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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-16 and 18-20 in the reply filed on 09/08/2025 is acknowledged.
Claim 17 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/08/2025..
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) 1-3, 5-7, 12-16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Capo (US 4535928 A) in view of Lane (US 5299734 A).
Regarding claims 1, 12-13, and 18, Capo discloses a dual purpose carton and blank for making comprising a container portion (body portion 66/88); a closure portion (top flaps 36/98), wherein the closure portion is configured to secure a top opening of the container portion (see Fig. 2). Capo lacks vent openings.
Lane teaches foldable cartons comprising vent openings (20 defined between cuts 22 and 24; and Col 4 lines 50-60) in side walls of the carton (see Figures 1-4). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Capo’s carton to include sidewall vent openings in order to allow for moisture or gas to be released from inside the carton (Lane; Col 4 lines 55-60).
Regarding claim 2, Capo, as modified above, discloses a carton wherein the container portion comprises a floor portion (i.e. base or bottom); a first side panel (Capo; 34); a second side panel (Capo; 88) opposite that of the first side panel; a first end panel (Capo; 22); and a second end panel (Capo; 162) opposite that of the first end panel, wherein the floor portion, side panels, and end panels are configurable to form a compartment region of the container portion.
Regarding claim 3, Capo, as modified above, discloses a carton wherein the floor portion comprises a first floor panel (Capo; 56); a second floor panel (Capo; 30); a third floor panel (Capo; 78); and a fourth floor panel (Capo; 118), wherein the first, second, third, and fourth floor panels are configurable to form the floor portion of the container portion.
Regarding claim 5, Capo, as modified above, discloses a carton wherein the closure portion comprises a first closure side panel (Capo; 36) extending from a first side top edge (Capo; 38) of the top opening of the container portion; a second closure side panel (Capo; 98) extending from a second opposing side top edge (Capo; 106) of the top opening of the container portion; a first closure end panel (Capo; 72) extending from a first end top edge (Capo; 74) of the top opening of the container portion; and a second closure end panel (Capo; 26) extending from a second opposing end top edge (Capo; 24) of the top opening of the container portion.
Regarding claim 6, Capo, as modified above, discloses a carton wherein the first closure side panel comprises a first handle portion (Capo; 44) and the second closure side panel comprises a second handle portion (Capo; 112).
Regarding claim 7, Capo, as modified above, discloses a carton wherein at least one of the first handle portion or the second handle portion comprises a handle locking flap (Capo; 52), wherein the handle locking flap is configurable to lock the first handle portion and the second handle portion together in a closed state (Capo; see Fig. 2; Examiner notes that the flap to lock the two handle portions together when the carton is closed).
Regarding claims 14 and 16, Capo, as modified above, discloses a carton wherein one or more of the first closure side panel, the second closure side panel, the first closure end panel (Capo; 272), and the second closure end panel are removable.
Regarding claim 15, Capo, as modified above, discloses a carton wherein the closure portion comprises a top lid panel (Capo; 36) extending from a fold line (Capo; 38) formed along an intersection of the top lid panel and a side top edge of the top opening of the container portion; a tuck flap (Capo; 52) extending from a fold line formed along an intersection of the tuck flap and an edge of the top lid panel (Capo; 46) opposite that of where the top lid panel intersects with the side top edge of the top opening of the container portion; a first end panel flap (Capo; 26) extending from a fold line (Capo; 24) formed along an intersection of the first end panel flap and a first end top edge of the top opening of the container portion; and a second end panel flap (Capo; 72) extending from a fold line (Capo; 74) formed along an intersection of the second end panel flap and a second end top edge of the top opening of the container portion.
Claim(s) 1-5, 12-13, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walters et al. (US 2021/0284382 A1; hereinafter Walters) in view of Lane.
Regarding claims 1, 5, 12-13, and 18, Walters discloses a dual use box and blank for making comprising a container portion (body portion 110); a closure portion (top flaps 130), wherein the closure portion is configured to secure a top opening of the container portion (see Figures 8-9). Walters lacks vent openings.
Lane teaches foldable cartons comprising vent openings (20 defined between cuts 22 and 24; and Col 4 lines 50-60) in side walls of the carton (see Figures 1-4). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Walters’ carton to include sidewall vent openings in order to allow for moisture or gas to be released from inside the carton (Lane; Col 4 lines 55-60).
Regarding claim 2, Walters, as modified above, discloses a carton wherein the container portion comprises a floor portion (i.e. base or bottom); a first side panel (Walters; 110d); a second side panel (Walters; 110b) opposite that of the first side panel; a first end panel (Walters; 110a); and a second end panel (Walters; 110c) opposite that of the first end panel, wherein the floor portion, side panels, and end panels are configurable to form a compartment region of the container portion.
Regarding claim 3, Walters, as modified above, discloses a carton wherein the floor portion comprises a first floor panel (Walters; 260d); a second floor panel (Walters; 260a); a third floor panel (Walters; 260c); and a fourth floor panel (Walters; 260b), wherein the first, second, third, and fourth floor panels are configurable to form the floor portion of the container portion.
Regarding claim 4, Walters, as modified above, discloses a carton wherein the first floor panel comprise one or more locking tabs (Walters; 968) extending from a side edge (Walters; see Fig. 9) of the first floor panel, and wherein in an assembled configuration the one or more locking tabs are configured to be engageable with corresponding one or more slots (Walters; 969) formed in a fold line (Walters; 262) formed along an intersection of the second side panel and the fourth floor panel (Walters; see Fig. 9).
Claim(s) 1-3, 5, 9-13, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miquel Perez et al. (US 8646678 B2; hereinafter Perez) in view of Lane.
Regarding claims 1, 5, 12-13, and 18, Perez discloses a basket and blank for making comprising a container portion (i.e. body portion; see Figures 1-4); a closure portion (i.e. top flaps), wherein the closure portion is configured to secure a top opening of the container portion (see Fig. 5). Perez lacks vent openings.
Lane teaches foldable cartons comprising vent openings (20 defined between cuts 22 and 24; and Col 4 lines 50-60) in side walls of the carton (see Figures 1-4). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Perez’s basket to include sidewall vent openings in order to allow for moisture or gas to be released from inside the carton (Lane; Col 4 lines 55-60).
Regarding claim 2, Perez, as modified above, discloses a carton wherein the container portion comprises a floor portion (i.e. base or bottom); a first side panel (Perez; 2); a second side panel (Perez; opposite 2) opposite that of the first side panel; a first end panel (Perez; 1); and a second end panel (Perez; opposite 1) opposite that of the first end panel, wherein the floor portion, side panels, and end panels are configurable to form a compartment region of the container portion.
Regarding claim 3, Perez, as modified above, discloses a carton wherein the floor portion comprises a first floor panel (Perez; 4); a second floor panel (Perez; 5); a third floor panel (Perez; opposite 5); and a fourth floor panel (Perez; opposite 4), wherein the first, second, third, and fourth floor panels are configurable to form the floor portion of the container portion.
Regarding claim 9, Perez, as modified above, discloses a carton and blank for making further comprising at least one divider portion (Perez; 7), wherein the at least one divider portion is disposed in the container portion (Perez; see Fig. 4).
Regarding claim 10, Perez, as modified above, discloses a carton and blank for making wherein the at least one divider portion comprises a divider floor portion (Perez; extending from 4); a divider panel (Perez; 7); and a divider fold line formed at an intersection of the divider floor portion and the divider panel (Perez; see Fig. 1), wherein the divider fold line is configured to allow the divider panel to be foldable to a generally perpendicular position relative to the divider floor portion (Perez; see Figures 1-4).
Regarding claim 11, Perez, as modified above, discloses a carton and blank for making wherein the divider panel comprises at least one locking tab (Perez; 9) formed on at least one side edge of the divider panel, and wherein the at least one locking tab is configured to engage with at least one side portion (Perez; 8) of the container portion to lock the divider panel in a substantially vertical position (Perez; see Figures 1-4).
Claim(s) 1-3, 5, 8, 12-13, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nikolai (US 2006/0091190 A1) in view of Lane.
Regarding claims 1, 12-13, and 18, Nikolai discloses a paperboard carton and blank for making comprising a container portion (i.e. body portion; see Figures 1-4); a closure portion (i.e. top flaps), wherein the closure portion is configured to secure a top opening of the container portion (see Fig. 5). Nikolai lacks vent openings.
Lane teaches foldable cartons comprising vent openings (20 defined between cuts 22 and 24; and Col 4 lines 50-60) in side walls of the carton (see Figures 1-4). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Nikolai’s carton to include sidewall vent openings in order to allow for moisture or gas to be released from inside the carton (Lane; Col 4 lines 55-60).
Regarding claim 2, Nikolai, as modified above, discloses a carton wherein the container portion comprises a floor portion (i.e. base or bottom); a first side panel (Nikolai; 424) a second side panel (Nikolai; 416) opposite that of the first side panel; a first end panel (Nikolai; 420); and a second end panel (Nikolai; 412) opposite that of the first end panel, wherein the floor portion, side panels, and end panels are configurable to form a compartment region of the container portion.
Regarding claim 3, Beales, as modified above, discloses a carton wherein the floor portion comprises a first floor panel (Nikolai; 512); a second floor panel (Nikolai; 508); a third floor panel (Nikolai; 496); and a fourth floor panel (Nikolai; 504), wherein the first, second, third, and fourth floor panels are configurable to form the floor portion of the container portion (Nikolai; see Figures 1-5).
Regarding claim 5, Nikolai, as modified above, discloses a carton wherein the closure portion comprises a first closure side panel (Nikolai; 482) extending from a first side top edge (Nikolai; see Fig. 3) of the top opening of the container portion; a second closure side panel (Nikolai; 454) extending from a second opposing side top edge of the top opening of the container portion; a first closure end panel (Nikolai; 466) extending from a first end top edge of the top opening of the container portion; and a second closure end panel (Nikolai; 438) extending from a second opposing end top edge of the top opening of the container portion.
Regarding claims 8 and 19, Nikolai, as modified above, discloses a carton wherein the first closure end panel and the second closure end panel are each configured such that in an assembled and closed state the first closure end panel and the second closure end panel comprise a generally triangular shape (Nikolai; see Fig. 3; Examiner notes that 466 and 438 are triangular) and are further configured to be folded downward such that an end portion of the first closure end panel is engageable with a first receiving slot disposed in the first end panel of the container portion and an end portion of the second closure end panel is engageable with a second receiving slot (Nikolai; 514/516; see Fig. 7) disposed in the second end panel of the container portion.
Claim(s) 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beales (US 5346121 A) in view of Lane.
Regarding claim 18, Beales discloses a web tuck paperboard carton comprising a container portion (i.e. body portion; 30/32/46); a closure portion (i.e. top flaps; 24/12), wherein the closure portion is configured to secure a top opening of the container portion (see Figures 1-4). Beales lacks vent openings.
Lane teaches foldable cartons comprising vent openings (20 defined between cuts 22 and 24; and Col 4 lines 50-60) in side walls of the carton (see Figures 1-4). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Nikolai’s carton to include sidewall vent openings in order to allow for moisture or gas to be released from inside the carton (Lane; Col 4 lines 55-60).
Regarding claim 20, Beales, as modified above, discloses a carton wherein closing the top opening of the container portion using the closure portion, comprises folding down a top lid panel of the closure portion such that it covers the top opening of the container portion (Beales; see Fig. 3); and tucking a tuck flap (Beales; 14) such that a surface of the tuck flap is positioned against a portion of an inner surface of a front side panel of the container portion (Beales; see Fig. 4), wherein the tuck flap is foldable and extends from a fold line formed along an intersection (Beales; 16) of the tuck flap and a front edge of the top lid panel.
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.
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