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 .
This office action is in response to the reply filed on 6/5/2026, wherein claims 1-6 and 9 were amended. Claims 5-6 and 10-19 remain withdrawn from consideration.
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.
Claims 1-4 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bradfield et al. (US 2014/0091003).
Regarding claim 1, Bradfield discloses a paper card packaging (at 2 in Figs. 3-4B), comprising: a paper card body (at 10/20), comprising a first half portion (at 20) and a second half portion (at 10), configured to enclose a product after the product is positioned on the second half portion (as shown in Fig. 4A); wherein the second half portion comprises a plurality of holes (rectangular-shaped holes at the two sides of aperture 12 in Fig. 3 – See portion of Fig. 3 labeled below); wherein the plurality of holes is positioned to receive a positioning device (e.g., at 30) such that the positioning device engages the plurality of holes to define a temporary positioning structure for restricting movement of a product (e.g., product at 40/50) on the second half portion prior to being enclosed by the first half portion and the second half portion (as shown in Figs. 4A-4B).
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Regarding claim 2, Bradfield discloses the plurality of holes are capable of receiving a positioning device (e.g., at 30) is a limiting device comprising a plurality of rods (vertical portions of 30); wherein the plurality of rods is adapted to pass through the plurality of holes respectively (as shown in Figs. 4A-4B). Regarding the intended use of the claimed invention “to receive a positioning device”, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding claim 3, Bradfield discloses the plurality of holes are arranged outside and surround a placement region (at 12) for positioning the product on the second half portion.
Regarding claim 4, Bradfield discloses one of the plurality of holes is capable of being aligned with a corresponding opening region of the product when the product is placed on the second half portion (depending on the type/shape/size of the product contained therein), and the other holes of the plurality of holes are arranged outside and surround a placement region for positioning the product on the second half portion. Regarding the intended use of the claimed invention “configured to enclose a product”, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding claim 7, Bradfield discloses the plurality of holes are rectangular.
Regarding claim 8, Bradfield discloses dimensions (e.g. length and width) of the first half portion and the second half portion are approximately the same (as shown in Fig. 4A).
Claims 1-4 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2017/0166374).
Regarding claim 1, Wang discloses a paper card packaging (packaging shown in Fig. 9), comprising: a paper card body, comprising a first half portion (at 22) and a second half portion (at 12), configured to enclose a product after the product is positioned on the second half portion (as shown in Fig. 9 – at least a portion of the product is enclosed between 22 and 12); wherein the second half portion comprises a plurality of holes (holes at 122b in Fig. 8, that accommodate elements 50 in Fig. 9); wherein the plurality of holes is positioned to receive a positioning device (e.g., at 50) such that the positioning device engages the plurality of holes to define a temporary positioning structure for restricting movement of a product (e.g., product at 61) on the second half portion prior to being enclosed by the first half portion and the second half portion.
Regarding claim 2, Wang discloses the plurality of holes are capable of receiving a positioning device (e.g., at 50) is a limiting device comprising a plurality of rods (elements 50 are elongated rods that are fed through the holes, wrapped around the product and tied together); wherein the plurality of rods is adapted to pass through the plurality of holes respectively (as shown in Fig. 9). Regarding the intended use of the claimed invention “to receive a positioning device”, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding claim 3, Wang discloses the plurality of holes are arranged outside and surround a placement region for positioning the product on the second half portion.
Regarding claim 4, Wang discloses one of the plurality of holes is capable of being aligned with a corresponding opening region of the product when the product is placed on the second half portion (depending on the type/shape/size of the product contained therein), and the other holes of the plurality of holes are arranged outside and surround a placement region for positioning the product on the second half portion. Regarding the intended use of the claimed invention “configured to enclose a product”, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding claim 7, Wang discloses the plurality of holes are circular.
Regarding claim 8, Wang discloses dimensions (e.g. width and thickness) of the first half portion and the second half portion are approximately the same.
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bradfield et al. (US 2014/0091003) as applied to claim 1 above, in view of Hansen et al. (US 6,315,206). As described above, Bradfield discloses the claimed invention except for the weakened line. However, Hansen teaches a packaging (See Fig. 8) comprising a first half (at the left side of 26) and a second half (at the right side of 26) for accommodating a product there between, wherein the second half is provided with a weakened line (at 68a-e) which is easy to tear at the outer side of the product placement region for positioning the product, for the purpose of allowing the product to be easily removed therefrom. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the packaging of Bradfield with a weakened line as taught by Hansen in order allow for the product to be more conveniently removed.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2017/0166374) as applied to claim 1 above, in view of Hansen et al. (US 6,315,206). As described above, Wang discloses the claimed invention except for the weakened line. However, Hansen teaches a packaging (See Fig. 8) comprising a first half (at the left side of 26) and a second half (at the right side of 26) for accommodating a product there between, wherein the second half is provided with a weakened line (at 68a-e) which is easy to tear at the outer side of the product placement region for positioning the product, for the purpose of allowing the product to be easily removed therefrom. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the packaging of Wang with a weakened line as taught by Hansen in order allow for the product to be more conveniently removed.
Response to Arguments
Applicant's arguments filed 6/5/2026 regarding the Wang reference have been fully considered but they are not persuasive.
Applicant argues that Wang fails to disclose or suggest that a first and second portion are configured to enclose a product. Rather, the product positioning in Wang et al. is likewise achieved after the packaging structure is assembled (see FIG. 9). Contrary to Applicant’s argument, as shown in Fig. 9 of Wang, at least a portion of a product (e.g., at 61) is enclosed between panel 22 and panel 12 of the packaging. With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
Applicant argues that Wang does not disclose or suggest any structure in which holes of a packaging engage with a positioning device to form a temporary positioning structure prior to enclosure. No such intermediate structure is formed for temporarily restricting the movement of the product. Contrary to Applicant’s argument, as shown in Fig. 9, holes 122b of panel 12 are capable of engaging positioning device 50 to form a temporary positioning structure prior to enclosure, wherein an intermediate structure is formed for temporarily restricting the movement of the product. With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
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