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 .
Claim Rejections - 35 USC § 103
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(s) 1-2, 4-10, 14-15, 17-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perrin (US 3815801 A) in view of Nichiban (JP05072726) and Dubnick (3127078).
Perrin discloses:
1/14. A carton/blank for holding an article/for forming a carton (figs 1-15), the carton/blank comprising: a plurality of panels extending at least partially around an interior of the carton (adjacent 66, 65, 74-77 with inside), the plurality of panels comprising a front panel (adjacent 66), a back panel (adjacent 67), and at least one bottom panel (adjacent 65); a plurality of end flaps foldably connected to a respective panel of the plurality of panels (74, 75, 76, 77), the plurality of end flaps at least partially overlapped to form at least one closed end of the carton (as in fig 10, 11 for example); a dispenser comprising a dispenser opening at least partially defined along the plurality of panels for accessing the article in the interior of the carton (potion as shown in fig 4, 5, 10, 11, 13 such as where intended contents is presented across opening, such as adjacent “57” in fig 4); and an article separating member at least partially received for at least partially separating a selected portion of the article from a remainder thereof (adjacent 87 capable of performing the above intended use); with the exception of the following which is disclosed by Nichiban: separating member in the interior of the carton (adjacent 27 in figs 1-5). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Perrin in view of Nichiban (by moving the member internally or providing another member internally) in order to provide that the above element is contained internally in order to protect the element from potential damage of which will assist in unintentional loss or removal of the element.
With respect to Applicant’s new amendment to a first top panel, and a second top panel, wherein the first top panel is a first distance from the at least one bottom panel, the second top panel is a second distance from the at least one bottom panel and wherein the second distance is greater than the first distance, Perrin also discloses a a first top panel and a second top panel (adjacent “68” and “87” of Perrin), wherein the first top panel is a first distance from the at least one bottom panel and the second top panel is a second distance from the at least one bottom panel (with the distances shown in figs 1-15 in Perrin). With respect the second distance is greater than the first distance, Dubnick discloses similar technology (figs 1-7) and also discloses the above (such as with adjacent 21 and adjacent 20). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Dubnick (by providing different heights of the top panels) in order to modify the angle of the contents during exit in order to enhance the ability of the user to cut and remove the intended contents.
The Combined Reference discloses:
2/15. The carton/blank of claim 1, wherein the plurality of panels and the plurality of end flaps comprise paperboard (Perrin col. 1: 7-15).
3/16. The carton/blank of claim 2, wherein the article separating member comprises a body at least partially defining a cutting edge (Perrin Edge of 87 as shown in fig 7).
4/17. The carton/blank of claim 2, wherein the first top panel and the second top panel are foldably connected to the front panel (adjacent 68 such as with 87 where the edge protrude past in fig 7, 4 of Perrin; Perrin figs 1-15).
5/18. The carton/blank of claim 3, wherein the article separating member is attached to the second top panel such that the serrated edge protrudes past the second top panel (Perrin figs 1-15, Nichiban figs 1-5, where the edge protrude past in fig 7, 4 of Perrin).
6/19. The carton/blank of claim 3, wherein the article separating member is attached to an end flap of the plurality of end flaps such that the serrated edge protrudes past the end flap (Perrin figs 1-15, Nichiban figs 1-5, where the edge protrude past in fig 7, 4 of Perrin).
7/20. The carton/blank of claim 4, wherein the plurality of panels further comprises a handle panel foldably connected to the least at least one top panel of the two (Perrin adjacent 82).
8/21. The carton/blank of claim 7, wherein the handle panel comprises an upper portion and a lower portion, the lower portion separated from the front panel and the at least one top panel of the two to at least partially define the dispenser opening (Perrin such as area above 71 in fig 11 and area below 71 in fig 11 being lower, as shown in fig 11 the lower portion is separated from front 66 and top 68 as shown between fig 10, 11).
9/22. The carton/blank of claim 8, wherein the carton comprises package supporting features comprising a hanger opening at least partially defined in the upper portion of the handle panel (perrin opening in panel as in fig 10, 11).
10/23. The carton/blank of claim 1, wherein the carton further comprises article positioning features, the article positioning features comprising an article positioning flap foldably connected to the back panel and positioned extending into the interior of the carton for at least partially extending through an article (Adjacent 85, 86).
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Combined Reference as applied to claim 1 above, and further in view of Struble (US 3933288 A)
The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Struble: paperboard (). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify (by x) in order to y. Furthermore, though not required, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the material because it has been held that selection of a known material on the basis of its suitability for the intended use was an obvious extension of the prior teaching. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant's arguments with respect to the claims have been considered, but are moot because in view of the amendment the search has been updated, new prior art has been identified and a new rejection has been made.
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 ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
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