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 § 103
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 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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herlin et al. (US 2019/0127107 A1; hereinafter Herlin) in view of Davidov et al. (US 2003/0029868 A1; hereinafter Davidov).
Regarding claims 1, 7-8, 10, and 14, Herlin discloses a paperboard packaging container and lid comprising a body (3) extending at least partially around an interior of the container, a closed bottom (4) engaged with the body; and a closed top (5) engaged with the body, the closed top comprising a lid comprising a lid panel (29). Examiner notes that the container body and the lid are formed from separate blanks. Herlin lacks a lid panel with an accessory retention opening.
Davidov teaches a lid comprising an a lid panel (14) at least partially defining an accessory retention opening (16) for at least partially receiving an accessory (18) associated with at least one article (see Figures 1 and 5-6). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Herlin’s lid to include an accessory retention opening for holding a serving utensil in order to conveniently allow one to consume contents of the container after opening the lid (Davidov; Par. 0018-0019).
Regarding claims 2 and 11, Herlin, as modified above, discloses a paperboard container and lid wherein the lid further comprises a lid cover (Davidov; 24) spaced away from the lid panel such that a lid compartment is at least partially defined therebetween (Davidov; see Figures 5-6), the accessory retention opening provides access to the lid compartment such that the lid compartment is for at least partially receiving the accessory (Davidov; Par. 0023).
Regarding claim 3, Herlin, as modified above, discloses a paperboard container and lid wherein the lid is repositionable between a closed position (Herlin; Par. 0103-0104) at least partially overlying the body and an open position at least partially raised away from the body, the lid comprising a lid flange (Herlin; 18) extending upwardly from the lid panel to at least partially form a lid recess (Herlin; 15).
Regarding claim 4, Herlin, as modified above, discloses a paperboard container and lid wherein the lid flange is at least partially separable from and at least foldably connected to the body at a line of weakening (Herlin; 20’/20’’).
Regarding claims 5 and 12, Herlin, as modified above, discloses a paperboard container and lid wherein the container further comprises at least one barrier member attached to the body in the interior of the container (Herlin; Par. 0113).
Regarding claims 6 and 13, Herlin, as modified above, discloses a paperboard container and lid wherein the at least one barrier member comprises a central portion (Herlin; 29) at least partially separable from a marginal portion (Herlin; 35) for facilitating access to the interior of the container (Herlin; see Figures 1a-b).
Regarding claim 9, Herlin, as modified above, discloses a paperboard container and lid wherein the accessory comprises a cup at least partially positioned in the lid compartment and a handle extending away from the cup (i.e. spoon) such that the handle extends in generally parallel relation with the lid panel (Davidov; Par. 0008).
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive. Applicant contends that the prior art reference, Herlin, is a 35 U.S.C. 102(a)(2) references that is excepted under 35 U.S.C. 102(b)(2)(C) common ownership assignment provision.
-Examiner notes that Herlin qualifies as, and is used as, a 35 U.S.C. 102(a)(1) reference due to the published date being more than a year before the filing of the instant application. The rejection is respectfully maintained.
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
Prosecution Insights