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 .
This Office Action acknowledges the applicant’s amendment filed on 4/6/2023. Claims 1-4, 6-16, 18-41 and 43-52 are pending in the application. Claims 5, 17 and 42 are cancelled. Claims 50-52 are new.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
Claim(s) 1-3, 6-9, 13-15, 18-20, 38-40, 43-46 and 50-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wood US 4,339,032 in view of Marco US 6,145,656, both previously presented.
With regards to claim 1, Wood discloses a carton (shown in Fig. 4; Col 2:1-15) for holding one or more articles, the carton comprising: a plurality of panels 2/37/49 extending at least partially around an interior of the carton, the plurality of panels comprising a front panel 2, at least one back panel 10/11(extending around the side to the back of the package), and at least one top panel 3/9; wherein the front panel 2 is foldably connected to the at least one back panel and the at least one top panel; article retention features comprising at least one article retention tab (29/30/33/34 Col 3:1-18 and 4:62-5:11) foldably connected to a respective panel of the plurality of panels, the at least one article retention tab for being positioned at least partially in the interior of the carton to secure one or more articles to the carton; and access features 71 (Col 5:53-59) for facilitating access to the interior of the carton, the access features comprising at least one access end flap separably connected to the panel.
Wood discloses an access feature but it does not specifically disclose it is separably connected to the at least one back panel.
However, Marco (Fig. 9) teaches that it was known in the art to the carton holding a plurality of articles have at least one access end flap 180/190 separably connected to the at least one back panel 170.
Marco teaches that it was known in the art to have an access end flap in various locations on a carton (Fig. 3 and Fig. 9). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the carton in Wood by providing the access end flap on the back panel as taught by Marco for the purposes of providing an alternative location to the access flap.
With regards to claim 2, Wood discloses the at least one article retention tab 29/30/33/34 is at least partially foldably connected to the front panel and is at least partially separably connected to the front panel. (Col 3:1-18)
With regards to claim 3, Wood discloses the at least one article retention tab 29/30/33/34 is for being at least partially received in a recessed portion of a top portion of an article in the interior of the carton. (Col 3:1-18)
With regards to claim 6, Wood discloses the article retention features further comprise at least one article retention flap 42 foldably connected to the front panel 2 and positioned extending into the interior of the carton for contacting a respective article. (Col 4:62-5:11)
With regards to claim 7, Wood discloses the claimed invention as stated above but it does not specifically disclose the at least one back panel is a first back panel foldably connected to the front panel, the plurality of panels further comprises a second back panel foldably connected to the front panel, the at least one access end flap is separably connected to the first back panel, and the access features further comprise a second access end flap separably connected to the second back panel.
However, Marco teaches that it was known in the art to have a carton have the at least one back panel is a first back panel (170 on the left side of the blank) foldably connected to the front panel, the plurality of panels further comprises a second back panel (170 on the right side of the blank) foldably connected to the front panel, the at least one access end flap 180/190 (on the left side of the blank) is separably connected to the first back panel, and the access features further comprise a second access end flap 180/190 (on the right side of the blank) separably connected to the second back panel. (Col 6:58-65 and Fig. 9)
Wood recites throughout the disclosure, that the construction of the carton may be modified to accommodate and support varying articles. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the carton in Wood by providing a second back panel connected to the front panel and a second access end flap as taught by Marco for the purposes of modifying the carton to accommodate the varying articles and provide easy access to the articles.
With regards to claim 8, Marco further teaches the first access end flap 180/190 is in at least partial face-to-face contact with the second access end flap 180/190. (Fig. 11)
With regards to claim 9, Marco further teaches an access tab 180 foldably connected to the second access end flap 190, the access tab 180 positioned protruding downwardly from the first access end flap 190.
With regards to claim 13, Wood discloses (shown in Fig. 1; Col 2:1-15) a blank 1 for forming a carton for holding one or more articles, the blank comprising: a plurality of panels 2/37 for extending at least partially around an interior of the carton formed from the blank, the plurality of panels comprising a front panel 2, at least one back panel 10/11, and at least one top panel 6/8; wherein the front panel 2 is foldably connected to the at least one back panel 10 and the at least one top panel 6/8; article retention features (29/30/33/34 Col 3:1-18 and 4:62-5:11) comprising at least one article retention tab foldably connected to a respective panel of the plurality of panels, the at least one article retention tab for being positioned at least partially in the interior of the carton formed from the blank to secure one or more articles to the carton formed from the blank; and access features 71 (Col 5:53-59) for facilitating access to the interior of the carton formed from the blank, the access features comprising at least one access end flap separably connected to the panel.
See claim 1, for Marco teaching of the relocation of the access feature.
With regards to claim 14, treated as in claim 2 above.
With regards to claim 15, treated as in claim 3 above.
With regards to claim 18, treated as in claim 6 above.
With regards to claim 19, treated as in claim 7 above.
With regards to claim 20, treated as in claim 9 above.
With regards to claim 38, Wood (Fig. 4; Col 2:1-15) discloses a package, the package comprising: one or more articles (B1/B2); and a carton holding the one or more articles, the carton comprising: a plurality of panels 2/6/8/10/11 extending at least partially around an interior of the carton, the plurality of panels comprising a front panel 2, at least one back panel 10/11, and at least one top panel 6/8; wherein the front panel 2 is foldably connected to the at least one back panel 10 and the at least one top panel 6/8; article retention features (29/30/33/34 Col 3:1-18 and 4:62-5:11) comprising at least one article retention tab foldably connected to a respective panel of the plurality of panels, the at least one article retention tab for being positioned at least partially in the interior of the carton to secure the one or more articles to the carton; and access features 71 (Col 5:53-59) for facilitating access to the interior of the carton, the access features comprising at least one access end flap separably connected to the panel.
See claim 1 for Marco teaching of the relocation of the access feature.
With regards to claim 39, treated as in claim 2 above.
With regards to claim 40, treated as in claim 3 above.
With regards to claim 43, treated as in claim 6 above.
With regards to claim 44, treated as in claim 7 above.
With regards to claim 45, treated as in claim 8 above.
With regards to claim 46, treated as in claim 9 above.
With regards to claims 50, 51, 52, Wood (Fig. 1) discloses the article retention features comprise a locking panel 22 foldably connected to the front panel (on the side) and positioned in the interior of the carton (when folded), the locking panel comprising at least one recessed notch (around the areas of 50, 51 and the area of 54/59) for at least partially receiving the at least one article retention tab.
Claim(s) 10-12, 21-23 and 47-49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wood US 4,339,032 in view of Marco US 6,145,656, and further in view of Miller US 6,341,692 B1, all previously presented.
With regards to claim 10, Wood discloses at least one top panel 37 is a first top panel foldably connected to the front panel 2, and the plurality of panels further comprises the first top panel in at least partial face-to-face contact with the second top panel.
However, Miller teaches it was known in the art to have a carton have at least one top panel 204 be a first top panel foldably connected to the front panel 200, and the plurality of panels further comprises a second top panel 66 foldably connected to the second back panel 56, the first top panel in at least partial face-to-face contact with the second top panel. (Fig. 8 and Col 5:5-13)
Wood recites throughout the disclosure, that the construction of the carton may be modified to accommodate and support varying articles. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the carton in Wood by providing second top panel and a second back panel as taught by Miller for the purposes of modifying the carton to accommodate the varying articles and strengthen and reinforce the handle portion of the carton.
With regards to claim 11, Miller further teaches the plurality of panels further comprises a third top panel 68 foldably connected to the first back panel 56, the third top panel 204 in at least partial face-to-face contact with each of the first top panel 56 and the second top panel 66.
With regards to claim 12, Miller further teaches each of the first top panel 204, the second top panel 66, and the third top panel 68 comprise a respective base portion and a respective distal portion foldably connected to the respective base portion, the distal portion (at 86) of each of the first top panel, the second top panel, and the third top panel extending upwardly from the base portion thereof to form a handle of the carton. (Col 5:5-13)
With regards to claim 21, treated as in claim 10 above.
With regards to claim 22, treated as in claim 11 above.
With regards to claim 23, treated as in claim 12 above.
With regards to claim 47, treated as in claim 10 above.
With regards to claim 48, treated as in claim 11 above.
With regards to claim 49, treated as in claim 12 above.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 6-15, 18-23, 38-40 and 43-52 have been considered but are moot because of a new ground of rejection. However, the Applicant has recited remarks stating that Wood does not disclose the front panel is foldably connected to the at least one back panel and the at least one top panel. However, with reconsideration of the reference Wood, it has been determined Wood does disclose the features of having the front panel 2 foldably connected to the at least one back panel 10 or 11 and the at least one top panel 37.
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 JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés 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.
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.
/JENINE SPICER/ Examiner, Art Unit 3736
/RAFAEL A ORTIZ/ Primary Examiner, Art Unit 3736
Prosecution Insights