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 .
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 1-9 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 claim 1 recitation of “convertible from a first, closed position and a second, open position” is unclear. Does Applicant actually intend to recite “convertible from a first, closed position to a second, open position”? Exactly what structure/configuration is sought? Please review/revise/clarify.
Claim 1 recites the limitation "the number of pre-perforated apertures". There is insufficient antecedent basis for this limitation in the claim.
Claims 2-9 are rejected as depending from rejected independent claim 1.
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 1-3 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 9,743,783 to Bersamin (“Bersamin”).
Regarding claim 1, Bersamin anticipates a collapsible (col. 1, line 21), pop-up (i.e. “easy to assemble”, per col. 1, lines 21-22) display (e.g. display hutch 10, as shown in fig. 1) comprising: i) an outer shell (e.g. first blank 40, as shown in fig. 2) fabricated from a first single piece of sheet material (fig. 2) having an inside surface (e.g. facing forward in fig. 2) and an outside surface (e.g. facing backward in fig. 2), the outer shell (40) comprising: a) front and rear panels (e.g. front panels 18 and rear wall 12, respectively, as shown in figs. 2 and 12), b) left and right panels (e.g. left and right instances of side walls 14, as shown in figs. 1-2, 5-7 and 12), c) at least one bottom panel (52, as shown in fig. 2), and d) at least one pre-perforated aperture (e.g. first locating notches 50, as shown in figs. 1-2, 9 and 12), convertible from (compare figs. 1-2) a first, closed position (fig. 2) and a second, open position (fig. 1), wherein in the first position (fig. 2), the aperture (50) is covered by (i.e. traversed by, as shown figs. 2 and 12) an integral, pre-perforated (figs. 2 and 12) upper shelf portion (e.g. upper halves of first locating notches 50, as shown in fig. 12) and an integral, pre-perforated (fig. 2) lower tab portion (e.g. lower halves of first locating notches 50, as shown in fig. 12); and ii) an insert (e.g. second blank 70, as shown in fig. 3) fabricated from a second single piece of sheet material (fig. 3), the insert (70) comprising: a) a front panel (e.g. middle panel 72, as shown in fig. 3), b) left and right panels (e.g. left and right instances of middle vertical panels 74, as shown in fig. 3), c) a bottom support panel (e.g. lowermost instance of middle panel 72, as shown in fig. 3); and d) at least one pre-perforated (fig. 3) shelf panel (e.g. rear shelf panels 88, as shown in fig. 3), corresponding in number to (compare figs. 1 and 3) the number of pre-perforated apertures (50) in the shell (40), wherein the pre-perforated shelf panels (88) in the insert (70) are disposed in registration with (compare figs. 1 and 5) the pre-perforated aperture(s) (50) when the insert (70) is disposed inside (compare figs. 1-3 and 5) the shell (40); iii) wherein the inside surface (facing forward in fig. 2) of the shell (40), at the pre-perforated upper shelf portion (aforementioned upper halves of first locating notches 50), is fastened to (figs. 1-3 and 5) the at least one shelf panel (88) of the insert (70).
Regarding claim 2, Bersamin anticipates the collapsible, pop-up display of claim 1, wherein the shell (40) and the insert (70) are made from corrugated paper (col. 1, lines 21-23), cardboard, foam board, or chipboard.
Regarding claim 3, Bersamin anticipates the collapsible, pop-up display of claim 1, wherein the shell (40) and the insert (70) are made from corrugated paper (col. 1, lines 21-23).
Regarding claim 7, Bersamin anticipates the collapsible, pop-up display of claim 1, wherein the shell (40) and the insert (70) are fastened by glue (col. 5, lines 3-6).
Claim Rejections - 35 USC § 103
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.
Claims 4-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bersamin in view of U.S. Patent Application Publication No. 2018/0339840 to Doyle et al. (“Doyle”).
Regarding claim 4, Bersamin discloses the collapsible, pop-up display of claim 1, but does not disclose wherein the shell (40) and the insert (70) are made from cardboard.
Doyle teaches the concept of providing multi-panel container blanks (50, as shown in figs. 9-11) made from cardboard (para. 40).
Given that Bersamin and Doyle both concern multi-panel blanks (compare Bersamin figs. 2-3 and Doyle figs. 9-11) that are ultimately folded to produce containers (compare Bersamin fig. 1 and Doyle fig. 1), it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the Doyle material teachings within the Bersamin assembly as desired, in order to provide the benefit of yielding a resultant Bersamin assembly that is optimally strong and resilient.
Regarding claim 5, Bersamin discloses the collapsible, pop-up display of claim 1, but does not disclose wherein the shell (40) and the insert (70) are made from foam chipboard.
Doyle teaches the concept of providing multi-panel container blanks (50, as shown in figs. 9-11) made from foam chipboard (per para. 40, various chipboard materials may be employed as desired).
For the reasons set forth in the rejection of claim 4, supra, it would have been obvious to apply the Doyle material teachings within the Bersamin assembly as desired.
Regarding claim 6, Bersamin discloses the collapsible, pop-up display of claim 1, but does not disclose wherein the shell (40) and the insert (70) are made from chipboard.
Doyle teaches the concept of providing multi-panel container blanks (50, as shown in figs. 9-11) made from chipboard (per para. 40, chipboard materials may be employed as desired).
For the reasons set forth in the rejection of claim 4, supra, it would have been obvious to apply the Doyle material teachings within the Bersamin assembly as desired.
Regarding claim 8, Bersamin discloses the collapsible, pop-up display of claim 1, but does not disclose wherein the shell (40) and the insert (70) are fastened by hook-and-loop-type fasteners.
Doyle teaches the concept of providing multi-panel container blanks (50, as shown in figs. 9-11) fastened by hook-and-loop-type fasteners (para. 40).
For the reasons set forth in the rejection of claim 4, supra, it would have been obvious to apply the Doyle material teachings within the Bersamin assembly as desired.
Regarding claim 9, Bersamin discloses the collapsible, pop-up display of claim 1, but does not disclose wherein the shell (40) and the insert (70) are fastened by snaps.
Doyle teaches the concept of providing multi-panel container blanks (50, as shown in figs. 9-11) fastened by snaps (para. 40).
For the reasons set forth in the rejection of claim 4, supra, it would have been obvious to apply the Doyle material teachings within the Bersamin assembly as desired.
Conclusion
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637