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 5/22/2026, wherein claims 1, 10, 16 and 20 were amended. Claims 12-15 remain withdrawn from consideration.
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 5 and 16-20 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 5 is rendered indefinite by the limitation “three horizontally disposed score lines” since it is unclear if the three horizontally disposed score lines are part of the one or more score lines defined in claim 4 or different score lines. For examination purposes, Examiner interprets claim 5 to read “wherein the one or more score lines include three horizontally disposed score lines”, since there appear to be only three score lines.
Claim 16 is rendered indefinite by the limitation “a first pad”, in line 6, since it is unclear if the first pad is one of the plurality of planar packing pads defined in line 4 or a different pad. For examination purposes, Examiner interprets “a first pad” as “a first pad of the plurality of packaging pads”.
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, 11 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harris (US 9,346,309).
Regarding claim 1, Harris discloses a combination package (at 10 in Fig. 1) and display device (at 20 in Figs. 3-4) capable of holding an article comprising: a package (package 10, formed from panels 12/13) capable of enclosing an article (e.g. a flat sheet); and one or more planar packing pads (at 20 in Fig. 2) having a two-dimensional shape located within the package (as shown in Fig. 2) capable of providing protection for an article, the one or more planar packing pads comprising a first pad (at 20) having the two-dimensional shape while located in the package (as shown in Fig. 2), wherein, upon removal from the package, the first pad is capable of being transitioned from the planar two-dimensional shape to a three-dimensional shape (as shown in Fig. 4) capable of holding and displaying an article in an upright position outside of the package.
Regarding claim 11, the package of Harris is capable of enclosing a dual-pane insulated glass unit.
Regarding claim 16, Harris discloses a system (See Figs. 1-4) capable of packaging and displaying an article comprising: a package (at 10 in Fig. 1, formed from panels 12/13) capable of holding and enclosing an article; a plurality of planar packing pads (at 20 and 16) capable for insertion into the package for cushioning and preventing damage to the article during shipment thereof; a first pad (at 20) configured for insertion into the package, the first pad comprising having a two-dimensional planar shape while inserted within the package (as shown in Fig. 2), wherein the first pad comprises two pieces (at 30 and 42) separable from one another (as shown in Fig. 4), wherein upon removal of the first pad from the package, the two pieces are configured to be separated from each other, and wherein each of the pieces is capable of being transitioned from the planar two-dimensional shape (as shown in Fig. 2) to a three-dimensional shape (as shown in Fig. 4) capable of holding and displaying an article in an upright position outside of the package.
Allowable Subject Matter
Claims 2-4 and 6-10 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.
Claims 5 and 17-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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, 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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