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 Group 7, figures 6A-6B and 11G in the reply filed on October 31, 2025 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second fold line between the first flap and the first side edge of the frame panel, and the third fold line between the second flap and the second side edge of the frame panel as recited in claim 24 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20070267862 to Barr.
Regarding claim 16, Barr teaches a blank is provided for a card holding assembly formed from a single sheet of material. The blank is for retaining an insert sheet bearing a personalized or customized message (gift cards and debit cards, now shown), comprising: a front panel (first panel 14); and a back panel comprising a frame panel (third panel 24) secured to a solid panel (second panel 20), wherein the frame panel (24) defines a window (30), and wherein the frame panel (24) and the solid panel(20) define a top-loading pocket for retaining the insert sheet (gift cards and debit cards) between the frame panel (24) and the solid panel (20) so that the message is viewable through the window (30), wherein the frame panel (24) and the solid panel (20) are secured together along their respective bottom edges (third score line 19 and fourth score line 26) and their respective first and second side edges; wherein the first and second side edges of the frame panel (24) include first and second flaps (34 and 36), respectively, that are secured to the first and second side edges of the solid panel (¶0028-0029), respectively; wherein the bottom edge of the frame panel is integrally connected to the bottom edge of the solid panel via a fold line (third score line 19 and fourth score line 26); and wherein the frame panel (24) and the solid panel (20) are not secured together along their respective top edges so as to form the top-loading pocket that enables loading of the insert sheet through a top of the pocket (¶0033).
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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 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over US 20070267862 to Barr in view of US 4089418 to Yale.
Regarding claim 21, Barr does not teach a portion of the first side edge of the frame panel positioned between the first flap and the fold line is not secured to the first side edge of the solid panel.
Yale teaches an envelope for retaining an insert sheet bearing a personalized or customized message (enclosure 27), comprising: a first panel (18); and a back panel comprising a frame panel (2) secured to a solid panel (6), wherein the frame panel (2) defines a window (4), wherein the frame panel (2) and the solid panel (6) are secured together along their respective bottom edges (8); wherein the first and second side edges of the frame panel (2) include first and second flaps (12), respectively; wherein the bottom edge of the frame panel (2) is integrally connected to the bottom edge of the solid panel (6) via a fold line (8); and wherein the frame panel (2) and the solid panel (6) are not secured together along their respective top edges.
Yale also teaches a portion of the first side edge of the frame panel (2) positioned between the first flap (12) and the fold line (8) is not secured to the first side edge of the solid panel (6).
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct envelope taught by Barr with the first side edge of the frame panel positioned between the first flap and the fold line not secured to the first side edge of the solid panel as taught by Yale with a reasonable expectation of success to provide a gap adapted to receive a letter opener.
Regarding claim 23, Yale teaches the second side edge (14) of the frame panel (2) is held back from the second side edge of the solid panel (6). Yale does not teach the second side edge of the frame panel is held back by at least 2 millimeters. However, since the applicant does not disclose that holding back the second side edge of the frame panel from the second side edge of the solid panel by at least 2 millimeters solves any stated problem or is for any particular purpose, it appears that holding back the second side edge of the frame panel from the second side edge of the solid panel by any suitable dimension would perform equally well to provide a gap between the frame panel and the solid panel.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct envelope taught by Barr with the second side edge (14) of the frame panel (2) is held back from the second side edge of the solid panel as taught by Yale with a reasonable expectation of success to provide a gap adapted to receive a letter opener.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over US 20070267862 to Barr in view of US 20050274048 to Gerrie.
Barr does not teach the fold line is a crease score.
Gerrie teaches a picture frame comprising a “fold lines 12, 14, 16 and 18 are shown parallel one to the other and are located so that the panels can be folded one over another to assume an overlapping coplanar configuration. The term fold line refers to lines or creases that allow adjacent panels to fold or bend about an axis lying on the fold line” (¶0035).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct fold lines of the blank taught by Barr comprising a crease as taught by Gerrie with a reasonable expectation of success to provide a means that allow adjacent panels to fold or bend about an axis lying on the fold line.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over US 20070267862 to Barr in view of US 5096058 to Juravin and US 20050274048 to Gerrie.
Barr teaches double fold lines 18 and 22 between the panels 14 and 20 and double fold line 19 and 20 between panels 20 and 24 to define a thickness. Barr does not teach double fold line between the first flap and the first side edge of the frame panel, and between the second flap and the second side edge of the frame panel or each of the second fold line and the third fold line is a crease score.
Juravin teaches a greeting card and candy holder comprising: a front panel (52); and a back panel comprising a second panel (62) secured to a solid panel (54), wherein the second panel (62) and the solid panel (54) define a top-loading pocket for retaining the insert sheet between the second panel and the solid panel (column 3, lines 26-31), wherein the second panel (62) and the solid panel (54) are secured together along their respective bottom edges (fold lines 66 and 18 defining panel 64) and their respective first and second side edges (with flaps 70, 74 and 80 and 82); wherein the first and second side edges of the second panel (62) include first and second flaps (flaps 70, 74 and 80 and 82), respectively, that are secured to the first and second side edges of the solid panel (4), respectively; wherein the bottom edge of the first panel (62) is integrally connected to the bottom edge of the solid panel (54) via a fold lines (66 and 68).
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Juravin teaches is a first and second fold lines (80 and 84) between the first flap (82) and the first side edge of the second panel (62), and a third and fourth fold lines (72 and 76) between the second flap (74) and the second side edge of the second panel (62).
Gerrie teaches a picture frame comprising a “fold lines 12, 14, 16 and 18 are shown parallel one to the other and are located so that the panels can be folded one over another to assume an overlapping coplanar configuration. The term fold line refers to lines or creases that allow adjacent panels to fold or bend about an axis lying on the fold line” (¶0035).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct fold lines between the frame panel and the flaps taught by Barr with double fold line as taught by Juravin with a reasonable expectation of success to provide a means to insert or houses three dimensional object or objects have a thickness.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct fold lines of the blank taught by Barr comprising a crease as taught by Gerrie with a reasonable expectation of success to provide a means that allow adjacent panels to fold or bend about an axis lying on the fold line.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631