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
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Friar (US 5,350,108).
Regarding claim 1, Friar (figs. 5-6b and col. 8, lines 2-7) discloses a container 90 capable of holding one-or more items during storage, shipping; or both, wherein the container comprises:
at least one tapeless closure mechanism capable of holding an assembled container in an at least partially closed, configuration without tape, adhesive, staples, or other closure devices, each tapeless closure mechanism including:
a slot 31 having a slot width and a tab 78 having a total tab width which is greater than the slot width, the slot 31 and the tab 78 being provided on adjacent elements (i.e. the base and the lid) of the container in positions which align the slot 31 and the tab 78 with one another when the container is assembled, wherein the tab 78 has an arrowhead 81 with an arrowhead width which is no greater than the width of the slot 31, and either one laterally extending hook 86 which extends from one side of the arrowhead 81or two laterally extending hooks 86 which extend from opposite sides of the arrowhead 81, the total tab width being a total of the arrowhead width and widths of each of the one or two laterally extending hooks 86, wherein each of the one or two laterally extending hooks 86 is foldable against the arrowhead 81, thereby permitted the tab 78 to be inserted through the slot 31, wherein after the tab 78 is inserted through the slot, each of the one or two hooks 86 unfolds to a position in which withdrawal of the tab78 from the slot 31 is no longer possible and the at least one tapeless closure mechanism holds the container in an at least partially closed configuration.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at 571-272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735