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 .
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.
Claims 1-3 and 5 are finally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ethridge (2,004,197). Ethridge discloses a method of using a box, the box (defined box structure) comprising a first side panel (one 12) defining a top side end, a bottom side end, a first side end and a second side end, a second side panel (other 12 connected to 18) a top side end, a bottom side end, a first side end and a second side end, a third side panel (13 between the two 12s) joining the second side end of the first side panel and the first side end of the second side panel and defining a first handle opening (19 therein), the third side panel defining a top side end, a bottom side end, a first side end and a second side end, a fourth side panel (other 13 with a free edge) extending from the second side panel and defining a second handle opening (19 therein), the fourth side panel defining a top side end, a bottom side end, a first side end and a second side end, a plurality of bottom flaps comprising a first bottom flap (one 17), a second bottom flap (other 17), a third bottom flap (one 16), and a fourth bottom flap (other 16), wherein the first bottom flap, the second bottom flap, the third bottom flap and the fourth bottom flap extend from the first side panel, the second side panel, the third side panel and the fourth side panel, respectively, a plurality of top flaps comprising a first top flap (one 14), a second top flap (other 14), a third top flap (one 15), and a fourth top flap (other 15), wherein the first top flap, the second top flap, the third top flap and the fourth top flap of the plurality of top flaps extend from the first side panel, the second side panel, the third side panel, and the fourth side panel, respectively, wherein the third top flap (one 15) defines a third handle opening (one 19 therein), the third handle opening being substantially aligned with the first handle opening in the third side panel when the third top flap is in a folded condition and the fourth top flap (other 15) defines a fourth handle opening (other 19 therein), the fourth handle opening substantially aligned with the second handle opening when the fourth top flap is in a folded condition (see Figures 2 and 5), and a connecting panel (18) extending from one of the first side panel, the second side panel, the third side panel and the fourth side panel, the connecting panel joining adjacent side panels of the first side panel, the second side panel, the third side panel and the fourth side panel, wherein the method comprises obtaining the box, extending one hand of a user’s two hands though each of the third handle opening and the fourth handle opening to grip and lift the box. Ethridge discloses the connecting panel (18), but not provided with a pair of tabs. However, Skolik et al. disclose a similar blank including a connecting panel (6) provided with a pair of tabs (15, 16) serving as dust flaps. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the blank connecting panel of Ethridge with tabs in the manner of Skolik et al. as claimed, as such a modification would predictably provide dust flaps to the connected condition of the blank as suggested by Skolik et al.. Skolik et al. do not disclose the pair of tabs each having an outside end sloped with respect to a bend line joining the tab to the connecting panel. However, this appears to be particular but not unobvious as a mere change in shape, as the shape does not serve any particular advantage over a non-sloped tab. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. See In re Dailey et al., 149 USPQ 47.
As to claim 2, Ethridge discloses that by the disposition of the first handle opening (19 therein) and the third handle opening (one 19 therein) in adjacency, and the disposition of the second handle opening (19 therein) and the fourth handle opening (other 19 therein) in adjacency in the box configuration, the user’s hands simultaneously grip the handle openings in the claimed method.
As to claim 3, Ethridge discloses, in the box configuration, a surface of the third side panel (13 between the two 12s) contacting with a surface of the third top flap (one 15), an outer surface of the third side panel contacting an outer surface of the third top flap or an inner surface of the third side panel contacting an inner surface of the third top flap, and a surface of the fourth side panel (other 13 with a free edge) contacting with a surface of the fourth top flap (other 15), an outer surface of the fourth side panel contacting an outer surface of the fourth top flap or an inner surface of the fourth side panel contacting an inner surface of the fourth top flap.
Claim 4 is finally rejected under 35 U.S.C. 103 as being unpatentable over the art employed against claim 1 above and further in view of Porter (909,664). Ethridge discloses handle openings, but not provided with handle flaps therewith. However, Porter discloses handle openings (defined by 7) provided with handle flaps (8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the box handle openings of Ethridge with handle flaps in the manner of Porter as claimed, as such a modification would predictably provide a reinforcing and more protective hand hold as suggested by Porter.
Applicant’s terminal disclaimer, filed March 31, 2026, with respect to claims 1-5 has been fully considered and overcomes the double patenting grounds of rejection. The double patenting rejection has been withdrawn.
Applicant's arguments and amendments filed March 31, 2026 have been fully considered but they are not entirely persuasive. Amended claim 1 renders the tab shape more particular, but it is not seen the shape in and of itself renders a patentable distinguishment to the claims. After considering the additional limitations of claim 5 in view of Skolik et al. and Ethridge, those grounds of rejection are reconsidered and dropped.
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.
Claim 5 is 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles-Bosques, can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG
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