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 1-28 in the reply filed on 11/19/2025 is acknowledged.
Claims 29-35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 11/19/2025.
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) 1-5, 7-10, 15-18, 21-23, and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vierling et al. (EP 3222544 A1; hereinafter Vierling).
Regarding claims 1, 16, and 21, Vierling discloses a container and blank for making comprising a tray (35) comprising a plurality of panels extending at least partially around an interior of the tray, the plurality of panels comprising at least a front panel (5); a lid (36) comprising at least a top panel (18); and a closure comprising a locking slot (14) extending in the front panel of the tray (see Figures 1-2), a closure aperture (26) extending in at least the top panel (see Figures 1-2; Examiner considers 18 to be the top panel), and a closure flap (27) foldably connected to the top panel (Examiner considers closure flap 27 to be foldable insofar as it is able to flex and deflect) and extending in the closure aperture (see Fig. 1; Examiner considers 27 to extend into aperture 26); wherein the container comprises an open configuration in which the top panel extends away from the interior of the tray and a closed configuration in which the top panel extends over at least a portion of the tray, and wherein at least a portion of the front panel is received in the closure aperture (see Figures 3-4; Examiner notes that portion 13 of the front panel is inserted within closure aperture 26) and the closure flap is at least partially received in the locking slot (see Fig. 3; Examiner notes that closure flap 27 is inserted within locking slot 14) in the front panel when the container is in the closed configuration.
Regarding claims 2, 5, and 17, Vierling discloses a container and blank wherein the closure further comprises a protrusion (13) extending from a distal edge of the front panel (see Fig. 2), and wherein the protrusion is at least partially received in the closure aperture in the top panel when the container is in the closed configuration (see Fig. 3).
Regarding claims 3 and 18, Vierling discloses a container and blank wherein the plurality of panels of the tray further comprises a back panel (6) opposite to the front panel, and the top panel of the lid is foldably connected to the back panel along one or more fold lines (29).
Regarding claim 4, Vierling discloses a container and blank wherein at least a portion of the top panel extends along the distal edge of the front panel when the container is in the closed configuration (see Fig. 4; Examiner considers the top panel to abut a distal edge of the front panel).
Regarding claims 7-10 and 22-23, Vierling discloses a container and blank wherein the plurality of panels of the tray further comprises an end panel (7/8), wherein the end panel comprises a recess (11/12; Examiner considers 11 and 12 to present a recess underneath a hook portion) and the lid comprises a tab (20.1/21.1) extending outwardly from the top panel, and wherein the tab is at least partially received in the recess when the container is in the closed configuration (see Figures 2-3).
Regarding claims 15 and 28, Vierling discloses a container and blank wherein the closure aperture and the closure flap are spaced apart from an outer edge of the top panel (see Fig. 1; 26/27 spaced from distal edge of 18).
Allowable Subject Matter
Claim 6, 11-14, 19-20, and 24-27 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.
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.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734