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 .
This action is written in response to the amendment filed 03/05/2026
Claims 1, 18 and 25 have been amended
Claims 1-9, 17-18, 24-25, 27, 29-32, 35 and 36 are presented for examination
This action is Final
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) 1-2, 5-7, 9, 17-18, 25, 27 and 30-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blin (US 2015/0291328).
Claims 1, 25. Blin discloses an article carrier for forming a package comprising a plurality of sub-packages C (top) disposed next to one another, wherein at least one of the sub-packages comprises a plurality of articles C (bottom), the article carrier comprising a joint member 10 connecting the sub-packages together into a unitary package, the joint member comprising a tubular structure having opposed open ends and disposed around each of the sub-packages such that part of a first one of the sub-packages extends outwards from one of the opposed open ends of the tubular structure and part of a second one of the sub-packages extends outwards from the other one of the opposed open ends of the tubular structure (fig. 1, 5-6), wherein the tubular structure comprises first 110/112 and second engaging openings or tabs 100 in engagement with the first and second sub- packages respectively [0047].
Claim 2. Blin discloses an article carrier according to claim 1, wherein the joint member provides a handle strap 16a ([0047]; fig. 9).
Claim 5. Blin discloses an article carrier according to claim 1, wherein the first and second engaging tabs each is configured to engage an article in a first row or column of articles within a respective one of the first and second sub-packages (fig. 12), the first row or column of articles being disposed proximate to a middle of the top panel and extending transversely with respect to a tubular axis of the joint member (fig. 6).
Claim 6. Blin discloses an article carrier according to claim 1, wherein the first and second engaging tabs are hinged to a top panel of the tubular structure, and each is configured to engage an article in a second row or column of articles within a respective one of the first and second sub-packages, the second row or column of articles being disposed distally from a middle of the top panel (fig. 5-6).
Claim 7. Blin discloses an article carrier according to claim 6, wherein the second row or column of articles is disposed adjacent to a first row or column of articles within the respective one of the first and second sub-packages disposed proximate to the middle of the top panel and extending transversely with respect to a tubular axis of the joint member (fig. 7-8).
Claim 9. Blin discloses an article carrier according to claim 1, wherein the joint member comprises a base panel 16a that is smaller in dimension, in a lateral direction, than the combined footprint of the plurality of sub-packages, wherein the joint member is reinforced by at least one reinforcement flap 18/14, wherein the at least one reinforcement flap is hingedly connected to a side edge of a top panel of the tubular structure (fig. 1, 5).
Claim 17. Blin discloses an article carrier according to claim 1, wherein the first and second engaging openings each engages a heel of an article in a respective one of the first and second sub-packages and is struck at least in part from a base panel of the tubular structure (fig. 12).
Claim 18. Blin discloses an article carrier according to claim 17, wherein the first and second engaging openings each is struck in part from one of a pair of opposing side panels 12/20 of the tubular structure wherein the first and the second engaging openings each is defined in part by a pair of flaps hingedly connected to the tubular structure (fig. 3).
Claim 27. Blin discloses a package according to claim 1 wherein the plurality of sub-packages comprise a stack of sub-packages disposed one on top of another, wherein the joint member is disposed around the stack such that a part of each of the sub-packages of the stack extends outwards from one of the opposed open ends of the tubular structure and another part of each of the sub-packages of the stack extends outwards from the other one of the opposed open ends of the tubular structure, wherein each of the sub-packages comprises a plurality of articles and a top-engaging carrier in engagement with an upper portion of each of the articles (fig. 5-6).
Claim 30. Blin discloses a package according to claim 31, wherein part of the first one of the sub- packages extends outwardly from a first end edge of a base wall of the joint member and part of the second one of the sub-packages extends outwardly from a second, opposing, end edge of the base wall (fig. 11).
Claim 31. Blin discloses a package according to claim 27, the plurality of panels including a handle panel comprising a gripping portion extending transversely with respect to a tubular axis of the tubular structure, the gripping portion having a first transversely extending edge and a second opposing transversely extending edge, wherein one of the opposed open ends of the tubular structure is defined in part by the first transversely extending edge of the gripping portion, the other one of the opposed open ends is defined in part by the second transversely extending edge of the gripping portion, the joint member is disposed around each of the sub-packages such that part of a first one of the sub-packages extends outwardly from the first transversely extending edge of the gripping portion and part of a second one of the sub-packages extends outwards from the second transversely extending edge of the gripping portion, and wherein each of the sub-packages comprises a plurality of articles and a top-engaging carrier in engagement with an upper portion of each of the articles (fig. 3, 9-10).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blin (US 2015/0291328) in view of Shibuya (US 2020/0385186).
Claim 29. Blin discloses the package according to claim 1, wherein the joint member comprising a plurality of panels connected together to form the tubular structure, the plurality of panels including a pair of opposed side panels each having first and second opposed end edges, wherein one of the opposed open ends is defined, in part, by the first end edges of the pair of opposed side panels, the other one of the opposed open ends of the tubular structure is defined, in part, by the second end edges of the pair of opposed side panels (fig. 1).
Blin fails to disclose the joint member surrounding each of the sub-packages.
Shibuya teaches the joint member is disposed around each of the sub- packages such that part of a first one of the sub-packages extends outwardly from said first end edges and part of a second one of the sub-packages extends outwardly from said second end edges, and wherein each of the sub-packages comprises a plurality of articles and a top-engaging carrier in engagement with an upper portion of each of the articles (fig. 4, 5A). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the covering structure of Blin to include the surrounding joint member of Shibuya to assist to assist in maintaining the position of the sub-packages when moved.
Claim(s) 5 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merzeau (US 2004/0256445) in view of Shibuya (US 2020/0385186).
Claims 1. Merzeau discloses an article carrier for forming a package comprising a plurality of sub-packages A1 disposed next to one another, wherein at least one of the sub-packages comprises a plurality of articles A2, the article carrier comprising a joint member 110 connecting the sub-packages together into a unitary package, the joint member comprising a tubular structure having opposed open ends and disposed around each of the sub-packages (fig. 5-7), wherein the tubular structure comprises first 90 and second 92 engaging openings or tabs in engagement with the first and second sub- packages respectively [0030-0032].
Mezeau fails to disclose outwardly extending sub-packages. Shibuya teaches part of a first one of the sub-packages extends outwards from one of the opposed open ends of the tubular structure and part of a second one of the sub-packages extends outwards from the other one of the opposed open ends of the tubular structure (fig. 4). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the package of Wilson to include the configuration of Shibuya to assist in accommodating/stabilizing other carriers for stacking.
Claims 3-4. Merzeau-Shibuya discloses an article carrier according to claim 1, wherein the first and second engaging tabs are hinged to a top panel of the tubular structure by first 22, 28 and second-fold lines, respectively (Merzeau; fig. 1).
Claim 32. Merzeau-Shibuya discloses a package according to claim 1, wherein each of the first and second ones of the sub-packages comprises an engaging projection, and wherein the joint member comprises at least one receiving feature in which the engaging projection 132 of each of the first and second ones of the sub-packages is received (Merzeau; fig. 6-7).
Allowable Subject Matter
Claims 8, 24, 35-36 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.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but in view of the amendment the search has been updated, new prior art has been identified and applied, and a new rejection has been made.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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