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
This office action is in response to the reply filed on 2/17/2026, wherein claims 47, 49-60, 62, 64-65 were amended, claims 48, 50, 61, 63, 66 are cancelled. Claims 47, 49, 51-60, 62, 64-65 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 60 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 60 states "wherein said elastic reaction device extends from an inner face of the at least one first folding line." Firstly there is no clear inner face to the first folding line because it is a line. Secondly, from figure 1H, it appears that the reaction device is on an exterior surface. It is unclear the limitation being placed or if it is supported by the specification.
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 47, 49, 51-60, 62, 64-65 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 term “at least one first folding line” and “at least one second folding line” in claim 47 is a relative term which renders the claim indefinite. If, the first folding lines are items 20 on 125 (central location) and the second folding lines are item 20 (left and right side), there are exactly two of each required in the claimed configuration (these are necessary to facilitate both the first and second grasping portions). It is unclear how “at least one” is being stated, a singular fold line will not create the first and second grasping portions. Claims 49, 51-60, 62, 64-65 directly or indirectly depend from claim 47 and are also rejected.
The term “wherein said first and second flaps are each connected to said support device via at least one respective second folding line configured for folding or creasing said engagement device;” in claim 47 is a relative term which renders the claim indefinite. There is no direct connection between the support device and the flaps. The claim language implies that flaps are connected to the support device through a fold line. However, the support device and flaps are from two different blanks. Even in the formed product, there is no “connection” mechanism between the two features. Claims 49, 51-60, 62, 64-65 directly or indirectly depend from claim 47 and are also rejected.
The term “first and second flaps” and “first and second base portions” in claim 47 is a relative term which renders the claim indefinite. It is said that the flaps extend from the first and second base portions, specifically extending from said support device. However, the flaps are part of the engagement device. The first and second base portions are part of the support device. How can the flaps extend from a starting point (base portion) that is not its own feature? It is also said that the first and second base portions are “one piece” with said first and second flaps. This cannot be true; the engagement device and support device are two separate blanks. Further, this is not the embodiment previously examined or shown in any of the drawings. The claim states “first and second base portions of the engagement device, the corresponding first and second base portions defining part of said support device”. Are the base portions part of the support device or the engagement device? They can’t be part of both, as the claim appears to be stating. Overall, the claims appear to contradict themselves when it comes to these features. Claims 49, 51-60, 62, 64-65 directly or indirectly depend from claim 47 and are also rejected.
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) 47, 49, 53-62, 65 is/are rejected under 35 U.S.C. 102a(2) as being anticipated by Foster (US 2675912 A).
With respect to claim 47, Foster discloses a support member for supporting one or more articles, said support member being adapted to be part of a corresponding package having an outer wrapping configured for receiving the support member, the support member comprising: an engagement device (6) configured for engaging and retaining said one or more articles, a support device (5) configured for supporting said engagement device said engagement device being configured from a foldable material and comprising at least one first folding line (12a, 11a) configured for folding or creasing the engagement device; wherein said engagement device comprises at least first and second grasping portions (15,17) projecting from said support device and which are adapted to grasp, by engaging opposite sides thereof, a corresponding part of the one or more articles; wherein each of the first and second grasping portions comprises first and second flaps (14, 15) projecting from said support device, said first and second flaps being positioned on opposite sides of the at least one first folding line, facing one another and being spaced apart from one another; wherein said first and second flaps are each connected to said support device via at least one respective second folding line (10, 13) configured for folding or creasing said engagement device; wherein said respective first and second flaps extend from corresponding first and second base portions (end portions of 5) of the engagement device, the corresponding first and second base portions defining part of said support device; the first and second base portions (end portions of 5) are being mutually parallel, the first and second flaps extending from the first and second base portion, respectively; wherein said first and second base portions are configured in one piece with said first and second flaps (see 112 above); wherein said support device comprises a base body (bottom panel of 5), from which said first and second flaps extend upwardly in use; wherein the first and second base portions (end portions of 5) are integrally joined to said base body on a first side (backside of 5) of the base body opposite from a second side of the base body from which the first and second grasping portions extend; an elastic reaction device (lines in combination with “a”, for example 12 vs 12a, 11 vs 11a) adapted to eliminate, or reduce, an elastic return reaction of the at least one first folding line wherein said elastic reaction device is positioned at the at least one first folding line (12 vs 12a and 11 vs 11a); wherein said elastic reaction device is configured to interrupt an integrity of the at least one first folding line (12a interrupts 12 or vice versa).
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With respect to claim 49, Foster discloses the support member according to claim 47,wherein said elastic reaction device is in a form configured for weakening the at least one first folding line (12a interrupts 12 or vice versa).
With respect to claim 53, Foster discloses the support member according to claim 47, wherein said elastic reaction device is configured to interrupt a longitudinal extension of the at least one first folding line. (12a, 11a)
With respect to claim 54, Foster discloses the support member according to claim 53, wherein said elastic reaction device passes through the at least one first folding line. (col 2 lines 40-47)
With respect to claim 5, Foster discloses the support member according to claim 47, wherein said elastic reaction device is positioned along a longitudinal extent of the at least one first folding line, away from ends of the at least one first folding line. (fold line 11 and 12, vs reaction device 11a and 12a in figure 3)
With respect to claim 56, Foster discloses the support member according to claim 47, wherein said elastic reaction device comprises a cut extending longitudinally along the at least one first folding line. (11a, 12a)
With respect to claim 57, Foster discloses the support member according to claim 47, wherein said elastic reaction device extends along an entire length of the at least one first folding line. (can consider 11a in combination with 11 to be the reaction device, both cooperate towards controlling the behavior of the fold line, even a crease line contributes to the end goal)
With respect to claim 58, Foster discloses the support member according to claim 47, wherein said at least one first folding line has first and second continuous outermost portions (outermost 11 and 12) and said elastic reaction device extends centrally along the at least one first folding line (centermost 11a and 12a), spaced apart from outermost ends of the at least one first folding line.
With respect to claim 59, Foster discloses the support member according to claim 47, wherein said elastic reaction device comprises a single through cut extending longitudinally along a central portion of the at least one first folding line. (can consider only central 11a and 12a)
With respect to claim 60, Foster discloses the support member according to claim 47, wherein said elastic reaction device extends from an inner face of the at least one first folding line. (technically a cut as taught by Foster creates an inner face of a fold line)
With respect to claim 62, Foster discloses the support member according to claim 47, wherein said first and second flaps converge toward one another at the at least one first folding line (11 and 12).
With respect to claim 65, Foster discloses the support member according to claim 47, and further comprising a further elastic reaction device adapted to eliminate, or reduce, an elastic return reaction of the at least one second folding line (10a and 13a).
Claim(s) 47 and 64 is/are rejected under 35 U.S.C. 102a(2) as being anticipated by Cartonnages (FR 2198466 A5).
With respect to claim 47, Cartonnages discloses a support member for supporting one or more articles, said support member being adapted to be part of a corresponding package having an outer wrapping configured for receiving the support member, the support member comprising: an engagement device (portion from 7a to 7) configured for engaging and retaining said one or more articles, a support device (3, 1) configured for supporting said engagement device said engagement device being configured from a foldable material and comprising at least one first folding line (14a, 14) configured for folding or creasing the engagement device; wherein said engagement device comprises at least first and second grasping portions (6, 5) projecting from said support device and which are adapted to grasp, by engaging opposite sides thereof, a corresponding part of the one or more articles; wherein each of the first and second grasping portions comprises first and second flaps (between 10a and 14a or 10 and 14) projecting from said support device, said first and second flaps being positioned on opposite sides of the at least one first folding line, facing one another and being spaced apart from one another; wherein said first and second flaps are each connected to said support device via at least one respective second folding line (7a and 7) configured for folding or creasing said engagement device; wherein said respective first and second flaps extend from corresponding first and second base portions (between 7a and 11a or 7 and 11, alternative 3 and 1) of the engagement device, the corresponding first and second base portions defining part of said support device; the first and second base portions are being mutually parallel, the first and second flaps extending from the first and second base portion, respectively; wherein said first and second base portions are configured in one piece with said first and second flaps (blank of figure 1); wherein said support device comprises a base body (3 or 3 and1 ), from which said first and second flaps extend upwardly in use; wherein the first and second base portions are integrally joined to said base body on a first side (mating side) of the base body opposite from a second side (bottom side, see fig 4) of the base body from which the first and second grasping portions extend; an elastic reaction device (13a, 13) adapted to eliminate, or reduce, an elastic return reaction of the at least one first folding line wherein said elastic reaction device (13a, 13) is positioned at the at least one first folding line; wherein said elastic reaction device is configured to interrupt an integrity of the at least one first folding line (14a, 14).
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With respect to claim 64, Cartonnages discloses the support member according to claim 47, wherein said support device (1 and 3) extends in a planar manner and said base body (3) is configured as a sheet comprising apertures (9) for allowing passage of the first and second flaps therethrough. (can alternatively consider the blank to meet the sheet)
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.
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) 51-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foster (US 2675912 A) in view of Techman (US 3215331 A).
With respect to claim 51, the references as applied to claim 47, above, disclose all the limitations of the claims except for wherein said elastic reaction device extends only through a partial thickness of the at least one first folding line. Foster teaches of score lines (plain 11 and 12), however, fails to elaborate on the structure. However in a similar field of endeavor, namely paperboard inserts, Techman taught of score lines and taught that the score line can be composed of a partial thickness cut (column 6 claim 3), a cut that extends incompletely through the material. Therefore, it would have been obvious to one of ordinary skill in the art of paperboard supports before the effective filing date of the claimed invention to include an elastic reaction device that extends only through a partial thickness as taught by Techman in the crease line of Foster since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case Foster teaches of a crease line and adding a partial cut to form the crease line as taught by Techman would maintain the same functionality of Foster, making the results predictable to one of ordinary skill in the art (MPEP 2143).
Examiner Note: The elastic reaction device can be considered to reduce a return reaction as compared to an uncut feature.
With respect to claim 52, the references as applied to claim 51, above, disclose all the limitations of the claims. The references further teach wherein said elastic reaction device comprises a cut extending through a portion of the at least one first folding line. (can consider top view or thickness as extension through only a portion)
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-3215331-A OR US-3311232-A OR US-2675912-A OR US-20250242964-A1 OR US-20130062344-A1 OR US-20040020977-A1 OR US-20170334600-A1 OR US-3101166-A OR US-3955744-A OR US-3559866-A OR US-7322479-B2
Response to Arguments
Applicant’s arguments with respect to claim(s) 4/30/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 extension fee 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.
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/S.K.S./Examiner, Art Unit 3735
/ERNESTO A GRANO/Primary Examiner, Art Unit 3735
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