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 custom group shown in (Figs. 1-20,22) in the reply filed on 12/5/25 is acknowledged.
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- 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, defines “an insert (14)” first line, then “a corrugated cardboard insert (14)” in line 2. This is refereeing to the same insert (14)? The second instance should be -the insert (14)- or -said- insert (14) or similar.
Claim 1, defines an “item” twice. This is a double inclusion error and the second instance should be referenced to as -the item or said item-. Unless this is a second item, then it should be referenced to as -second item- or similar.
Claim 1, states “the bottom” line 6. This is not clear which bottom is being referred too, the bottom wall of the container or the bottom panel portion.
Claim 1, recites “a rectilinear container” twice, 1st in line 1, then in line 8. The second instance should be -the rectilinear container- or similar.
Claim 5, recites the limitation "the pivotable interface". There is insufficient antecedent basis for this limitation in the claim.
Claim 7, recites the limitation "the channels". There is insufficient antecedent basis for this limitation in the claim.
Claim 10, defines the same “an insert” and “a corrugated cardboard insert”. The second instance should be referred to as -the or said-. For example -the insert being a corrugated cardboard insert- so we know what and how many inserts are being claimed.
Claim 10, recites “a rectilinear container” twice, 1st in line 1, then in line 10. The second instance should be -the rectilinear container- or similar.
Claim 10, recites the limitation "the side wall portion of the container" in the 2nd to last line. There is insufficient antecedent basis for this limitation in the claim.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-18, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Padden (US Pub No 2013/0140213).
With respect to claim 1, Padden shows an insert (14) for a rectilinear container (20) having side walls (walls of 20), a bottom wall (bottom of 20), and upper end panels (22) defining an inner chamber, comprising a corrugated cardboard insert (14) configured to secure at least one item (contents in side the container) within the inner chamber and provide cushioning thereto, including a first panel having a bottom panel portion (44), a first side panel portion (42), and a second side panel portion (opposite side 42), the bottom (44), first side (1st 42) and second side (2nd 42) panel portions including a plurality of laterally corresponding parallel spaced ridges and channels (the corrugations in the cardboard) , interfaces between the bottom (44) and side panels (42) being pivotable (see fig. 2a) such that the side panels can pivot at an angle relative to the bottom panel, whereby when the insert (14) is inserted into a rectilinear container (20), the bottom panel (44) portion contacts a bottom wall of the container (20), the side panel portions (plural 42’s) pivot to a generally perpendicular angle (see fig. 2a) relative the bottom panel portion (44) to contact the side wall portion of the container (20) to secure and cushion an item (bottles disclosed) placed therein.
With respect to claim 2, Padden shows wherein each ridge (ridges of the corrugated cardboard) of the bottom and side panel portions integrally extend from the first side panel portion, across the bottom panel portion, to the second side panel portion. (see fig. 2a,2b)
With respect to claim 3, Padden shows wherein the ridges (ridges of the corrugated cardboard) have a uniform length defined by a distance between an outer edge of the first panel portion (42) and an outer edge of the second panel portion (42).
With respect to claim 4, Padden shows the at least one corrugated cardboard panel insert (14) further including front (front 42) and rear panel (rear 42) portions pivotably connected with the bottom panel portion, each ridge and channel of the front and rear panel portions being arranged in parallel spaced relation relative to the ridges of the bottom and side panel portions (42, sides).
With respect to claim 5, Padden shows wherein the pivotable interface (40) between the side (42) and bottom panel portions (44) is arranged along the ridges in a direction that is transverse to the length of the ridges (front back corrugations run parallel with the ridges, left and right sides are the traverse to the corrugated ridges).
With respect to claim 6, Padden shows wherein the front and rear panel portions (42’s) are pivotable about interfaces (40) between the front and rear panel portions and the bottom panel portion, respectively, the interfaces being (40) arranged along a length of a channel (the gap or space between 40’s (fig. 2a) is a channel).
With respect to claim 7, Padden shows wherein the channels (34 or 40) of the side panel (42) portions and bottom panel (44) portion are separated to define a space (the gap of 40 or 34 is a space) therebetween, whereby when the side panel portions are pivoted to an angle relative the bottom panel portion, a distance between side and bottom panel adjacent edges increases. (fig. 2a)
With respect to claim 8, Padden shows and further including a second panel (18) having a length and width generally equal to a length and width of the first panel bottom panel portion.
With respect to claim 9, Padden shows wherein when the first panel (14) is inserted into a rectilinear container (20) and the side panel (42) portions are pivoted at an angle relative to the bottom panel (44) portion, a distance between outer edges of the first and second side panel portions is generally equal to the width of the second panel (18). (see fig. 6)
With respect to claim 10, Padden shows a rectilinear container (20) including an insert (14), comprising: a container (20) body having side walls (side of 20), a bottom wall (bottom of 20), and upper end panels (22) defining an inner chamber; and b. a corrugated cardboard insert (14) configured to secure at least one item (bottles disclosed) within the inner chamber and provide cushioning thereto, including a first panel having a bottom panel portion (44), a first side panel portion (42), and a second side panel portion (2nd 42), the bottom (44), first side and second side panel portions (42’s) including a plurality of laterally corresponding parallel spaced ridges and channels (ridges and channels of the corrugated cardboard), interfaces between the bottom (44) and side panels being pivotable such that the side panels (42’s) can pivot at an angle relative to the bottom panel (fig. 2a),whereby when the insert (14) is inserted into a rectilinear container (20), the bottom panel portion (44) contacts a bottom wall of the container (20), the side panel portions (42) pivot to a generally perpendicular angle relative the bottom panel portion (44) to contact the side wall portion (side of 20) of the container (20) to secure and cushion an item placed (bottles) therein.
With respect to claim 11, Padden shows wherein each ridge (ridges of the corrugated cardboard) of the bottom (44) and side panel portions (42) of the insert (14) integrally extend from the first side panel portion (42), across the bottom panel portion (44), to the second side panel portion (opposite 42).
With respect to claim 12, Padden shows wherein the ridges (the corrugated ridges in the cardboard) have a uniform length defined by a distance between an outer edge of the first panel portion and an outer edge of the second panel portion.
With respect to claim 13, Padden shows at least one corrugated cardboard panel insert (14) further including front and rear panel portions (front and rear 42’s) pivotably connected with the bottom panel portion (44), each ridge and channel of the front and rear panel portions being arranged in parallel spaced relation relative to the ridges of the bottom and side panel portions.
With respect to claim 14, Padden shows wherein the pivotable interface between the side and bottom panel portions of the insert (14) is arranged along the ridges in a direction that is transverse to the length of the ridges. (front back corrugations run parallel with the ridges, left and right sides are the traverse to the corrugated ridges).
With respect to claim 15, Padden shows wherein the front and rear panel portions of the insert (14) are pivotable about interfaces (fig. 2a, 2b) between the front and rear panel portions and the bottom panel portion, respectively, the interfaces being arranged along a length of a channel.
With respect to claim 16, Padden shows wherein the channels of the side panel portions and bottom panel portion of the insert (14) are separated to define a space (34 or 40 make a “space”) therebetween, whereby when the side panel portions are pivoted (opened up) to an angle relative the bottom panel portion, a distance between side and bottom panel adjacent edges increases.
With respect to claim 17, Padden shows the insert (14) further including a second panel (18) having a length and width generally equal to a length and width of the first panel bottom panel portion.
With respect to claim 18, Padden shows wherein when the first panel of the insert (14) is inserted into a rectilinear container (20) and the side panel portions are pivoted at an angle relative to the bottom panel portion, a distance between outer edges of the first and second side panel portions is generally equal to the width of the second panel. (fig. 6)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques can be reached at 571 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN M BRADEN/ Primary Examiner, Art Unit 3736