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 .
This office action is in response to the reply filed on 10/14/2025, wherein claims 1, 2, 4, 7, 16, 17, 19, 27, 28, 30, 33 and 34 were amended. Claims 1-41 are pending.
Claim Objections
Claim 7 is objected to because of the following informalities: It appears “the attachment flap is foldably connected and to the divider portion” should be “the attachment flap is foldably connected to the divider portion”. Appropriate correction is required.
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.
Claims 1-7, 9-10, 16-18 and 27-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Graser (US 4,469,222).
Regarding claim 1, Graser discloses a carton (at 186 in Fig. 9) for holding a plurality of containers, the carton comprising: a plurality of panels at least partially extending around an interior of the carton, the plurality of panels comprising a front panel (at 198/206 in Fig. 9), a back panel (at 194/202), a first side panel (at 240), a second side panel (at 250), at least one top panel (at 218), and at least one bottom panel (at 190); and a divider (at 14) extending through the interior of the carton (as shown in Fig. 9) to form a front interior space (space between the divider 14 and the front panel) and a back interior space (space between the divider 14 and the back panel), the divider including at least one attachment flap (at 86 in Fig. 4) attached to the first side panel (attachment flap 86, which is adhesively connected to 94, is attached to the first side panel 240 by adhesive as described in column 5, lines 61-68) and including a divider panel (portion 56 in combination with portion 98 in Fig. 4 is considered the divider panel) attached to the second side panel (portion 98, which is adhesively connected to 90, is adhesively attached to the second side panel by adhesive as described in column 5, lines 61-68)
Regarding claim 2, Graser discloses the divider panel comprises an attachment portion (at 94 in Fig. 4) and a divider portion (portion 56 in Fig. 4) foldably connected to the attachment portion (at 96 in Fig. 4), the attachment portion of the divider panel in at least partial face-to-face contact with the first panel (when portions 240/248 in Fig. 9 are closed to contact panel 94 of divider 14).
Regarding claim 3, Graser discloses the divider panel is free from foldable attachment to the remainder of the carton.
Regarding claim 4, Graser discloses the attachment portion of the at least one divider panel is adhered to the first side panel with glue (column 5, lines 61-68).
Regarding claim 5, Graser discloses the divider portion is generally parallel to each of the front panel and the back panel (as shown in Fig. 9).
Regarding claim 6, Graser discloses the divider portion is generally perpendicular to the at least one bottom (as shown in Fig. 9).
Regarding claim 7, Graser discloses the attachment flap (at 86) is foldably connected to the divider portion (at 56) of the divider panel (element 86 is considered to be foldably connected to element 56 in Fig. 4 since they are part of the same foldable blank).
Regarding claim 9, Graser discloses the first side panel is foldably connected to one of the front panel and the back panel, and the second side panel is foldably connected to the other of the front panel and the back panel (See Figs. 9-10).
Regarding claim 10, Graser discloses the plurality of panels further comprises a third side panel (at 242) foldably connected to the one of the front panel and the back panel, and a fourth side panel (at 248) foldably connected to the other of the front panel and the back panel.
Regarding claim 16, Graser discloses a combination of blanks (shown in Figs. 4 and 10) for forming a carton (as shown in Fig. 9) for holding a plurality of containers, the combination comprising: a carton blank (Fig. 10) comprising a plurality of panels for at least partially extending around an interior of the carton formed from the combination of blanks, the plurality of panels comprising a front panel (at 198), a back panel (at 194), a first side panel (at 240), a second side panel (at 250), at least one top panel (at 218), and at least one bottom panel (at 190); and a divider blank (Fig. 4) comprising a divider panel (portion 56 in combination with portion 98 in Fig. 4 is considered the divider panel) and at least one attachment flap (at 86 in Fig. 4), the divider blank attached to the first side panel and the second side panel of the carton blank (as described in column 5, lines 61-68) when the carton is formed from the combination of blanks to extend through the interior of the carton and form a front interior space and a back interior space (as shown in Fig. 9) in the carton formed from the combination of blanks.
Regarding claim 17, Graser discloses the divider panel comprises an attachment portion (at 94 in Fig. 4) and a divider portion (portion 56 in Fig. 4) foldably connected to the attachment portion (at 96 in Fig. 4), the attachment portion of the divider panel in at least partial face-to-face contact with the first panel (when portions 240/248 in Fig. 9 are closed to contact panel 94 of divider 14) of the carton blank when the carton is formed from the combination of blanks.
Regarding claim 18, Graser discloses the divider panel is free from foldable attachment to the carton blank.
Regarding claim 27, Graser discloses a method of forming a carton (as shown in Fig. 9) for holding a plurality of containers, the method comprising: obtaining a carton blank (as shown in Fig. 10) comprising a plurality of panels the plurality of panels comprising a front panel (198), a back panel (194), a first side panel (at 240), a second side panel (at 250), at least one top panel (218), and at least one bottom panel (190); obtaining a divider blank (Fig. 4) comprising a divider panel (at 14) and an attachment portion (at 94 in Fig. 4); positioning the plurality of panels of the carton blank extending at least partially around an interior of the carton; and attaching the divider blank to the first side panel and the second side panel (as described in column 5, lines 61-68) to form a divider extending through the interior of the carton and forming a front interior space and a back interior space in the interior of the carton (as shown in Fig. 9).
Regarding claim 28, Graser discloses positioning the attachment portion of the divider panel in at least partial face-to-face contact with the first side panel (when portions 240/248 in Fig. 9 are closed to contact panel 94 of divider 14).
Regarding claim 29, Graser discloses the divider panel is free from foldable attachment to the remainder of the carton.
Regarding claim 30, Graser discloses the attachment portion of the at least one divider panel is adhered to the first panel with glue (as described in column 5, lines 61-68).
Regarding claim 31, Graser discloses the divider portion is generally parallel to each of the front panel and the back panel (as shown in Fig. 9).
Regarding claim 32, Graser discloses the divider portion is generally perpendicular to the at least one bottom (as shown in Fig. 9).
Allowable Subject Matter
Claims 8, 11-15, 19-26 and 33-41 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
In view of Applicant's amendment, a new interpretation of the Graser reference has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
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 STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735