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 on 06/19/226 (hereinafter “amendment”) has been accepted and entered. Claims 1-19 are pending. Claims 5-8, 10-11, and 19-20 are withdrawn from consideration.
Election/Restrictions
Applicant states that claims 10-11 were improperly withdrawn with no further remarks as to why it is improper. During the interview Examiner explained if the Applicant thought there was an error and explanation should be put forth in the response. Examiner does not believe the withdrawal of claims 10-11 are improper as they do not read on the elected species. As such claims 5-8, 10-11 and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim.
Claim Objections
Claims 2-4, 9, 12-13 and 15-17 objected to because of the following informalities: the listed claims recite “an article carrier according to claim” and should instead recite “the article carrier according to claim”. Appropriate correction is required.
Applicant states in their remarks that the claims have been amended but no claims have been amended in the response filed 06/19/2026.
Claim Rejections - 35 USC § 112(b)
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.
Claim 13 is 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.
Claim 13 recites “each receiver comprising an aperture struck at least in part from the side wall or the end wall to which a respective corner panel is hingedly connected”, this is unclear. Does this mean the receiver is just an aperture in the side wall? The claim previously recites “wherein each of the side wall or the end wall to which a respective corner panel is hingedly connected comprises a receiver for receiving” and then again “in part from the side wall or the end wall to which a respective corner is hingedly connected”, is this just the same limitation recited twice? It is unclear.
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.
Claim(s) 1-4, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valencia US 2021/0031968 A1, herein after referred to as Valencia.
Regarding Claim 1 Valencia discloses an article carrier for packaging one or more articles (Figs. 1-5), the article carrier comprising:
a plurality of panels forming a tray, the plurality of panels comprising:
a base panel (14 and 114 base panel, Figs. 1-5);
a pair of opposed side walls (18, 20, 118 and 120 side panels), hingedly connected to the base panel; and
a pair of opposed end walls (12,16, 112 and 116 end panels) hingedly connected to the base panel, the carrier further comprising:
at least one corner structure (each corner shown at C1, C2, C3 and C4, the entire corner structure, Fig. 1) coupling one of the pair of opposed side walls to one of the pair of opposed end walls, the corner structure comprising:
a corner panel (26a-d outer corner panel) extending between said end wall and said side wall, when the article carrier is in an erected condition (Figs. 3-4),
wherein the corner panel (26a-d) is hingedly connected to one of said end wall or said side wall by a first hinged connection (27a-d fold line), the corner structure further comprising:
a web panel (24a-d web panel) hingedly connected to the corner panel by a second hinged connection (25a-d fold line); and
a securing panel (22a-d inner corner panel) hingedly connected to the web panel by a third hinged connection (23a-d fold line), wherein the securing panel is secured to the other one of said end wall or said side wall (secured to the end wall via the fold lines 21a-d) to which the corner panel is hingedly connected, and
wherein the article carrier is foldable into a flat collapsed state, in which the securing panel is disposed between the end wall and the side wall, and is erectable into a tray, in which the securing panel is disposed between the web panel and the end wall or the side wall to which it is secured (Figs. 1-5).
Regarding Claim 2 Valencia discloses the article carrier according to claim 1 and further discloses wherein, in the flat collapsed state, the web panel (24a-d) and the corner panel (26a-d) are disposed between the end wall and the side wall (Figs. 1 and 5).
Regarding Claim 3 Valencia discloses the article carrier according to claim 1 and further discloses wherein, in the erected condition ,the tray is nestable with one or more similar tray in an erected condition (Fig. 3).
Regarding Claim 4 Valencia discloses the article carrier according to claim 1 and further discloses wherein the article carrier is formed from a substrate having a pair of opposed surfaces comprising a first surface forming an outer surface of the tray and a second surface forming an inner surface of the tray, wherein the outer surface of the securing panel (22a-d) is secured to the outer surface of one of the end wall and the side wall (the securing panel is secured along its entire edge including the inner surface and outer surface along the fold lines 21a-d, Fig. 1).
Regarding Claim 15 Valencia discloses the article carrier according to claim 1 and further discloses wherein the article carrier comprises a plurality of the corner structure (C1-C4), wherein each corner structure couples one of the pair of opposed side walls to one of the pair of opposed end walls (Fig. 1).
Regarding Claim 18 Valencia discloses a blank for forming an article carrier (Figs. 1-5), the blank comprising:
a plurality of primary panels for forming walls of a tray, the plurality of panels comprising:
a base panel (14 and 114 base panel, Figs. 1-5);
a pair of opposed side walls (18, 20, 118 and 120 side panels), hingedly connected to the base panel; and
a pair of opposed end walls (12,16, 112 and 116 end panels) hingedly connected to the base panel, the blank further comprising:
at least one corner structure (C1, C2, C3 and C4, Fig. 1) coupling one of the pair of opposed side walls to one of the pair of opposed end walls, the corner structure comprising:
a corner panel (26a-d outer corner panel) extending between said end wall and said side wall, when the article carrier is in an erected condition (Figs. 3-4),
wherein the corner panel (26a-d) is hingedly connected to one of said end wall or said side wall by a first hinged connection (27a-d fold line), the corner structure further comprising:
a web panel (24a-d web panel) hingedly connected to the corner panel by a second hinged connection (25a-d fold line); and
a securing panel (22a-d inner corner panel) hingedly connected to the web panel by a third hinged connection (23a-d fold line), wherein the securing panel is securable to the other one of said end wall or said side wall (secured to the end wall via the fold lines 21a-d) to which the corner panel is hingedly connected, and
wherein the blank is foldable into a flat collapsed tray, in which the securing panel is disposed between the end wall and the side wall, and is erectable into a tray, in which the securing panel is disposed between the web panel and the end wall or the side wall to which it is secured (Figs. 1-5).
Claim(s) 1, 9, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKenna US 2014/0061289 A1, herein after referred to as McKenna.
Regarding Claim 1 McKenna discloses an article carrier for packaging one or more articles (Figs. 1-17), the article carrier comprising:
a plurality of panels forming a tray, the plurality of panels comprising:
a base panel (11 bottom wall, Fig. 6);
a pair of opposed side walls (14 and 15 end walls), hingedly connected to the base panel (Figs. 6-9); and
a pair of opposed end walls (12, 13, 16 and 17 side walls) hingedly connected to the base panel, the carrier further comprising:
at least one corner structure (41 corner post panels, Fig. 6) coupling one of the pair of opposed side walls to one of the pair of opposed end walls (Figs. 9-11), the corner structure comprising:
a corner panel (46 third rectangular panel) extending between said end wall and said side wall, when the article carrier is in an erected condition (Fig. 11),
wherein the corner panel (46 third rectangular panel) is hingedly connected to one of said end wall or said side wall by a first hinged connection (Figs. 6-11), the corner structure further comprising:
a web panel (45 second rectangular panel) hingedly connected to the corner panel by a second hinged connection (Fig. 6); and
a securing panel (44 first rectangular panel) hingedly connected to the web panel by a third hinged connection (44-46 are hingedly connected to each other by fold lines and to the side wall via those fold lines), wherein the securing panel (44) is secured to the other one of said end wall or said side wall (secured to the end wall via A adhesive, Fig. 7) to which the corner panel is hingedly connected, and
wherein the article carrier is foldable into a flat collapsed state, in which the securing panel is disposed between the end wall and the side wall, and is erectable into a tray, in which the securing panel is disposed between the web panel and the end wall or the side wall to which it is secured (Figs. 6-11).
Regarding Claim 9 McKenna discloses the article carrier according to claim 1 and further discloses wherein the side wall or the end wall (12 which includes) to which the securing panel is secured comprises at least one locking tab (20 locking tab) extending from a side edge thereof (Fig. 6).
Regarding Claim 12 McKenna discloses the article carrier according to claim 9 and further discloses wherein the side wall or the end wall to which the securing panel is secured comprises a pair of locking tabs (20) extending from opposed side edges thereof (on either side, Fig. 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.
Claim(s) 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Valencia in view of Flaming US 2016/0144994 A1, herein after referred to as Flaming.
Regarding claim 16 Valencia discloses the article carrier according to claim 1. Valencia is silent to a ventilation opening formed in at least one of the plurality of panels.
Flaming discloses a tray like article carrier (Figs. 1-2B) with a plurality of panels that include a ventilation opening (116 holes) in the opposing side walls (Figs. 1-2B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the ventilation opening in the side wall as taught by Flaming as doing so is well known in the art and would yield predictable results as shown by Flaming. Additionally, the vent holes with provide for air flow through the container to allow contents to stay dry.
Regarding claim 17 Valencia as modified discloses the article carrier according to claim 16 and further discloses wherein the ventilation opening comprises an opening, at least in part, from one or more of: the side wall (Figs. 1-2B Flaming), an adjacent end wall, and the base panel.
Response to Arguments
Applicant's arguments filed 06/19/2026 have been fully considered but they are not persuasive. Applicant states that the corner panel 22a-d are not between the end wall and side wall in a flat collapsed state, examiner disagrees. As shown in Fig. 1, 22a-d are between the end wall 12 and 16 and the side walls 18 and 20. Applicant states that 22a-d are placed between the web panels 24a-d and corner panels 26a not between the web panels 24a-d and end wall 12 and 16. Examiner disagrees. As shown in Fig. 1 22a-d are between the web panel 24a-d and a respective end wall 12/16. Applicant states C1-C4 cannot be interpreted as fully assembled corners. The use of C1-C4 is to direct attention to each corner structure and not just the cutout. Applicant argues that Valencia is silent on nestability in the erected condition. The shape of an erected Valencia as shown in Fig. 3 with sidewalls extending outwardly will allow for an additional carrier to be placed inside it and thus the nature of the shape allows for nestability. Applicant argues that an outer surface 22a-d is not secured to the outer surface of one of the end wall and the side wall” and this is “opposite of what is described in Valencia” and the “fold lines 21a-d serve only as a hinge connections and are nowhere described as a securing edge along which 22a-d bonds to the wall”. A portion of the outer surface of 22a-d is secured to a surface of the corner panel 26-a, but a portion of the outer surface of 22a-d is also secured/attached/hinged to a respective end wall 12/16 as it is attached along the entire edge of the panel which includes an outer surface and inner surface. Applicant states that C1-C4 cannot be interpreted as fully assembled corner structures and they do not connect to couple or engage the side walls or end walls. As stated above, C1-C4 is used to direct attention to each of the four corners including the three corner panels of each corner structure. Examiner is referring to 46 as the corner panel. Applicant argues that 46 is not hingedly connected to one of the end wall 14 and 15 or side wall by a hinged connection. Examiner disagrees. 46 is hingedly connected to the side wall 14 or 15 via 44 and 45 and hinged connections between them. It appears that the applicant is arguing that the corner panel should be directly attached, but that is not what is claimed. Applicant argues that McKenna is not foldable into a flat collapsed state. Examiner disagrees, a flat state is shown in Figs. 6 and 14 and the blank can be unfolded. Applicant states paragraph [0039] discloses a one-way assembly but that is not recited. Applicant further states 44 is disposed between panel 45 and panel 14 but nothing further about any supposed error and thusly it’s an unclear point. Applicant’s arguments to claims 16-17 are based on arguments to claim 1 and are addressed above.
Conclusion
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 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 Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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, Anthony Stashick can be reached at (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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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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