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/Restrictions
Applicant’s election without traverse of Species 1- Figures 1-13 and 24-26 (Claims 12-13 and 16-21) in the reply filed on 10/06/2025 is acknowledged.
Claims 14-15 (drawn to a compartmented container of Figures 14-20) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/06/2025.
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 12-13 and 16-21 are 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 12 recites the limitation "the corresponding outer side wall" in lines 9-10. There is insufficient antecedent basis for this limitation in the claim.
Claims 13 and 16-21 fail to cure the deficiencies.
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) 12 and 16-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Faulkland (NO 20210231 A1) .
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claims 12, 16, and 20-21, Faulkland discloses a cardboard box for holding content and the blank for making comprising one or more compartments, wherein each compartment having three or more side walls and a bottom side, and a layer of liquid and/or gas non-permeable coating (Page 8 lines 20-30), wherein the cardboard box is provided by a single piece of a production template of the cardboard box (see Fig. 8), wherein every outer side wall having on its upper end a brim/collar area (7), and the brim/collar area being folded to a substantially perpendicular position relative a corresponding outer side wall to form an unbroken smooth encircling receiving surface for attaching a lid foil (Page 9 lines 1-12), the brim/collar area being folded outwards in a non-overlapping tight fitting manner (Page 14 lines 15-20), and the cardboard box further comprising a combined supporting encircling brim frame (32-34) and lid/top foil, the lid/top foil being connected to a first side of the supporting brim frame, the supporting brim frame having an opening substantially corresponding to the outer cross section of the cardboard box and being arranged underneath the brim (see Figures 10A-C), the supporting brim frame comprising a non-permeable coating at least on its upper side facing the underside of the brim/collar area, and the non-permeable coating is such that it can be made adhesive by heat/pressure sealing when arranged and heat/pressure sealed to the underside of the brim, and the lid foil is adapted to be foldable over and pressure sealed to the top side of the brim/collar area (Page 15 line 18- Page 16 line 7).
Regarding claim 17, Faulkland discloses a box and blank for making further comprising a foldable area between the sidewalls (28) for being folded outwards and being arranged at the outside of a side wall, such that when folded the cardboard box provides a smooth inner container space (see Figures 8-10).
Regarding claim 18, Faulkland discloses a box and blank for making further comprising an adhesive component arranged on one or both sides of the foldable area between the sidewalls, for fastening and holding in place the outward folded foldable area when the cardboard box is folded (Page 13 lines 13-20).
Regarding claim 19, Faulkland discloses a box and blank for making further comprising a reusable protective lid, the reusable protective lid having on its underside a recess form corresponding to the outer shape of the cardboard box or brim/collar of the cardboard box, and the recess form comprising holding elements such that when placed over the cardboard box it can be mounted and unmounted as desired (Page 12 line 24- Page 13 line 9).
Allowable Subject Matter
Claim 13 is 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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