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 .
Election Restriction
Applicant’s election (without traverse) of Species 3 (i.e., FIG. 4A-F, Claims 1-9, and 11-16) in the reply filed on December 15, 2025 is acknowledged. Applicant timely traversed the restriction requirement in the aforementioned reply. Claims 1-17 are pending and claims 1-9, 11-16 will be examined. The election is therefore made FINAL.
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.
(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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by CARTONNAGES FRANCAIS (France FR2198466A5) hereinafter CARTONNAGES FRANCAIS.
Regarding claim 1, CARTONNAGES FRANCAIS teaches (see FIG. 1 - FIG. 4 below) a cardboard tray CF3-01 for receiving articles, such as bottles, syringes, vials, in a horizontal configuration (Fig. 3), realised with a single cardboard sheet 1 comprising
a first transversal fold line 7a, dividing the cardboard sheet 1 into a first part of sheet CF1-01 and into a second part of sheet CF1-02, with the second part of sheet CF1-02 being folded with respect to the first transversal fold line 7a in such a way as to be arranged above the first part of sheet CF1-01 to define a first non-operating configuration having a flat shape (Fig. 1) for the cardboard tray CF3-01;
wherein the second part of sheet CF1-02 arranged above the first part of sheet CF1-01 comprises:
a second transversal fold line 13a and
a third transversal fold line 12a, parallel to one another and parallel to the first transversal fold line 7a which are realised in positions such as to define, in the second part of sheet CF1-02,
a first portion CF1-03, comprised between the first transversal fold line 7a and the second transversal fold line 13a,
a second portion CF1-04, comprised between the second transversal fold line 13a and the third transversal fold line 12a, and
a third portion CF1-05, comprised between the third transversal fold line 12a and a transversal side CF2-01 of the second part of sheet CF1-02;
a fourth transversal fold line 10a which is realised in the second part of sheet CF1-02 between, and parallel to, the second transversal fold line 13a and the third transversal fold line 12a, in a position such as to divide the second portion CF1-04 of the second part of sheet CF1-02 into a first semi-part CF1-06 and into a second semi-part CF1-07;
at least a through-slot 6 realised in the second portion CF1-04 of the second part of sheet CF1-02, between the second transversal fold line 13a and the third transversal fold line 12a, in such a way as to have a first part CF1-08 of slot 6 in the first semi-part CF1-06 of the second portion CF1-04 and a second part CF1-09 of slot 6 in the second semi-part CF1-07 of the second portion CF1-04;
wherein at least a first sector CF1-03 of the first portion CF1-03 of the second part of sheet CF1-02 is fixed to the first part of sheet CF1-01 by fastening means CF3-02,
wherein the cardboard tray CF3-01 is configured in such a way as:
to be able to assume a second opened-out operating configuration (Fig. 3) when the third portion CF1-05 of the second part of sheet CF1-02 is pushed, and translated with respect to the first part of sheet CF1-01, towards the at least a first sector CF1-03 of the first portion CF1-03 of the second part of sheet CF1-02 which is fixed to the first part of sheet CF1-01 in such a way as to be able to fold the first semi-part CF1-06 and the second semi-part CF1-07 of the second portion CF1-04 of the second part of sheet CF1-02 with respect to one another, with respect to the fourth transversal fold line 10a, and arrange them projecting superiorly CF3-04 with respect to the first part of sheet CF1-01, with the first part CF1-08 of slot 6 and the second part CF1-09 of slot 6 facing one another to define a seat CF3-03 for receiving an article in a horizontal configuration (Fig. 3); and
in such a way as to comprise stabilising means CF2-03 for maintaining the first semi-part CF1-06 and the second semi-part CF1-07 of the second portion CF1-04 of the second part of sheet CF1-02 folded with respect to one another and keeping them projecting superiorly CF3-04 to the first part of sheet CF1-01, with the first part CF1-08 of slot 6 and the second part CF1-09 of slot 6 facing one another to define the seat CF3-03 for receiving an article in a horizontal configuration (Fig. 3).
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Regarding claim 2, CARTONNAGES FRANCAIS teaches (see FIG. 1 - FIG. 4 above) cardboard tray CF3-01, wherein the stabilising means CF2-03 comprise at least a first tab CF2-04 realised in the third portion CF1-05 of the second part of sheet CF1-02 in proximity of the third transversal fold line 12a and at least a first through-opening 9a realised in the first part of sheet CF1-01, the at least a first tab CF2-04 and the at least a first through-opening 9a are realised in respective positions in the third portion CF1-05 of the second part of sheet CF1-02 and in the first part of sheet CF1-01 so that, when the third portion CF1-05 of the second part of sheet CF1-02 is pushed, and translated with respect to the first part of sheet CF1-01, towards the at least a first sector CF1-03 of the first portion CF1-03 of the second part of sheet CF1-02 which is fixed to the first part of sheet CF1-01 to bring the cardboard tray CF3-01 from the first flat non-operating configuration into the second opened-out operating configuration (Fig. 3), the at least a first tab CF2-04 can insert in the at least a first through-opening 9a for maintaining the first semi-part CF1-06 and the second semi-part CF1-07 of the second portion CF1-04 of the second part of sheet folded with respect to one another and keeping them projecting superiorly CF3-04 to the first part of sheet CF1-01, with the first part CF1-08 of slot 6 and the second part CF1-09 of slot 6 facing one another to define the seat CF3-03 for receiving an article in a horizontal configuration (Fig. 3).
Regarding claim 3, CARTONNAGES FRANCAIS teaches (see FIG. 1 - FIG. 4 above) cardboard tray CF3-01, wherein the stabilising means CF2-03 comprise at least a second tab CF1-10, projecting from an edge of the at least a first though-opening 9a, dimensioned and configured in such a way that, when the first tab CF2-04 inserts in the first though-opening 9a, the second tab CF1-10 meets the first tab CF2-04 to keep the at least a first tab CF2-04 inserted in the at least a first through-opening 9a.
Regarding claim 4, CARTONNAGES FRANCAIS teaches (see FIG. 1 - FIG. 4 above) cardboard tray CF3-01, wherein the at least a first tab CF2-04 is made at a respective at least a cut present in the third portion CF1-05 of the second part of sheet CF1-02.
Regarding claim 5, CARTONNAGES FRANCAIS teaches (see FIG. 1 - FIG. 4 above) cardboard tray CF3-01, wherein the second part of sheet CF1-02 has a greater length than the first part of sheet CF1-01 so that, with the cardboard tray CF3-01 in the first non-operating configuration having a flat shape (Fig. 1), the third portion CF1-05 of the second part of sheet CF1-02 remains projecting beyond a transversal side CF2-01 of the first part of sheet CF1-01 opposite the first transversal fold line 7a.
Regarding claim 6, CARTONNAGES FRANCAIS teaches (see FIG. 1 - FIG. 4 above) cardboard tray CF3-01, wherein the second part of sheet CF1-02 is dimensioned in such a way as to have a greater length than the first part of sheet CF1-01, so that, when the third portion CF1-05 of the second part of sheet CF1-02 is pushed, and translated with respect to the first part of sheet CF1-01, towards the at least a first sector CF1-03 of the first portion CF1-03 of the second part of sheet CF1-02 which is fixed to the first part of sheet CF1-01 in order to bring the cardboard tray CF3-01 from the first flat non-operating configuration into the second opened-out operating configuration (Fig. 3), the transversal edge 11a of the second part of sheet CF1-02, opposite the first transversal fold line 7a, is arranged substantially at the transversal edge 11a of the first part of sheet CF1-01 opposite the first transversal fold line 7a.
Regarding claim 7, CARTONNAGES FRANCAIS teaches (see FIG. 1 - FIG. 4 above) cardboard tray CF3-01, wherein the first part of sheet CF1-01 and the second part of sheet CF1-02 of the cardboard sheet 1 are dimensioned in such a way that the third portion CF1-05 of the second part of sheet CF1-02 comprises a plurality of through-slots 6 so as to define, when the cardboard tray CF3-01 is brought into the second opened-out operating configuration (Fig. 3), a plurality of seats CF3-03 for receiving a respective plurality of articles in a horizontal configuration (Fig. 3).
Allowable Subject Matter
Claim(s) 8, 11-12 allowable since CARTONNAGES FRANCAIS discloses a --cardboard tray CF3-01--, --die-cut cardboard blank 1--, no teaching of a specific structure of a:
--third sector CF2-02, between the sixth transversal fold line 12 and the first transversal fold line 7a-- [claim 8, lines 9-10],
--first sector 2 of the first portion CF1-03 of the second part of sheet CF1-02 is fixed to the first part of sheet CF1-01 by gluing.-- [claim 11, lines 2-3],
--third sector CF2-02, comprised between the third transversal score line 12a and a transversal side CF2-01 of the second portion CF1-04 of die-cut blank 1-- [claim 12, lines 13-15],
Further, it would not be obvious to further modify the respective references to satisfy these limitations, as such modifications would cause the references to operate in a fashion that is inconsistent with that which was intended by their respective inventors. Accordingly, such modifications would be highly indicative of the use of improper hindsight reasoning.
Claim(s) 9, 13-16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
IWK Verpackungstechnik GmbH (Germany Patent Application Publication DE20101737U1): Teaches a “packaging” with similar characteristics as the claimed invention.
STI Gustav Stabernack GmbH (Germany Patent Application Publication DE202014005810U1): Teaches a “carton” with similar characteristics as the claimed invention.
Eberhardt VEIT (E. P. O. Patent Application Publication EP3702293A1): Teaches an “insert” with similar characteristics as the claimed invention.
Valot et al. (France Patent Application Publication FR2949757A1): Teaches a “device” with similar characteristics as the claimed invention.
Porcelli (U. S. Patent US6269961B1): Teaches a “rack” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
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 D. STASHICK can be reached on (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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/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735