KDETAILED 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
The amendment filed on 03/30/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1-17 are pending.
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) 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parkes US 2009/0065559 A1, herein after referred to as Parkes.
Regarding claim 1 Parkes discloses a convertible display (Figs. 1-12) comprising:
a first face (13 end wall, Figs. 1-3);
a second face (5 base wall, Figs. 1-3) extending orthogonally relative the first face;
a third face (15 end wall) disposed opposite the first face and extending parallel relative thereto;
a fourth face (7 top wall) disposed opposite the second face and extending parallel relative thereto;
a fifth face (9 sidewall) extending orthogonally relative the first face, the second face, the third face, and the fourth face;
a sixth face (11 sidewall) disposed opposite the fifth face and extending parallel relative thereto;
a first removable section (59 removable section, Fig. 2) including a portion of the fourth face, the fifth face, and the sixth face (Figs. 1 and 2), the first removable section (59) having a perimeter including two perforated lines (Fig. 1 and paragraph [0035] lines 1-3) extending an entire width of the fourth face (7, the lines between the removable section 59 and the remaining top wall 7 and side wall 13 both the entire width of the fourth face, Figs. 2-3), a perforated line defined in the fifth face (Figs. 1-3), and another perforated line defined in the sixth face (Figs. 1-3), the first removable section (59) disposed nearer to the first face (13) than to the third face (15, Fig. 2); and
a second removable section (57 removable section , Fig. 2) including a portion of the third face (15), the fourth face (7), the fifth face (9), and the sixth face (11, Figs. 2-3), the second removable section having a perimeter including a perforated line (Fig. 1) extending an entire width of the third face (Figs. 2-3), another perforated line extending of a majority of a length of the fifth face, and another perforated line extending a majority of a length of the sixth face (Figs. 2-3).
Regarding claim 4 Parkes discloses the convertible display of claim 1 and further discloses wherein the second removable section (57) forms two corners of the convertible display (Fig. 2).
Regarding claim 5 Parkes discloses the convertible display of claim 1 and further discloses wherein the entire convertible display is formed of a single sheet of material (Fig. 1).
Regarding claim 6 Parkes discloses the convertible display of claim 5 and further discloses wherein the material includes a paper product (paragraph [0033] line 1).
Claim(s) 7-10 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ringler US 2,842,304, herein after referred to as Ringler.
Regarding claim 7 Ringler discloses a convertible display (Figs. 1-24) capable of being selectively positioned on a support surface in a first display mode and a second display mode, the convertible display comprising:
a sheet of material folded to form the convertible display (Fig. 1);
a first portion (100, See Fig. 25 modified from Fig. 5 see above) to contact the support surface in the first display mode;
a second portion (101, Fig. 25) to contact the support surface in the second display mode;
a first removable section (10 strap portion, Fig. 5) including a panel disposed opposite the second portion (101), the first removable section configured to be removed to convert the convertible display into the first display mode (shown as removed in Fig. 6), the first removeable section (10) including a single layer of the material (Figs. 1 and 6-7); and
a second removable section (7’ top end flap, Fig. 5) including a panel disposed opposite the first portion (100, Fig. 25) and a panel (8 front flange section, Fig. 5) disposed opposite the second portion (101), the first removable section (10) and the second removable section (7’ and 8) configured to be removed to convert the convertible display into the second display mode (Fig.7 and the first portion is capable of being removed).
Regarding claim 8 Ringler discloses a convertible display of claim 7 and further discloses wherein the convertible display includes an overall rectangular prism shape (Figs. 1-25), a length (102, Fig. 25) of the convertible display is configured to extend orthogonally relative the support surface with the convertible display in the first display mode, and the length of the convertible display is configured to extend parallel relative the support surface with the convertible display in the second display mode (101, Fig. 25).
Regarding claim 9 Ringler discloses a convertible display of claim 8 and further discloses the first portion (100) includes a first face of the rectangular prism shape, and the second portion (102) includes a second face of the rectangular prism shape, the second face extending orthogonally relative the first face (Fig. 25).
Regarding claim 10 Ringler discloses a convertible display of claim 9 and further discloses wherein the first portion (100) further includes a plurality of feet (5 and 5’ bottom end flaps) extending beyond the first face, the plurality of feet to engage the support surface (Fig. 25).
Regarding claim 16 Ringler discloses a convertible display of claim 7 and further discloses wherein each of the first removable section (10) and the second removable section (7’ and 8) are irreversibly removable (the container is torn).
Regarding claim 17 Ringler discloses a convertible display of claim 7 and further discloses wherein the second removable section (7’ and 8) is larger than the first removable section (10, Figs. 5-7 and 25)
Allowable Subject Matter
Claims 11-15 are allowed.
Claims 2 and 3 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 fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant’s arguments with respect to claim(s) 1 and 4-6 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
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 Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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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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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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