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 Office Action acknowledges the applicant’s amendment filed on 12/30/2025. Claims 16 and 19-31 are pending in the application. Claims 1-15 and 17-18 are cancelled.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
Claim Objections
Applicant is advised that should claim 16 be found allowable, claim 20 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 103
Claim(s) 16 and 19-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over de la Rocha US 5,330,056 in view of Young US 8,875,878 B2 and further in view of Scott et al. US 4,140,267.
With regards to claim 16, de la Rocha discloses a hinge-lid pack 10, comprising: a body 12 and a lid 22, wherein the lid is hingedly connected to the body along a hinge line 29 arranged on a back side of the pack; and
wherein a separate reinforcement strip 73 (Col 3:46-50) is attached to the back side of the pack and on the inside of the pack.
de la Rocha discloses the body and the lid in the open and closed position but it does not specifically disclose a releaseable locking means arranged on a front side of the pack to releasably lock the lid and the body.
However, Young teaches that it was known in the art to have a hinge-lid pack that includes a body 2 and lid 3 and a releaseable locking means 26/51 arranged on a front side of the pack to releasably lock the lid and the body. (Fig. 1 and Col 6:5-7)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the hinge-lid pack in de la Rocha by providing a releaseable locking means as taught by Young for the purposes of retaining the lid in the closed position.
de la Rocha discloses a separate reinforcement strip attached to the back side of the pack and on the inside of the pack but it does not specifically disclose it is adjacent to the hinge line and extends an entire width of the back side.
PNG
media_image1.png
376
461
media_image1.png
Greyscale
However, Scott teaches that it was known in the art to have a hinged-lid pack 20 have a separate reinforcement strip 46 attached to the back side of the pack and on the inside of the pack and adjacent to the hinge line and extends an entire width of the inner surface. (Col 3:6-23 and Figs. 2-3 and 8)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the reinforcement strip in de la Rocha by having it adjacent to the hinge line and extend an entire width of the back side as taught by Scott for the purposes of preventing rupturing and tearing.
With regards to claim 19, Scott further teaches the reinforcement strip 46 extends over the entire width of the pack and over at least a portion of both lateral sides of the pack. (Col 3:6-23; extends the entire width of the blank)
With regards to claim 20, Scott further teaches the reinforcement strip 46 is attached to the back side of the pack adjacent the hinge line (shown above).
With regards to claim 21, the combination of de la Rocha in view of Scott discloses the reinforcement strip (73; de la Rocha/46; Scott) is arranged and attached exclusively to an inner back side of the body of the pack.
Scott teaches that a reinforcement strip 46 may be placed on each panel next to the hinge to reinforce the hinge therefore, the reinforcement strip would be arranged and attached exclusively to an inner back side of the body of the pack.
With regards to claim 22, the combination of de la Rocha in view of Scott discloses the reinforcement strip (73; de la Rocha/46; Scott) is arranged and attached exclusively to an inner back side of the lid of the pack.
Scott teaches that a reinforcement strip 46 may be placed on each panel next to the hinge to reinforce the hinge therefore, the reinforcement strip would be arranged and attached exclusively to an inner back side of the lid of the pack.
With regards to claim 23, de la Rocha discloses the reinforcement strip 73 has a rectangular shape on the back side of the pack. (Fig. 2)
With regards to claim 24, de la Rocha discloses the reinforcement strip 73 has an overall rectangular shape. (Fig. 2)
With regards to claim 25, de la Rocha discloses a body and lid but it does not specifically disclose wherein the body comprises an inner frame partially arranged within the body of the pack, and wherein the locking means are arranged between the lid and the inner frame.
However, Young further teaches that it was known in the art to have hinged-lid pack body 2 comprises an inner frame 22 partially arranged within the body of the pack, and wherein the locking means 26/51 are arranged between the lid 3 and the inner frame. (Young Col 4:19-29 and 5:66-6:7)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the hinge-lid pack in de la Rocha by providing an inner frame as taught by Young for the purposes of providing a frictional closure to the pack.
With regards to claim 26, the combination of de la Rocha in view of Young and Scott discloses the inner frame (22; Young) and the reinforcement strip (73; de la Rocha and 46; Scott) overlap on lateral sides of the body.
Claim(s) 27-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young US 8,875,878 B2 and further in view of Scott et al. US 4,140,267.
With regards to claim 27, Young discloses a blank of sheet material (Fig. 4) comprising a body portion 2 to form a body of the pack and a lid portion 3 for forming a lid of the pack, wherein the body portion and the lid portion are connected by a hinge line 5, and locking means 26/51 are embodied in the blank of sheet material to form a releasable lock of lid and body in the formed hinge-lid pack.
Young discloses a hinge connecting the lid and body together but it does not specifically disclose a reinforcement strip provided on the blank of sheet material, wherein the reinforcement strip extends over an entire width of the blank.
However, Scott teaches that it was known in the art to have a hinge pack that has a reinforcement strip 46 provided on the blank of sheet material 24, wherein the reinforcement strip extends over an entire width of the blank. (Col 3:6-23 and Figs. 2-3 and 8)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the hinge-lid pack in Young by providing a reinforcement strip on the blank of sheet material as taught by Scott for the purposes of preventing rupturing and tearing.
With regards to claim 28, Young discloses wherein the locking means 26/51 comprise a male connector and a female connector, and wherein the male connector or the female connector of the locking means are arranged in the lid portion 3. (Fig. 1 and Col 6:5-7)
With regards to claim 29, Young discloses further comprising two cutting lines, one cutting line forming the male connector and another cutting line forming the female connector. (Col 6:5-7)
With regards to claim 30, Young discloses further comprising two separate parts 20/22, wherein an inner frame portion 22 is one of the two separate parts of the blank of sheet material.
With regards to claim 31, Scott further teaches the reinforcement strip 46 is arranged on one side of the hinge line (shown above). (Col 3:6-23 and Figs. 2-3 and 8)
Response to Arguments
Applicant’s arguments with respect to claim(s) 16 and 19-31 have been considered but are moot because of a new ground of rejection. However, with regards to the Applicant’s argument that de la Rocha, Lorenz, Andrews or Young does not teach the amended limitation the “reinforcement strip is attached to the back side of the pack adjacent to the hinge line and on an inside of the pack and extends over an entire width of the back side”. The Examiner has cited Scott et al. US 4,140,267 to teach that it was known in the art to have reinforcement strip 68 attached adjacent a hinge line 60/62 and on an inside of the pack and extend over an entire width of a blank.
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 JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
Prosecution Insights