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 .
Election/Restrictions
Applicant’s election without traverse of Species 1 (Figures 1-6 drawn to a tray with an integral lid) Claims 1-15, 17-33, 45-50, and 52 in the reply filed on 07/31/2025 is acknowledged.
Claims 16, 34-44 and 51 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/31/2025. Examiner notes that claims 16 and 44 in addition to claims 34-43 and 51 are drawn to a tray with a non-integral lid.
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, 4-10, 17-21, 24-27, 32-33, 45, 47, 49-50, and 52 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manners (US 2902200 A1).
Regarding claims 1, 21, and 45, Manners discloses a grape box and blank for making comprising a tray comprising a sidewall (12-15) extending at least partially around an interior of the tray, the sidewall having a support edge (22/43/48; see Figures 1-3; Examiner considers the rollover top edge of each sidewall to be a “support” edge); a lid comprising at least a top panel (16; Examiner considers 16 to be the top panel); and one or more passageways (26/28/38/46) formed in at least the sidewall of the tray; wherein the container comprises an open configuration (see Fig. 2) in which the top panel is at least partially spaced from the interior of the tray and a closed configuration (see Fig. 3) in which the top panel is positioned at least partially in the interior of the tray, and wherein at least a portion of the one or more passageways in at least the sidewall of the tray extends upwardly from the top panel toward the support edge of the sidewall for allowing air to move over the top panel of the lid when the container is in the closed configuration (see Fig. 3; Col 1 lines 35-43).
Regarding claims 4-5, 24-25, and 47, Manners discloses a container and blank for making wherein the tray further comprises a bottom panel (11; Examiner considers 11 to be the bottom panel) and the sidewall comprises at least an end panel foldably connected to the bottom panel (12-15; see Fig. 1), and wherein the end panel (12/13) comprises a distal edge opposite to the bottom panel and extending along at least a portion of a passageway of the one or more passageways (Examiner notes that a distal portion of end panels 12 and 13 extend along at least a portion of passageway 38).
Regarding claims 6-8 and 26-27, Manners discloses a container and blank for making wherein the sidewall further comprises at least an end flap (36/37) in an overlapping relationship with the end panel.
Regarding claims 9-10 and 52, Manners discloses a container and blank for making wherein the sidewall comprises at least an end panel (36/37), wherein the end panel comprises two spaced protrusions (38) and a recess (39) extending between the two protrusions, and wherein the recess extends along a passageway of the one or more passageways.
Regarding claim 17, Manners discloses a container and blank for making wherein the lid is foldably connected to the sidewall of the tray along a hinge (22).
Regarding claims 18-20, 32-33, and 49-50, Manners discloses a container and blank for making wherein the sidewall comprises a side panel, the hinge comprises a hinge panel (21) foldably connected to the side panel along a first fold line, and the hinge panel is foldably connected to the top panel along a second fold line (23).
Claim(s) 1-8, 11-15, 21-31, and 45-48 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valencia (US 2014/0263600 A1).
Regarding claims 1, 21, and 45, Valencia discloses a reclosable and stackable food tray and blank for making comprising a tray comprising a sidewall (130/132/134/136) extending at least partially around an interior of the tray, the sidewall having a support edge (140/142/144/146; see Fig. 5); a lid comprising at least a top panel (104; see Fig. 5); and one or more passageways (Examiner considers the passageways to be the gaps between the support edges when the containers are stacked) formed in at least the sidewall of the tray; wherein the container comprises an open configuration (i.e. when the lid is opened) in which the top panel is at least partially spaced from the interior of the tray and a closed configuration (see Fig. 5) in which the top panel is positioned at least partially in the interior of the tray, and wherein at least a portion of the one or more passageways in at least the sidewall of the tray extends upwardly from the top panel toward the support edge of the sidewall for allowing air to move over the top panel of the lid when the container is in the closed configuration (see Par. 0021 and 0032).
Regarding claims 2-3, 22-23, and 46, Valencia discloses a container and blank for making comprising a window (102; see Par. 0027) defined in at least a top panel and a film extending along the window, wherein the film is at least one of a biopolymer, a recyclable material, and a compostable material (see Par. 0027).
Regarding claims 4-5, 24-25, and 47, Valencia discloses a container and blank for making wherein the tray further comprises a bottom panel (138) and the sidewall comprises at least an end panel (130/132) foldably connected to the bottom panel, and wherein the end panel comprises a distal edge (110) opposite to the bottom panel and extending along at least a portion of a passageway of the one or more passageways (see Fig. 5).
Regarding claims 6-8 and 26-27, Valencia discloses a container and blank for making wherein the sidewall further comprises at least an end flap (see Fig. 2; Examiner considers the corner gussets to be end “flaps”) in an overlapping relationship with the end panel.
Regarding claims 11-15, 28-31, and 48, Valencia discloses a container and blank for making wherein the tray further comprises a bottom closure flap (106) foldably connected to the sidewall (134; see Fig. 2) and extending along at least a portion of the interior of the tray, and a locking slot (118) extends in the bottom closure flap, wherein the lid further comprises a locking tab (116) extending from the top panel, and wherein the locking tab is at least partially received in the locking slot when the container is in the closed configuration (see Fig. 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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.
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, 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