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 .
Response to Amendment
The amendment filed 01/28/2026 (hereafter “the amendment”) has been accepted and entered.
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) 1,3-4,8,14,16-17,21,40,42-43 and 47 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuchenbecker (US3080966A).
Regarding claim 1, Kuchenbecker teaches a construct for holding at least one article, the construct comprising (fig.1 shows the construct 10 capable of holding at least one article):
a plurality of panels extending at least partially around an interior of the construct and forming at least one end wall of the construct and a back wall of the construct (fig.1 shows the construct is made of plurality of panels extending around interior 23 and forming back wall 21 and end walls 35b);
a plurality of end flaps foldably connected to a respective panel of the plurality of panels and at least partially overlapped to form a top wall of the construct and a bottom wall of the construct (fig.1-3 show the plurality of end flaps 22 and 20’s foldably connected to one of the plurality of panels and overlapped to form top wall 22 and bottom wall 23); and
attachment features for at least partially engaging one or more portions of the at least one article, the attachment features comprising at least one article engagement tab extending from a respective end flap of the plurality of end flaps, the at least one article engagement tab for being positioned in a recessed portion of the at least one article (fig.1-3 show the attachment features 30 and 27’s that are extending from the end flaps 22 and 20 that are capable of engaging at least one article and the features can be positioned in a recessed portion of the article )
the respective end flap of the plurality of end flaps is foldably connected to a respective panel of the plurality of panels at a fold line, the at least one article engagement tab at least partially defined by a cut interrupting the fold line (fig.3 show the end flaps 22 and 22 that form top and bottom walls are foldably connected along the fold lines and artic engagement tab partially defined by a cut interrupting the fold line of the 27)
the respective panel of the plurality of panels is a first side panel, the plurality of panels further comprises a second side panel foldably connected to the first side panel, and the plurality of panels further comprises a third side panel foldably connected to the second side panel (fig.3 shows the panel 23,21,22 are foldably connected with each other, as best understood based on applicant’s specs and drawing that 221 is the first side panel which is the back wall when formed)
wherein the first side panel is in at least partial face-to-face contact with the third side panel (fig.3 the panels 21 and 23 can be partial face to face contact with each other when folded at 25) and the back wall of the construct is at least partially formed by the third side panel and at least a portion of the first side panel (fig.1-3 the back wall 21 is constructed at least in partially by 21 and 23).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kuchenbecker further teaches wherein the cut is a curved cut (fig.3 show the tab 27 is partially curved).
Regarding claim 4, the references as applied to claim 3 above discloses all the limitations substantially claimed. Kuchenbecker further teaches wherein the cut extends from the respective panel of the plurality of panels at least partially into the respective end flap of the plurality of end flaps (fig.3 the cuts 27 extend into one of the plurality of panels and the end flap 20).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Kuchenbecker further teaches wherein the at least one end wall of the construct is at least partially formed by the second side panel, the second side panel comprising a first portion at least partially foldably connected to a second portion (fig.3 shows the 35b is part of the panel 21 and the panel 21 having two portions on each other i.e. 35b’s connected to each side making two portions).
Regarding claim 14, Kuchenbecker teaches a blank for forming a construct for holding at least one article, the blank comprising (fig.1-3 show the blank for forming a construct capable of holding at least one artticle):
a plurality of panels for extending at least partially around an interior of the construct formed from the blank and for forming at least one end wall of the construct and a back wall of the construct formed from the blank (fig.1-3 shows the construct is made of plurality of panels extending around interior 23 and forming back wall 21 and end walls 35b);
a plurality of end flaps foldably connected to a respective panel of the plurality of panels and for being at least partially overlapped to form a top wall of the construct formed from the blank and a bottom wall of the construct formed from the blank (fig.1-3 show the plurality of end flaps 22 and 20’s foldably connected to one of the plurality of panels and overlapped to form top wall 22 and bottom wall 23); and
attachment features for at least partially engaging one or more portions of the at least one article, the attachment features comprising at least one article engagement tab extending from a respective end flap of the plurality of end flaps, the at least one article engagement tab for being positioned in a recessed portion of the at least one article when the construct is formed from the blank (fig.1-3 show the attachment features 30 and 27’s that are extending from the end flaps 22 and 20 that are capable of engaging at least one article and the features can be positioned in a recessed portion of the article)
the respective end flap of the plurality of end flaps is foldably connected to a respective panel of the plurality of panels at a fold line, the at least one article engagement tab at least partially defined by a cut interrupting the fold line (fig.3 show the end flaps 22 and 22 that form top and bottom walls are foldably connected along the fold lines and artic engagement tab partially defined by a cut interrupting the fold line of the 27)
the respective panel of the plurality of panels is a first side panel, the plurality of panels further comprises a second side panel foldably connected to the first side panel, and the plurality of panels further comprises a third side panel foldably connected to the second side panel (fig.3 shows the panel 23,21,22 are foldably connected with each other, as best understood based on applicant’s specs and drawing that 221 is the first side panel which is the back wall when formed)
the first side panel is for being positioned in at least partial face-to-face contact with the third side panel when the construct is formed from the blank (fig.3 the panels 21 and 23 can be partial face to face contact with each other when folded at 25) the third side panel and at least a portion of the first side panel are for at least partially forming the back wall of the construct formed from the blank (fig.1-3 the back wall 21 is constructed at least in partially by 21 and 23).
Regarding claim 16, the references as applied to claim 14 above discloses all the limitations substantially claimed. Kuchenbecker further teaches wherein the cut is a curved cut (fig.3 shows the cuts 27 are curved).
Regarding claim 17, the references as applied to claim 16 above discloses all the limitations substantially claimed. Kuchenbecker further teaches wherein the cut extends from the respective panel of the plurality of panels at least partially into the respective end flap of the plurality of end flaps (fig.3 the cuts 27 extend into one of the plurality of panels and the end flap 20).
Regarding claim 21, the references as applied to claim 14 above discloses all the limitations substantially claimed. Kuchenbecker further teaches wherein the second side panel comprises a first portion at least partially foldably connected to a second portion, the second side panel for at least partially forming the at least one end wall of the construct formed from the blank (fig.3 shows the 35b is part of the panel 21 and the panel 21 having two portions on each other i.e. 35b’s connected to each side making two portions).
Regarding claim 40, Kuchenbecker teaches a package, comprising (fig.1 shows the package):
at least one article (fig.1 shows article 12); and
a construct holding the at least one article, the construct comprising (fig.1 shows the construct 10 formed capable of holding the article):
a plurality of panels extending at least partially around an interior of the construct and forming at least one end wall of the construct and a back wall of the construct (fig.1-3 shows the construct is made of plurality of panels extending around interior 23 and forming back wall 21 and end walls 35b);
a plurality of end flaps foldably connected to a respective panel of the plurality of panels and at least partially overlapped to form a top wall of the construct and a bottom side of the construct (fig.1-3 show the plurality of end flaps 22 and 20’s foldably connected to one of the plurality of panels and overlapped to form top wall 22 and bottom wall 23); and
attachment features at least partially engaging one or more portions of the at least one article, the attachment features comprising at least one article engagement tab extending from a respective end flap of the plurality of end flaps, the at least one article engagement tab positioned in a recessed portion of the at least one article (fig.1-3 show the attachment features 30 and 27’s that are extending from the end flaps 22 and 20 that are capable of engaging at least one article and the features can be positioned in a recessed portion of the article)
the respective end flap of the plurality of end flaps is foldably connected to a respective panel of the plurality of panels at a fold line, the at least one article engagement tab at least partially defined by a cut interrupting the fold line (fig.3 show the end flaps 22 and 22 that form top and bottom walls are foldably connected along the fold lines and artic engagement tab partially defined by a cut interrupting the fold line of the 27)
the respective panel of the plurality of panels is a first side panel, the plurality of panels further comprises a second side panel foldably connected to the first side panel, and the plurality of panels further comprises a third side panel foldably connected to the second side panel (fig.3 shows the panel 23,21,22 are foldably connected with each other, as best understood based on applicant’s specs and drawing that 221 is the first side panel which is the back wall when formed)
wherein the first side panel is in at least partial face-to-face contact with the third side panel (fig.3 the panels 21 and 23 can be partial face to face contact with each other when folded at 25), the back wall of the construct is at least partially formed by the third side panel and at least a portion of the first side panel (fig.1-3 the back wall 21 is constructed at least in partially by 21 and 23).
Regarding claim 42, the references as applied to claim 40 above discloses all the limitations substantially claimed. Kuchenbecker further teaches wherein the cut is a curved cut (fig.3 shows the cuts 27 are curved).
Regarding claim 43, the references as applied to claim 42 above discloses all the limitations substantially claimed. Kuchenbecker further teaches wherein the cut extends from the respective panel of the plurality of panels at least partially into the respective end flap of the plurality of end flaps (fig.3 the cuts 27 extend into one of the plurality of panels and the end flap 20).
Regarding claim 47, the references as applied to claim 40 above discloses all the limitations substantially claimed. Kuchenbecker further teaches wherein the at least one end wall of the construct is at least partially formed by the second side panel, the second side panel comprising a first portion at least partially foldably connected to a second portion (fig.3 shows the 35b is part of the panel 21 and the panel 21 having two portions on each other i.e. 35b’s connected to each side making two portions)
Allowable Subject Matter
Claims 9-10,12-13,22-23,25-26,48-49,51-52 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.
Response to Arguments
Applicant's arguments filed 01/28/2026 have been fully considered but they are not persuasive. Applicant did not make any changes to claim and simply added the rejected dependent claim to the independent claims which did not change the scope of the claim hence same art and response to arguments. Applicant starts the remarks by stating what was rejected and the obviousness statement, as well as the allowable subject matter that was given. Applicant did not take the allowable subject matter and modify the claim to include that subject matter hence the same art used for the rejection. Applicant’s next section under “35 U.S.C 102 Rejection” simply state the claims that were rejected and what’s in the claims no arguments were made. Applicant next arguments were under the heading “Kuchenbecker (US3080966)” where applicant simply explains the invention of prior art in first paragraph. In second paragraph under “Kuchenbecker (US3080966)” applicant argues that prior art fails to show or suggest “at least the features of a respective end flap of the plurality of end flaps foldably connected to a respective panel of the plurality of panels at a fold line, the at least one article engagement tab at least partially defined by a cut interrupting the fold line, the respective panel of the plurality of panels is a first side panel, the plurality of panels further comprises a second side panel foldably connected to the first side panel, and the plurality of panels further comprises a third side panel foldably connected to the second side panel, the first side panel is in at least partial face-to-face contact with the third side panel and the back wall of the construct is at least partially formed by the third side panel overlapping at least a portion of the first side panel.”, this was not persuasive as those limitation are the same as claims 6 and 7 which are rejected in the last action and given the explanation on how the prior art is read. In the third paragraph, applicant builds off the previous paragraph and specifically argues the limitation prior art does not teach“a first side panel and a third side panel in at least partially face-to-face contact and the back wall of the package of Kuchenbecker is formed by the third side panel and the first side panel.” which is not persuasive because fig.3 shows the panels 21 and 23 can be partial face to face contact with each other when folded at 25 as it is blank and can be folded. Applicant argues that “The Office seems to be asserting that back panel 21 and bottom panel 23 of Kuchenbecker are in face-to-face contact by virtue of being foldably connected at a hinged fold line 25” which is how the claim is read because no where in the claim does it recites that the blank has to be folded a certain way i.e. first step is first side panel is folded over the first fold line or second step second side panel is folded over the third panel. The claims simply claim the structure of the blank and the structure of the blank is in the prior art with all the panels, fold lines as cited above and it can be folded as desired by the user. The prior discloses all the panels, end flaps, engagement tabs, fold lines and the first and third panels can be folded to be face to face the claim does not recite in the order it has to be formed in or any other specific order. Applicant also recites “that the back wall of the construct is at least partially formed by the third side panel overlapping at least a portion of the first side panel. Kuchenbecker fails to show or suggest any such overlapping arrangement of side panels to form the back wall of the carton” however as explained above the first and third side panels 21 and 23 can be folded to face each other. No other arguments were made in the remarks.
Conclusion
THIS ACTION IS MADE FINAL. 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 PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Examiner, Art Unit 3735