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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 20, 2026 has been entered.
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.
Claim 7 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. In claim 7, line 2, “the third top panel” lacks antecedent basis. In line 4, “the fourth top panel” lacks antecedent basis.
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 are rejected under 35 U.S.C. 103 as being unpatentable over Ethridge (2,004,197) in view of Skolik et al. (8,770,468). 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 handle openings, but not each provided with a handle flap connected to each respective opening. However, Skolik et al. disclose a similar blank including handle openings (17 and 18) each provided with a respective handle flap (19 and 20) each defined by the bend line positioned between the respective handle opening and a distal end of the adjacent top flap, which would define in the combination the first handle opening with a first handle flap connected thereto by a first bend line, the second handle opening with a second handle flap connected thereto by a second bend line, the third handle opening with a third handle flap connected thereto by a third bend line, and the fourth handle opening with a fourth handle flap connected thereto by a fourth bend line. 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 handle openings of Ethridge with handle flaps in the manner of Skolik et al. as claimed, as such a modification would predictably provide better closing of the box to the ambient conditions to better protect the content.
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.
As to claim 4, in the combination, it would inherently happen in gripping use that the first handle flap (handle flap disposed in 13 between the two 12s) is folded with respect to a remaining portion of the third side panel (13 between the two 12s), the first handle flap formed from a portion of the third side panel defining the first handle opening (19 disposed in 13 between the two 12s) with the first bend line offset from a top end of the box and a cut edge positioned between the first bend line and a bottom end of the box, and the second handle flap (handle flap disposed in the other 13 with a free edge) is folded with respect to a remaining portion of the fourth side panel (the other 13 with a free edge), the second handle flap formed from a portion of the fourth side panel defining the second handle opening (19 disposed in the other 13 with a free edge) with the second bend line () offset from a top end of the box and a cut edge positioned between the first bend line and the bottom end of the box.
As to claim 6, Skolik et al. further disclose the blank including a connecting panel (6) provided with a pair of first and second tabs (16, 15, respectively) 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 5, in the combination, the method of use would require folding the first tab (16 of Skolik et al.) with respect to the connecting panel (18 of Ethridge), the first tab joined to the fourth bottom flap (16 of Ethridge), an outer surface of the first tab facing and joined to an inner surface of the fourth bottom flap, and folding the second tab (15 of Skolik et al.) with respect to the connecting panel, the second tab joined to the fourth bottom flap (16 of Ethridge), an outer surface of the second tab facing and joined to an inner surface of the fourth bottom flap.
As to claim 7, Ethridge disclose the third handle opening (19) positioned closer to the distal end of the third top flap (adjacent 15) than to a proximal end of the third top flap that is adjacent the third side panel (13 between the two 12s), and the fourth handle opening (19) positioned closer to the distal end of the fourth top flap (adjacent 15) than to a proximal end of the fourth top flap that is adjacent the fourth side panel (other 13).
Applicant's arguments and amendments filed August 20, 2026 have been fully considered but they are not entirely persuasive. The combination of Ethridge and Skolik et al. appear to meet the limitations of claims 1-7, as explained above.
Claim 8 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. Dependent claims 9 and 10 would also then be allowable.
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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