the forming tool, the forming tool rotates the interior side panels inwardly into engagement with the mandrel prior to rotating the side panels into engagement with the mandrel, and the forming tool compresses the side panels against the interior side panels in an overlying face-to-face relationship, see for example (Figs. 12 & 13-16; via plates 268, 298, 288 and corner compression plates 308, 312).
Regarding claim 3: wherein the compression station further comprises a plurality of forming ears positioned around a perimeter of the folding tool, each forming ear extending partially inwardly into the cavity to engage the interior side panels as the blank is lowered towards the folding tool, see for example (Fig. 12; via any of 308, 294, and/or 268).
Regarding claim 4: wherein the compression station further comprises a cam mounted on the mandrel, wherein the cam engages with cam follower bearings to rotate the forming ears away from the cavity as the mandrel lowers the blank further the folding tool (Fig. 5; via cam/cam follower 234).
Regarding claim 5: wherein the blank transfer station is configured to advance the blank, including the hot-melt adhesive applied thereto, from the adhesive assembly to the compression station while the holt-melt adhesive remains molten, see for example (Fig. 3; via the blank passes by the adhesive assembly 206 then the compression station 208).
Regarding claim 6: wherein a timing of the compression station is controlled using a control system, such that the hot-melt adhesive cures during compression of the blank to form the container (via “mandrel drive 252 is driven by a servo-controlled machine”).
Regarding claim 7: wherein the adhesive applicators are configured to apply the hot-melt adhesive having a viscosity of at least 2000 centipoise (cps); (intended use limitations of the claimed “adhesive applicators”, not given much patentable weight).
Regarding claim 8: wherein the mandrel comprises a vacuum assembly configured to retain the blank against the mandrel (it is noted that a use of vacuum assembly in the blank arts to hold a blank in place is very inherent; see for example (vacuum suction mechanism 222).
Regarding claim 9: further comprising a clamping tool configured to transfer the formed container from the compression station to a stacking station (via fixed plates 294 to align and hold the blank in place).
Regarding claim 10: wherein movement of the side compression plates and the end compression plates is controlled independently of movement of the mandrel using a control system; (via “mandrel drive 252 is driven by a servo-controlled machine”, while the “Mandrel assembly 250 includes retractable forming plates” and/or Figs. 8 & 12-16 show the compression plates 294 as being separate from the mandrel assembly 250, inherently controlled separately).
Response to Arguments
In response to the latest filed Appeal Brief on 06/03/2026 and conducted Office Appeal Conference on 07/13/2026, the latest filed FR. filed on 12/03/2025 has been withdrawn. A new Non-Final Office action processed as set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 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, Shelle Self can be reached at 571-272-4524. 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.
/SAMEH TAWFIK/Primary Examiner, Art Unit 3731
Prosecution Insights