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 Species 4 (Figures 18-20) in the reply filed on 1/27/2026 is acknowledged. In the reply, Applicant indicated that claims 1-4, 6, 8-11, 18, 29-38 and 47-52 read on the elected species. Therefore, claims 5, 7, 12-17, 19-28 and 39-46 are withdrawn.
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.
Claims 1-4, 11, 18, 29-32, 37-38, 47-49 and 51-52 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parkes (US 2017/0008664).
Regarding claim 1, Parkes discloses a carton (shown in Figs. 2-3) for holding one or more products, the carton comprising: a base part (bottom portion of Fig. 2), the base part comprising a plurality of base panels (103/104/106/107) extending at least partially around an interior of the carton and an at least partially open top end (as shown in Fig. 3); a lid part (top portion of Fig. 2) extending over at least a portion of the at least partially open top end of the base part in a closed configuration (as shown in Fig. 2) of the carton; and locking features (at left-most element 112 and portion above panel 130 in Fig. 1) for cooperating to resist movement of at least a pivot portion of the lid part relative to the base part from the closed configuration (as described in [0017]-[0018]), the locking features being operable to be disengaged for allowing pivoting of the pivot portion relative to the base part from the closed configuration to an open configuration of the carton (as described in [0017]-[0018]).
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Regarding claim 2, Parkes discloses the base part comprises a bottom locking flap (left-most 112 in Fig. 1), and the lid part comprises a lid locking panel (panel in Fig. 1 in which elements 110 are located), wherein the locking features comprise the bottom locking flap and the lid locking panel, and the bottom locking flap and the lid locking panel engage one another in a locking configuration to resist pivoting of the pivot portion of the lid part relative to the base part in the closed configuration (as described in [0017]-[0018]).
Regarding claim 3, Parkes discloses the bottom locking flap is operable to be moved relative to the lid locking panel to disengage the bottom locking flap from the lid locking panel for allowing pivoting of the pivot portion relative to the base part (as described in [0017]-[0018]).
Regarding claim 4, Parkes discloses the lid part comprises a lid front panel (at 130 in Fig. 1), the lid locking panel is foldably connected to the lid front panel, and the lid front panel extends over the bottom locking flap when the bottom locking flap and the lid locking panel engage one another in the locking configuration.
Regarding claim 11, Parkes discloses the base part comprises a bias flap (right-most 112 in Fig. 1) extending from a base panel of the plurality of base panels, the bias flap is configured to press upwardly on the lid part to bias the lid locking panel toward engagement with the bottom locking flap when the carton is in the closed configuration (as described in [0017]-[0018]).
Regarding claim 18, Parkes discloses the lid part comprises a top panel (at 108 in Fig. 3) and the plurality of base panels of the base part comprises a back panel (at 103 in Fig. 3), and wherein the top panel is foldably connected to the back panel along a fold line (at 122 in Fig. 1, also shown in Fig. 3 between panels 108 and 103).
Regarding claim 29, Parkes discloses a blank (as shown in Fig. 1) for forming a carton (shown in Figs. 2-3) for holding one or more products, the blank comprising: a base portion (portion below line 122 in Fig. 1), the base portion comprising a plurality of base panels (103/104/106/107), wherein the base portion is for at least partially forming a base part having an at least partially open top end when the carton is formed from the blank (as shown in Fig. 3); a lid portion (portion below line 122 in Fig. 1) for at least partially forming a lid part extending over at least a portion of the at least partially open top end of the base part when the carton is formed from the blank in a closed configuration of the carton formed from the blank (as shown in Fig. 2); and locking features (left-most element 112 and portion above panel 130 in Fig. 1) for cooperating when the carton is formed from the blank to resist pivoting of at least a pivot portion of the lid part relative to the base part from the closed configuration of the carton formed from the blank, the locking features being operable to be disengaged for allowing pivoting of the pivot portion relative to the base part when the carton is formed from the blank (as described in [0017]-[0018]).
Regarding claim 30, Parkes discloses the base portion comprises a bottom locking flap (left-most 112 in Fig. 1), and the lid portion comprises a lid locking panel (panel above 130 in Fig. 1), wherein the locking features comprise the bottom locking flap and the lid locking panel, and the bottom locking flap and the lid locking panel are for engaging one another in a locking configuration to resist pivoting of the pivot portion of the lid part relative to the base part in the closed configuration of the carton formed from blank (as described in [0017]-[0018]).
Regarding claim 31, Parkes discloses the bottom locking flap is for being operable to be moved relative to the lid locking panel to disengage the bottom locking flap from the lid locking panel for allowing pivoting of the pivot portion relative to the base part when the carton is formed from the blank (as described in [0017]-[0018]).
Regarding claim 32, Parkes discloses the lid portion comprises a lid front panel (at 130 in Fig. 1), the lid locking panel is foldably connected to the lid front panel, and the lid front panel is for extending over the bottom locking flap when the bottom locking flap and the lid locking panel engage one another in the locking configuration of the carton formed from the blank.
Regarding claim 37, Parkes discloses a bias flap (right-most 112 in Fig. 1) extending from a base panel of the plurality of base panels, and wherein, when the carton is formed from the blank, the bias flap is configured for pressing upwardly on the lid part to bias the lid locking panel toward engagement with the bottom locking flap when the carton formed from the blank is in the closed configuration.
Regarding claim 38, Parkes discloses the lid portion comprises a top panel (at 108) and the plurality of base panels of the base portion comprises a back panel (at 103), and wherein the top panel is foldably connected to the back panel along a fold line (at 122).
Regarding claim 47, Parkes discloses a method of forming a carton (as shown in Figs. 2-3), the method comprising: obtaining a blank (as shown in Fig. 1), the blank comprising a base portion (portion of the blank below line 122 in Fig. 1), a lid portion (portion of the blank above 122 in Fig. 1), and locking features (at left-most element 112 and portion above panel 130 in Fig. 1) extending in the base portion and the lid portion, the base portion comprising a plurality of base panels; forming a base part of the carton by positioning the plurality of base panels to extend at least partially around an interior of the base part, wherein the base part comprises an at least partially open top end (as shown in Fig. 3); forming a lid part of the carton from at least the lid portion of the blank; and positioning the lid part to extend over at least a portion of the at least partially open top end of the base part in a closed configuration of the carton (as shown in Fig. 2); wherein the locking features are for cooperating to resist pivoting of at least a pivot portion of the lid part relative to the base part from the closed configuration, and the locking features are operable to be disengaged for allowing pivoting of the pivot portion relative to the base part from the closed configuration to an open configuration of the carton (as described in [0017]-[0018]).
Regarding claim 48, Parkes discloses the base portion comprises a bottom locking flap (left-most 112 in Fig. 1), and the lid portion comprises a lid locking panel (panel above 130 in Fig. 1), wherein the locking features comprise the bottom locking flap and the lid locking panel, and the bottom locking flap and the lid locking panel engage one another in a locking configuration to resist pivoting of the pivot portion of the lid part relative to the base part in the closed configuration, and wherein the bottom locking flap is operable to be moved relative to the lid locking panel to disengage the bottom locking flap from the lid locking panel for allowing pivoting of the pivot portion relative to the base part (as described in [0017]-[0018]).
Regarding claim 49, Parkes discloses the top portion comprises a lid front panel (at 130 in Fig .1), the lid locking panel is foldably connected to the lid front panel, and the lid front panel extends over the bottom locking flap when the bottom locking flap and the lid locking panel engage one another in the locking configuration.
Regarding claim 51, Parkes discloses the base portion comprises a bias flap (right-most 112 in Fig. 1) extending from a base panel of the plurality of base panels, wherein the positioning the lid part to extend over at least a portion of the at least partially open top end of the base part in the closed configuration of the carton comprises positioning the bias flap in contact with the lid part, and wherein the bias flap is configured to press upwardly on the lid part to bias the lid locking panel toward engagement with the bottom locking flap when the carton is in the closed configuration.
Regarding claim 52, Parkes discloses the lid portion comprises a top panel (at 108) and the plurality of base panels of the base portion comprises a back panel (at 103), wherein the top panel is foldably connected to the back panel along a fold line (at 122), and wherein the positioning the lid part to extend over at least a portion of the at least partially open top end of the base part in the closed configuration of the carton comprises folding the lid part relative to the base part along the fold line (as shown in Fig. 2).
Claims 1-4, 8-11, 18, 29-32, 34-38 and 47-52 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2011140318.
Regarding claim 1, JP2011140318 discloses a carton (shown in Fig. 6 labeled below) for holding one or more products, the carton comprising: a base part (bottom portion of Fig. 6), the base part comprising a plurality of base panels (See Fig. 6 labeled below) extending at least partially around an interior of the carton and an at least partially open top end (See Fig. 6 labeled below); a lid part (top portion of Fig. 6) extending over at least a portion of the at least partially open top end of the base part in a closed configuration (as shown in Fig. 8c) of the carton; and locking features (See Fig. 6 labeled below) for cooperating to resist movement of at least a pivot portion of the lid part relative to the base part from the closed configuration, the locking features being operable to be disengaged for allowing pivoting of the pivot portion relative to the base part from the closed configuration to an open configuration of the carton (See Figs. 8a-8f).
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Regarding claim 2, JP2011140318 discloses the base part comprises a bottom locking flap (at 62 in Fig. 6), and the lid part comprises a lid locking panel (at 44b in Fig. 6), wherein the locking features comprise the bottom locking flap and the lid locking panel, and the bottom locking flap and the lid locking panel engage one another in a locking configuration to resist pivoting of the pivot portion of the lid part relative to the base part in the closed configuration.
Regarding claim 3, JP2011140318 discloses the bottom locking flap is operable to be moved relative to the lid locking panel to disengage the bottom locking flap from the lid locking panel for allowing pivoting of the pivot portion relative to the base part.
Regarding claim 4, JP2011140318 discloses the lid part comprises a lid front panel (at 44a in Fig. 5), the lid locking panel is foldably connected to the lid front panel, and the lid front panel extends over the bottom locking flap when the bottom locking flap and the lid locking panel engage one another in the locking configuration.
Regarding claim 8, JP2011140318 discloses the lid locking panel comprises a proximal portion (at 44b in Fig. 6) foldably connected to the lid front panel and a distal portion (at 50 in Fig. 6) foldably connected to the proximal portion along a fold line, and the locking features comprise a slot (at 64) extending along the proximal portion and the distal portion of the lid locking panel and a locking tab (62b at the left side of 62 in Fig. 6) extending from the bottom locking flap, and wherein the locking tab is at least partially received in the slot when the bottom locking flap and the lid locking panel engage one another in the locking configuration (as shown in Fig. 8).
Regarding claim 9, JP2011140318 discloses the bottom locking flap comprises a first portion (at 22) foldably connected to a second portion (at 62), the first portion and the second portion being in an overlapping relationship, and wherein the locking tab (62b at the left side of 62 in Fig. 6) extends from the second portion.
Regarding claim 10, JP2011140318 discloses the base part comprises one or more bias flaps (62b at the right side of 62 in Fig. 6) foldably connected to one or more base panels of the plurality of base panels so that the one or more bias flaps press upwardly on the lid part to bias the lid locking panel toward engagement with the bottom locking flap.
Regarding claim 11, JP2011140318 discloses the base part comprises a bias flap (62b at the right side of 62 in Fig. 6) extending from a base panel of the plurality of base panels, the bias flap is configured to press upwardly on the lid part to bias the lid locking panel toward engagement with the bottom locking flap when the carton is in the closed configuration.
Regarding claim 18, JP2011140318 discloses the lid part comprises a top panel (at 42 in Fig. 6) and the plurality of base panels of the base part comprises a back panel, and wherein the top panel is foldably connected to the back panel along a fold line.
Regarding claim 29, JP2011140318 discloses a blank (as shown in Fig. 1) for forming a carton (shown in Fig. 6) for holding one or more products, the blank comprising: a base portion (bottom portion of Fig. 6 – See Fig. 6 labeled above), the base portion comprising a plurality of base panels (See Fig. 6 labeled above), wherein the base portion is for at least partially forming a base part having an at least partially open top end when the carton is formed from the blank (as shown in Fig. 6); a lid portion (See Fig. 6 labeled above) for at least partially forming a lid part extending over at least a portion of the at least partially open top end of the base part when the carton is formed from the blank in a closed configuration of the carton formed from the blank (as shown in Fig. 8); and locking features (See Fig. 6 labeled above) for cooperating when the carton is formed from the blank to resist pivoting of at least a pivot portion of the lid part relative to the base part from the closed configuration of the carton formed from the blank, the locking features being operable to be disengaged for allowing pivoting of the pivot portion relative to the base part when the carton
Regarding claim 30, JP2011140318 discloses the base portion comprises a bottom locking flap (at 62 in Fig. 6), and the lid portion comprises a lid locking panel (at 44b in Fig. 6), wherein the locking features comprise the bottom locking flap and the lid locking panel, and the bottom locking flap and the lid locking panel are for engaging one another in a locking configuration to resist pivoting of the pivot portion of the lid part relative to the base part in the closed configuration of the carton formed from blank (See Fig. 8).
Regarding claim 31, JP2011140318 discloses the bottom locking flap is for being operable to be moved relative to the lid locking panel to disengage the bottom locking flap from the lid locking panel for allowing pivoting of the pivot portion relative to the base part when the carton is formed from the blank (See Fig. 8).
Regarding claim 32, JP2011140318 discloses the lid portion comprises a lid front panel (at 44a in Fig. 5), the lid locking panel is foldably connected to the lid front panel, and the lid front panel is for extending over the bottom locking flap when the bottom locking flap and the lid locking panel engage one another in the locking configuration of the carton formed from the blank.
Regarding claim 34, JP2011140318 discloses the lid locking panel comprises a proximal portion (at 44b in Fig. 6) foldably connected to the lid front panel and a distal portion (at 50 in Fig. 6) foldably connected to the proximal portion along a fold line, and the locking features comprise a slot (at 64) extending along the proximal portion and the distal portion of the lid locking panel and a locking tab (62b at the left side of 62 in Fig. 6) extending from the bottom locking flap, and wherein the locking tab is arranged for being at least partially received in the slot when the bottom locking flap and the lid locking panel engage one another in the locking configuration of the carton formed from the blank (as shown in Fig. 8).
Regarding claim 35, JP2011140318 discloses the bottom locking flap comprises a first portion (at 22) foldably connected to a second portion (at 62), and wherein the locking tab (62b at the left side of 62 in Fig. 6) extends from the second portion and is separable from the first portion along a line of weakening.
Regarding claim 36, JP2011140318 discloses the base portion comprises one or more bias flaps (62b at the right side of 62 in Fig. 6) foldably connected to one or more base panels of the plurality of base panels, and wherein the one or more bias flaps is configured to press upwardly on the lid part to bias the lid locking panel toward engagement with the bottom locking flap when the carton is formed from the blank.
Regarding claim 37, JP2011140318 discloses a bias flap (62b at the right side of 62 in Fig. 6) extending from a base panel of the plurality of base panels, and wherein, when the carton is formed from the blank, the bias flap is configured for pressing upwardly on the lid part to bias the lid locking panel toward engagement with the bottom locking flap when the carton formed from the blank is in the closed configuration.
Regarding claim 38, JP2011140318 discloses the lid portion comprises a top panel (at 42 in Fig. 6) and the plurality of base panels of the base portion comprises a back panel, and wherein the top panel is foldably connected to the back panel along a fold line.
Regarding claim 47, JP2011140318 discloses a method of forming a carton (as shown in Fig. 6), the method comprising: obtaining a blank (as shown in Fig. 1), the blank comprising a base portion (bottom portion of Fig. 6 – See Fig. 6 labeled above), a lid portion (top portion of Fig. 6 – See Fig. 6 labeled above), and locking features (See Fig. 6 labeled above) extending in the base portion and the lid portion, the base portion comprising a plurality of base panels (See Fig. 6 labeled above); forming a base part of the carton by positioning the plurality of base panels to extend at least partially around an interior of the base part, wherein the base part comprises an at least partially open top end (as shown in Fig. 6); forming a lid part of the carton from at least the lid portion of the blank; and positioning the lid part to extend over at least a portion of the at least partially open top end of the base part in a closed configuration of the carton (as shown in Fig. 8); wherein the locking features are for cooperating to resist pivoting of at least a pivot portion of the lid part relative to the base part from the closed configuration, and the locking features are operable to be disengaged for allowing pivoting of the pivot portion relative to the base part from the closed configuration to an open configuration of the carton (as shown in Fig. 8).
Regarding claim 48, JP2011140318 discloses the base portion comprises a bottom locking flap (at 62 in Fig. 6), and the lid portion comprises a lid locking panel (at 44b in Fig. 6), wherein the locking features comprise the bottom locking flap and the lid locking panel, and the bottom locking flap and the lid locking panel engage one another in a locking configuration to resist pivoting of the pivot portion of the lid part relative to the base part in the closed configuration, and wherein the bottom locking flap is operable to be moved relative to the lid locking panel to disengage the bottom locking flap from the lid locking panel for allowing pivoting of the pivot portion relative to the base part.
Regarding claim 49, JP2011140318 discloses the top portion comprises a lid front panel (at 44a in Fig. 5), the lid locking panel is foldably connected to the lid front panel, and the lid front panel extends over the bottom locking flap when the bottom locking flap and the lid locking panel engage one another in the locking configuration.
Regarding claim 50, JP2011140318 discloses the lid locking panel comprises a proximal portion (at 44b in Fig. 6) foldably connected to the lid front panel and a distal portion (at 50 in Fig. 6) foldably connected to the proximal portion along a fold line, the forming the lid part comprises folding the proximal portion and the distal portion into overlapping relationship with one another and with the lid front panel, and the locking features comprise a slot (at 64) extending along the proximal portion and the distal portion of the lid locking panel and a locking tab (62b at the left side of 62 in Fig. 6) extending from the bottom locking flap, and wherein the locking tab is at least partially received in the slot when the bottom locking flap and the lid locking panel engage one another in the locking configuration (as shown in Fig. 8).
Regarding claim 51, JP2011140318 discloses the base portion comprises a bias flap (62b at the right side of 62 in Fig. 6) extending from a base panel of the plurality of base panels, wherein the positioning the lid part to extend over at least a portion of the at least partially open top end of the base part in the closed configuration of the carton comprises positioning the bias flap in contact with the lid part, and wherein the bias flap is configured to press upwardly on the lid part to bias the lid locking panel toward engagement with the bottom locking flap when the carton is in the closed configuration.
Regarding claim 52, JP2011140318 discloses the lid portion comprises a top panel (at 42 in Fig. 6) and the plurality of base panels of the base portion comprises a back panel, wherein the top panel is foldably connected to the back panel along a fold line, and wherein the positioning the lid part to extend over at least a portion of the at least partially open top end of the base part in the closed configuration of the carton comprises folding the lid part relative to the base part along the fold line.
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.
Claims 6 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Parkes (US 2017/0008664) as applied to claims 4 and 32 above, in view of Chambers et al. (US 10,479,581).
Regarding claims 6 and 33, Parkes discloses the claimed invention except for the tear out panel and access opening. However, Chambers teaches a container (at 700 in Figs. 7A-7F) comprising a locking feature including a locking flap (at 706) which engages a locking element (at 716 in Fig. 7e) to keep the container in its closed configuration, wherein the container includes a tear out panel (at 724) that is at least partially separable from a panel (at 712) for forming an access opening (at 740 in Fig. 7D) for being pressed inwardly via the access opening when the tear-out panel has been at least partially removed from the lid front panel for disengaging locking flap from the locking element (as described in column 11, lines 28-44 and column 12, lines 24-30). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the lid front panel of Parkes with a tear out panel forming an access opening as taught by Chambers in order to allow the user to more easily disengage the bottom locking flap from the lid locking panel.
Claims 6 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over JP2011140318 as applied to claims 4 and 32 above, in view of Chambers et al. (US 10,479,581).
Regarding claims 6 and 33, JP2011140318 discloses the claimed invention except for the tear out panel and access opening. However, Chambers teaches a container (at 700 in Figs. 7A-7F) comprising a locking feature including a locking flap (at 706) which engages a locking element (at 716 in Fig. 7e) to keep the container in its closed configuration, wherein the container includes a tear out panel (at 724) that is at least partially separable from a panel (at 712) for forming an access opening (at 740 in Fig. 7D) for being pressed inwardly via the access opening when the tear-out panel has been at least partially removed from the lid front panel for disengaging locking flap from the locking element (as described in column 11, lines 28-44 and column 12, lines 24-30). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the lid front panel of JP2011140318 with a tear out panel forming an access opening as taught by Chambers in order to allow the user to more easily disengage the bottom locking flap from the lid locking panel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735