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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-13, 15-22 and 24-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Each of the independent claims 1, 12 and 21 have been amended to include that “the base front panel having a first locking feature”, but this is not supported by the originally filed specification and drawings. As shown in the drawings(figs. 1-4) and described in the specification(pp25), the locking feature (219) on the base/tray (105) is not on the base front panel (123), but is on the second portion (205) of the first accessory supporting panel (195). This is a new matter rejection. Moreover dependent claims 7, 18 and 27 contradict the language of the first locking feature being on the base front panel.
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 1-2, 13, 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burton et al. (Burton) (US 7980454).
Regarding claim 1, Burton discloses a tray (10 ) for holding one or more food products, the tray comprising: a base (12) at least partially extending around an interior of the tray, the base comprising a base bottom panel (12e), at least one base side panel (12a or 12b), a base back panel(12d), and a base front panel (12c) having a first locking feature (30); a lid (24) foldably connected to the base, the lid comprising a top panel (24e), at least one lid side panel(24a or 24b), a lid back panel (24c), and a lid front panel (24d) having a second locking feature (28) configured to interface with the first locking feature; and accessory support features for supporting at least one accessory for one or more food products in the interior of the tray, the accessory support features comprising at least one accessory support panel (18) foldably connected to base front panel (12c) and forming at least one accessory compartment in the interior of the tray for at least partially receiving the at least one accessory.
Regarding claim 2, Burton discloses the tray of claim 1, wherein the at least one accessory compartment (space between) is at least partially defined between the base bottom panel (12e), the at least one accessory panel (18), the base front panel (12c), and the at least one base side panel (12a or 12b).
Regarding claim 13, Burton discloses a blank (see fig. 6) for forming a tray (10) for holding one or more food products, the blank comprising: a base portion (12) for at least partially extending around an interior of the tray formed from the blank, the base portion comprising a base bottom panel (12e), at least one base side panel (12a or 12b), a base back panel (12d), and a base front panel (12c) having a first locking feature (30); a lid portion (24) foldably connected to the base portion, the lid portion comprising a top panel (24e), at least one lid side panel (24a or 24b), a lid back panel (24c), and a lid front panel (24d) having a second locking feature (28) configured to interface with the first locking feature; and accessory support features for supporting at least one accessory for one or more food products in the interior of the tray formed from the blank, the accessory support features comprising at least one accessory support panel (18) foldably connected to base front panel for forming at least one accessory compartment in the interior of the tray for at least partially receiving the at least one accessory.
Regarding claim 21, Burton discloses a method of forming a tray for holding one or more food products, the method comprising: obtaining a blank (see fig. 6), the blank comprising a base portion (12) comprising a base bottom panel (12e), at least one base side panel (12a or 12b), a base back panel (12d), and a base front panel (12c) having a first locking feature (30); a lid portion (24) foldably connected to the base portion, the lid portion comprising a top panel (24e), at least one lid side panel (24a or 24b), a lid back panel (24c), and a lid front panel (24d) having a second locking feature (28) configured to interface with the first locking feature; and accessory support features comprising at least one accessory support panel (18) foldably connected to base front panel; forming a base of the tray from the base portion of the blank, the base of the tray extending at least partially around the interior of the tray (see fig. 1); forming a lid of the tray from the lid portion of the blank such that the lid is foldably connected to the base (see fig. 1); and positioning the at least one accessory support panel to at least partially form at least one accessory compartment in the interior of the tray (see fig. 1).
Regarding claim 22, Burton discloses the method of claim 21, wherein the at least one accessory compartment (space between) is at least partially defined between the base bottom panel(12e), the at least one accessory panel(18), the base front panel(12c), and the at least one base side panel(12a or 12b).
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.
Claims 1-2, and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (US PGPUB 2004/0079795) in view of Bahr (US 8887984) and Haire (US 5348218).
Wagner discloses a tray (20) for holding one or more food products, the tray comprising: a base (2) at least partially extending around an interior of the tray, the base comprising a base bottom panel, at least one base side panel, a base back panel, and a base front panel having a first locking feature (11); a lid (1) foldably connected to the base, the lid comprising a top panel, at least one lid side panel, a lid back panel, and a lid front panel having a second locking feature (13/10) configured to interface with the first locking feature. Wagner does not disclose an accessory support features for supporting at least one accessory for one or more food products in the interior of the tray, the accessory support features comprising at least one accessory support panel foldably connected to base front panel and forming at least one accessory compartment in the interior of the tray for at least partially receiving the at least one accessory.
Haire discloses an analogous tray container and providing accessory support features comprising at least one accessory support panel 30 foldably connected to base front panel (Fig. 1); and positioning the at least one accessory support panel to at least partially form at least one accessory compartment in the interior of the tray (Fig. 2). Bahr discloses an analogous tray container with accessory support features (68) that are employed around the perimeter of the tray container hold six beverage cups (see figs. 1 and 7). It would have been obvious to one of ordinary skill in the art to modify the structure of Learn to have accessory elements as taught by Haire with the motivation of carrying beverages cups stably. It would have been obvious to one of ordinary skill in the art to modify the tray base of Wagner with multiple accessory support features as taught Haire to stably hold the beverage cups in the base tray of Wagner. It further would have been obvious to one ordinary skill in the art to arrange these accessory support features around the perimeter of the base tray of Wagner as taught by Bahr to hold six beverage cups.
Regarding claim 2, Wagner as modified with the accessory support structure of Haire/Bahr, Haire discloses the at least one accessory compartment is at least partially defined between the base bottom panel, the at least one accessory panel, the base front panel and the at least one base side panel. (see Haire figs. 1-2)
Regarding claim 4, Wagner as modified with the accessory support structure of Haire/Bahr, Haire discloses the at least one accessory support panel (30) is a first accessory support panel foldably connected to the base front panel, the accessory support features further comprise a second accessory support panel (38) foldably connected to each of the first accessory support panel and the base bottom panel.
Regarding claim 5, Wagner as modified with the accessory support structure of Haire/Bahr, and Haire discloses the first accessory support panel (30) comprises a first portion foldably connected (via fold 46) to the base front panel (16) and a second portion foldably connected to each of the first portion (via fold 58) and the second accessory support panel (38) (via fold 60).
Regarding claim 6, Wagner the base bottom panel is foldably connected to the base front panel at a fold line (inherent of box structure shown by Wagner). Wagner as modified with the accessory support structure of Haire/Bahr, and Haire discloses the base bottom panel (12) is foldably connected to the base front panel (16) at a fold line (58), and separating the first accessory support panel from each of the base front panel and the base bottom panel by at least one cut (40) that interrupts the fold line (Fig. 1).
Claims 13, 15-17, 21-22 and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (US PGPUB 2004/0079795) in view of Bahr (US 8887984), Haire (US 5348218) and Linville (US 2887389).
Regarding claim 13 and 21, Wagner discloses the tray(base and lid portion) as set forth above in paragraph 7 of the action, but does not set forth the blank or method of forming the tray by obtaining the blank. Linville discloses a similar tray/carton that is formed from a blank (see fig. 4). It would have been obvious to one of ordinary skill in the art to form the tray (base and lid) of Wagner from a blank as taught by Linville as it is a well known to form trays/cartons from blanks. Wagner does not disclose an accessory support features for supporting at least one accessory for one or more food products in the interior of the tray, the accessory support features comprising at least one accessory support panel foldably connected to base front panel and forming at least one accessory compartment in the interior of the tray for at least partially receiving the at least one accessory.
Haire discloses an analogous tray container and providing accessory support features comprising at least one accessory support panel 30 foldably connected to base front panel (Fig. 1); and positioning the at least one accessory support panel to at least partially form at least one accessory compartment in the interior of the tray (Fig. 2). Bahr discloses an analogous tray container with accessory support features (68) that are employed around the perimeter of the tray container hold six beverage cups (see figs. 1 and 7). It would have been obvious to one of ordinary skill in the art to modify the structure of Learn to have accessory elements as taught by Haire with the motivation of carrying beverages cups stably. It would have been obvious to one of ordinary skill in the art to modify the tray base of Wagner with multiple accessory support features as taught Haire to stably hold the beverage cups in the base tray of Wagner. It further would have been obvious to one ordinary skill in the art to arrange these accessory support features around the perimeter of the base tray of Wagner as taught by Bahr to hold six beverage cups.
Regarding claim 22, Wagner as modified with the accessory support structure of Haire/Bahr, Haire discloses the at least one accessory compartment is at least partially defined between the base bottom panel, the at least one accessory panel, the base front panel and the at least one base side panel. (see Haire figs. 1-2)
Regarding claim 15 and 24, Wagner as modified with the accessory support structure of Haire/Bahr, Haire discloses the at least one accessory support panel (30) is a first accessory support panel foldably connected to the base front panel, the accessory support features further comprise a second accessory support panel (38) foldably connected to each of the first accessory support panel and the base bottom panel.
Regarding claim 16 and 25, Wagner as modified with the accessory support structure of Haire/Bahr, and Haire discloses the first accessory support panel (30) comprises a first portion foldably connected (via fold 46) to the base front panel (16) and a second portion foldably connected to each of the first portion (via fold 58) and the second accessory support panel (38) (via fold 60).
Regarding claim 17 and 26, Wagner the base bottom panel is foldably connected to the base front panel at a fold line (inherent of box structure shown by Wagner). Wagner as modified with the accessory support structure of Haire/Bahr, and Haire discloses the base bottom panel (12) is foldably connected to the base front panel (16) at a fold line 58, and the method comprises at least partially separating the first accessory support panel from each of the base front panel and the base bottom panel at least one cut (40) that interrupts the fold line (Fig. 1).
Allowable Subject Matter
Claims 7-12, 18-20 and 27-32 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. As noted above in the rejection under 112(a), dependent claims 7, 18 and 27 correctly have the locking feature of the base being on the accessory support panel as shown and described in the original specification and drawings and not the base front panel as recited in the independent claims 1, 13 and 21.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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