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
The amendment filed on 02/24/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1-8 and 18-29 are pending.
Claim Rejections - 35 USC § 112(a)
The 35 U.S.C. 112(a) rejections of claim(s) 2-5 are withdrawn as a result of the amendment.
Claim Rejections - 35 USC § 112(b)
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 1-8 and 18-29 are 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 “approximately” in claims 1-2, 18-19, 22-23 and 28-29 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims not specifically mentioned are included due to their dependencies.
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) 1-8 and 18-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mairs et al. US 2,727,675, herein after referred to as Mairs.
Regarding claim 1 Mairs discloses a product packaging (Figs. 1-5), the product packaging comprising:
a plurality of walls including a base wall (10 bottom panel), a front wall (B end member on the front side, Figs. 1-2), a rear wall (B on rear side, Figs. 1-2), opposing sidewalls (13 and 14 side wall panels), a first upper wall (17 top cover panel), and a second upper wall (19 top cover panel adjacent to the first upper wall in a closed structural configuration (Figs.1-3);
a releasable locking system (37, 42, 46, 43 locking tabs and 54 slot) moveable between a disengaged state and an engaged state which locks and maintains the plurality of walls in the closed structural configuration (Figs. 1-2); and
a pull-tab member (100 and 101 on either side of notch 49, Fig. 10 modified from Figs. 1-2 see below) arranged on a peripheral edge (Fig. 10) of the first upper wall (17) and including an upper portion (100) and a lower portion (101), wherein the upper portion (100) of the pull-tab member is folded to project approximately orthogonally to the first upper wall (the pull tab member and the package is made from a paper product, as it is manufactured by a paper products company, and can be folded as shown throughout the figures. Thusly the upper portion of the pull tab member can be folded to project approximately orthogonally to the first upper wall) and is configured to disengage the releasable locking system when pulled upwardly, and wherein the plurality of walls are configured to transform from the closed structural configuration to an open structural configuration in response to the upper portion being pulled upwardly (Figs. 1-2 and Col. 3 lines 67-72).
PNG
media_image1.png
624
838
media_image1.png
Greyscale
Regarding claim 2 Mairs discloses the product packaging of claim 1 and further discloses wherein the upper portion (100) and the lower portion (101) are is configured to be approximately orthogonal to the lower portion (101, the upper portion is made from paper and 100 can be folded and when the user places a finger underneath to pull upwardly it will cause the upper portion 100 to bend/fold and thusly the upper portion and lower portion are configured to be approximately orthogonal to one another).
Regarding claim 3 Mairs discloses the product packaging of claim 2 and further discloses wherein in the closed structural configuration (Fig. 1), the upper portion projects outwardly between a seam between the first upper wall (17) and the second upper wall (19), and the lower portion (101) is arranged under the second upper wall (Fig. 1 and 10).
Regarding claim 4 Mairs discloses the product packaging of claim 3 and further discloses wherein, in response to the upper portion being pulled upwardly, the first upper wall and the second upper wall are configured to rotate concurrently to disengage the releasable locking system (Figs. 1-2 as the leading edge of both 17 and 19 are engaged pulling upwardly will pull both first and second upper walls upwardly).
Regarding claim 5 Mairs discloses the product packaging of claim 3 and further discloses wherein, in response to the upper portion being pulled upwardly, the lower portion applies an upwardly directed force on the second upper wall to initiate rotation of the second upper wall (101 is underneath 19 and will initiate rotation of the second upper wall).
Regarding claim 6 Mairs discloses the product packaging of claim 1 and further discloses wherein the releasable locking system comprises: a first left side panel closure tab (42) and a second left side panel closure tab (37) arranged on the first upper wall (17, Fig. 2), a first right side panel closure tab (46) and a second right side panel closure tab (43) arranged on the second upper wall (19) , and one or more closure slits (54) arranged in the front wall and the rear wall (Fig. 2).
Regarding claim 7 Mairs discloses the product packaging of claim 6 and further discloses wherein in the closed structural configuration (Fig. 1), the first left side panel closure tab (42) and the second left side panel closure tab (37) are received in the one or more closure slits to connect the first upper wall to the front wall and the rear wall (Figs. 1-2 and 4-5).
Regarding claim 8 Mairs discloses the product packaging of claim 6 and further discloses wherein in the closed structural configuration, the first right side panel closure tab (46) and the second right side panel closure tab (43) are received in the one or more closure slits (54) to connect the second upper wall to the front wall and the rear wall (Figs. 1-2 and 4-5).
Regarding claim 18 Mairs discloses a product packaging (Figs. 1-5) for a consumer product, the product packaging comprising:
a plurality of walls defining a cavity to receive the consumer product (interior of box), the plurality of walls including a base wall (10 bottom panel), a front wall (B end member on the front side, Figs. 1-2), a rear wall (B on rear side, Figs. 1-2), opposing sidewalls (13 and 14 side wall panels), a first upper wall (17 top cover panel), and a second upper wall (19 top cover panel adjacent to the first upper wall in a closed structural configuration (Figs.1-3);
a releasable locking system (37, 42, 46, 43 locking tabs and 54 slot) moveable between a disengaged state and an engaged state which locks and maintains the product packaging in a closed structural configuration (Figs. 1-2); and
a pull-tab member (100 and 101 on either side of notch 49), Fig. 10 modified from Figs. 1-2) arranged on a peripheral edge (Fig. 10) of the first upper wall (17) and including an upper portion (100) and a lower portion (101), wherein the upper portion (100) of the pull-tab member is folded to project approximately orthogonally to the first upper wall (the pull tab member and the package is made from a paper product, as it is manufactured by a paper products company, and can be folded as shown throughout the figures. Thusly the upper portion of the pull tab member can be folded to project approximately orthogonally to the first upper wall) and is configured to disengage the releasable locking system when pulled upwardly, and wherein the plurality of walls are configured to transform from the closed structural configuration to an open structural configuration in response to the upper portion being pulled upwardly (Figs. 1-2 and Col. 3 lines 67-72).
Regarding claim 19 Mairs discloses the product packaging of claim 18 and further discloses the upper portion (100) and the lower portion (101) are configured to be approximately orthogonal to one another (the upper portion is made from paper and 100 can be folded and when the user places a finger underneath to pull upwardly it will cause the upper portion 100 to bend/fold and thusly the upper portion and lower portion are configured to be approximately orthogonal to one another and,
the releasable locking system comprises:
a first left side panel closure tab (42) and a second left side panel closure tab (37) arranged on the first upper wall (17, Fig. 2), a first right side panel closure tab (46) and a second right side panel closure tab (43) arranged on the second upper wall (19) , and one or more closure slits (54) arranged in the front wall and the rear wall (Fig. 2).
Regarding claim 20 Mairs discloses the product packaging of claim 19 and further discloses wherein engagement of the upper portion (100) by a user causes: concurrent rotation of the first upper wall (17) and the second upper wall (19) to disengage the releasable locking system, and the lower pull-tab member (101) section to apply an upwardly directed force on the first upper wall to initiate rotation of the first upper wall (pulling upwardly on the upper portion which is attached to the lower portion both attached to the first upper wall will initiation rotation of the first upper wall).
Regarding claim 21 Mairs discloses the product packaging of claim 1 and further discloses wherein the peripheral edge of the first upper wall (17) includes a central point at a center position of the peripheral edge of the first upper wall (Figs. 1-2), and wherein the pull-tab member (100 and 101) is positioned at the central point of the peripheral edge of the first upper wall such that a portion of the pull-tab member extends to each side of the central point (the leading edge of 100 and 101 is at the central point of the first upper wall and extends on either side of the central point to the edge of the package).
Regarding claim 22 Mairs discloses the product packaging of claim 21 and further discloses wherein the upper portion (100) has a rectangular shape (as shown by the dot-dash line in Fig. 10 above).
Regarding claim 23 Mairs discloses the product packaging of claim 22 and further discloses wherein the lower portion (101) has a rectangular shape (as shown by the dot-dash line in Fig. 10 above).
Regarding claim 24 Mairs discloses the product packaging of claim 18 and further discloses wherein in the closed structural configuration (Fig. 1), the upper portion (100) projects outwardly between a seam between the first upper wall (17) and the second upper wall (19), and the lower portion (101) is arranged under the second upper wall (Figs. 1 and 10).
Regarding claim 25 Mairs discloses the product packaging of claim 24 and further discloses wherein, in response to the upper portion (100) being pulled upwardly, the first upper wall (17) and the second upper wall (19) are configured to rotate concurrently to disengage the releasable locking system (as the lower portion is below the second upper wall and upward force will be applied and both walls will start to rotate).
Regarding claim 26 Mairs discloses the product packaging of claim 24 and further discloses wherein in response to the upper portion being pulled upwardly, the lower portion (101) applies an upwardly directed force on the second upper wall (19) to initiate rotation of the second upper wall (the lower portion is below the second upper wall in the closed configuration and will be pulled upwardly when the upper portion is pulled upwardly as they are both attached to the first upper wall).
Regarding claim 27 Mairs discloses the product packaging of claim 18 and further discloses wherein the peripheral edge of the first upper wall (17) includes a central point at a center position of the peripheral edge of the first upper wall (Figs. 1-2), and wherein the pull-tab member (100 and 101) is positioned at the central point of the peripheral edge of the first upper wall such that a portion of the pull-tab member extends to each side of the central point (the leading edge of 100 and 101 is at the central point of the first upper wall and extends on either side of the central point to the edge of the package).
Regarding claim 28 Mairs discloses the product packaging of claim 27 and further discloses wherein the upper portion (100) has an rectangular shape (as shown by the dot-dash line in Fig. 10 above).
Regarding claim 29 Mairs discloses the product packaging of claim 28 and further discloses wherein the lower portion (101) has a rectangular shape (as shown by the dot-dash line in Fig. 10 above).
Response to Arguments
In response to applicant requested interview no new subject matter was presented to be discussed.
Applicant's arguments filed 02/24/2026 have been fully considered but they are not persuasive. Applicant states that the upper portion and lower portion are in the same plane with the upper wall, examiner disagrees. As shown in Fig. 4 the upper portion and lower portion are in the interlocking condition and the lower portion is pushed downwardly so as to not be in the same plane. Applicant further states that “the upper portion and the lower portion can interlock only when they are in the form as shown in Fig. 10, and the folding the flaps (pull tab member) ruins the ability to lock the flaps in an assembled position”, this is unclear. The upper portion 100 is the portion configured to be folded as it is a paper product as well as when a user places a finger underneath it to pull upwardly will bend/fold the upper portion thusly the upper portion 100 will protrude approximately orthogonally and the remaining flaps/pull tab members will remain engaged i.e. the lower portion 101 remaining under the projecting portion of the second wall 19. Thusly the remaining portion are engaged/interlocked. The arguments to claim 18 and dependent claims are based on the arguments to claim 1 and are addressed above. Examiner again suggests a continuation-in-part could be beneficial to more clearly describe the relationship of the pull-tab portions with each other and with the package.
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.
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, 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.
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.
/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
Prosecution Insights