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 .
Summary
This communication is a First Office Action Non-Final Rejection on the merits.
Claim(s) 20-23 and 36-49 is/are currently pending and considered below.
Election/Restrictions
Applicant's election with traverse of Group I, claims 20-21 and 36-49, in the reply filed on 17 December 2025, is acknowledged. The traversal is on the ground(s) that the amendments result in the claims providing unity of invention. This is not found persuasive because the common special technical features are still taught by prior art in view of Hayward to WO 2016/151310 A1 (a copy mailed previously).
Regarding the special technical features, Hayward discloses a system (1) for forming flaps in an open-topped, generally rectangular container (c) having four upstanding side walls (four side walls thereof), comprising:
a frame assembly (70/71/73/74a-c Fig. 6) arranged above a support surface for supporting the container (support surface below C, Fig. 6);
the frame assembly being movable vertically relative to the support surface (via 71/73, Fig. 7); and
four fold-forming assemblies supported by the frame assembly and
wherein each fold-forming assembly includes a fold-forming member (77c) positioned to engage a respective one of the side walls of the container to form a horizontal fold line in the side wall;
wherein the fold-forming members are positioned at a common vertical height relative to the support surface such that the horizontal fold lines formed in the side walls are located at a common elevation (Figs. 6-7).
Therefore, the requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim(s) 21 and 49 is/are objected to because of the following informalities:
Claim 21, line 1, “A system as set forth in claim 20,” should read
-- The system as set forth in claim 20, -- for proper referencing.
Claim 49, line 2, “and each scissor-arm assembly support” should read
-- and each scissor-arm assembly supports -- for proper grammar.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 20-21 and 36-49 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 20, limitation “wherein each fold-forming assembly is mounted to the frame assembly by a carriage permitting positional adjustment of the respective fold-forming member in a horizontal direction transverse the respective side wall.” presents new matter, since the subject application as originally filed fails to disclose the said limitation (both Drawings and Specification as originally filed fail to disclose the limitation).
Regarding claim 42, limitation “wherein each carriage is mounted to the frame assembly by at least one guide rail extending in the horizontal direction.” presents new matter, since the subject application as originally filed fails to disclose the said limitation (both Drawings and Specification as originally filed fail to disclose the limitation).
Regarding claim 43, limitation “wherein each carriage is positionable along the guide rail by a threaded adjustment member.” presents new matter, since the subject application as originally filed fails to disclose the said limitation (both Drawings and Specification as originally filed fail to disclose the limitation).
Regarding claim 43, limitation “wherein the threaded adjustment member comprises a lead screw operatively connected to the carriage.” presents new matter, since the subject application as originally filed fails to disclose the said limitation (both Drawings and Specification as originally filed fail to disclose the limitation).
All dependent claims of above-mentioned claims inherit all of the limitations of the above-mentioned claims, thus are likewise rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement.
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.
Claim(s) 41 is/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 pre-AIA the applicant regards as the invention.
Regarding claim 41, introduction of “with the gluing assembly preferably being mounted for movement with the sled” in line(s) 9-10 renders the claim indefinite because preferences lead to confusion over the intended scope of the claim, making it unclear whether the claimed narrower range is a limitation. See MPEP 2173.05(d) Exemplary Claim Language (“for example,” “such as”). For the purposes of examination, the limitation is interpreted as mere examples.
Examiner Remarks
Claim(s) 20-23 and 36-49 is/are currently free of art in view of the 112 rejection(s) above. Applicant is kindly reminded that upon amendment which renders a significant change in scope, prior art may be provided in a subsequent action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892 Notice of References Cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Himchan Song whose telephone number is (571)272-4142. The examiner can normally be reached M-Th 9:00 a.m. - 4:30 p.m.
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, Anna Kinsaul can be reached at (571) 270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIMCHAN SONG/Examiner, Art Unit 3731
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