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 .
Response to Amendment
The amendment filed 12-08-2025 has been entered.
Claims 1-8 and 10-15 are pending.
Claim Objections
Claims 8 and 13 are objected to because of the following informalities:
Claim 8, line 15, delete first recitation of “the”; and
Claim 13, line 4, delete first recitation of “the”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The added limitation “wherein the key is configured to be folded” recited in the last line of claim 1 appears redundant with the limitation “said key of said key and receiver arrangement foldably connected to one of said flap and said corresponding end panel and configured to fold out therefrom” previously recited in claim 1, lines 14-15. It is unclear if the applicant is attempting to claim a second (or distinct) folding operation via the added limitation recited in the last line of claim 1.
Claims 2-7 are also rejected under 35 U.S.C. 112(b) as they each depend from a rejected claim.
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.
Claims 1-7, 12, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bamburg et al. (US#4139146).
Regarding claim 1, Bamburg discloses a foldable blank for forming a box, comprising: an elongated bottom panel 12 having opposite ends 26,28 and opposite sides 18,20; two end panels 22,24, each foldably connected to said bottom panel at a corresponding one of said opposite ends; two side panels 14,16, each foldably connected to said bottom panel at a corresponding one of said opposite sides, each side panel including opposite ends 34,36 and 42,44 with a flap 30,32 and 38,40 foldably connected to each of said opposite ends, wherein the panels and the flaps have a co-planar configuration (Fig. 2), and wherein said two end panels and two side panels are configured to be folded upward relative to said bottom panel to define a box configuration and each flap is configured to be folded relative to a corresponding side panel to overlap one of said two end panels when said two end panels and two side panels are folded upward in said box configuration (Fig. 1); a key 46 and receiver (through-holes formed in end panels 22 and 24 via folding tabs 52,54) arrangement defined between each flap and a corresponding end panel, said key 46 of said key and receiver arrangement foldably connected at 50 to said flap and configured to fold out therefrom to create a through-hole in said flap the entire key is located inward from the perimeter of the flap, and said receiver (through-holes formed in end panels 22 and 24 via folding tabs 52,54) of said key and receiver arrangement defined in said corresponding end panel, said receiver configured to receive the key only when said flap overlaps said corresponding end panel (Figs. 1 and 4).; wherein the key is configured to be folded at scoreline 50.
Regarding claim 1, a casket is not being claimed and represents the intended use of the invention. The foldable blank is capable of being used as a casket and meets the applicant's claim definition thereof.
Regarding claim 2, wherein said key defines a width (widest point thereof) and said receiver includes a through-hole having a dimension (smallest width thereof) less than said width of said key to prevent said key from traversing said through-hole without temporarily deforming said key.
Regarding claim 3, wherein said key includes: an elongated stem (bottom third portion of key 46 adjacent scoreline 50, see Fig. 2) and integral enlarged head (remaining two-thirds portion of key 46 distal from scoreline 50, see Fig. 2) formed by a cut 48 in said flap, wherein said elongated stem is foldably connected at one end 50 thereof to said flap; said enlarged head is provided at an opposite end of said elongated stem, said head defining said width, and said stem has a corresponding width less than said dimension of said through-hole.
Regarding claim 4, wherein said blank is formed of corrugated paper (col. 4, lines 63-67).
Regarding claim 5, wherein each end panel includes two receivers 52 and 54 to engage the two corresponding overlapping flaps.
Regarding claim 6, wherein said receiver 52,54 includes a tab foldably connected at 58 to said corresponding end panel and configured to fold out therefrom.
Regarding claim 7, wherein said tab is formed by a U-shaped cut 56 in said corresponding end panel.
Regarding claim 12, Bamburg discloses a method for constructing a box from a foldable blank (Fig. 2) having a bottom panel 12, two end panels 22,24, two side panels 14,16 and a flap 30,32,38,40 at each opposite end of each side panel, in the blank, comprising: folding the two end panels and two side panels upward relative to the bottom panel to define a box configuration (Fig. 1), each of the two end panels including two spaced-apart through-holes (two through-holes formed in each of the end panels 22 and 24 via two folding tabs 52,54); folding the flap at each end of each side panel to overlap a corresponding end panel, in which the flap includes a key 46 foldably connected at 50 thereto, and wherein the flap is folded so that the key is aligned with one of the through-holes in the corresponding end panel (Figs. 1 and 4); and for each flap, advancing the key into the aligned through-hole to at least temporarily hold the overlapping flap in direct engagement with the end panel to retain the foldable blank in the box configuration (Figs. 1 and 4), wherein advancing the key creates a through-hole in the overlapping flap as the entire key is located inward from the perimeter of the flap.
Regarding claim 12, a casket is not being claimed and represents the intended use of the invention. The foldable blank is capable of being used as a casket and meets the applicant's claim definition thereof.
Regarding claim 15, wherein the end panel includes a foldable tab 52,54 that is folded at 58 to form the through-hole in the end panel when the key is advanced into the through-hole in the end panel.
Allowable Subject Matter
Claims 8, 10, and 11 are allowed.
Claims 13 and 14 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 8 was amended to incorporate the allowable subject matter of previously objected claim 9 (now canceled). Claim 13 includes allowable subject matter similar to claim 8, namely engaging a fastener between each through-hole in the end panel and the through-hole in each overlapping flap.
Response to Arguments
Applicant’s arguments have been fully considered and are persuasive. However, as necessitated by amendment, a new ground(s) of rejection is made above.
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 WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677