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 .
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.
Claims 2, 8, 12 and 18 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. In claim 2, line 2, the use of the slashed alternatives “and/or” and “is/are” is indefinite, and the phrasing should be --wherein at least one of the box and the sub-packaging is…--.
In claim 8, line 2, the use of the slashed alternative “and/or” is indefinite, and the phrasing should be --wherein at least one of the overlap panel and the first side wall is…--.
In claim 12, line 3, “the open sides” is inconsistent with the preceding “one or two open sides” and should be –each open side facing…-- or similar.
In claim 18, line 2, the use of the slashed alternative “and/or” is indefinite, and the phrasing should be --wherein at least one of the overlap panel and the first side wall is provided…--.
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 1-3, 5, 11, 13-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/180288 in view of Hutchinson et al. (6,189,777). WO 2021/180288 discloses a packed roof window product comprising a plurality of differently sized roof window related product components accommodated in a box (12), wherein the box in a supply condition (in Figure 9) has a bottom side and a top side, the sides spaced apart along a vertical height axis, and side walls (20-26) of the box extend between the bottom side and the top side of the box along the height axis, the bottom side, top side and side walls delimiting an internal space of the box, and wherein a first of the side walls extends along a primary axis perpendicular to the height axis, and the first side wall has an upper edge extending along the primary axis along the top side, an outer surface facing away from the internal space and an inner surface facing towards the internal space, wherein a first of the components or a collection of components comprises an internal space delimited by internal surfaces of the first component. WO 2021/180288 does not define a sub-packaging. However, Hutchinson et al. disclose a sub-packaging (14 or 15) accommodated in a box, the sub-packaging comprising a main body (comprising panels 110-116), delimiting an internal space to accommodate an additional discrete component or component collection, and an attachment flap (102) projecting from the main body to attach the sub-packaging to a first side wall (20) by the attachment flap (102 in Figure 3) extending across the first side wall (from the inner surface to the outer surface). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the product of WO 2021/180288 with a sub-packaging in the manner of Hutchinson et al. as claimed, as such a modification would predictably provide a separation of the contents of the product.
As to claim 2, WO 2021/180288 and Hutchinson et al. each disclose paper-based material to comprise their products.
As to claim 3, Hutchinson et al. disclose the attachment flap integrally formed with the main body of the sub-packaging.
As to claim 5, Hutchinson et al. disclose the attachment flap folded across the upper edge of its associated side wall.
As to claim 11, Hutchinson et al. disclose the main body of the sub-packaging is box-shaped.
Claims 4, 6, 7, 9, 13, 17 and 19 would each be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Dependent claims 8, 10, 14-16, 18 and 20 would also then be allowable. Claims 8 and 18 would require correction of outstanding 112(b) issues.
Claim 12 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles, can be reached on (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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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG