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 § 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) 1-6, 8-9, and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Makiuchi et al. (US 2016/0368652 A1; hereinafter Makiuchi).
Regarding claims 1-2, 8-9, 11-12, and 14, Makiuchi discloses a locking structure, container utilizing locking structure, and blank for making comprising a tab carrier (44) that is planar at least in some portion, and at least one tab connection (see Fig. 6) for fastening the tab carrier to a contact surface (sidewall surface 13 adjacent fold 15; see Par. 0041-0042) in a plane parallel fastening position, the tab carrier having at least one tab (47) that extends in a plane of the tab carrier and passes through a cut-out (23/27) in the contact surface in the fastening position, the contact surface having a contact portion that is pivotable or bendable about a straight bending line (18 or 19), wherein the bending line runs through the cut-out, at least one edge region of the cut-out is formed in the contact portion (edge region of 27 adjacent 18) and is configured to be elastically deformable counter to a restoring force such that, as a result of a pivoting movement of the contact portion about the bending line, the edge region is capable of being brought into contact with an end face of the tab (see Par. 0010-0012), as the pivoting movement continues, the edge region is capable of being elastically deformed and deflected by means of the end face of the tab, wherein the end face forms an abutment (see Par. 0055-0056), and wherein, when the edge region is in an elastically deformed position, the tab enters the cut-out and forms an undercut (48) with the contact portion (see Fig. 6).
Regarding claims 3-4, Makiuchi discloses a locking structure wherein the tab carrier is formed by an angulation of a first wall surface, and the contact surface is formed by a second wall surface of the structure (see Par. 0046-0047).
Regarding claims 5-6 and 13, Makiuchi discloses a locking structure wherein the first wall surface and the second wall surface enclose a right angle in the fastening position (see Par. 0041). Examiner considers scores to form a “groove”.
Allowable Subject Matter
Claims 7 and 10 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.
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.
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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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