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 without traverse of Claims 1-28 in the reply filed on 06/11/2026 is acknowledged.
Claims 29-35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/11/2026.
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) 1-3, 5-6, 16-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeguchi et al. (JP 2023116795 A; hereinafter Takeguchi).
Regarding claims 1 and 16, Takeguchi discloses a paper container and blank for making comprising a bottom panel (121); a sidewall (122) extending at least upwardly from the bottom panel and extending at least partially around an interior of the container, the sidewall comprising at least an end panel (122a), a corner panel (122b), and a side panel (122a; see Fig. 2); and a flange (13; see Fig. 1) extending outwardly from the sidewall, the flange comprising at least an end flange portion foldably connected to the end panel, a side flange portion foldably connected to the side panel, and a corner flange portion foldably connected to the corner panel (22; see Figures 1-2), wherein an extension extends from each of the end flange portion and the side flange portion, and the corner flange portion is in an overlapping relationship with each of the extensions for reinforcing the flange (see Par. 0023-0024 and Figures 1-3).
Regarding claims 2, 5-6, 17, and 20, Takeguchi discloses a paper container and blank for making further comprising a reinforcing flap foldably connected to at least one of the end panel and the side panel (see Fig. 2; Examiner considers the reinforcing flap to be the triangular flaps foldably attached to either end of each side panel and end panel), the reinforcing flap being in an overlapping relationship with the corner panel.
Regarding claims 3 and 18, Takeguchi discloses a paper container and blank for making further comprising one or more retention features (5) extending in the corner panel.
Claim Rejections - 35 USC § 103
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 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) 4, 12-15, 19, and 26-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takeguchi in view of Muller et al. (US 4718596 A; hereinafter Muller).
Regarding claims 4, 12-13, 19, and 26, Takeguchi discloses the claimed invention except for a corner flange foldably connected along a curved fold line to the corner panel. Muller teaches a folding tray and blank for making wherein a corner flange portion (29/33) is foldably connected to a corner panel along a curved fold line (32) configured to resist folding of the corner flange portion from a horizontal position in the flange (see Col 3 lines 34-37 and Figures 1-3). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Takeguchi’s container to have the corner flange foldably attached along a curved fold line in order to prevent bulging at the corners, as taught by Muller.
Regarding claims 14-15 and 27-28, Takeguchi discloses the claimed invention except for attachment panels foldably attached to the corner panels. Muller teaches a fold tray and blank for making further comprising a first attachment panel and a second
attachment panel (13/16) each foldably connected to the corner panel (via respective folds 14 and 17), wherein the first attachment panel and the second attachment panel are in an overlapping relationship with the respective end panel and side panel (see Figures 1-3). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Takeguchi’s corner attachments to be foldably attached to the corner panels in order to ensure a tight seal at said corners, as taught by Muller.
Allowable Subject Matter
Claims 7-11 and 21-25 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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 J 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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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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