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
Claims 30-37, withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/18/26.
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)(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) 1-3,9-19,21,23-29, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Exner (USPN 10,239,651).
With respect to claim 1, Exner shows a carton (5) for holding one or more articles, the carton (5) comprising: a plurality of panels (27,37) that extends at least partially around an interior of the carton (5); and at least a first lid (65) and a second lid (69), each of the first lid (65) and the second lid (69) being respectively foldably connected to one or more panels of the plurality of panels (27,37), at least one of the first lid (65) and the second lid (69) extending along at least a portion of a top end of the carton (5) when the top end of the carton (5) is closed; wherein the carton (5) is configurable between a first arrangement (open in fig. 3) and a second arrangement (closed in fig. 7), the top end of the carton (5) being wider in the first arrangement (open in fig. 3) than in the second arrangement (closed in fig. 7).
With respect to claim 2, Exner shows wherein, when the carton (5) is in the first arrangement (open in fig. 3), the first lid (65) and the second lid (69) both extend along at least a portion of the top end of the carton (5) to at least partially close the top end, and, when the carton (5) is in the second arrangement (closed in fig. 7), the first lid (65) extends at least downwardly (see 75 in fig. 7) from the top end and the second lid (69) extends along at least a portion of the top end of the carton (5) to at least partially close the top end.
With respect to claim 3, Exner shows wherein the plurality of panels (27,37) comprises at least a front panel (31) and an opposing back panel (25), the first lid (65) is foldably connected to the back panel (25), and the second lid (69) is foldably connected to the front panel (31), and wherein the first lid (65) overlaps the second lid (69) and extends from the back panel (25) to the front panel (31) to at least partially close (cover drawing shows partial closed) the top end of the carton (5) in the first arrangement (open in fig. 3).
With respect to claim 8, Exner shows wherein the plurality of panels (27,37) further comprises a side panel (37) extending from the front panel (31) to the back panel (25), one or more fold lines (96) extending in the side panel, and wherein the side panel is at least partially folded along the one or more fold lines when the carton (5) is in the second arrangement (closed in fig. 7).
With respect to claim 9, Exner shows wherein the plurality of panels (27,37) comprises a first side panel (27) and a second side panel (37), and wherein the first side panel and the second side panel comprise respective adjustment features (81,91) for facilitating moving the carton (5) between the first arrangement (open in fig. 3) and the second arrangement (closed in fig. 7).
With respect to claim 10, Exner shows wherein the plurality of panels (27,37) comprises a side panel (37) with adjustment features (81,91) extending in the side panel, and wherein the adjustment features (81,91) facilitate moving the side panel between different shapes in the first arrangement (open in fig. 3) and the second arrangement (closed in fig. 7).
With respect to claim 11, Exner shows wherein the adjustment features (81,91) comprise an intermediate fold line (92,94,96) extending in the side panel so that an upper portion of the side panel (27 or 37) is foldably connected to a lower portion of the side panel (27,37) along the intermediate fold line (92,94,96), and wherein the upper portion of the side panel is folded inwardly along the intermediate fold line when the carton (5) is in the second arrangement (closed in fig. 7).
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With respect to claim 12, Exner shows wherein a gusset panel (81) is defined in the side panel (27), and the gusset panel is foldably connected to the upper portion of the side panel along a gusset fold line (92,94,96) extending in the side panel, and wherein the gusset is folded with respect to the upper portion when the carton (5) is in the second arrangement (closed in fig. 7).
With respect to claim 13, Exner shows wherein the plurality of panels (27,37) further comprises a front panel (31) foldably connected to the side panel and a back panel (25) foldably connected to the side panel opposite to the front panel (31), wherein the side panel comprises a first gusset panel (81) and a second gusset panel (91), and each of the first gusset panel (81) and the second gusset panel (91) is foldably connected to the upper portion of the side panel, and wherein the first gusset panel (81) and the second gusset panel (91) are in an overlapping relationship with the respective front panel (31) and back panel (25) when the carton (5) is in the second arrangement (closed in fig. 7).
With respect to claim 14, Exner shows wherein the first gusset panel (81) and the second gusset panel (91) extend away from the respective front panel (31) and back panel (25) when the carton (5) is in the first arrangement (open in fig. 3).
With respect to claim 15, Exner shows wherein the adjustment features (81,91) comprise a fold line (94) extending from the top end of the carton (5), and wherein the side panel is folded along the fold line so that the fold line is moved inwardly toward the interior of the carton (5) when the carton (5) is moved from the first arrangement (open in fig. 3) to the second arrangement (closed in fig. 7).
With respect to claim 16, Exner shows wherein the plurality of panels (27,37) further comprises a front panel (31) foldably connected to the side panel (37) and a back panel (25) foldably connected to the side panel (27) opposite to the front panel (31), wherein the side panel comprises a first gusset panel (81) and a second gusset panel (91), and each of the first gusset panel (81) and the second gusset panel (91) is at least partially defined by a respective gusset fold line (92) extending in the side panel, and wherein the first gusset panel (81) and the second gusset panel (91) extend away from the respective front panel (31) and back panel (25) when the carton (5) is in the first arrangement (open in fig. 3), and the first gusset panel (81) and the second gusset panel (91) are in an overlapping relationship with the respective front panel (31) and back panel (25) when the carton (5) is in the second arrangement (closed in fig. 7).
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With respect to claim 17, Exner shows further comprising a top end flap (67 or 71) foldably connected to the side panel along the top end of the carton (5), wherein the adjustment features (81,91) further extend in the top end flap.
With respect to claim 18, Exner shows a blank (fig.1) for forming carton (5) for holding one or more articles, the blank comprising: a plurality of panels (27,37) for being arranged to extend at least partially around an interior of the carton (5) formed from the blank; and at least a first lid (65) and a second lid (69), each of the first lid (65) and the second lid (69) being respectively foldably connected to one or more panels of the plurality of panels (27,37), wherein at least one of the first lid (65) and the second lid (69) is for extending along at least a portion of a top end of the carton (5) when the carton (5) is formed from the blank and the top end of the carton (5) formed from the blank is closed (fig. 7); wherein the carton (5) formed from the blank is for being configurable between a first arrangement (open in fig. 3) and a second arrangement (closed in fig. 7), the top end of the carton (5) formed from the blank being wider in the first arrangement (open in fig. 3) than in the second arrangement (closed in fig. 7).
With respect to claim 19, Exner shows wherein the plurality of panels (27,37) comprises at least a front panel (31) and a back panel (25), the first lid (65) is foldably connected to the back panel (25), and the second lid (69) is foldably connected to the front panel (31), and wherein the first lid (65) is for overlapping the second lid (69) and for extending from the back panel (25) to the front panel (31) to at least partially close the top end of the carton (5) in the first arrangement (open in fig. 3) when the carton (5) is formed from the blank.
With respect to claim 21, Exner shows wherein the second lid (69) comprises a second lid (69) panel for extending from the front panel (31) to the back panel (25) when the carton (5) is formed from the blank (fig. 1) to at least partially close the top end of the carton (5) formed from the blank in the second arrangement (closed in fig. 7).
With respect to claim 23, Exner shows wherein the plurality of panels (27,37) further comprises a side panel (37) for extending from the front panel (31) to the back panel (25) when the carton (5) is formed from the blank, and one or more fold lines (92,94,96) extend in the side panel (37), and wherein the side panel is for being at least partially folded along the one or more fold lines (92,94,96) when the carton (5) formed from the blank is in the second arrangement (closed in fig. 7).
With respect to claim 24, Exner shows wherein the plurality of panels (27,37) comprises a first side panel (27) and a second side panel (37), and wherein the first side panel and the second side panel comprise respective adjustment features (81,91) for facilitating moving the carton (5) formed from the blank between the first arrangement (open in fig. 3) and the second arrangement (closed in fig. 7).
With respect to claim 25, Exner shows wherein the plurality of panels (27,37) comprises a side panel with adjustment features (81,91) extending in the side panel, and wherein the adjustment features (81,91) are for facilitating moving the side panel between different shapes in the first arrangement (open in fig. 3) and the second arrangement (closed in fig. 7) when the carton (5) is formed from the blank.
With respect to claim 26, Exner shows wherein the adjustment features (81,91) comprise an intermediate fold line (92,94,96) extending in the side panel so that an upper portion of the side panel is foldably connected to a lower portion of the side panel along the intermediate fold line (96,94), and wherein the upper portion of the side panel is for being folded inwardly along the intermediate fold line when the carton (5) formed from the blank is in the second arrangement (closed in fig. 7).
With respect to claim 27, Exner shows wherein a gusset panel (81) is defined in the side panel, and the gusset panel (81) is foldably connected to the upper portion of the side panel along a gusset fold line (92) extending in the side panel, and wherein the gusset is for being folded with respect to the upper portion when the carton (5) formed from the blank is in the second arrangement (closed in fig. 7).
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With respect to claim 28, Exner shows wherein the plurality of panels (27,37) further comprises a front panel (31) foldably connected to the side panel (27) and a back panel (25) foldably connected to the side panel (37) opposite to the front panel (31), wherein the side panel comprises a first gusset panel (81) and a second gusset panel (91), and each of the first gusset panel and the second gusset panel is at least partially defined by a respective gusset fold line (92,) extending in the side panel, and wherein the first gusset panel and the second gusset panel are foldably connected to the respective front panel (31) and back panel (25).
With respect to claim 29, Exner shows further comprising a top end flap foldably (71) connected to the side panel (37) along the top end of the carton (5), wherein the adjustment features (81,91) further extend in the top end flap (71).
Allowable Subject Matter
Claims 4-7,20,22, 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques 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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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736
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