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 species C (figs.8-11) encompassing claims 1-3 and 7 in the reply filed on 02/26/2026 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
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 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bressan (US20230113321A1) and further in view of Bressan (US20240327063A1) herein after 7063’.
Regarding claim 1, Bressan teaches a paper or cardboard container, comprising:
a container body comprising a bottom wall, a front wall, a rear wall, and two side walls, wherein (see annotated fig.5 and 6 of Bressan below for a container body with bottom, front, rear and two sidewalls):
the front wall, the rear wall and the side walls have respective upper edges which define an opening opposite the bottom wall (see annotated fig.5 and 6 of Bressan below for the front, rear and side walls having upper edges that define an opening opposite of the bottom wall), and
each of said side walls comprises an outer layer having a through-hole and an inner layer having a through-window facing the through-hole of the outer layer (see annotated fig.5 and 6 of Bressan below for side walls having outer later with a through hole and an inner layer having a through-window facing the through hole of the outer layer);
a cover movable between an open configuration and a closed configuration, wherein (see annotated fig.5 and 6 below for a cover movable between an open and closed configuration):
the cover comprises an upper wall, a pair of sides parallel to each other and perpendicular to the upper wall (see annotated fig.5 shows the upper wall 4F with sides parallel to each other and perpendicular to upper wall),
each side of said pair of sides has an engagement tab folded over a respective outer surface (see annotated fig.5 and 6 below for each pair sides have engagement tab folded over a respective outer surface; “In one aspect according to any one of the preceding aspects the container comprises at least two second coupling portions (13).”-0038),
in said closed configuration, the engagement tabs of the pair of sides engage respective through-windows of said side walls and hold the cover on the container body (annotated fig.5 and 6 show the tabs and the windows that hold the cover on the container body); and
the cover is adapted to be released from the container body by inserting a finger of a user into each of said through-holes and pressing inwards on said engagement tabs (see annotated fig.5 and 6 show the cover is capable of being released from the body by inserting a finger of a user into holes and pressing inwards the tabs). Bressan does not teach wherein the front wall has a folded distal portion having a base flap folded against an inner surface of the front wall and a stiffening flap arranged at a lower end of the base flap and folded towards an inside of the container.
7063’ does teach wherein the front wall has a folded distal portion having a base flap folded against an inner surface of the front wall and a stiffening flap arranged at a lower end of the base flap and folded towards an inside of the container (see annotated fig.9 and 10 of 7063’ below shows the front wall 4d with a folded distal portion with a base flap folded against the inner surface with and a stiffening flap arranged at the lower end of the base flap folded towards the inside of the container). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the front wall disclosed by Bressan by adding the teaching of base flap and stiffening flap as disclosed by 7063’ in order to to avoid such undesirable deformation that would lead to an undesirable opening of the container. “The support panel 20 is configured to avoid such undesirable deformation that would lead to an undesirable opening of the container; in other words, the support panel 20, in the locking condition, is configured to limit the movement of the side wall of the storage (optionally of the front wall 4a and/or the rear wall 4b) directly carrying the second coupling portion 13, away from the closure system, optionally facing at least one side wall of the storage directly carrying the second portion of coupling 13 (optionally of the front wall 4a and/or the rear wall 4b).” (0171, 7063’)
Annotated fig.5 and 6 of Bressan
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Annotated fig.9 and 10 of Bressan
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622
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Bressan as modified in claim 1 further teaches wherein the cover has a front side perpendicular to said side walls, and wherein in said closed configuration a lower edge of said front side rests against said stiffening flap (see annotated fig.5-6 above cover with a front side 4c perpendicular to the side walls and in closed configuration a lower edge of the front side will rest against the flap).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Bressan as modified in claim 1 further teaches wherein said stiffening flap extends over a full width of the front wall (fig.9 and 10 show the flap extends over a full width of the front wall).
Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Bressan as modified in claim 1 further teaches wherein said stiffening flap has at least one wing which rests against the inner surface of the front wall (see annotated fig.9 and 10 above above where the wing is the edge of the flap that rests against the inner surface).
Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is suggested to add structure and detail about how the stiffing flap and the cover engage to get over the prior art, claims as written are too broad.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY STASHICK can be reached on (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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/PRINCE PAL/Examiner, Art Unit 3735
Prosecution Insights