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 .
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 1-2, 4, 6-15, 19-23 and 26 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.
Claim 1 recites the limitation "wherein the four side walls include two major side walls and two minor side walls" in lines 12 and 13. This limitation is confusing and indefinite because it is unknown if the previously claimed four sides include an additional two major sides and two minor sides as previously claimed, this appears to be addressing the same limitation and would not have to be repeated for the purpose of examination the Examiner is interpreting this limitation as follows :
wherein the four side walls include two major side walls and two minor side walls, when measured in transverse cross-section the major side walls have an overall width substantially greater than an overall width of the minor side walls and the minor side walls have an overall width that is substantially the same as an overall width of the intermediate walls, and wherein an average wall thickness ratio of the thickness of the intermediate walls to the thickness of the major side walls of the container being greater than 0.85.
Also see claims 4 and 8-10 for the same repeated limitation "wherein the four side walls include two major side walls and two minor side walls". This limitation is confusing and indefinite because it is unknown if the previously claimed four sides include an additional two major sides and two minor sides as previously claimed. The examiner is interpreting this limitation is the same way as discussed above in claim 1.
Claims 2, 6-7, 11-15, 19-23 and 26 directly or indirectly depend from claim 1.
Allowable Subject Matter
Claims 16-17 and allowed.
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2, 4, 6-15, 19-23 and 26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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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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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735
