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 .
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 2-6, 13-15, 22 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US 7,934,449).
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Claim 2
Anderson discloses another first tray (216) with a first brim and a base, the base including a first upper surface with first sidewalls extending along a vertical elevation of the first tray that is between the first upper surface and the first brim, the first brim radially extending from a first lower end of the base (see figure above); and configuring the first tray capable to be stack on a second tray that is identical to the first tray, the configuring including defining two or more first recesses in the first sidewalls and the first upper surface, a first inner surface (defined by surface on the interior of the tray) of the two or more first recesses being at least capable to be partially mate with a second outer surface of two or more second recesses of the second tray when stacked, the two or more first recesses being spaced equidistantly around a center-point of a top surface of the base (see figure above).
Claim 3
Anderson further discloses the establishing establishes such that the first
sidewalls are cylindrically shaped (see figure above).
Claim 4
Anderson further discloses the establishing establishes such that a dome extends
upwardly and away from the first upper surface, the dome being directly connected to the first upper surface, the first upper surface and the dome closing an upper end of the dome (see figure above).
Claim 5
Anderson further discloses the establishing establishes such that the dome is centrally positioned on the first upper surface, the dome having a horizontal cross-section that is
Circular (see figure 13).
Claim 6
Anderson further discloses the establishing establishes the dome to include an annular side surface, the annular side surface being inclined toward the center-point of the top
surface, the top surface being at a top of the dome (see figure above and figure 13).
Claim 13
Anderson further discloses the configuring configures such that two or more first petaloids (defined by the upward surface extending from the recesses as shown in the figure above) are defined between the two or more first recesses, the two or more first petaloids being defined by the first upper surface, the first sidewalls, and first side panels of each of the two or more first recesses (see figure above).
Claim 14
Anderson further discloses the configuring configures such that a second inner
surface of the two or more first petaloids is at least partially capable to mate with a second outer surface of two or more second petaloids of the second tray when the first tray is stacked on the second tray (see figure above).
Claim 15
Anderson further discloses the configuring configures such that the two or more first petaloids are spaced equidistantly around the center-point, and the side panels are on
either side of a back wall of each of the two or more first recesses (see figure above).
Claim 22
Anderson further discloses the establishing establishes such that the first upper surface is in a first horizontal plane, and the top surface is in a second horizontal plane, the first horizontal plane being parallel to the second horizontal plane (see figure above).
Claim 23
Anderson further discloses the establishing establishes such that upper major surfaces of the brim are in a third horizontal plane, the third horizontal plane being parallel to the first horizontal plane and the second horizontal plane (see figure above).
Allowable Subject Matter
Claims 18-21 are allowed. No prior art discloses a method comprising of a package formed by a first tray in combination with a lid of a tub including a consumer product disposed on top of the lid, wherein the first tray is connected to the lid and overlays the consumer product, and wherein one first portion of first sidewalls encompass ands hold second sidewalls of the consumer product, as required in claim 18. No prior art discloses a method comprising a first tray in combination with a lid of a tub including a consumer product disposed on top of the lid, wherein the first tray is connected to the lid and overlays the consumer product, and wherein an identical second package is stack on top of the first package, as required in claim 21.
Claims 7-12, 16 and 17 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 06/22/2026, with respect to the teachings of Anderson, have been fully considered but they are not persuasive. Regarding applicant’s argument of the teachings of Anderson, the examiner disagrees. Anderson, as shown in the figure above, discloses a tray comprising a brim and a base including an upper surface with sidewalls extending along a vertical elevation of the tray between the first upper surface and the brim, as claim 1 is amended, and wherein the tray includes a dome directly connected to the upper surface, as claim 4 is amended.
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 RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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