DETAILED ACTION
Status of Application
Applicant’s arguments filed on October 1, 2025 have been fully considered but they are not persuasive. The previous claim objections and 112 rejections have been withdrawn in light of Applicant’s amendments. Claims 1, 3, 4, 7, 13 and 18-20 have been amended. Claims 1-21 remain pending in the application.
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 Objections
Claim 1 is objected to for the following informalities:
In line 27, “the proximal end” should be --a proximal end--,
In lines 30-31, “a closed position” should be --in a closed position--, and
In lines 34-35, “a closed position” should be --the closed position--.
Claim 18 is objected to for the following informalities:
In lines 32-33, “the proximal end” should be --a proximal end--,
In line 35, “a closed position” should be --in a closed position--,
In line 39, “a closed position” should be --the closed position--, and
In line 42, “the lid portion” should be --the container lid--.
Claim 20 is objected to for the following informalities:
In line 31, “the proximal end” should be --a proximal end--,
In line 36, “a closed position” should be --in a closed position--,
In line 40, “a closed position” should be --the closed position--, and
In line 42, “the lid portion” should be --the container lid--.
Appropriate correction is required.
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 1-21 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.
Claim 1 recites the limitation “wherein the front flap is configured to fold over and be attachable to a surface of a portion of the proximal end of the second side panel” in lines 11-12 and the limitation “wherein the front lid flap is configured to fold over and be attachable to a surface of a portion of the proximal end of the second lid side panel” in lines 25-27.
The claim is directed toward a carton. However, the limitations (i.e., “configured to” and “attachable”) are written in a manner consistent with defining a carton blank, for example. Accordingly, the intended structure is not clear. Specifically, in the carton, it is not clear whether the front flap is folded over and attached to a surface of a portion of the proximal end of the second side panel or whether, in the carton, the front flap is configured to fold over and be attachable to a surface of portion of the proximal end of the second side panel (i.e., in the carton the front flap is not folded over or attached but is configured to fold over and be attachable). In the carton, it is also not clear whether the front lid flap is folded over and attached to a surface of a portion of a proximal end of the second lid side panel or whether, in the carton, the front lid flap is configured to fold over and be attachable to a surface of a portion of a proximal end of the second lid side panel (i.e., in the carton the front lid flap is not folded over or attached but is configured to be fold over and be attachable).
For the purpose of examination, the front flap will be considered to be folded over and attached to a surface of a portion of the proximal end of the second side panel and the front lid flap will be considered to be folded over and attached to a surface of a portion of a proximal end of the second lid side panel.
Claims 18 and 20 recite the same limitations as claim 1 above and thus, are rendered indefinite for the same reasons provided above with respect to claim 1.
Clams 2-17, 19 and 21 are rejected as being dependent on, and failing to cure the deficiencies of, independent claims 1, 18 and 20.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 5-12, 14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hanko (US 5,037,026 A) in view of Sorenson (US 5,332,147 A) or Eisman (US 4,877,178 A).
Regarding claim 1, Hanko teaches a clamshell carton, comprising:
a container body (414), comprising:
a floor panel (418); and
a plurality of side panels (426, 428, 430) extending about a periphery of the floor panel, the plurality of side panels comprising a first side panel, a second side panel, and a rear side panel (Fig. 21), wherein the first side panel comprises a front flap (450) extending from a proximal end of the first side panel and a first front latch (469) extending from the proximal end of the first side panel and disposed above the front flap, and the second side panel comprises a second front latch feature (494) extending from a proximal end of the second side panel (Fig. 21); and wherein the front flap is folded over and attached to a surface of a portion of the proximal end of the second side panel (Fig. 25), wherein first front latch and the second front latch feature are mirror images of one another (Fig. 21), and are configured and positioned, such that when the front flap is folded over and attached to the proximal end of the second side panel, the first front latch and the second front latch feature are brought together and form a single container body front latch (Fig. 25);
a container lid (416), comprising:
a top panel (456); and
a plurality of a lid side panels (464, 466, 468) extending about a periphery of the top panel, the plurality of lid side panels comprising a first lid side panel, a second lid side panel, and a rear lid side panel (Fig. 21); wherein the first lid side panel comprises a front lid flap (488) extending from a proximal end of the first lid side panel, and a front lid latch slot (492) formed at an intersection of the first lid side panel and the front lid flap, wherein the front lid flap is configured to fold over and be attachable to a surface of a portion of a proximal end of the second lid side panel (Fig. 25); and wherein when the front lid flap is folded over and attached to the proximal end of the second lid side panel, the front lid latch slot is configured to receive the container body front latch when the container lid is in a closed position (Fig. 22); and
a moveable joint (436) formed between the rear side panel and the rear lid side panel, wherein the container lid is connected to the container body by the moveable joint, and wherein the container lid is configured to be movable between the closed position and an opened position (column 10 line 18-column 12 line 44 and Fig. 21-25).
Hanko fails to teach one or more slots formed along the moveable joint. Sorenson and Eisman teach analogous clamshell cartons comprising a container body including a floor panel (Sorenson: Fig. 1, 3, 5, 13, 15, Eisman: 14) and a plurality of side panels (Sorenson: Fig. 1, 3-11, 13-24, Eisman: 15, 16, 17, 18) extending around a periphery of the floor panel (Sorenson: Fig. 1, 3-11, 13-24, Eisman: Fig. 1-4), a container lid (Sorenson: 6, Eisman: 12) including a top panel (Sorenson: Fig. 1, 3-5, 11, 13-15, Eisman: 37) and a plurality of lid side panels (Sorenson: Fig. 1, 3-11, 13-24 Eisman: 38, 40, 41, 39) extending about a periphery of the top panel, and a moveable joint (Sorenson: 10, Eisman: 58) formed between a rear side panel (15) and a rear lid side panel (39), wherein the container lid is connected to the container body by the moveable joint, and wherein the container lid is configured to be movable between a closed position and an opened position. Sorenson and Eisman further teach that it is known and desirable in the prior art to provide one or more slots (Sorenson: 20 and Eisman: slotted fold line 58) along the moveable joint in order to facilitate easy opening and closing of the carton without buckling occurring in the region of the moveable joint (Sorenson: abstract, column 3 line 42-column 4 line 2, column 4 lines 37-61 and Fig. 16-20 and Eisman: column 2 line 32-column 3 line 59 and Fig. 1-4).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko by providing one or more slots along the moveable joint, as taught by Sorenson or Eisman, in order to facilitate easy opening and closing of the carton without buckling occurring in the region of the moveable joint.
Regarding claim 3, Hanko as modified by Sorenson or Eisman teaches the clamshell carton of claim 1 above, wherein the container body front latch when received by the front lid latch slot secures the container lid in the closed position (Hanko: column 12 lines 3-27).
Regarding claim 5, Hanko as modified by Sorenson or Eisman teaches the clamshell carton of claim 1 above, wherein the container body and the container lid comprise a generally triangular shape (Hanko: Fig. 21-25).
Regarding claim 6, Hanko as modified by Sorenson or Eisman teaches the clamshell carton of claim 1 above, wherein the container lid is configured to fit over the container body in the closed position, and wherein the lid side panels are exterior to the container body side panels in the closed position (Hanko: Fig. 22-24).
Regarding claim 7, Hanko as modified by Eisman teaches the clamshell carton of claim 1 above, wherein the one or more slots comprise two slots (Eisman: Fig. 1, 2).
Regarding claim 8, Hanko as modified by Eisman teaches the clamshell carton of claim 1 above, wherein the one or more slots comprise three slots spaced substantially evenly apart from one another (Eisman: Fig. 1, 2).
Regarding claim 9, Hanko as modified by Eisman teaches the clamshell carton of claim 1 above, wherein the one or more slots comprise four slots spaced substantially evenly apart from one another (Eisman: Fig. 1, 2).
Regarding claim 10, Hanko as modified by Sorenson teaches the clamshell carton of claim 1 above, the one or more slots are generally ovular in shape (Sorenson: Fig. 16, 20).
Regarding claim 11, Hanko as modified by Sorenson or Eisman teaches the clamshell carton of claim 1 above, but fails to teach the one or more slots having a width of about 1/4 inch. However, it has been shown in the prior art by both Sorenson and Eisman that a moveable joint can be broken up by slots of different shapes, sizes and quantities to define relief areas that prevent buckling in the area of the moveable joint (Sorenson: column 3 line 42-column 4 line 2, column 4 lines 46-61 and Fig. 16-20 and Eisman: column 2 line 32-column 3 line 59 and Fig. 1-4). 21.
Accordingly, as the general conditions of the claim are disclosed in the prior art (i.e., slots having a width) and as the inclusion of slots formed along the moveable joint is a variable which achieves a recognized result (i.e., prevents buckling in the area of the moveable joint), one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko, as modified by Sorenson or Eisman, to include one or more slots having a width sufficient to prevent buckling, including the claimed width of about 1/4 inch, as it has been held that discovering an optimum or workable range or discovering an optimum value of a result effective variable involves only routine skill in the art (MPEP 2144.05).
Regarding claim 12, Hanko as modified by Sorenson or Eisman teaches the clamshell carton of claim 1 above, but fails to teach the one or more slots comprising a length in the range of about 1 inch to about 2 inches. However, it has been shown in the prior art by both Sorenson and Eisman that a moveable joint can be broken up by slots of different shapes, sizes and quantities to define relief areas that prevent buckling in the area of the moveable joint (Sorenson: column 3 line 42-column 4 line 2, column 4 lines 46-61 and Fig. 16-20 and Eisman: column 2 line 32-column 3 line 59 and Fig. 1-4).
Accordingly, as the general conditions of the claim are disclosed in the prior art (i.e., slots having a length) and as the inclusion of slots formed along the moveable joint is a variable which achieves a recognized result (i.e., prevents buckling in the area of the moveable joint), one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko, as modified by Sorenson or Eisman, to include one or more slots having a length sufficient to prevent buckling, including the claimed length in the range of about 1 inch to 2 inches, as it has been held that discovering an optimum or workable range or discovering an optimum value of a result effective variable involves only routine skill in the art (MPEР 2144.05).
Regarding claim 14, Hanko as modified by Sorenson or Eisman teaches the clamshell carton of claim 1 above, wherein a center horizontal axis of the one or more slots is in horizontal alignment with the moveable joint formed where the rear side panel and the rear lid side panel intersect (Hanko: Fig, 21, Sorenson: 16, Eisman: Fig. 1, 2). Applying the one or more slots of Sorenson or Eisman along the moveable joint of Hanko would necessarily result in a center horizontal axis of the one or more slots being in horizontal alignment with the moveable joint formed where the rear side panel and the rear lid side panel intersect, as the one or more slots of Sorenson and Eisman include a center horizonal axis in horizontal alignment with respective moveable joints.
Regarding claim 18, Hanko teaches a method of using a clamshell carton, comprising:
providing the clam shell carton, comprising:
a container body (414), comprising:
a floor panel (418); and
a plurality of side panels (426, 428, 430) extending about a periphery of the floor panel, the plurality of side panels comprising a first side panel, a second side panel, and a rear side panel (Fig. 21), wherein the first side panel comprises a front flap (450) extending from a proximal end of the first side panel and a first front latch (469) extending from the proximal end of the first side panel and disposed above the front flap, and the second side panel comprises a second front latch feature (494) extending from a proximal end of the second side panel (Fig. 21); and wherein the front flap is folded over and attached to a surface of a portion of the proximal end of the second side panel (Fig. 25), wherein first front latch and the second front latch feature are mirror images of one another (Fig. 21), and are configured and positioned, such that when the front flap is folded over and attached to the proximal end of the second side panel, the first front latch and the second front latch feature are brought together and form a single container body front latch (Fig. 25);
a container lid (416), comprising:
a top panel (456); and
a plurality of a lid side panels (464, 466, 468) extending about a periphery of the top panel, the plurality of lid side panels comprising a first lid side panel, a second lid side panel, and a rear lid side panel (Fig. 21); wherein the first lid side panel comprises a front lid flap (488) extending from a proximal end of the first lid side panel, and a front lid latch slot (492) formed at an intersection of the first lid side panel and the front lid flap, wherein the front lid flap is configured to fold over and be attachable to a surface of a portion of a proximal end of the second lid side panel (Fig. 25); and wherein when the front lid flap is folded over and attached to the proximal end of the second lid side panel, the front lid latch slot is configured to receive the container body front latch when the container lid is in a closed position (Fig. 22); and
a moveable joint (436) formed between the rear side panel and the rear lid side panel, wherein the container lid is connected to the container body by the moveable joint, and wherein the container lid is configured to be movable between the closed position and an opened position (Fig. 21); and
placing contents into the container body (column 12 lines 3-27); and
folding the container lid along the moveable joint to the closed position (column 12 lines 3-27) (column 10 line 18-column 12 line 44 and Fig. 21-25).
Hanko fails to teach one or more slots formed along the moveable joint. Sorenson and Eisman teach analogous clamshell cartons comprising a container body including a floor panel (Sorenson: Fig. 1, 3, 5, 13, 15, Eisman: 14) and a plurality of side panels (Sorenson: Fig. 1, 3-11, 13-24, Eisman: 15, 16, 17, 18) extending around a periphery of the floor panel (Sorenson: Fig. 1, 3-11, 13-24, Eisman: Fig. 1-4), a container lid (Sorenson: 6, Eisman: 12) including a top panel (Sorenson: Fig. 1, 3-5, 11, 13-15, Eisman: 37) and a plurality of lid side panels (Sorenson: Fig. 1, 3-11, 13-24 Eisman: 38, 40, 41, 39) extending about a periphery of the top panel, and a moveable joint (Sorenson: 10, Eisman: 58) formed between a rear side panel (15) and a rear lid side panel (39), wherein the container lid is connected to the container body by the moveable joint, and wherein the container lid is configured to be movable between a closed position and an opened position. Sorenson and Eisman further teach that it is known and desirable in the prior art to provide one or more slots (Sorenson: 20 and Eisman: slotted fold line 58) along the moveable joint in order to facilitate easy opening and closing of the carton without buckling occurring in the region of the moveable joint (Sorenson: abstract, column 3 line 42-column 4 line 2, column 4 lines 37-61 and Fig. 16-20 and Eisman: column 2 line 32-column 3 line 59 and Fig. 1-4).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko by providing one or more slots along the moveable joint, as taught by Sorenson or Eisman, in order to facilitate easy opening and closing of the carton without buckling occurring in the region of the moveable joint.
Regarding claim 19, Hanko as modified by Sorenson or Eisman teaches the method of claim 18 above, wherein the container body front latch when received by the front lid latch slot secures the container lid in the closed position (Hanko: column 12 lines 3-27).
Regarding claim 20, Hanko teaches a method of using a clamshell carton, comprising:
providing the clamshell carton in a closed position with contents housed inside, the clamshell carton comprising:
a container body (414), comprising:
a floor panel (418); and
a plurality of side panels (426, 428, 430) extending about a periphery of the floor panel, the plurality of side panels comprising a first side panel, a second side panel, and a rear side panel (Fig. 21), wherein the first side panel comprises a front flap (450) extending from a proximal end of the first side panel and a first front latch (469) extending from the proximal end of the first side panel and disposed above the front flap, and the second side panel comprises a second front latch feature (494) extending from a proximal end of the second side panel (Fig. 21); and wherein the front flap is folded over and attached to a surface of a portion of the proximal end of the second side panel (Fig. 25), wherein first front latch and the second front latch feature are mirror images of one another (Fig. 21), and are configured and positioned, such that when the front flap is folded over and attached to the proximal end of the second side panel, the first front latch and the second front latch feature are brought together and form a single container body front latch (Fig. 25);
a container lid (416), comprising:
a top panel (456); and
a plurality of a lid side panels (464, 466, 468) extending about a periphery of the top panel, the plurality of lid side panels comprising a first lid side panel, a second lid side panel, and a rear lid side panel (Fig. 21); wherein the first lid side panel comprises a front lid flap (488) extending from a proximal end of the first lid side panel, and a front lid latch slot (492) formed at an intersection of the first lid side panel and the front lid flap, wherein the front lid flap is configured to fold over and be attachable to a surface of a portion of a proximal end of the second lid side panel (Fig. 25); and wherein when the front lid flap is folded over and attached to the proximal end of the second lid side panel, the front lid latch slot is configured to receive the container body front latch when the container lid is in a closed position (Fig. 22); and
a moveable joint (436) formed between the rear side panel and the rear lid side panel, wherein the container lid is connected to the container body by the moveable joint, and wherein the container lid is configured to be movable between the closed position and an opened position (Fig. 21); and
opening the container lid by folding the container lid along the moveable joint to the open position (column 12 lines 34-44); and
removing the contents from the container body (column 12 lines 34-44) (column 10 line 18-column 12 line 44 and Fig. 21-25).
Hanko fails to teach one or more slots formed along the moveable joint. Sorenson and Eisman teach analogous clamshell cartons comprising a container body including a floor panel (Sorenson: Fig. 1, 3, 5, 13, 15, Eisman: 14) and a plurality of side panels (Sorenson: Fig. 1, 3-11, 13-24, Eisman: 15, 16, 17, 18) extending around a periphery of the floor panel (Sorenson: Fig. 1, 3-11, 13-24, Eisman: Fig. 1-4), a container lid (Sorenson: 6, Eisman: 12) including a top panel (Sorenson: Fig. 1, 3-5, 11, 13-15, Eisman: 37) and a plurality of lid side panels (Sorenson: Fig. 1, 3-11, 13-24 Eisman: 38, 40, 41, 39) extending about a periphery of the top panel, and a moveable joint (Sorenson: 10, Eisman: 58) formed between a rear side panel (15) and a rear lid side panel (39), wherein the container lid is connected to the container body by the moveable joint, and wherein the container lid is configured to be movable between a closed position and an opened position. Sorenson and Eisman further teach that it is known and desirable in the prior art to provide one or more slots (Sorenson: 20 and Eisman: slotted fold line 58) along the moveable joint in order to facilitate easy opening and closing of the carton without buckling occurring in the region of the moveable joint (Sorenson: abstract, column 3 line 42-column 4 line 2, column 4 lines 37-61 and Fig. 16-20 and Eisman: column 2 line 32-column 3 line 59 and Fig. 1-4).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko by providing one or more slots along the moveable joint, as taught by Sorenson or Eisman, in order to facilitate easy opening and closing of the carton without buckling occurring in the region of the moveable joint.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hanko in view of Sorenson or Eisman, as applied to claim 1 above, and further in view of Cote (US 5,213,255 A).
Regarding claim 2, Hanko as modified by Sorenson or Eisman teaches the clamshell carton of claim 1 above, wherein the moveable joint comprises a fold line (436) at the intersection of the rear side panel and the rear lid side panel (Hanko: column 10 line 18-column 12 line 44 and Fig. 21-25) but fails to teach the fold line being weakened via one of perforations, scoring or slits and the container lid being separatable from the container body by tearing along the fold line.
Cote teaches an analogous carton having a container body and a container lid connected via a moveable joint comprising a fold line (28). Cote further teaches that it is well known and common in the prior art to weaken the fold line via perforations or cuts and that it is desirable to configure the fold line such that the container lid may be separatable form the container body if desired (column 4 lines 37-44 and column 6 lines 39-45).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko by weakening the fold line via perforations and by configuring the container lid to be separatable from the container body by tearing along the fold line, as taught by Cote, so that the container lid can be selectively separated from the container body if desired.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hanko in view of Sorenson or Eisman, as applied to claim 1 above, and further in view of Hajek (US 10,086,972 B2).
Regarding claim 4, Hanko as modified by Sorenson or Eisman teaches the clamshell carton of claim 1 above, but fails to teach the container body front latch comprising a generally downward angled hook configuration. Hajek teaches an analogous carton having a container body and a container lid, wherein the container body comprises latches (101a, 101b) and the container lid comprises slots (111a, 111b) configured to receive the latches in a closed position of the carton and further teaches that it is known in the prior art to configure the latches to comprise a generally downward angled hook configuration configured to engage the slots and lock the container lid in the closed position (column 4 line 44-column 5 line 4 and FIG. 1A-7).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko by configuring the container body front latch to comprise a generally downward angled hook configuration, as taught by Hajek, in order to configure the container body front latch to engage the front lid latch slot and lock the container lid in the closed position.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hanko in view of Eisman, as applied to claim 1 above, and further in view of Vassiliou (US 5,273,206 A).
Regarding claim 13, Hanko as modified by Eisman teaches the clamshell carton of claim 1 above, wherein the one or more slots comprise a plurality of slots (Eisman: FIG. 1) but fails to teach the plurality of slots having a spacing therebetween in the range of about ¾ inches to about 2 inches. Vassiliou teaches a box including folding lines having fragments (19) and further teaches that the resistance to folding is partially dependent on a separation or distance between consecutive fragments, where a larger separation results in a higher resistance to folding and a smaller separation results in a lower resistance to folding (column 6 lines 3-41 and FIG. 2).
Accordingly, as the general conditions of the claim are disclosed in the prior art (i.e., a spacing between slots) and as the inclusion of slots formed along the moveable joint and the spacing of the slots are variables which achieve a recognized result (i.e., prevent buckling in the area of the moveable joint and determine folding resistance), one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko, as modified by Eisman, by spacing adjacent slots a distance sufficient to prevent buckling and reduce folding resistance, including a spacing in the range of about ¾ inches to about 2 inches, as it has been held that discovering an optimum or workable range or discovering an optimum value of a result effective variable involves only routine skill in the art (MРЕР 2144.05).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hanko in view of Sorenson or Eisman, as applied to claim 1 above, and further in view of McMahon (US 3,176,899 A).
Regarding claims 15 and 16, Hanko in view of Sorenson or Eisman teaches the clamshell carton of claim 1 above, but fail to teach a window formed within the top panel and comprising at least one of a transparent film or semi-transparent film. McMahon teaches an analogous carton having a floor panel (2), a plurality of side panels (3-6) extending about a periphery of the floor panel, and a lid (9) including a top panel (Fig. 1, 2). McMahon further teaches that it is known and desirable in the prior art to additionally provide a window within the top panel of the lid, wherein the window comprises a transparent film which provides a convenient viewing window while also covering the window to protect items in the carton from contamination (column 1 lines 59-66 and Fig. 1).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko by providing a window formed within the top panel and comprising a transparent film, as taught by McMahon, for convenience in viewing the contents of the carton while also protecting the contents in the carton from contamination.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hanko in view of Sorenson or Eisman, as applied to claim 1 above, and further in view of Learn (US 8,733,622 B2).
Regarding claim 17, Hanko as modified by Sorenson or Eisman teaches the clamshell carton of claim 1 above, but fails to teach the container body first side panel and second side panel each being tapered increasing in height as they extend away from the container body rear side panel. Learn teaches an analogous clamshell carton comprising a container body and a container lid and further teaches that it is known and desirable in the prior art to configure first and second side panels of the container body to taper increasing in height as they extend away from a rear side panel of the container body (column 4 lines 11-26 and Fig. 1) in order to allow the container lid to easily fold over the container body to assume a closed position by preventing rear top edges of the first and second side panels of the container body from getting in the way of closing the container lid over the container body.
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Hanko by configuring the container body first side panel and second side panel to each be tapered increasing in height as they extend away from the container body rear side panel, as taught by Learn, in order to allow the container lid to easily fold over the container body to assume the closed position.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Hanko in view of Sorenson or Eisman, as applied to claim 20 above, and further in view of Cote.
Regarding claim 21, Hanko as modified by Sorenson or Eisman teaches the method of claim 20 above, but fails to additionally teach removing the container lid from the container body by tearing along a weakened fold line formed along the moveable joint. Cote teaches an analogous clamshell carton and method of using, wherein the clamshell container includes a container body, a container lid, and a moveable joint (28, 39) formed between and connecting the container body and the container lid such that the container lid is configured to be moveable between a closed position and an opened position. Cote additionally teaches the moveable joint being weakened to form a line of weakness and also teaches that the container lid can be removed from the container body by tearing along the line of weakness formed along the moveable joint (column 4 lines 37-44, column 6 lines 39-45).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the carton and method of Hanko by additionally removing the container lid from the container body by tearing along a weakened fold line formed along the moveable joint, as taught by Cote, in order to have unobstructed access to the container body.
Response to Arguments
Applicant's arguments filed October 1, 2025 have been fully considered but they are not persuasive.
Applicant’s argument that Grahahm fails to teach the flap, latch and slot structure claimed is not persuasive.
The prior art applied in the previous rejection of record was not intended to teach the argued limitations as the argued limitations are new limitations not presented in the previously examined claims.
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 NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan 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.
/NINA K ATTEL/ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734