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 1-3 in the reply filed on 08/14/2026 is acknowledged.
Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 08/14/2026.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Funaki (JP 2017-007709 A) in view of Bingaman (US 1150488 A).
Regarding claim 1, Funaki discloses a packaging body and blank for making comprising a rectangular bottom plate (2); a pair of first lateral plates (3) that are connected, each via a first crease line (S1), to two opposed sides of the bottom plate and becomes upright with respect to the bottom plate in an assembled state (see Figures 1-2); a second lateral plate (4) that is connected, via a second crease line (S2), to another side of the bottom plate adjacent to the pair of first lateral plates and becomes upright with respect to the bottom plate in the assembled state; a top plate (6) that is connected, via a third crease line (S3), to a side of the second lateral plate opposed to the bottom plate and becomes opposed to the bottom plate in the assembled state; and a pair of third lateral plates (7) that are connected, each via a fourth crease line (S6), to two sides of the top plate parallel to the pair of first lateral plates and overlaps the pair of first lateral plates in the assembled state (see Figures 3-4), wherein each of the pair of first lateral plates has a first engagement groove (3C) extending from an end edge thereof opposed to the first crease line toward the first crease line and bent toward the second lateral plate, each of the pair of third lateral plates has a second engagement groove (7b) extending from an end edge thereof opposed to the fourth crease line toward the fourth crease line and bent in a direction opposite to a bending direction of the first engagement groove in a state where the pair of third lateral plates overlaps the pair of first lateral plates (see Figures 3-5), and when the second engagement groove is engaged with the first engagement groove, the pair of first lateral plates and the pair of third lateral plates are connected while alternately intersecting each other in thickness directions thereof (see Figures 3-5). Funaki lacks engagement grooves that are L-shaped.
Bingaman teaches a paperboard carton and blank for making comprising side flaps with L-shaped engagement grooves (C2/E2/F2; see Fig. 1) for locking flaps in place when the carton is erected (see Fig. 2; Page 1; Col 2 lines 55-70). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to modify Funaki’s engagement grooves to have an L-shape in order to further ensure that the engagement locks in place, as taught by Bingaman.
Regarding claims 2-3, Funaki, as modified above, teaches a packaging wherein
inner corners of respective bent parts of the first engagement groove and the second
engagement groove are diagonally cut out (Funaki; see Fig. 1).
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.
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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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