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 Claims 11-19 in the reply filed on 08/20/2025 is acknowledged.
Claims 1-10 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 08/20/2025.
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) 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brundage (US 2016/0137333 A1).
Regarding claim 11, Brundage discloses blanks and methods for forming containers having stacking platforms comprising a first side (138), a second side (122), a back side (130), a first bottom flap (192), and a second bottom flap (184); folding the first side and second side ninety degrees towards one another relative to the back side (see Figures 2-4); folding the first bottom flap ninety degrees towards second side (see Fig. 4); folding the second bottom flap ninety degrees towards the first side; and engaging a coupling feature (Examiner considers the coupling feature to be the engagement of locking tabs 250 and 222 with slots 214 and 216) between the first bottom flap and second bottom flap to maintain the container in a folded configuration while providing a substantially planar surface along both the first bottom flap and the second bottom flap.
Regarding claim 12, Brundage discloses a method further comprising folding a center bottom flap (188) extending from the back side ninety degrees towards the first bottom flap and the second bottom flap (see Figures 1-4).
Regarding claim 13, Brundage discloses a method further comprising coupling the center bottom flap to both the first bottom flap and the second bottom flap (via slots 216 and 214) such that the center bottom flap, first bottom flap, and second bottom flap are coupled to one another in a substantially planar configuration.
Regarding claims 14-15, Brundage discloses a method wherein the coupling feature comprises a male dovetail feature (258/260/262) of the first bottom flap coupled to a female dovetail feature (228/230/232) of the second dovetail flap. Examiner considers the indentions to form “dovetail” features in the respective bottom flaps.
Claim(s) 11-13 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Drummond et al. (US 12145770 B2; hereinafter Drummond).
Regarding claim 11, Drummond discloses a blank for forming a shipping carton with an integrated display tray and method for making comprising a first side (116), a second side (136), a back side (162), a first bottom flap (118), and a second bottom flap (138); folding the first side and second side ninety degrees towards one another relative to the back side (see Figures 3-6); folding the first bottom flap ninety degrees towards second side (see Figures 5-6); folding the second bottom flap ninety degrees towards the first side; and engaging a coupling feature (Examiner considers the coupling feature to be the engagement of adhesive on glue flaps 120 and 140 to form the bottom) between the first bottom flap and second bottom flap to maintain the container in a folded configuration while providing a substantially planar surface along both the first bottom flap and the second bottom flap (see Col 3 lines 25-55; and Col 4 lines 37-65).
Regarding claim 12, Drummond discloses a method further comprising folding a center bottom flap (102) extending from the back side ninety degrees towards the first bottom flap and the second bottom flap (see Figures 1-6).
Regarding claims 13 and 19, Drummond discloses a method further comprising coupling the center bottom flap to both the first bottom flap and the second bottom flap (Col 4 lines 37-65) such that the center bottom flap, first bottom flap, and second bottom flap are coupled to one another in a substantially planar configuration.
Regarding claims 16-17, Drummond discloses a method further comprising folding a first outer flap (124) about 180 degrees relative to the first side and folding a second outer flap (144) about 180 degrees relative to the second side to form respective first and second angled edges there along when in the folded configuration (see Figures 3-5; Examiner notes that the top edge of each respective flap is angled).
Regarding claim 18, Drummond discloses a method further comprising applying an adhesive between the first outer flap and the first side and between the second outer flap and the second side to hold the first and second outer flap against the respective first or second side in the folded configuration (Col 3 lines 25-55).
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.
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.
/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734