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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 38-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 38, the recitation that the first and second foldable inserts are “connected to each of the plurality of panels” appears to be misdescriptive. The claim recites “parallel fold lines,” the plural indicating at least two fold lines, and therefore, at least three panels. That can only be referring to the embodiments of Figs. 19-24. In each of those embodiments, the first and second foldable inserts are connected to two of the panels, not “each” of them.
Further, the phrase “a first end” and the phrase “a second end” are now repeated in the claim, making it unclear whether the second instance of “a first end” is the same as the first instance of “a first end” and whether the second instance of “a second end” is the same as the first instance of “a second end.”
Claims 39 and 40 are rejected based on their dependency, respectively.
Response to Arguments
Applicant's arguments filed February 11, 2026 have been fully considered but they are not persuasive.
Regarding the rejection of claim 38 under 35 USC 112, the amendment filed February 11, 2026 does not appear to correct the problem that led to the rejection. Unfortunately, Applicant’s remarks do not explain why Applicant thinks the amendment does overcome the rejection. They merely state that Applicant “submits this rejection is now moot.”
Allowable Subject Matter
Claims 21-25 and 28-37 are allowed.
Claims 38-40 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 21 and 38, the recitation that the locking mechanism includes a tab having a main body portion that lays flat against the insert when in the locked position (best illustrated in Figs. 6 and 7) defines over the prior art of record.
Claims 22-25 and 28-37 are allowed based on their dependencies, respectively.
Claims 39 and 40 would be allowable based on their dependencies, respectively.
Conclusion
THIS ACTION IS MADE FINAL. 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 GARY C HOGE whose telephone number is (571)272-6645. The examiner can normally be reached Monday through Friday.
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/GARY C HOGE/Primary Examiner, Art Unit 3631