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 .
This Office Action acknowledges the applicant’s amendment filed on 5/15/2026. Claims 1-11, 14-19 and 21-23 are pending in the application. Claims 12-13 and 20 are cancelled. Claims 21-23 are new. Claim 10 is withdrawn from consideration.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
Claim Rejections - 35 USC § 102
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Claim(s) 1 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zacherle US 2017/0327266 A1.
With regards to claim 1, Zacherle (Figs. 1-8) discloses a carton 90 comprising: a plurality of panels, comprising: at least one bottom panel, wherein a bottom opening (A6) is defined in the at least one bottom panel 30b/34b (Para. 0046); a front panel 16; a back panel 20; and at least two end panels 14/18; a partition wall 24 dividing the interior of the carton into a front portion and a back portion; and at least one lateral divider 52/56 hingedly connected to the partition wall and extending to one of the front and back panels and spaced apart from the at least two end panels to divide one of the front and back portions into at least two article-receiving spaces; and a window A1/A2 defined at least partially in one of the front and back panels, wherein the window is configured to expose to view a portion of at least one of the article-receiving spaces (shown in Figure 2 and 3; the interior of the carton shown through the window), each of which is configured to hold one article therein, wherein the bottom opening is vertically aligned with the window and is configured to receive a tool therethrough (Para. 0048) that is capable of providing upward movement of the one article wherein the window is configured to expose the one article to view and wherein the bottom opening is configured to be disposed below the one article to enable orientation of that article, depending on the article to be held.
As stated above, Zacherle discloses article-receiving spaces, each of which is can hold one article therein, wherein the bottom opening (A6) is vertically aligned with the window and is configured to receive a tool therethrough (Para. 0048) that is capable of providing upward movement of the one article wherein the window is configured to expose the one article to view and wherein the bottom opening is configured to be disposed below the one article to enable orientation of that article, depending on the article to be held. Since such a limitation is considered intended use.
With regards to claim 15, Zacherle (Figs. 1-8) discloses a flap 40a/40b is hingedly connected to one of the front and back panels and extends towards the partition wall.
Claim(s) 2, 4, 7-9, 17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zacherle US 2017/0327266 A1.
With regards to claim 2, Zacherle (Figs. 1-8) discloses a carton 90 comprising: a plurality of panels forming walls of a tubular structure and a bottom wall 30b/34b (Para. 0046) for closing the lower end of the tubular structure, the tubular structure including: a first end wall 14; a first side wall 16; a second end wall 18; and a second side wall 20; a display window A1/A2 defined at least partially in the first side wall to expose to view at least a portion of an interior of the tubular structure configured to hold at least one article therein; and a bottom opening (A6), separated from the display window, defined at least partially in the bottom wall; wherein the bottom opening is vertically aligned with the display window and is configured to receive a tool therethrough (Para. 0048) that is capable of providing upward movement of the at least one article wherein the display window is configured to expose the at least one article to view and wherein the bottom opening is configured to be disposed below the article, to enable orientation of that article, depending on the article to be held.
As stated above, Zacherle discloses article-receiving spaces, each of which is can hold one article therein, wherein the bottom opening (A6) is vertically aligned with the window and is configured to receive a tool therethrough (Para. 0048) that is capable of providing upward movement of the one article wherein the window is configured to expose the one article to view and wherein the bottom opening is configured to be disposed below the one article to enable orientation of that article, depending on the article to be held. Since such a limitation is considered intended use.
With regards to claim 4, Zacherle (Figs. 1-8) discloses the tubular structure comprises an open upper end (Figure 2) defined by an upper edge of at least one of the first end wall 14 and the second end wall 18 and by an upper edge of at least one of the first side wall 16 and the second side wall 20.
With regards to claim 7, the carton of Zacherle (Figs. 1-8) is capable of holding the article comprising a top end, and the partition wall 24 comprising an upper end disposed at an elevation above the open upper end and above the top end of the at least one article, depending on the article to be held.
With regards to claim 8, the carton of Zacherle (Figs. 1-8) is capable of holding each of the at least one article comprises a top closure defining the top end of the article, depending on the article to be held.
With regards to claim 9, Zacherle (Figs. 1-8) discloses the carton is a crate-style carrier. (Para. 0196)
With regards to claim 17, Zacherle (Figs. 1-8) discloses the display window (A1/A2) is arranged such that none of an upper portion of the at least one article configured to be held in the carton protrudes through the display window.
Claim(s) 14 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zacherle US 2017/0327266 A1.
With regards to claim 14, Zacherle (Figs. 1-8) discloses a blank 10 for forming a carton, the blank comprising: a plurality of panels for forming walls of a tubular structure; and a bottom panel 30b/34b (Para. 0046) for closing the lower end of the tubular structure, wherein the plurality of panels includes: a first end wall pane 14l, a first side wall panel 16, a second end wall panel 18, and a second side wall panel 20, wherein the blank further comprises: a display window (A1/A2) defined at least in the first side wall panel to enable at least a portion of an interior of the tubular structure to be exposed to view for display of an article to be held by the formed carton, and a bottom opening (A6) defined at least partially in the bottom panel, wherein the bottom opening is vertically aligned with the display window and is configured to receive a tool therethrough (Para. 0048) that provides upward movement of the article that is to be held above the bottom opening, to enable orientation of the article, depending on the article to be held.
With regards to claim 18, Zacherle (Figs. 1-8) discloses the display window (A1/A2) is arranged such that, in the formed carton, none of an upper portion of the at least one article configured to be held in the carton protrudes through the display window, depending on the article to be held.
Claim Rejections - 35 USC § 103
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zacherle US 2017/0327266 A1.
With regards to claim 3, Zacherle (Figs. 1-8) discloses the claimed inventions (bottom opening A6) as stated above but it does not specifically disclose the bottom opening is vertically aligned substantially with a central portion of the display window.
Zacherle recites in para. 0048, that the openings are used to align and tighten the first and second base panel together. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have the bottom opening vertically aligned substantially with a central portion of the display window since it was known in the art that doing so would allow the folding and tightening of the carton to be even and centered.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zacherle US 2017/0327266 A1 in view of Kulig US 4,406,365.
With regards to claim 5, Zacherle (Figs. 1-8) discloses the claimed inventions as stated above but it does not specifically disclose the carton is a basket-style carrier.
However, Kulig teaches that it was known in the art to have a carton be a basket-style carrier. (Abstract and Col 3:30-34)
Zacherle recites in para. 0197, that the size and shape of the panels of the carton may be changed to accommodate various sizes and shapes of articles. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the carton in Zacherle to be a basket-style carrier as taught by Kulig for the purposes of providing an alternative type of shape and size to the carrier to accommodate various articles.
With regards to claim 6, Zacherle (Figs. 1-8) discloses the carton 90 comprises a partition wall 24 dividing the interior of the carton into a front portion and a back portion but it does not specifically disclose the partition wall extending through the open upper end.
However, Kulig (Fig. 15) teaches that it was known in the art to have a carton the partition wall extending through the open upper end. (Col 7:12-24)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the carton in Zacherle to have the partition wall extending through the open upper end as taught by Kulig for the purposes of providing an alternative arrangement of the carton.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zacherle US 2017/0327266 A1 in view of Holley, Jr. 9,415,914 B2.
With regards to claim 16, Zacherle (Figs. 1-8) discloses the claimed invention as stated above but it does not specifically disclose a bevelled portion being hingedly connected to the partition wall and being disposed obliquely to a securing portion and to the partition wall.
However, Holley, Jr. teaches that it was known in the art to have a carton with a bevelled portion 50a, 54a, 52a, 56a being hingedly connected to the partition wall 41 and being disposed obliquely to a securing portion and to the partition wall. (Col 6:7-25)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the carton in Zacherle to have bevelled portion 50a, 54a, 52a, 56a being hingedly connected to the partition wall 41 and being disposed obliquely to the securing portion and to the partition wall as taught by Holley, Jr. for the purposes of providing receiving space for the articles.
Allowable Subject Matter
Claims 11, 19 and 21-23 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 5/15/2026 have been fully considered but they are not persuasive. The Applicant argues the windows A1/A2 of Zacherle are handle apertures of the handle structure for carrying the carton and cannot be interpreted as the alleged window configured to expose to view a portion of the article receiving space and the article, the Examiner respectfully disagrees. As shown in Figure 2, Zacherle discloses a window A1/A2 (labeled in Figure 1) that shows the interior of the carton. Figure 3 (annotated above), shows the interior of the carton having receiving space to receive at least one article and the window in front of the space to expose to view a portion of the article receiving space and the article. Although, Zacherle may describe A1/A2 as being used as handles, it does not necessarily have to be used that way, the carton may be carried by the bottom panel of the carton. The Applicant also argues nothing in Zacherle discloses or suggests that A6 (alleged bottom opening) is aligned with A1/A2 (alleged window) let alone vertically aligned with A1/A2 and certainly not for any movement or orientation of the article. As shown in Figure 1, aperture A1/A2 and aperture A6 are on panels that are aligned on the same plane (axis), and therefore are considered aligned.
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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 JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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