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 .
Applicant’s election without traverse of Species I claims 1-12 in the reply filed on 12/15/2025 is acknowledged.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/15/2025.
Claim Rejections - 35 USC § 112
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 4-5 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.
Claim 4 recites the limitation “an extension extending from the hooking portion and detachably attached to a rear surface of the cover member is included” and claim 5 recites the limitation “an extension extending from the hooking portion, penetrates through the hooking groove, and is detachably attached to a rear surface of the cover member is included”. It is unclear how to interpret these limitations because the claim does not make it clear whether the extension is detachable or the hooking portion, as a whole, is detachable from the rear surface of the cover member.
Also in claim 5, it recites the limitation “an extension extending from the hooking portion”. It is unclear how to interpret this limitation because it is not clear from the claim if this is the same extension extending from the hooking portion, as recited in claim 4 or a different one, since claim 5 depends from claim 4.
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) 1-3, 7 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ludewig US 2021/0300640 A1.
PNG
media_image1.png
736
586
media_image1.png
Greyscale
With regards to claim 1, Ludewig discloses a package box assembly comprising: a first box 104 including a first plate portion and a first accommodation portion 110 formed through a first sidewall extending to a designated height along edges of the first plate portion; a second box 102 including a second plate portion 124 and a second accommodation portion formed through a second sidewall extending to a designated height along edges of the second plate portion, the second box configured to be at least partially accommodated in the first accommodation portion; a cover member 106 configured to cover a rear surface of the package box assembly based on the first box and the second box being combined; and a hooking structure 200/204/139 configured to fix the cover member to the second box, wherein the hooking structure includes: at least one hooking portion 200/204 formed on at least a part of the cover member; and at least one hooking groove 139 configured to accommodate the hooking portion at a corresponding position of the second box.
With regards to claim 2, Ludewig discloses one end of the cover member 106 is bendably fixed to a part of the sidewall of the first box 104, and an other end has the at least one hooking portion 200/204 formed therein.
With regards to claim 3, Ludewig discloses the at least one hooking groove 139 includes a hooking groove formed at a corresponding position on the second sidewall and configured to accommodate at least a part of the hooking portion 200/204.
With regards to claim 7, the second accommodation portion of Ludewig is capable of being configured to accommodate an electronic device.
Ludewig discloses the compartments are capable of holding small articles such as tobacco and gum packets. Prior art AMBIELLI US 2020/0086513 A1, recites in Para. 0054, that chewing gum has a similar size as an electronic device such as micro SD cards, ear buds and key fobs. Therefore, the second accommodation portion of Ludewig is capable of being configured to accommodate an electronic device.
With regards to claim 9, Ludewig discloses the first sidewall includes an inner wall extending along the edges of the first plate portion and an outer wall bent from the inner wall and facing at least a part of the inner wall. (shown above)
With regards to claim 10, Ludewig discloses the outer wall is extended with a wider gap from the inner wall as the outer wall is farther away from a bent point (at 154). (shown above)
With regards to claim 11, Ludewig discloses the at least one hooking portion includes: a first hooking portion 200/204 configured to be hooked into a first hooking groove 139 formed at a corresponding position of the second sidewall at one end of the cover member 106; and a second hooking portion 200/204 (on the opposite side) configured to be hooked into a second hooking groove 139 (on the opposite side) formed at a corresponding position of the second sidewall at an other end of the cover member.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4-5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludewig US 2021/0300640 A1 in view of JUNG et al. US 20210094725 A1, disclosed in Applicants IDS.
With regards to claim 4, Ludewig discloses an extension 208 extending from the hooking portion 204 and attached to a rear surface of the cover member is included but it does not specifically disclose it is detachably attached to the rear surface of the cover member.
However, JUNG (Fig. teaches that it was known in the art to have an extension 536b extending from a hooking portion 536 and detachably attached from a rear surface 531b of a cover member 531.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the hooking portion in Ludewig by having it detachably attached as taught by JUNG since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnrnan, 168 USPQ 177, 179.
With regards to claim 5, JUNG further teaches an extension 536b extending from the hooking portion 536, penetrates through the hooking groove 534, and is detachably attached to a rear surface 531b of the cover member 531 is included.
With regards to claim 12, Ludewig discloses the claimed invention (at least one hooking portion and a cover member with multiple folds) as stated above but it does not specifically disclose the at least one hooking portion comprises a laminated paper in which a part of the cover member comprising paper material.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to the at least one hooking portion comprises of a laminated paper in which a part of the cover member comprising paper material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludewig US 2021/0300640 A1 in view of Yoda US 20060289665 A1.
With regards to claim 6, Ludewig discloses the claimed invention (cover member and second box) as stated above but it does not specifically disclose at least a part of the cover member extends bendably from at least a part of the second sidewall of the second box.
However, Yoda (Fig. 8) teaches that it was known in the art to have a package box assembly 10a comprising a first box, second box and cover member and at least a part of the cover member 20 extends bendably from at least a part of the second sidewall of the second box 40. (Para. 0053)
Yoda discloses the packaging box assembly can be formed in various arrangements. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified package box assembly in Ludewig by having at least a part of the cover member extend bendably from at least a part of the second sidewall of the second box as taught by Yoda since doing so would provide an alternative arrangement of the packaging assembly.
With regards to claim 8, Ludewig discloses the claimed invention (cover member, first box and second box) as stated above but it does not specifically disclose at least one of the first box, the second box or the cover member comprise an environmentally friendly pulp material.
However, Yoda teaches that it was known in the art to have a packaging assembly have at least one of the first box, the second box or the cover member comprise an environmentally friendly pulp material. (Fig. 1 and Para. 0038)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one of the first box, the second box or the cover member in Ludewig by having it comprise of an environmentally friendly pulp material as taught by Yoda since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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, Orlando E. Avilés can be reached at (571) 270-5531. 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.
/JENINE SPICER/Examiner, Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736