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 .
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 12, 14, and 17-19 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 12 recites the limitation "the length thereof" in line 2. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily understood.
Claim 14 recites the limitation "said clamping and positioning sections" in line 2. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily understood.
Claim 17 recites the limitation "the inserted position" in line 2. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily understood.
Claim 18 recites the limitation "the length thereof" in line 11. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily understood.
Claim 19 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) 1-5, 7-8, 10, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Oycke et al. (FR 2876082 A1; hereinafter Van Oycke).
Regarding claims 1-5, 8, and 17, Van Oycke discloses a container and blanks for making comprising an outer box (1) comprising a floor area (2), two side areas (3), two end faces (5), and two pairs of folding tabs (4), wherein one pair of folding tabs is disposed at each of said two end faces (see Fig. 1), and wherein each folding tab comprises two contact edges abutting a recess (11); and a carrier element (6) disposed in said outer box and configured to releasably hold at least one elongated product and comprising two end face ends (13), two longitudinal edges (8), a floor section (7), a roof section comprising two roof (9; Examiner considers 9 to be a “roof” insofar as it is positioned above the floor of the outer box and also the floor of the carrier element) areas disposed at an angle to one another and projecting away from said floor section (see Fig. 1; Examiner notes that element 9 extends at an obtuse angle relative to the floor), and two pairs of locking tabs (10) disposed one pair at each of said end face ends, wherein each of said locking tabs is engaged with said contact edges of a corresponding one of said folding tabs such that said carrier element is releasably secured to said outer box (see Figures 1-2). Examiner notes that each folding tab of the outer box comprising a plurality of contact edges to allow for an adjustable height for the inserted carrier element.
Regarding claims 7 and 10, Van Oycke discloses a container and blanks for making wherein each pair of said locking tabs is connected to a corresponding one of said roof areas and to said floor section. Examiner notes that Van Oycke’s locking tabs are connected to the roof areas, and the roof areas are connected to the floor section.
Allowable Subject Matter
Claims 6, 9, 11-16, and 18-19 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
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