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 § 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, 6, 7 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lenz (DE 4135468).
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Claim 1
Lenz discloses a packaging box comprising a first packaging unit (1) comprising a first accommodation space that is open at an upper portion, the first packaging unit comprising a coupling opening open in a lateral direction perpendicular to a longitudinal direction at least on one side of the longitudinal direction of the first accommodation space; and a second packaging unit (12) comprising a second accommodation space configured to accommodate the first packaging unit, the second packaging unit comprising a wing configured to allow at least a portion thereof to enter one lateral side of the coupling opening in an in-position state, in which the first package unit received in the second accommodation space is not moved longitudinally, the first packaging unit configured to move in the longitudinal direction with respect to the second packaging unit in response to the wing pivoting about a first pivot axis (defined by axis extending parallel to the longitudinal direction of the second packaging unit) parallel to the lateral direction (see figure above). When the wing and flaps are in closed position, the first packaging unit will not be able to move longitudinally, while the wing and the flaps are in open position, the first packaging unit will be able to move longitudinally along the second packaging unit.
Claim 2
Lenz further discloses the second packaging unit comprises a base portion (21); and a longitudinal side wall extending from the base portion and configured to have a predetermined height with respect to the base portion at one longitudinal side of the base portion, wherein the wing is configured to extend from one lateral end of the longitudinal side wall (see figure above).
Claim 6
Lenz further discloses the wing is configured to press one side surface in the longitudinal direction of the coupling opening in pivoting about the first pivot axis (see figure above). When the wing is closed, the wing is capable to press in a longitudinal direction of the coupling opening.
Claim 7
Lenz further discloses the wing is configured to press one side surface in a height direction of the coupling opening in pivoting about the first pivot axis (see figure above). When the wing is closed, the wing is capable to press in a height/top to bottom of the wing direction of the coupling opening.
Claim 14
Lenz further discloses at least one of the second packaging unit and the first packaging unit is made of a bendable sheet of an eco-friendly material/cardboard (see page 2 line 26 and page 3 line3).
Claim Rejections - 35 USC § 103
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lenz (DE 4135468) as applied to claim 1 above, and further in view of Herrin (5,499,484).
Lenz discloses the wing is part of a closure structure which in combination with flaps and other wing seals an end of the first packaging unit (12) by the uses of adhesive (see page 3 lines 5-8). Lenz does not disclose the wing in the in-position state comprises a first extension portion extending from the longitudinal side wall in the longitudinal direction; and a second extension portion extending in the lateral direction from one end of the first extension portion. However, Herrin discloses a container formed from a blank, the container comprising an end portion closed by wings (defined by combination of 58 and 59) combined with other panels (defined by 50 and 60) which when closing the container, the panels engage with each other and the wings are adhesively attached to the panels (see figure 3 and column 8 lines 24-42). Herrin discloses the wing comprises a first extension portion (58) extending from a longitudinal side wall (16) in the longitudinal direction; and a second extension portion (59) extending in the lateral direction from one end of the first extension portion (see figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenz replacing the closing structure for the closing structure disclosed by Herrin since simple substitution of one part for another is within the knowledge of an ordinary artisan in the art and because both types of closing structures would perform the function of closing an end of the container equally well.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lenz (DE 4135468) as applied to claim 1 above, and further in view of Huffer (US 2019/0023452).
Lenz further discloses the second packaging unit comprises an upper wall (defined by panel including window 14) configured to at least partially cover an upper portion of the first accommodation space when the first packaging unit is accommodated in the second accommodation space (see figures 1 and 3). Lenz does not disclose at least a portion of the upper wall is configured to pivot about a second pivot axis parallel to the lateral direction. However, Huffer discloses a container comprising a top panel (101) including a top film (109) that includes a window (117) that provides visual access to the interior of the container (see [0036]). Huffer discloses the top film is provided with a pull tab (113) including perforations which is used as tamper evidence of the container (see [0047] and [0048]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenz having the upper wall with a top film including a pull tab and perforations as taught by Huffer for tamper evidence of the container.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lenz (DE 4135468) as applied to claim 1 above, and further in view of Riepke (EP 2397414).
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Lenz is silent disclosing a length to which the wing extends is less than a longitudinal width of the coupling opening. However, Riepke discloses a packaging box formed from a piece of blank material (see figure 1) comprising coupling openings and wings in which a length of the wings is less than a longitudinal width of the coupling opening (see figure above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenz having the wing smaller in length than a width of the coupling opening as taught by Riepke to prevent blocking of the coupling opening by the wing when the second packaging unit is closed.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lenz (DE 4135468) as applied to claim 1 above.
Lenz further discloses when viewed from the upper portion the first accommodation space is at least partially covered by the second packaging unit before the pivoting about the first pivot axis of the wing begins. Lenz discloses a window (14) which exposes a portion of the first accommodation space (see figure above). Lenz does not explicitly disclose the specific percentage of the first accommodation space is exposed when in an opened state in which the pivoting about the first pivot axis of the wing is completed. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenz having the window with a size to expose at least 75% of the first accommodation space to have a better visual access to the products enclosed within the secondary package.
Allowable Subject Matter
Claims 4, 5, 8, 10 and 11 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 RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles 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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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736