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 .
Election/Restriction
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group 1, claim(s) 11, 13-19, drawn to an apparatus for forming a package.
Group 2, claim(s) 20, 23-31, drawn to an article carrier.
Group 3, claim(s) 32-33, drawn to a blank.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups 1-2 and 1-3 lack unity of invention because the groups do not share the same or corresponding technical feature.
Groups 2-3 lack unity of invention because even though the inventions of these groups require the technical feature of a primary panel having retention features. This technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Haijnen (US 4,621,734).
Applicant elects Group 2 (claims 20 and 23-31). No claims are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as an amendment was made to overcome the restriction requirements. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/23/2025.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 20, 23-25 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berstein (US 5,526,925) in view of Weaver (US 3,874,502).
Claim 20. Bernstein discloses an article carrier 10 for packaging at least one article, the article carrier comprising at least one primary panel 22 forming a handle structure 32, the at least one primary panel comprising a handle portion and at least one article retention structure 24 for engaging an article so as to provide a top gripping article carrier (fig. 2);
the at least one article retention structure comprising a receiving opening having a boundary including a first edge (parallel to 28) and second opposing edge (perpendicular to 26), wherein the second edge is defined by a series of distal ends of engaging teeth providing engaging edges thereof (fig. 2).
Bernstein fails to disclose multiple edge portions that have determined center of curvature distances. Weaver teaches an article carrier wherein the first edge E1 is arranged to be closer to the handle portion 15 than the second edge E2, the first edge is curved such that the centre of curvature @20 of the first edge is located closer to the second edge than to the first edge (fig. 2-3).
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Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the openings of Bernstein to include the curvature configuration of Weaver to assist in both accommodating a product while also allowing easy bending for removal of the product.
Claim 23. Bernstein-Weaver discloses the article carrier according to claim 20, wherein the boundary further includes a pair of third and fourth opposing edges which continuously connect the first and second edges such that each of the third and fourth edges provides a smooth transition between the first and second edges (Weaver; see annotated figure below).
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Claim 24. Bernstein-Weaver discloses the article carrier according to claim 20, wherein the radius of curvature of the first edge is less than the radius of curvature of the second edge (Weaver; col. 3, ll. 28-50).
Claim 25. Bernstein-Weaver discloses the article carrier according to claim 20, wherein the article carrier comprises a release device, the release device comprises a pull tab (Weaver; claim 4).
Claim 32. Bernstein-Weaver discloses the blank for forming the article carrier of claim 20 (Bernstein; abstract).
Claim(s) 26-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berstein (US 5,526,925) in view of Weaver (US 3,874,502) in view of Appleton (US 5,609,247).
Claims 26-27. Bernstein-Weaver discloses the article carrier according to claim 25 but fails to disclose a cut on the article carrier. Appleton teaches wherein the release device comprises a cut 72 disposed between the pull tab 60, and the receiving opening of the at least one article retention structure (fig. 4). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify panel of Bernstein-Weaver to include the release device of Appleton to assist in releasing the can bodies from the holder.
It is noted that it would have been an obvious matter of design choice to change the linear cut to an arcuate cut, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey 357 F.2d 669, 149 USPQ 47 (CCPA 1966) MPEP 214.04 IV B
Claims 28-29. Bernstein-Weaver discloses the article carrier according to claim 20 but fails to disclose a cut on the article carrier. Appleton teaches wherein the article carrier comprises a relief device, the relief device includes a relief cut 72, the relief cut is disposed between the handle portion and the receiving opening of the at least one article retention structure (fig. 4). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify panel of Bernstein-Weaver to include the release device of Appleton to assist in releasing the can bodies from the holder.
It is noted that it would have been an obvious matter of design choice to change the linear cut to an arcuate cut, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey 357 F.2d 669, 149 USPQ 47 (CCPA 1966) MPEP 214.04 IV B
Claim 30. Bernstein-Weaver-Appleton discloses the article carrier according to claim 28, wherein the relief cut is disposed on an inner side of the receiving opening, the inner side of the receiving opening opposes the outer side (Appleton; fig. 2).
Allowable Subject Matter
Claims 11, 13-19, 31 and 33 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735