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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Objections
Claim 35 objected to because of the following informalities: Applicant confirmed that claim 35 has a typo and should depend from claim 34. Appropriate correction is required.
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 1-44 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.
Regarding claims 1, 12, 23, 34, regarding the term “oblique,” applicant does not claim what the segment is oblique to. With this in mind, “oblique” is indefinite. For the purposes of examination, the term “oblique” is interpreted broadly in that it can be oblique to any geometry of the claimed device, but applicant should distinctly claim the part/geometry/structure of the device that the cut is oblique with respect to.
The claims not addressed above are rejected since they depend from a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-44 are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by L’Heureux et al. (US 2018/0362234).
Regarding claim 1, 12, 23, 34, L'Heureux discloses, fig. 44, a package having a plurality of containers 3430 reference fig. 34B, and a carrier formed from a blank for holding a plurality of containers, the carrier comprising:
a central panel formed from a blank not numbered (reference 3400 in fig. 34A and 34B or 4300 in Fig. 43) comprising a plurality of container retention openings (not numbered), for at least partially receiving a respective container 3430 of the plurality of containers, reference fig. 34B; and
a plurality of container retention tabs 4420 positioned extending into respective container retention openings of the plurality of container retention openings, the plurality of container retention tabs positioned engaging a respective container of the plurality of containers, reference fig. 34B or fig. 3B, respective adjacent container retention tabs of the plurality of container retention tabs at least partially separable from one another at a cut 4400 including an oblique segment intersecting a curved segment 4410, the separation between tabs can be seen in fig. 43. The cut is oblique to a line that extends through end vertices of each of the tabs 4420.
Further regarding claim 23, L'Heureux discloses, fig. 3B, positioning the central panel with the plurality of container retention openings arranged for at least partially receiving a respective container of the plurality of containers and such that the plurality of container retention tabs are positioned for engaging a respective container of the plurality of containers.
Regarding claims 2, 13, 24, and 35, L'Heureux discloses, referencing fig. 43, each of the tabs are deflected upwardly in a deflection region of a respective container retention tab at least partially between the oblique segment and the curved segment of the cut.
Regarding claims 3, 14, 25, and 36, L'Heureux discloses that the deflection region of each tab is at least partially separable from the central panel via the cuts for being positioned in nonplanar relation with the central panel, reference fig. 43.
Regarding claims 4, 15, 26, and 37, L'Heureux discloses that the respective container retention tab is foldably connected to the central panel at a fold line, seen as a chamfer in fig. 43.
Regarding claims 5, 16, 27, and 38, L'Heureux discloses, referencing fig. 43, that the cut does not extend to the line where the tab begins folding, see annotated fig. 43.
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Regarding claims 6, 17, 28, and 39, L'Heureux discloses, fig. 44, the cut is a first cut, and the respective container retention tab is at least partially separable from another adjacent container retention tab at a second cut, each tab separated by a cut having the same shape including an oblique segment intersecting a curved segment.
Regarding claims 7, 18, 29, and 40, L'Heureux discloses, reference fig. 43, that each of the tabs have their own deflection region where each of the tabs bend upwardly such that the second cut at least partially defines a second deflection region of the respective container retention tab where the tab is deflected out of the plane of the blank, the deflection regions at least partially between the oblique segment and the curved segment of the second cut, the second deflection region at least partially separable from the central panel for being positioned in nonplanar relation with the central panel.
Regarding claims 8, 19, 30, and 41, applicant discloses that a bisected tab can be referenced as distinct container retention tabs [0049]. With this in mind, adjacent tabs of L'Heureux are bisected by a cut 4400 (line of weakening) between adjacent tabs so as to form a first portion and a second portion of the respective container retention tab, fig. 44 (in other words, adjacent tabs separated by the cut line between two tabs as disclosed by applicant [0049].
Regarding claims 9, 10, 20, 21, 31, 32, 42, and 43, each retention tab had a deflection region at either side of the cuts at 4400, such that the linear cuts define a third deflection region along the first portion adjacent the line of weakening, and a fourth deflection region along the second portion adjacent the line of weakening, reference fig. 43 and 44 and each deflection region is at least partially separable (at least due to the curved portion of the cut) from the central panel for being positioned in nonplanar relation with the central panel, reference fig. 43 and 44.
Regarding claims 11, 22, 33, and 44, referencing fig. 34A and 24B, L'Heureux further discloses handle features, curved cut, not numbered, also seen in fig. 11 at 1160A and 1160B and fig 23 at 2360, for facilitating grasping of the carrier, the handle features comprising at least one handle opening at least partially defined in the central panel and at least one handle flap foldably connected to the central panel and positioned extending into the at least one handle opening, the opening formed when the flap created by the cutout is pushed inwardly by fingers or digits, [0137] [0204].
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Conclusion
Further regarding applicant’s claimed fold line, claims 5, 16, 27, and 38: figs. 47 and 50 of L'Heureux teaches a fold line similar to applicant’s fold line depicted at 133 in fig. 1A of the instant application. There are no figures or discussion of the claimed embodiment where a tab having the bisected curved cut also has a predefined fold line/ line of weakening. The tab that has the fold line has a curved cut at the end of a liner cut, not a bisected curved cut, fig. 1B of the instant application.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sutherland (US 5297673), fig. 2 shows tabs separated by cuts having an oblique section that bisects a curved section in addition to fold lines spaced from each cut and the tabs, not numbered in fig. 2 are bent in a deflection region, fig. 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLIE L IMPINK whose telephone number is (571)270-1705. The examiner can normally be reached Monday-Friday (7:30-3:30).
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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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MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799
/MOLLIE IMPINK/Primary Examiner, Art Unit 3799