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 .
Election/Restrictions
Applicant's election with traverse of Claims 1-13 and 16-20 in the reply filed on 09/04/2026 is acknowledged. The traversal is on the ground(s) that the product as claimed is recited as being “die cut”; therefore, the method as claimed is drawn to a related process. This is found persuasive and the Restriction Requirement dated 07/08/2026 is hereby withdrawn.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1-4, 8-10, 12, 16-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US 11,136,161 B2).
Regarding claims 1-3, 9, 12, 16, 18, and 20, Liu discloses a packaging box and blank for making comprising a body comprising a plurality of fold lines defining a front panel (117), a rear panel (116), a first side panel (118), a second side panel (119), a bottom (122), and a top (5); the front panel and the rear panel being adhesively attached (see unlabeled glue flap; Fig. 1) via one of the first side panel and the second side panel, and the bottom; the top being openable and including a first top panel and a second top panel, the second top panel including a top attachment tab (see illustration below) that engages into a top attachment slit in the first top panel to releasably close the top.
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Regarding claims 4 and 8, Liu discloses a packaging box and blank for making wherein the bottom includes a first bottom panel (122), a second bottom panel (130), a first bottom corner (140), and a second bottom corner (142), each of the first bottom panel, the second bottom panel, the first bottom corner, and the second bottom corner being foldable along a common bottom fold line of the plurality of fold lines (see Fig. 1).
Regarding claims 10 and 17, Liu discloses a packaging box and blank for making wherein the top further includes a first top corner (foldably attached at top of 118) and a second top corner (foldably attached at top of 119), wherein each of the first top corner, the first top panel, the second top corner, and the second top panel are foldable along a common top fold line of the plurality of fold lines (see Fig. 1).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray (US 2017/0225838 A1) in view of Grajales et al. (US 9878818 B2; hereinafter Grajales).
Regarding claims 1-3, 9, 12-13, 16, 18, and 20, Murray discloses a foldable container and blank for making comprising a body comprising a plurality of fold lines defining a front panel (112), a rear panel (110), a first side panel (118), a second side panel (120), a bottom (130), and a top (136); the front panel and the rear panel being adhesively attached (via 180) via one of the first side panel and the second side panel, and the bottom; the top being openable and including a first top panel (136) and a second top panel (148). Murray lacks the claimed top closure construction.
Grajales teaches a tamper resistant box and blank for making made of corrugated cardboard comprising a first (164) and second top panel (122); wherein the second top panel includes a top attachment tab (130) that engages into a top attachment slit (107) in the first top panel to releasably close the top (see Figures 9-11). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to replace Murray’s top closure construction with that taught by Grajales in order to provide the container with a tamper resistance (Grajales; see Col 1 lines 20-35). Examiner further notes that it would have been obvious to make the box out of corrugated cardboard as a known substitution of materials in the art of folded blanks.
Regarding claim 4, Murray, as modified above, discloses a packaging box and blank for making wherein the bottom includes a first bottom panel (Murray; 130), a second bottom panel (Murray; 128), a first bottom corner (Murray; 156), and a second bottom corner (Murray; 158), each of the first bottom panel, the second bottom panel, the first bottom corner, and the second bottom corner being foldable along a common bottom fold line of the plurality of fold lines (Murray; see Fig. 4).
Regarding claims 5-7, 14-15, and 19, Murray, as modified above, discloses a packaging box and blank for making wherein the first bottom panel has a first bottom notch (Murray; 164) and a first bottom corner (Murray; 174) overlap foldable along a first corner fold line (Murray; 176); the second bottom panel has a second bottom notch (Murray; 166) and a second bottom corner overlap (Murray; 172) foldable along a second corner fold line (Murray; 176); wherein the bottom comprises an adhesive attachment between the second bottom corner overlap and the second bottom corner, and another adhesive attachment between the first bottom corner overlap and the first bottom corner (Murray; see Par. 0020).
Regarding claims 10-11 and 17, Murray, as modified above, discloses a packaging box and blank for making wherein the top further includes a first top corner (Grajeles; 138) and a second top corner (Grajeles; 152), wherein each of the first top corner, the first top panel, the second top corner, and the second top panel are foldable along a common top fold line of the plurality of fold lines (Grajeles; see Fig. 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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