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 .
Claim Rejections - 35 USC § 102
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 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(s) 1-4, 9-11, 13-16, 20, 22, and 29-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chambers et al. (US 10479581 B2; hereinafter Chambers).
Regarding claims 1, 13, and 22, Chambers discloses a locking packaging container and blanks for making comprising a base (204) for holding the product at least partially in a base interior, the base comprising a plurality of base panels (see Fig. 2) extending at least partially around the base interior, the base further comprising a pull tab (234) foldably connected to at least one base panel (228; see Fig. 2) of the plurality of base panels at a bottom end of the base (see Fig. 3), wherein the pull tab is arranged to be grasped and pulled to move the base in at least one direction in a sleeve interior (202; see Figures 2-3); and a sleeve comprising a plurality of sleeve panels (see Fig. 2) extending at least partially around the sleeve interior, the base being located at least partially in the sleeve interior for holding at least a portion of the product in the sleeve interior; wherein the sleeve comprises an open top end (Examiner considers the open top end to be the end that the base tray slides into), and the base is slidable along at least a portion of the sleeve for moving at least a portion of the product through the open top end of the sleeve from the sleeve interior.
Regarding claims 2 and 14, Chambers discloses a carton and blanks for making wherein the base comprises a base boot (214) positioned at least partially in the base interior, and the base boot is for at least partially supporting the product in the base interior.
Regarding claims 3-4 and 15-16, Chambers discloses a carton and blanks for making wherein the base boot (214) comprises a central panel for engaging the product in the base interior, the central panel being spaced apart from a top end and a bottom end of the base (see Figures 2-3).
Regarding claims 9 and 29, Chambers discloses a carton and blanks for making wherein the plurality of base panels comprises at least a first base side panel (210), a second base side panel opposite (210; see Fig. 2) to the first base side panel, a first base end panel (Examiner notes panel 230 has to opposing end panels foldably attached; each of said end panels further comprising a second panel foldably attached), and a second base end panel foldably connected to the first base end panel, and wherein the first base end panel and the second base end panel extend at an acute angle with respect to one another (Examiner considers and overlapping relationship to be an acute angle).
Regarding claims 10-11, 20, and 30, Chambers discloses a carton and blanks for making wherein the plurality of sleeve panels comprises at least a first sleeve side panel (218), a second sleeve side panel (218; see Fig. 2) opposite to the first sleeve side panel, a first sleeve end panel, and a second sleeve end panel foldably connected to the first sleeve end panel (see illustration below), and wherein the first sleeve end panel and the second sleeve end panel extend at an acute angle with respect to one another.
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Allowable Subject Matter
Claims 6-8, 12, 18-19, 21, 23-24, and 26-28 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
Applicant’s arguments, see Pages 10-12, filed 12/22/2025, with respect to the rejection(s) of claim(s) 1-2, 6-7, 13-14, 18-19, 22-23, and 26-27 under USC 102(a)(1)--Peterson have been fully considered and are persuasive. Peterson lacks a sleeved construction with a pull tab, as claimed. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USC 102(a)(1)--Chambers.
Conclusion
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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