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 with traverse of Species 1 in the reply filed on 6/17/2026 is acknowledged. The traversal is on the ground(s) that the restriction requirement does not address claim 23 and does not map the claims to the different Species. This is not found persuasive because the spout pathway of claim 23 is clearly directed to Species 2, and as such is not included in the examination of Species 1. Further, the restriction requirement is not required to map the individual claims to the distinct Species, and applicant is required to identify which claims are directed to the elected Species, as set out in the restriction requirement.
The requirement is still deemed proper and is therefore made FINAL.
Claims 17-20 and 23 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/17/2026.
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) 1-14 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piraneo (US 2011/0019943).
Piraneo discloses an article carrier comprising: a tubular body (56) formed in part from opposing front and rear panels and an end closure structure (78) comprising a pair of primary end closure panels (either side of fold line 32) and at least one pyramidal structure (82, see Figs. 12-14) associated with the primary end closure panels, wherein the at least one pyramidal structure comprises a plurality of hinged panels (individual triangular portions, see Fig. 12).
Piraneo further discloses the article carrier is collapsible into a flat collapsed form (Fig. 16) and is erectable from the flat collapsed form into an expanded a tubular form (Fig. 12), the end closure structure is configured to be automatically erectable to close an end of the tubular body when the article carrier is erected into the expanded tubular form (functional recitation); the at least one pyramidal structure comprises a pair of pyramidal structures at opposite ends of the pair of primary end closure panels (see Fig. 12); the at least one pyramidal structure is automatically erectable when the article carrier is erected into the expanded tubular form (functional recitation); the at least one pyramidal structure employs an over-center mechanism whereby maintains the end closure structure, in an expanded, closing position (see Fig. 12, 14); the plurality of hinged panels of the at least one pyramidal structure comprises a pair of inner corner panels disposed adjacent to each other (see Fig. 12); the plurality of hinged panels comprises a pair of outer corner panels disposed adjacent to each other (see Fig. 12, 13); a first one of the outer corner panels is hingedly connected to a second one of the outer corner panels by a hinged connection (see Fig. 12, 13); the hinged connection may be interrupted by a relief aperture (‘may be’ renders the limitation optional); a corner securing flap is hingedly connected to one of the inner corner panels and is secured in face contacting relationship with the other one of the inner corner panels (see Fig. 12, 13); the plurality of hinged panels of the at least one pyramidal structure is hingedly connected to each of the front and rear panels and to each of the pair of primary end closure panels (see Fig. 12, 13); each of the inner corner panels is hingedly connected to a respective one of the outer corner panels by a web panel (see Fig. 12, 13); each of the inner corner panels defines a common vertex with respective ones of the outer corner panels and web panels (see Fig. 12, 13); the vertex is interrupted by a relief aperture (gap @ joint 80).
Piraneo further discloses a blank for forming an article carrier, the blank comprising a plurality of panels for forming a tubular body including front and rear panels, a pair of end closure panels for forming an end closure structure, and plurality of hinged panels for forming at least one pyramidal structure associated with the end closure panels (see Figs. 1-9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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 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.
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/PETER N HELVEY/Primary Examiner, Art Unit 3734
September 2, 2026
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