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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Goodsite (3,613,985). Goodsite discloses a packaging material structure (Figs. 1-3) comprising a supporting plate (11) having a supporting side (the side of the fold line 12) and a supporting surface (Figs. 2-3), a base plate (13, 15, 17) connected to the supporting side (12) and having a base plate side (18, 19), the base plate comprising two base plate folding lines (14, 16) separately disposed on the base plate, a first foldable area (the area of the supporting side 12) disposed on the supporting plate, and the supporting plate and the base plate bent toward each other along the first foldable area (Fig. 2), an inserting element (23) integrally connected to the base plate side (18), and an inserting slot (21) disposed on the supporting plate. Goodsite further discloses the base plate is for bending toward the supporting surface along the two base plate folding lines so that the inserting element is correspondingly inserted in the inserting slot.
As to claim 2, Goodsite further discloses the base plate is divided into a first portion (13), a second portion (15), and a third portion (17) by the two base plate folding lines, the first portion is connected to the supporting plate, the second portion is disposed between the first portion and the third portion, and the inserting element is connected to the third portion (the inserting element is connected a fourth portion (19) and the fourth portion is connected to the third portion; therefore, the inserting element is connected to the third portion as claimed).
As to claim 3, Goodsite discloses a maximum width of the first portion (13) is W1, a maximum width of the third portion (17) is W3, and W1
≥
W
3
(column 2, lines 41-43).
As to claim 4, Goodsite further discloses a side plate (19) integrally connected to the base plate side (18), and a second foldable area (18, 19) disposed on the side plate, and the side plate bent toward the supporting surface along the second foldable area. Goodsite discloses when the base plate is bent toward the supporting surface along the two base plate folding lines, and the side plate is bent toward the supporting surface along the second foldable area, the base plate and the side plate form a frame body, and the side plate abuts against the supporting surface (Fig. 3).
Allowable Subject Matter
Claims 5-8 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.
Claims 9-24 are allowed.
Response to Arguments
Applicant's arguments filed on 03/27/2026 have been fully considered but they are not deemed to be persuasive.
Applicant’s arguments with respect to Goodsite in the remarks are noted. They are not persuasive because Goodsite discloses the base plate side (18, 19) located on one side of the base plate away from the supporting plate as argued by the Applicant.
Applicant indicates that “the inserting element 131 is neither in the inter region of the base plate 120 nor across the base plate 120. … the tongue member 23 disclosed in Goodsite” is noted, but this is not persuasive because there is nothing in claim 1 requires the inserting element must be along an edge of a panel or the inserting element cannot be located in the inter region of the base plate or across the base plate.
Applicant argues in the remarks that Goodsite fails to disclose “an inserting element integrally connected to the base plate side” is noted. This is not persuasive because Goodsite discloses the base plate having the base plate side (18, 19) and the inserting element (23) integrally connected (22) to the base plate side as claimed.
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736
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