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 .
This office action is in response to the reply filed on 5/27/2026, wherein claims 1, 3, 8, 11, 29, 31, 34, 35, 37 and 47-51 were amended; claims 2, 9, 19-28, 30 and 39-46 were canceled; and claims 53-58 were added. Claims 5, 7 and 12-17 remain withdrawn from consideration.
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, 3-4, 8-11, 18, 29, 31-32, 34, 36-38 and 47-58 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 (Three of the base panels are labeled in Fig. 6 below, and the fourth base panel in the bottom panel that is opposite panel 42 when the lid is closed) 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), the base part comprises a bottom locking flap (at 22/62 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, the bottom locking flap comprises a proximal portion (at 22) foldably connected to a base panel (bottom panel that is opposite panel 42 when the lid is closed) of the plurality of base panels and a distal portion (at 62 in Fig. 6) foldably connected to the proximal portion, the proximal portion and the distal portion being in an overlapping relationship (as shown in Fig. 6), and a locking tab (at 62b) extends from the distal portion.
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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 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 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 is formed from the blank, the base portion comprises a bottom locking flap (at 22/62 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), the bottom locking flap comprises a proximal portion (at 22) foldably connected to a base panel (bottom panel that is opposite panel 42 when the lid is closed) of the plurality of base panels and a distal portion (at 62 in Fig. 6) foldably connected to the proximal portion, the proximal portion and the distal portion being in an overlapping relationship (as shown in Fig. 6), and a locking tab (at 62b) extends from the distal portion in the carton formed from the blank.
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 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 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), the base portion comprises a bottom locking flap (at 22/62 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, the bottom locking flap comprises a proximal portion (at 22) foldably connected to a base panel (bottom panel that is opposite panel 42 when the lid is closed) of the plurality of base panels and a distal portion (at 62 in Fig. 6) foldably connected to the proximal portion, the proximal portion and the distal portion being in an overlapping relationship (as shown in Fig. 6), and a locking tab (at 62b) extends from the distal portion.
Regarding claim 48, 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 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 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.
Regarding claim 53, 55 and 57, JP2011140318 discloses the distal portion is foldably connected to proximal portion at a fold line and the locking tab interrupts the fold line.
Regarding claim 54, 56 and 58, JP2011140318 discloses the locking tab is centered in the bottom locking flap in a lateral direction.
Allowable Subject Matter
Claims 6, 33 and 35 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.
Response to Arguments
Applicant's arguments filed 5/27/2026 have been fully considered but they are not persuasive.
Applicant argues that on page 9 of the Office Action, the flap 62 and protrusion 62b of the flap 62 of Oda were characterized as the locking tab extending from the bottom locking flap of claims. Further, the front wall 22 was characterized as the first portion of the claimed bottom locking flap and the flap 62 was characterized as the second portion of the claimed bottom locking flap. However, amended claim 1 recites that the bottom locking flap comprises a proximal portion foldably connected to a base panel of the plurality of base panels and a distal portion foldably connected to the proximal portion, the proximal portion and the distal portion being in an overlapping relationship, and a locking tab extends from the distal portion. In contrast, Oda discloses that the flap 62 is foldably connected to the front wall 22 at a fold line 62a and fails to show or suggest any such features that can be construed as a proximal portion foldably connected to a base panel and a distal portion foldably connected to the proximal portion. Further, Oda fails to show or suggest any feature that can be construed as a locking tab that extends from the distal portion, as recited in amended claim 1.
Regarding Applicant’s argument, as described in the rejection above, Oda discloses a carton (shown in Fig. 6 labeled above), the carton comprising: a base part (bottom portion of Fig. 6), the base part comprising a plurality of base panels (Three of the base panels are labeled in Fig. 6 above, and the fourth base panel in the bottom panel that is opposite panel 42 when the lid is closed) extending at least partially around an interior of the carton, the base part comprises a bottom locking flap (at 22/62 in Fig. 6) which comprises a proximal portion (at 22) foldably connected to a base panel (bottom panel that is opposite panel 42 when the lid is closed) of the plurality of base panels and a distal portion (at 62 in Fig. 6) foldably connected to the proximal portion, the proximal portion and the distal portion being in an overlapping relationship (as shown in Fig. 6), and a locking tab (at 62b) extends from the distal portion. Since the claims do not define the specific number of base panels or the specific location of the base panels relative to a bottom surface of the carton, the bottom-facing wall of Oda can be considered one of the base panels and the panel 22 can be considered part of the bottom locking flap, as described in the claims.
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
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