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 with traverse of Group I (Claims 1-11 and 16-20) in the reply filed on 2/2/2026 is acknowledged. The traversal is on the ground(s) that the Restriction on the basis that the search for Group I would certainly encompass the search for Group II because both groups have several overlapping features such as a package configured to enclose an article and one or more planar packing pads wherein at least one of the pads is transitionable from a planar two-dimensional shape to a three-dimensional shape configured to hold and display the article. Due to this overlap, Applicant respectfully submits that there would not be any additional burden on the Examiner to examine the claims from both Group I and Group II. This is not found persuasive because restriction for examination purposes as indicated in the Restriction Requirement is proper because Groups I and II are independent or distinct and there would be a serious search and/or examination burden because the inventions require a different field of search due to searching B65D for the package and searching B31B for the method. Claims 12-15 are withdrawn from consideration.
The requirement is still deemed proper and is therefore made FINAL.
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 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yarman (US 2,490,186).
Regarding claim 1, Yarman discloses a combination package and display device (as shown in Fig. 1) for an article comprising: a package (at ‘d’ in Fig. 1) configured to enclose the article; and one or more planar packing pads (See Fig. 1 labeled below) located within the package for providing protection for the article, the one or more planar packing pads comprising a first pad (pad shown in Figs. 6-7) that is capable of being transitioned from a planar two-dimensional shape (as shown in Fig. 6) to a three-dimensional shape (as shown in Fig. 7 and Fig. 1) configured to hold and display the article in an upright position (as shown in Fig. 1).
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Regarding claim 11, the package of Yarman is capable of enclosing a dual-pane insulated glass unit.
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freiberg (US 2,684,153).
Regarding claim 1, Freiberg discloses a combination package and display device (as shown in Fig. 3) for an article comprising: a package (at 21 in Fig. 3) configured to enclose the article; and one or more planar packing pads (See Fig. 3 labeled below) located within the package for providing protection for the article, the one or more planar packing pads comprising a first pad (pad shown in Fig. 1) that is capable of being transitioned from a planar two-dimensional shape (as shown in Fig. 1) to a three-dimensional shape (as shown in Fig. 3 labeled below) configured to hold and display the article in an upright position (as shown in Fig. 3).
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Regarding claim 11, the package of Freiberg is capable of enclosing a dual-pane insulated glass unit.
Claims 1-5, 8-9, 11 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saiki et al (US 5,829,587).
Regarding claim 1, Saiki discloses a combination package and display device (as shown in Fig. 1) for an article comprising: a package (at 2 in Fig. 1) configured to enclose the article; and one or more planar packing pads (at 10 in Fig. 1) located within the package for providing protection for the article, the one or more planar packing pads comprising a first pad (at 10 in Fig. 1) that is capable of being transitioned from a planar two-dimensional shape (as shown in Fig. 2) to a three-dimensional shape (as shown in Fig. 1) configured to hold and display the article in an upright position (as shown in Fig. 1).
Regarding claim 2, Saiki discloses the first pad is configured to be separated along a vertically disposed centerline (at C in Figs. 1 and 2) to form two pieces (tray 10 in Fig. 1 can be separated at centerline C to form two pieces, one piece at the left of C and another piece at the right of C), wherein each of the two pieces is configured to be transitioned to the three-dimensional shape (as shown in Fig. 1) to form a pair of display stands.
Regarding claim 3, Saiki discloses the vertically disposed centerline (at C) includes a plurality of perforations (as shown in Fig.1 and described in column 4, lines 54-55) to facilitate separation of the first pad into the two pieces.
Regarding claim 4, Saiki discloses each of the two pieces include one or more score lines (at CR in Fig. 2) to facilitate the folding thereof to transition from the planar two-dimensional shape to the three-dimensional shape.
Regarding claim 5, Saiki discloses each of the two pieces include three horizontally disposed score lines (CR in Fig. 2) to enable the folding of each piece into the three-dimensional shape.
Regarding claim 8, Saiki discloses each of the two pieces includes a longitudinally disposed aperture (at 29), and wherein after folding to the transition to the three- dimensional shape, the aperture forms a holding aperture configured to hold the article in the upright position.
Regarding claim 9, Saiki discloses the two pieces are substantially identical and after the folding to form the display stands, the display stands are capable of being positioned in an aligned position with respect to each other to hold an article in the upright position.
Regarding claim 11, the package of Saiki is capable of enclosing a dual-pane insulated glass unit.
Regarding claim 16, Saiki discloses a system (shown in Fig. 1) for packaging and displaying an article comprising: a package (at 2 in Fig. 1) configured for holding and enclosing an article; a plurality of planar packing pads (pads separated by lines A-E in Figs. 1-2) configured for insertion into the package for cushioning and preventing damage to the article during shipment thereof; a first pad (pad formed by the two portions on either side of C in Figs. 1-2) configured for insertion into the package, the first pad comprising two pieces (first piece on the left side of C in Figs. 1-2 and the second piece on the right side of C in Figs. 1-2) separable from one another (at C), wherein each of the pieces is capable of being transitioned from a planar two-dimensional shape (as shown in Fig. 2) to a three-dimensional shape (as shown in Fig. 1) configured to hold and display the article in an upright position.
Regarding claim 17, Saiki discloses each of the two pieces include a longitudinally disposed aperture (at 29) extending parallel to a vertical edge of the first pad, a horizontally disposed aperture (at 41) extending perpendicular to the longitudinally disposed aperture, and a plurality of score lines (at CR), wherein the two pieces are configured to be folded along the plurality of score lines to form a pair of display stands having a holding aperture (between 29/29), the holding aperture being configured for the holding and displaying of the article.
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 6-7 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Saiki et al (US 5,829,587) as applied to claims 4 and 17 above, in view of Meuti (US 2022/0089312) and Saiki et al. (US 6,533,115). As described above, Saiki discloses the claimed invention except for the specifics of the horizontally disposed aperture. However, Meuti teaches a packaging comprising a packing pad (as shown in Figs. 1 and 7-8) that is capable of being transitioned from a planar two-dimensional shape (as shown in Fig. 1) to a three-dimensional shape (as shown in Fig. 7), wherein a horizontally disposed C-shaped aperture (at 28 in Fig. 1) is configured to receive a trapezoidal top portion (at 32) for the purpose of holding the packing pad in the three-dimensional shape. 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 two pieces of Saiki with a horizontally disposed aperture for insertion of the top portion (at 24 in Saiki) as taught by Meuti in order to allow for the two pieces to be conveniently transitioned multiple times. Regarding the shape, Saiki ‘115 teaches it is well known in the art for a portion (at 44 in Fig. 13) of a packing pad (at 50) to be triangular when in its three-dimensional shape. Furthermore, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Saiki et al (US 5,829,587) as applied to claims 1 and 16 above, and further in view of Wohlfahrt (US 4,440,297). As described above, Saiki discloses the claimed invention except for the second pad. However, Wohlfahrt teaches a packaging display device (See Figs. 1-3) comprising a package (at 1 in Fig. 3) for holding an article (6), wherein the package is provided with an additional pad (at 8) having a face having a dark surface portion and a light surface portion (as shown in Fig. 2), and wherein the pad and face is configured for placement behind the article during the display thereof, for the purpose of providing a pleasing representation of the offered product. 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 package display device of Saiki with an additional pad as taught by Wohlfahrt in order to provide a pleasing representation of the contents. Furthermore, if the device of Saiki-Wohlfahrt is fully capable of being used for assisting with evaluation of transmitted and reflected glass color.
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