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/Restrictions
Applicant’s election without traverse of Claims 1-15 in the reply filed on 05/12/2026 is acknowledged.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/12/2026.
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.
Claim 7 is 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 7 recites the limitation "the distal top end" in line 2. There is insufficient antecedent basis for this limitation in the claim, therefore the metes and bounds of the limitation are not readily understood.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meyer (DE 10136111 A1).
Regarding claims 1 and 6-7, Meyer discloses a folded cardboard box for re-use comprising a box comprising a sidewall enclosure and a plurality of top panels (4-6; see Fig. 7) extending from the sidewall enclosure at a top end of the box, the plurality of top panels comprising a first top panel (4), a second top panel (5), a third top panel (4; see Fig. 7), and a fourth top panel (6); a tape strip (9/10) extending across the first, second, and third top panels; wherein the sealable box assembly is configurable in an open configuration (see Fig. 1) and a closed configuration (see Fig. 2); in the open configuration, a top opening formed at the top end of the box is uncovered to allow access to an interior cavity of the box; and in the closed configuration, the top panels are folded to cover the top opening and the tape strip seals the top panels in the closed configuration (see Par. 0004-0010).
Claim(s) 12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sauer (US 8590774 B1).
Regarding claims 12 and 15, Sauer discloses a reusable shipping container comprising a box comprising a sidewall enclosure and a plurality of top panels (2145/2140, 2161, 2130, 2171) extending from the sidewall enclosure at a top end of the box, the plurality of top panels comprising a first top panel, a second top panel, a third top panel, and a fourth top panel, the fourth top panel (2145/2140) defining a height (see Fig. 21) that is greater than a height of the first, second, and third top panels; wherein the sealable box assembly is configurable in an open configuration and a closed configuration; in the open configuration, a top opening formed at the top end of the box is uncovered to allow access to an interior cavity of the box; and in the closed configuration, the top panels are folded to cover the top opening and a distal end of the fourth top panel overlies a distal end of the second top panel (see Figures 21-31).
Allowable Subject Matter
Claims 2-5, 8-11, and 13-14 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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, NATHAN J NEWHOUSE can be reached at (571)272-4544. 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.
/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
Prosecution Insights