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 .
Application Status
This action is responsive to the claims filed 19 November 2025.
Claims 1-31 are currently pending and being examined.
Terminal Disclaimer
The terminal disclaimer filed on 19 November 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 12,138,885 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 line 17 recites “the engaging the at least one” should read “the engaging of the at least one”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7, 10-14, and 17-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curry (US 4,018,027) in view of L’Heureux (US 2018/0362234).
Curry teaches:
Claim 1: A method for processing at least one blank (54-fig.8) for forming a carrier (4-fig.2) for a plurality of containers (2-fig.1), the method comprising:
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obtaining at least one blank comprising a central panel (10-fig.2) having plurality of container openings (see fig.3 showing 20 in the container openings) and plurality of container retention tabs (24-fig.5) extending into respective container openings of the plurality of container openings (4:34-59);
loading the at least one blank into a blank infeed assembly (at least A, 56-annot. fig.8);
moving the at least one blank from the blank infeed assembly to a blank processing assembly (at least 46,44,50,42-fig.8), the blank processing assembly comprising a forming belt (42-fig.8) having a plurality of openings (see figs.9-10 showing belt 42 showing openings) extending at least partially therethrough (5:30-48); and
moving the at least one blank to a product engagement portion of the blank processing assembly (5:28-6:5);
engaging the at least one blank with a group of containers (5:63-6:22), the engaging of the at least one blank comprises aligning the plurality of openings of the forming belt with a respective container opening of the plurality of container openings of the at least one blank (5:28-6:22), pressing the at least one blank onto top portions of the group of containers (5:28-6:22), and receiving the top portions of the group of container through a respective opening of the plurality of openings of the forming belt (5:28-6:22).
Curry does not expressly teach each container retention tab of the plurality of container retention tabs is defined by respective lines of weakening in the central panel.
L’Heureux teaches each container retention tab (4910-fig.49) of the plurality of container retention tabs is defined by respective lines of weakening in the central panel (¶[0227]-[0228]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Curry, by having weakening lines on the container retention tabs, as taught by L’Heureux, “in order to assist in the reduction of deflection force that may help reduce the amount of force necessary to apply the carriers in the application process or aid in removal of the packages contained.” (L’Heureux ¶[0227])
Curry as modified by L’Heureux further teaches:
Claim 2: The method of claim 1, further comprising aligning a plurality of openings of the forming belt (Curry: 42-fig.8) with respective container openings of the at least one blank (Curry: 5:30-48).
Claim 7: The method of claim 5, further comprising rotating the at least one roller of the plurality of rollers to rotate the forming belt to align a plurality of openings of the forming belt with respective container openings of the at least one blank (Curry: at least 5:63-6:5).
Curry teaches:
Claims 10 and 17: A system for processing at least one blank (54-fig.8) for forming a carrier (4-fig.2) for a plurality of containers (2-fig.1), the at least one blank comprising a central panel (10-fig.2) having a plurality of container openings (see fig.3 showing 20 in the container openings) and a plurality of container retention tabs (24-fig.5) extending into respective container openings of the plurality of container openings (4:34-59), the system comprising:
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an upstream end (A-annot. fig.8), a downstream end (B-annot. fig.8), and a machine direction (MD-annot. fig.8) extending from the upstream end to the downstream end;
a blank infeed assembly (at least A, 56-annot. fig.8) for moving the at least one blank in the machine direction (5:28-44); and
a blank processing assembly (at least 46,44,50,42-fig.8), the blank processing assembly comprising a forming belt (42-fig.8) arranged in a closed path (see fig.8) and having a plurality of openings (see figs.9-10 showing belt 42 showing openings) extending at least partially therethrough for being aligned with a respective container opening of a plurality of containers openings of the at least one blank (5:30-48),
the blank processing assembly comprising a product engagement portion for being positioned above a group of containers for engaging the at least one blank with a group of containers (5:63-6:22), the engaging of the at least one blank comprises aligning the plurality of openings of the forming belt with a respective container opening of the plurality of container openings of the at least one blank (5:28-6:22), pressing the at least one blank onto top portions of the group of containers (5:28-6:22), and receiving the top portions of the group of container through a respective opening of the plurality of openings of the forming belt (5:28-6:22).
Curry does not expressly teach each container retention tab of the plurality of container retention tabs is defined by respective lines of weakening in the central panel.
L’Heureux teaches each container retention tab (4910-fig.49) of the plurality of container retention tabs is defined by respective lines of weakening in the central panel (¶[0227]-[0228]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Curry, by having weakening lines on the container retention tabs, as taught by L’Heureux, “in order to assist in the reduction of deflection force that may help reduce the amount of force necessary to apply the carriers in the application process or aid in removal of the packages contained.” (L’Heureux ¶[0227])
Curry as modified by L’Heureux further teaches:
Claims 3, 11 and 18: The system of claims 2, 10 and 17, wherein the forming belt (Curry: 42-fig.8) comprises a body arranged about a closed path, the forming belt defining the plurality of openings extending fully through the body (Curry: see figs.8-10 showing a plurality of openings extending fully through the body, clearly shown in fig.9).
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Claims 4, 12 and 19: The system of claim 2, 10, and 18, wherein the blank processing assembly is supported above a linear product path (Curry: C-annot. fig.8), the forming belt has a lower portion (Curry: D-annot. fig.8) facing the linear product path, and the lower portion of the forming belt is obliquely arranged relative to the linear product path (Curry: 5:45-62).
Claims 5, 13 and 20: The system of claims 2, 12, and 19, wherein the forming belt extends around a plurality of rollers (Curry: 44,70,50,46-fig.8) for facilitating rotation of the forming belt, at least one roller (Curry: 70-fig.8) of the plurality of rollers at least partially defines a recess for at least partially receiving a respective container of the plurality of containers (Curry: 5:63-6:5).
Claims 6, 14 and 21: The system of claim 5, 13, and 20, wherein the at least one roller (Curry: 70-fig.8) comprises at least one outer portion and at least one inner portion, the recess at least partially defined between the at least one outer portion and the at least one inner portion of the at least one roller (Curry: see fig.10 showing an outer portion of the wheel facing outwards and on the other side of the wheel would be an inner portion and the recesses are between the inner and outer portions).
Claim 22: The method of claim 1, wherein the engaging the at least one blank with a group of containers comprises folding the plurality of container retention tabs relative to the central panel and engaging the plurality of container retention tabs with a respective container of the group of containers (L’Heureux: ¶[0227]-[0228];figs. 51-53).
Claims 23, 26, and 29: The system of claim 1, 10, and 17, wherein the product engagement portion of the blank processing assembly comprises a backpressure assembly (Curry: 70-fig.10) for facilitating the engaging the at least one blank with the group of containers (Curry: 5:63-6:14).
Claims 24, 27, and 30: The system of claim 23, 26, and 29, wherein the backpressure assembly includes a backpressure guide (projections of 70-fig.10; Curry: 5:63-6:14), and the backpressure guide is for contacting the forming belt during the engagement of the at least one blank with the group of containers (Curry: 5:63-6:14).
Claims 25, 28, and 31: The system of claim 27, 27, and 30, wherein the backpressure guide is positioned for pressing against the central panel of the at least one blank during the engagement of the at least one blank with the group of containers (Curry: 5:63-6:14).
Claim(s) 8-9 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curry (US 4,018,027) in view of L’Heureux (US 2018/0362234), further in view of Schlueter (US 3,991,640).
Claims 8 and 15: Curry as modified by L’Heureux teaches the system of claims 7 and 13, further comprising the at least one blank (Curry: 54-fig.8).
Curry as modified by L’Heureux does not expressly teach at least one blank is a first blank and the system further comprises a second blank, and the system further comprises a nick breaking assembly for at least partially separating the first blank from the second blank.
However, Schlueter teaches at least one blank is a first blank and the system further comprises a second blank (see fig.3 showing individual blanks between cut line 30), and the system further comprises a nick breaking assembly (40,41-figs.5-7) for at least partially separating the first blank from the second blank (4:32-5:14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the system of Curry as modified by L’Heureux, by having a cutting assembly, as taught by Schlueter, to prepare the containers to be sold in six pack configuration in retail stores.
Claims 9 and 16: Curry as modified by L’Heureux and Schlueter teaches the system of claims 8 and 15, wherein the nick breaking assembly comprises a nick support (Schlueter: 45-fig.7) supporting at least one nick support to position the at least one cutting member (Schlueter: 50-fig.7) for separating the first blank from the second blank (Schlueter: 4:32-5:14).
Response to Arguments
Applicant's arguments filed 19 November 2025 have been fully considered but they are not persuasive.
Applicant’s arguments:
(1) “Curry fails to show or suggest any feature that can be construed as at least one blank having a central panel and a plurality of container openings and a plurality of container retention tabs defined by respective lines of weakening in the central panel, as recited in amended claim 1.” (Remarks p. 13)
(2) “Curry fails to show or suggest a forming belt having a plurality of openings and engaging a blank by aligning the plurality of openings of the forming belt with a respective container opening of the plurality of container openings of the at least one blank, pressing the at least one blank onto top portions of the group of containers, and receiving the top portions of the group of container through a respective opening of the plurality of openings of the forming belt.” (Remarks p. 14)
(3) “dependent claim 5 recites that the forming belt extends around a plurality of rollers for facilitating rotation of the forming belt, at least one roller of the plurality of rollers at least partially defines a recess, the engaging the at least one blank with the group of containers comprises receiving a respective container of the group of containers in the recess.” (Remarks p. 14)
Examiner’s Response:
(1) L’Heureux teaches the newly added claim limitation.
(2) As shown in figure 9, the forming belt 42 shows the belt located between elements 48, therefore there are openings in the forming belt, if there were not openings the belt would be flat across the top of 48. Therefore, Curry does teach the belt has a plurality of openings. Further evidenced by the descriptions stating, “[a] continuous web 54 consisting of an endless series of pre-cut carriers preferably shaped as shown in FIG. 2 and formed from a heat shrinkable plastic sheet material. It is fed about an idler pulley 56 and into the bite between the belt 42 and drum 46. As this pre-cut web 54 is brought into contact with drum 46 by belt 42, it is pressed about the heated elements 48 carried on the periphery of the drum. (Curry 5:37-44). The belt does allow for engagement with the containers, as evidenced by the description stating, “an application drum 70 that deflects the belt down past the tops of the array of cans passing along the conveyor.” (Curry 5:63-66). The belt is deflected past the cans, therefore has an opening so the belt can go past the top surface of the cans.
(3) See figure 10 showing 70 has recesses between protrusions, wherein the protrusions go between containers while the container is located within the recesses. (Curry 5:63-6:5).
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 KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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/KATIE L GERTH/Examiner, Art Unit 3731
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731