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 2 (Figures 5A-13 and Claims 1-12) in the reply filed on 01/30/2026 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 1-12 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 "the corresponding recess" in line 14. There is insufficient antecedent basis for this limitation in the claim, therefore, the metes and bounds of the limitation are not readily understood. Specifically, it is unclear if line 14 is further limiting the “blind” recesses already introduced in lines 8 and 12 or if the recess of line 14 is an additional element.
Claims 2-12 fail to cure the deficiencies.
Claim 9 recites the limitation "the part" in line 1. There is insufficient antecedent basis for this limitation in the claim, therefore, the metes and bounds of the limitation are not readily understood.
Claim 10 fails 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) 1-3 and 6-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ghini et al. (US 2013/0140201 A1; hereinafter Ghini).
Regarding claims 1 and 7-8, Ghini discloses a slide-open package of tobacco articles comprising a housing (5) and a slide (4) being slidably in a sliding direction accommodated in the housing from a locked position (see Fig. 1) wherein the slide is locked inside the housing and at least an intermediate position (see Fig. 2) wherein the slide is partly located outside a front opening (10) of the housing, which housing comprises at least a bottom wall (Examiner considers the bottom wall to be made up of panels 14’ and 18; see Fig. 10), a top wall (Examiner considers the top wall to be made up of panels 14’’ and 18; see Fig. 10) and longitudinal side walls (13’/13’’’ and 12’/12’’’) extending in the sliding direction, whereby the bottom wall and the top wall are connected to each other by means of the side walls, whereby the slide is provided with at least one extension (11) lockable under spring force in the locked position in a blind recess (see Figures 5-8; Examiner considers the blind recess to be the locking recess formed at the distal end of edge 22) located in the top wall of the housing near a rear end of the housing (15’), whereby the at least one extension is movable against spring force out of the recess to allow the slide to be movable to at least the intermediate position (see Figures 6-7), wherein the slide is provided with at least one other extension (Examiner notes that the locking extension is mirrored on the opposing wall) lockable under spring force in the locked position in a blind recess located in the bottom wall of the housing, whereby the at least one extension as well as the at least one other extension must both be moved to allow the slide to be movable to at least the intermediate position at least the bottom wall, the top wall and/or the side wall of the housing is provided with at least one passage (17; see Figures 1-2), through which a rear side of the slide is reachable for pushing the slide from the locked position towards the intermediate position.
Regarding claim 2, Ghini discloses a package wherein the at least one passage is located near one of the blind recesses (see Figures 1-2 and 4; 17 is adjacent flap 19 which overlaps the blind recess).
Regarding claims 3 and 9-12, Ghini discloses a package wherein the top wall and the bottom wall of the housing are provided with a flexible lip (19) being pivotable with respect to the respective top wall and bottom wall, which flexible lip cooperate with the at least one extension as well as the at least one other extension respectively to move the at least one extension as well as the at least one other extension out of the corresponding recess (see Fig. 6).
Regarding claim 6, Ghini discloses a package wherein the top wall and/or the bottom wall of the housing are provided with flaps folded inside the housing, which flaps are located seen in the sliding direction near a front side of the housing, whereby the flaps cooperate with the at least one extension of the slide and/or the at least one other
extension of the slide respectively to prevent the slide from being completely slide out of
the housing (23 catches extension 11 to prevent the slide from completely exiting the housing; see Fig. 8).
Allowable Subject Matter
Claims 4-5 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.
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.
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, 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