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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “51B” in Figure 1B. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Election/Restrictions
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 10/24/2025.
Applicant’s election without traverse of Group I in the reply filed on 10/24/2025 is acknowledged.
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 1-16 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 1 recites the limitation “wherein at least one notch of the one or more notches is formed by at least one of a part of the first wall and a part of the second wall and at least one of a part of one side wall and a part of the other side wall” and it is unclear if the notch is comprised of both a part of a first wall or second wall or one of the first and second wall and also include one sidewall or both sidewalls. For the purpose of examination, the notch is assumed to made from one of the first or second wall and one of the sidewalls, as appears in the drawings. Clarification is respectfully requested.
Claim Rejections - 35 USC § 102
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) 1-2, 4, 10-14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohlund (US 2,749,019, first interpretation).
1: Ohlund (1st) teaches a folded sleeve (sleeve shown in Figures 1-5) for containing a plurality of unclaimed shaving razor cartridge containers (capable of containing a plurality of unclaimed shaving razor cartridge containers, in the sleeve in Figure 2A below), the folded sleeve comprising: a. a first wall (first wall, bottom wall shown in Figure 2A below); b. a second wall opposite the first wall (see second wall, Figure 2A below); c. a pair of side walls that are opposite each other (sidewalls pair of 10's Figures 1-2) and connect the first and second walls to define a sleeve cavity (cavity within the perimeter of 10 and 11) configured to receive the plurality of unclaimed shaving razor cartridge containers (capable of containing a plurality of unclaimed shaving razor cartridge containers, in the sleeve in Figure 2); and d. one or more notches (notches formed by 15-17, four of which are shown in Figures 1-2), wherein at least one notch of the one or more notches is formed by at least one of a part of the first wall and a part of the second wall and at least one of a part of one side wall and a part of the other side wall (the first notch is formed by the second wall and the sidewall), and wherein at least a portion of the at least one notch extends into the sleeve cavity of the folded sleeve (part of the first wall 11, part of side wall 10, and wherein the bended portion shown in the notch in the left side of Figure 2 protrudes into the interior perimeter of 10 and 11).
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2: Ohlund (1st) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that the at least one notch comprises a first notch formed by the part of the second wall and the part of the one side wall (first notch indicated as above in Figure 2A, which has part of the second wall and the sidewall adjacent the second wall).
4: Ohlund (1st) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that the at least one notch further comprises a second notch formed by the part of the second wall and the part of the other side wall (see second notch in Figure 2A above).
10: Ohlund (1st) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that the first wall, the second wall, and the pair of side walls further define a first end opening (opening formed by 10 and 11, when 13 is opened) configured for at least one of receiving into and dispensing from the sleeve cavity at least one of the plurality of shaving razor cartridge containers (capable of receiving an unclaimed cartridge container within 10 and 11).
11: Ohlund (1st) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that the first wall, the second wall, and the pair of side walls further define a second end opening opposite the first end opening (see second end opening in Figure 2A above).
12: Ohlund (1st) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that at least one of the first or the second end opening comprises at least one of the one or more notches (the first or the second end opening has one or more of the notches, see Figure 2A above).
13: Ohlund (1st) teaches the claimed invention as discussed above for Claim 12 and Ohlund further teaches that the one or more notches comprise at least two notches, and wherein at least one of the first or the second end opening comprises the at least two notches (the first or the second end opening has one or more of the notches, see Figure 2A above).
14: Ohlund (1st) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that the folded sleeve comprises a first shaving razor cartridge container compartment comprising at least one of the one or more notches (compartment, within the perimeter of 11 and 10 when 18 is opened, having one or more of the notches in Figure 2).
16: Ohlund (1st) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that at least one of the one or more notches is configured to engage one or more of the plurality of shaving razor cartridge containers (the notches are capable of engaging unclaimed cartridge containers when 13 is opened, in order to prevent the cartridges of appropriate size from being dispensed freely).
Claim(s) 1, 6, 8, 10-14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohlund (US 2,749,019, second interpretation).
1: Ohlund (2nd) teaches a folded sleeve (sleeve shown in Figures 1-5) for containing a plurality of unclaimed shaving razor cartridge containers (capable of containing a plurality of unclaimed shaving razor cartridge containers, in the sleeve in Figure 2B below), the folded sleeve comprising: a. a first wall (first wall in Figure 2B below); b. a second wall opposite the first wall (see second wall, bottom wall shown in Figure 2B below); c. a pair of side walls that are opposite each other (sidewalls pair of 10's Figures 1-2) and connect the first and second walls to define a sleeve cavity (cavity within the perimeter of 10 and 11) configured to receive the plurality of unclaimed shaving razor cartridge containers (capable of containing a plurality of unclaimed shaving razor cartridge containers, in the sleeve in Figure 2); and d. one or more notches (notches formed by 15-17, four of which are shown in Figures 1-2), wherein at least one notch of the one or more notches is formed by at least one of a part of the first wall and a part of the second wall and at least one of a part of one side wall and a part of the other side wall (the first notch is formed by the second wall and the sidewall), and wherein at least a portion of the at least one notch extends into the sleeve cavity of the folded sleeve (part of the first wall 11, part of side wall 10, and wherein the bended portion shown in the notch in the left side of Figure 2 protrudes into the interior perimeter of 10 and 11).
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6: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 1 (2nd) and Ohlund further teaches that the at least one notch comprises a first notch formed by the part of the first wall and the part of the one side wall (see first notch in Figure 2B above).
8: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 6 and Ohlund further teaches that the at least one notch further comprises a second notch formed by the part of the second wall and the part of the other side wall (see second notch in Figure 2B above).
10: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that the first wall, the second wall, and the pair of side walls further define a first end opening (opening formed by 10 and 11, when 13 is opened) configured for at least one of receiving into and dispensing from the sleeve cavity at least one of the plurality of shaving razor cartridge containers (capable of receiving an unclaimed cartridge container within 10 and 11).
11: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that the first wall, the second wall, and the pair of side walls further define a second end opening opposite the first end opening (see second end opening in Figure 2B above).
12: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that at least one of the first or the second end opening comprises at least one of the one or more notches (the first or the second end opening has one or more of the notches, see Figure 2B above).
13: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 12 and Ohlund further teaches that the one or more notches comprise at least two notches, and wherein at least one of the first or the second end opening comprises the at least two notches (the first or the second end opening has one or more of the notches, see Figure 2B above).
14: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that the folded sleeve comprises a first shaving razor cartridge container compartment comprising at least one of the one or more notches (compartment, within the perimeter of 11 and 10 when 18 is opened, having one or more of the notches in Figure 2).
16: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that at least one of the one or more notches is configured to engage one or more of the plurality of shaving razor cartridge containers (the notches are capable of engaging unclaimed cartridge containers when 13 is opened, in order to prevent the cartridges of appropriate size from being dispensed freely).
Claim(s) 1 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohlund (US 2,749,019, 3rd interpretation).
1: Ohlund (3rd) teaches a folded sleeve (sleeve shown in the embodiment of Figures 6-7) for containing a plurality of unclaimed shaving razor cartridge containers (capable of containing a plurality of unclaimed shaving razor cartridge containers, in the sleeve in Figures 6-7), the folded sleeve comprising: a. a first wall (first wall, top wall 21); b. a second wall opposite the first wall (second wall comprising 21a, Figures 6-7); c. a pair of side walls that are opposite each other (sidewalls pair of 20's Figures 6-7) and connect the first and second walls to define a sleeve cavity (cavity within the perimeter of 21, 20, and 21a) configured to receive the plurality of unclaimed shaving razor cartridge containers (capable of containing a plurality of unclaimed shaving razor cartridge containers, in the sleeve in Figure 7); and d. one or more notches (notches formed by 27, four of which are shown in Figure 6), wherein at least one notch of the one or more notches is formed by at least one of a part of the first wall and a part of the second wall and at least one of a part of one side wall and a part of the other side wall (the first notch is formed by the first wall and the sidewall), and wherein at least a portion of the at least one notch extends into the sleeve cavity of the folded sleeve (part of the first wall 21, part of side wall 20, and wherein the bended portion shown in the notch in the left side of Figure 7 protrudes into the interior perimeter of 21, 20, 21a).
14: Ohlund (3rd) teaches the claimed invention as discussed above for Claim 1 and Ohlund further teaches that the folded sleeve comprises a first shaving razor cartridge container compartment (left compartment within 20, 21a, 20a, and 21, Figure 7) comprising at least one of the one or more notches (one notch shown in Figure 7).
15: Ohlund (3rd) teaches the claimed invention as discussed above for Claim 14 and Ohlund further teaches that the folded sleeve comprises a second shaving razor cartridge container compartment (right compartment within 20a, 21, 20, 21b, see Figure 7) comprising at least one other of the one or more notches (one of the two notches on the right side of Figure 6, and 27 in Figure 7).
Claim Rejections - 35 USC § 103
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) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohlund (US 2,749,019, first interpretation).
3: Ohlund (1st) teaches the claimed invention as discussed above for Claim 2 and Ohlund further teaches that wherein the part of the second wall and the part of the one side wall are connected at an angle greater than 90 degrees (se Figures 3 and 5) except for the explicit teaching of the angle of from about 60 to 120.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohlund such that the teaching of an angle range between 60 and 120 were applied such as an angle greater than 90, since Applicant has provided no evidence that different portions of the broad range or values would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in values concerning an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233, MPEP 2144.05.
5: Ohlund (1st) teaches the claimed invention as discussed above for Claim 4 and Ohlund further teaches that wherein the part of the second wall and the part of the one side wall are connected at an angle greater than 90 degrees (se Figures 3 and 5) except for the explicit teaching of the angle of from about 60 to 120.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohlund such that the teaching of an angle range between 60 and 120 were applied such as an angle greater than 90, since Applicant has provided no evidence that different portions of the broad range or values would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in values concerning an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233, MPEP 2144.05.
Claim(s) 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohlund (US 2,749,019, second interpretation).
7: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 6 and Ohlund further teaches that wherein the part of the second wall and the part of the one side wall are connected at an angle greater than 90 degrees (se Figures 3 and 5) except for the explicit teaching of the angle of from about 60 to 120.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohlund such that the teaching of an angle range between 60 and 120 were applied such as an angle greater than 90, since Applicant has provided no evidence that different portions of the broad range or values would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in values concerning an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233, MPEP 2144.05.
9: Ohlund (2nd) teaches the claimed invention as discussed above for Claim 8 and Ohlund further teaches that wherein the part of the second wall and the part of the one side wall are connected at an angle greater than 90 degrees (se Figures 3 and 5) except for the explicit teaching of the angle of from about 60 to 120.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohlund such that the teaching of an angle range between 60 and 120 were applied such as an angle greater than 90, since Applicant has provided no evidence that different portions of the broad range or values would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in values concerning an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233, MPEP 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Caron et al. (US 8,727,120) teaches an outer sleeve (114, Figures 4-6) having top, bottom, and sidewalls, and notches (138, made from a bottom surface and a sidewall, Figures 4-5).
Towle (US 6,168,073) teaches an outer sleeve (20) having top, bottom, and sidewalls, and notches (98, 99, made from a top surface and a sidewall, Figure 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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, Anthony Stashick can be reached at (571) 272 - 4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/King M Chu/Primary Examiner, Art Unit 3735