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 3 (Figures 7-9 and Claims 1-4, 7-14, and 17-20) in the reply filed on 06/29/2024 is acknowledged.
Claims 5-6 and 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/29/2024.
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) 1-2, 4, 11-12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mu et al. (CN 110104301 A; hereinafter Mu).
Regarding claims 1 and 11, Mu discloses an article for a buffer packing box comprising a base plate (1004) having a connecting side and two opposite sides (see Fig. 3), wherein the connecting side is connected with the two opposite sides (see Fig. 4), and the two opposite sides are opposite each other; a lower plate (1007) connected with the connecting side; and a first foldable area disposed on the base plate, wherein the base plate and the lower plate are configured to relatively bend towards each other along the first foldable area, so that the base plate is substantially vertical to the lower plate (i.e. perpendicular to one another; see Figures 3-4); wherein a maximum width of the lower plate is A1, a maximum width of the base plate is A2, a maximum length of the base plate is A3, a maximum length of the lower plate is A4, the accommodating space has an inner length, an inner width and an inner height, the inner length is B1, the inner width is B2, the inner height is B3, and the following conditions are satisfied: A1 ≤ A2; A2 ≤ B2; A3 ≤ B1; and A4 ≤ B3 (see Figures 1 and 3). Examiner notes that the lower plate 1007 is narrower than the base plate 1004; and that the dimensions of all the buffer article panels are less than that of an outer box in order for said buffer article to fit within said outer box.
Regarding claims 2 and 12, Mu discloses a buffer article wherein the lower plate comprises a lower plate main body (1007) connected with the base plate; at least one lower side sheet (1005) connected with the lower plate main body (see Fig. 3); and at least one foldable line disposed between the lower plate main body and the at least one
lower side sheet, and the at least one lower side sheet being configured to bend along the at least one foldable line towards the lower plate main body (see Figures 4 and 11).
Regarding claims 4 and 14, Mu discloses a buffer article further comprising a first side plate (1030) connected with the base plate (see Fig. 3), wherein the first side plate has a first free side, and the first free side is disposed on one side of the first side plate away from the base plate (see Fig. 3); a first connecting plate (1032) connected with the first side plate, wherein the first side plate is connected with one of the two opposite sides of the base plate through the first connecting plate (see Figures 4 and 11); a second side plate (1017) connected with the base plate, wherein the second side plate has a second free side, and the second free side is disposed on one side of the second side plate away from the base plate; a second connecting plate (1019) connected with the second side plate, wherein the second side plate is connected with another one of the two opposite sides of the base plate through the second connecting plate; and at least two second foldable areas respectively disposed on the first connecting plate and
the second connecting plate, and the first side plate and the second side plate being configured to bend towards each other along the at least two second foldable areas;
wherein a length of the first free side is D2, a length of the second free side is D5, and the following conditions are satisfied: D2 ≤ A3; and D5 ≤ A3 (see Figures 4 and 11).
Allowable Subject Matter
Claims 3, 7-10, 13, and 17-20 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
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
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