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 .
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, 17, 21, 45, and 49 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuhn et al. (WO 2006/023692 A2; hereinafter Kuhn).
Regarding claims 1, 17, 21, 45, and 49, Kuhn discloses a pizza box and blank for making comprising a bottom panel (11); a sidewall (12-15) foldably coupled to the bottom panel and extending at least partially around an interior of the tray (see Figures 1-2), the sidewall including a left portion opposite a right portion, the left portion having a left distal support edge (35) and the right portion having a right distal support edge (36), wherein the left portion extends at an acute angle from the bottom panel and wherein the right portion extends at an acute angle from the bottom panel (see Fig. 2); a lid comprising at least a top panel (16/17); and one or more indentations (between and adjacent 28/29) defined along the left distal support edge and along the right distal support; wherein the container comprises an open configuration in which the top panel is at least partially spaced from the interior of the tray (see Fig. 3) and a closed configuration in which the top panel is positioned at least partially in the interior of the tray (see Fig. 1; Examiner notes that the top panels are below and maximum height of the sidewalls).
Allowable Subject Matter
Claims 2-15, 18-20, 22-33, 46-48, 50, and 52 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, see Pages 15-20, filed 06/08/2026, with respect to the rejection(s) of claim(s) 1-15, 17-33, 45-50, and 52 under USC 102(a)(1)—in view of Manners or Valencia have been fully considered and are persuasive. The previously applied prior art fails to disclose or teach containers with the requisite shape (i.e. a top wall with a smaller surface area than a bottom wall). Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USC 102(a)(1)--Kuhn.
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 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.
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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
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