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 § 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 1-2 and 6-11 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.
The claim 1 recitation of “a corresponding portion of a display surface of the base” is unclear, as it is unknown exactly which portion is intended to be designated as “corresponding” or how such a determination is to be made. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 2 and 6-11 are rejected as depending (directly or indirectly) from rejected independent claim 1.
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 1-2 and 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2010/0044421 to Learn (“Learn”).
Regarding claim 1, Learn anticipates a workbook display (e.g. carton blank 3, as shown in fig. 1 and discussed at para. 17) comprising: i) a base (e.g. front panel 10, first side panel 20, back panel 30 and second side panel 40, together, as shown in fig. 1 and discussed at para. 17) comprising a plurality of fold lines (e.g. first lateral fold line 21, second lateral fold line 31, third lateral fold line 41, first longitudinal fold line 62, second longitudinal fold line 64 and fourth lateral fold line 52 as shown in fig. 1 and discussed at para. 17 and 19); and ii) a plurality of tabs (e.g. first front end flap 12, second front end flap 14, first side end flap 22, second side end flap 24, first back end flap 32, second back end flap 34, first side end flap 42, second side end flap 44, and side flap 50, as shown in fig. 1 and discussed at para. 18) connected to (fig. 1) the base (10, 20, 30 and 40, together) and extending away from (fig. 1) the base (10, 20, 30 and 40, together), iii) wherein each of the base (10, 20, 30 and 40, together) and the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) comprises a data display surface (e.g. flat planar area; per para. 40, information may be printed on surfaces of the carton blank 3 as desired), iv) wherein the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) comprise: 1) a first plurality of tabs (e.g. first front end flap 12, first side end flap 22, first back end flap 32 and first side end flap 42) extending from (fig. 1) a first side length (e.g. upper edge, as shown in fig. 1) of the base (10, 20, 30 and 40, together); 2) a second plurality of tabs (second front end flap 14, second side end flap 24, second back end flap 34 and second side end flap 44) extending from (fig. 1) a second side length (e.g. lower edge, as shown in fig. 1) of the base (10, 20, 30 and 40, together); and 3) at least one tab (side flap 50) extending from (fig. 1) an end length (e.g. right edge, as shown in fig. 1) of the base (10, 20, 30 and 40, together), and v) wherein each tab (12, 14, 22, 24, 32, 34, 42, 44 or 50) of the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) extends from (fig. 1) the base (10, 20, 30 and 40, together) at a fold line (62, 64 and 52) between (fig. 1) the tab (12, 14, 22, 24, 32, 34, 42, 44 or 50) and the base (10, 20, 30 and 40, together) and is also separated from (fig. 1) an adjacent (fig. 1) tab (12, 14, 22, 24, 32, 34, 42, 44 or 50) of the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) by a cut line (e.g. cut peripheral edges of tabs 12, 14, 22, 24, 32, 34, 42, 44 and 50) extending from the fold line (62, 64 and 52), such that each tab (12, 14, 22, 24, 32, 34, 42, 44 or 50) of the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) is independently foldable with respect to (compare figs. 1-4) the base (10, 20, 30 and 40, together) without folding or movement of (see the configuration shown in fig. 1) an adjacent (fig. 1) tab (12, 14, 22, 24, 32, 34, 42, 44 or 50), and vi) wherein the base (10, 20, 30 and 40, together) is configured to support (figs. 1-4) the workbook (3) in a plurality of different use configurations (e.g. configurations shown in figs. 2-4), at least one (e.g. configuration shown in fig. 2) of the plurality of different use configurations (aforementioned configurations shown in figs. 2-4) defined by one or more (e.g. 14, 24, 34 and 44) of the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) have a data display surface thereof (aforementioned flat planar area) being concealed by (fig. 2; note that because surfaces of carton blank 3 are not transparent, front panel 10 and first side panel 20 at least minimally conceal second front end flap 14, second side end flap 24, second back end flap 34 and second side end flap 44 in the upright configuration shown in fig. 2) the base (10, 20, 30 and 40, together) and the tab (14, 24, 34 and 44) of the one or more of the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) being folded (fig. 2) along at least one (second longitudinal fold line 64) of the plurality of fold lines (21, 31, 41, 62, 64 and 52), and at least one (aforementioned configuration shown in fig. 2) of the plurality of different use configurations (aforementioned configurations shown in figs. 2-4) defined by at least one (50) of the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) covering (fig. 2; per para. 23, when blank 3 is formed into the carton 5 configuration, second side panel 40 overlies side flap 50) a corresponding portion (40) of a display surface (e.g. flat planar area; per para. 40, information may be printed on surfaces of the carton blank 3 as desired) of the base (10, 20, 30 and 40, together) and being folded (fig. 2) along the fold line (52) between (fig. 1) the respective tab (50) and the base (10, 20, 30 and 40, together).
Regarding claim 2, Learn anticipates the workbook display of claim 1 wherein the plurality of fold lines (21, 31, 41, 62, 64 and 52) comprises a first plurality of fold lines (21, 31 and 41) spaced apart from one another (fig. 1) and extending across a width (fig. 1; note that when the carton blank 3 is rotated 270 degrees, the fold lines 21, 31 and 41 will extend in a “width” direction; also note that para. 17 describes these lines a “lateral” fold lines) of the base (10, 20, 30 and 40, together) and a second plurality of fold lines (62 and 64) provided along (fig. 1) a first side length (aforementioned upper edge) and a second side length (aforementioned lower edge) of the base (10, 20, 30 and 40, together).
Regarding claim 6, Learn anticipates the workbook display of claim 2 wherein the first plurality of fold lines (21, 31 and 41) comprises at least three fold lines (fig. 1) spaced apart on (21, 31 and 41) the base (10, 20, 30 and 40, together).
Regarding claim 7, Learn anticipates the workbook display of claim 6 wherein the first plurality of fold lines (21, 31 and 41) spaced apart on (fig. 1) the base (10, 20, 30 and 40, together) divide (fig. 1) the base (10, 20, 30 and 40, together) into a plurality (compare figs. 1-2) of display surfaces (aforementioned flat planar areas).
Regarding claim 8, Learn anticipates the workbook display of claim 1 wherein the workbook display (3) is comprised of paper (para. 40), coated paper (para. 40), cardstock (para. 40; note that cardstock is considered a hard paper) or combinations thereof.
Regarding claim 9, Learn anticipates the workbook display of claim 1 wherein the data display surfaces (aforementioned flat planar areas) of each of the base (10, 20, 30 and 40, together) and the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) comprise text, images, and combinations thereof (as discussed supra, per para. 40, information may be printed on surfaces of the carton blank 3 as desired) and wherein each display surface (aforementioned flat planar area) of the plurality of display surfaces (aforementioned flat planar areas) comprises the same or different text, images or combinations thereof (as discussed supra, per para. 40, information may be printed on surfaces of the carton blank 3 as desired).
Regarding claim 10, Learn anticipates the workbook display of claim 1 wherein the workbook display (3) folds closed to a first position (see the configuration shown in fig. 1; note that such a “closed” position is possible; also note that the instant claim is drawn to a workbook display- not a method of operation of such) where each tab (12, 14, 22, 24, 32, 34, 42, 44 or 50) of the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) is concealed by the base (10, 20, 30 and 40, together) folded along at least one (see the configuration shown in fig. 1; note that such a “folded” position is possible; also note that the instant claim is drawn to a workbook display- not a method of operation of such) of the plurality of fold lines (21, 31, 41, 62, 64 and 52).
Regarding claim 11, Learn anticipates the workbook display of claim 10 wherein the workbook display (3) unfolds open to at least one second position (fig. 1) where each tab (12, 14, 22, 24, 32, 34, 42, 44 or 50) of the plurality of tabs (12, 14, 22, 24, 32, 34, 42, 44 and 50) is exposed (fig. 1) and the base (10, 20, 30 and 40, together) is exposed for viewing (fig. 1).
Response to Arguments
In view of Applicants’ amendments, a further search of the pertinent areas of prior art was executed. Within said search, the aforementioned Learn reference was identified. Accordingly, Applicants’ arguments have been considered, but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new grounds 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 JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
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