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 Objections
Claim 14 is objected to because of the following informalities:
In line 2, “a first fold line” should be --a first fold line of the fold lines--, and
In line 3, “a second fold line” should be --a second fold line of the fold lines--.
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 7-15 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.
Claim 7 recites the limitation “the substrate includes one or more panels interconnected and separated by fold lines”. However, as the language “one or more panels” includes one panel, it is not clear how one panel can be interconnected and separated by fold lines.
For the purpose of examination, the substrate will be considered to include a plurality of panels interconnected and separated by fold lines.
Claims 8-15 are rejected as being dependent from, and failing to cure the deficiencies of, claim 7.
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 1-3, 6-15, 17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giummo (US 3,393,859 A).
Regarding claim 1, Giummo teaches a horticulture container, comprising:
a substrate (FIG. 2) that is integrally formed and that includes:
faces (32, 14, 33, 20, 12, 16, 34, 18, 35) interconnected and separated by creases (FIG. 2- vertically extending lines 22, 29), wherein the faces define a cavity of the horticulture container (FIG. 1-4);
a lip (FIG. 1, 3, 4-upper edge) formed by the faces and that defines an opening, wherein the cavity is enclosed by the faces and access to the cavity is only permitted through the opening (FIG. 1, 3, 4); and
one or more tabs (38) that are secured to at least one of the faces to maintain a shape of the horticulture container (column 2 line 23-column 5 line 16 and FIG. 1-4).
Regarding the container being a horticulture container, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations (Ex parte Masham, 2 USPQ2d 1647 (1987)) and while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function (In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997)). Further, it should be noted that claiming a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable (see MPEP 2112). While the claimed container is intended as a horticulture container, the prior art of Giummo satisfies the claimed structural limitations and the claimed intended use of the container does not impart any additional structure that would otherwise differentiate the claimed structure from the prior art structure of Giummo. Accordingly, the claimed horticulture container is sufficiently anticipated by Giummo.
Regarding claim 2, Giummo teaches the container of claim 1 above, wherein the one or more tabs are secured to one or more slots (36) defined by the substrate (FIG. 1-4).
Regarding claim 3, Giummo teaches the container of claim 2 above, wherein the one or more slots are formed in at least one of the faces (FIG. 1-4).
Regarding claim 6, Giummo teaches the container of claim 1 above, wherein the substrate is a corrugated paper material (column 2 lines 31-36-cardboard).
Regarding claim 7, Giummo teaches the container of claim 1 above, wherein the substrate includes panels interconnected and separated by fold lines (FIG. 2, horizontally extending lines 22).
Regarding claim 8, Giummo teaches the container of claim 7 above, wherein the panels are configured to be folded relative to each other along the fold lines and the faces are configured to be folded relative to each other along the creases to define and form the shape of the horticulture container (FIG. 1-4).
Regarding claim 9, Giummo teaches the container of claim 7 above, wherein the panels include a first panel (32/14/33), a second panel (34/18/35), and a center panel (20/12/16) located between, and connected to, the first panel and the second panel (FIG. 2).
Regarding claim 10, Giummo teaches the container of claim 9 above, wherein the first panel, the second panel or both include a slot (36) that is configured to receive the one or more tabs (FIG. 1-4).
Regarding claim 11, Giummo teaches the container of claim 9 above, wherein the one or more tabs are located on, or connected to, the center panel (FIG. 2).
Regarding claim 12, Giummo teaches the container of claim 11 above, wherein the one or more tabs, the first panel, and the second panel extend from the center panel, and the one or more tabs extend in a direction generally orthogonal to the first panel and the second panel (FIG. 2).
Regarding claim 13, Giummo teaches the container of claim 9 above, wherein the first panel and the second panel each include a first portion (32, 34), a second portion (33, 35), and center portion (14, 18) located between, and connected to, the first portion and the second portion (FIG. 2).
Regarding claim 14, Giummo teaches the container of claim 13 above, wherein the center portion of the first panel is connected to the center panel by a first fold line of the fold lines (FIG. 2, horizontally extending line 22 between 14 & 12) and the center portion of the second panel is connected to the center panel by a second fold line of the fold lines (FIG. 2, horizontally extending line 22 between 12 & 18).
Regarding claim 15, Giummo teaches the container of claim 14 above, wherein the first portion and the second portion of the first panel and the first portion and the second portion of the second panel are free of direct connection to the center panel (FIG. 2).
Regarding claim 17, Giummo teaches a method of forming a horticulture container, comprising:
obtaining a substrate (FIG. 2) formed from a paper material, wherein the substrate includes:
a first panel (32/14/33) that includes faces (32, 14, 33) interconnected by creases (FIG. 2- vertically extending lines 29),
a second panel (34/18/35) that includes faces (34, 18, 35) interconnected by creases (FIG. 2-vertically extending lines 29),
a center panel (20/12/16) located between, and connected to, the first panel and the second panel by a first fold line (22) and a second fold line (22), respectively,
one or more tabs (20/38, 16/38) connected to the center panel by one or more additional fold lines (FIG. 2-vertically extending lines 22),
one or more slots (36) formed in the first panel, the second panel, or both;
folding the first panel with respect to the center panel along the first fold line (FIG. 3);
folding the second panel with respect to the center panel along the second fold line (FIG. 3);
folding the one or more tabs with respect to the center panel along the one or more additional fold lines (FIG. 3); and
inserting the one or more tabs into the one or more slots (FIG. 3) (column 2 line 23-column 5 line 16 and FIG. 1-4).
Regarding claim 20, Giummo teaches the method of claim 17 above, wherein the first fold line and the second fold line extend generally perpendicular to the one or more additional fold lines (FIG. 2).
Claims 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koltz (US 4,470,540 A).
Regarding claim 17, Koltz teaches a method of forming a horticulture container, comprising:
obtaining a substrate (FIG. 2) formed from a paper material, wherein the substrate includes:
a first panel (23/19/20/21/22/24) that includes faces (23, 19, 20, 21, 22, 24) interconnected by creases (FIG. 2),
a second panel (15/16/17/18) that includes faces (15, 16, 17, 18) interconnected by creases (FIG. 2),
a center panel (28a/28b/25a/25b/25c/25d/26a/26b) located between, and connected to, the first panel and the second panel by a first fold line and a second fold line, respectively (FIG. 2),
one or more tabs (27, 29) connected to the center panel by one or more additional fold lines (FIG. 2),
one or more slots (32a, 32b, 33a, 33b) formed in the first panel, the second panel, or both;
folding the first panel with respect to the center panel along the first fold line (FIG. 1, 4-7);
folding the second panel with respect to the center panel along the second fold line (FIG. 1, 4-7);
folding the one or more tabs with respect to the center panel along the one or more additional fold lines (FIG. 1, 4-7); and
inserting the one or more tabs into the one or more slots (FIG. 1, 4-7) (column 2 line 13-column 4 line 7 and FIG. 1-8).
Regarding claim 19, Koltz teaches the method of claim 17 above, wherein the substrate further includes a center fold line (FIG. 2) that bisects the center panel and extends in a direction generally parallel to the first fold line and the second fold line, and wherein the method further comprises folding the center panel along the center fold line (column 2 line 13-column 4 line 7 and FIG. 1-8).
Regarding claim 20, Koltz teaches the method of claim 17 above, wherein the first fold line and the second fold line extend generally perpendicular to the one or more additional fold lines (FIG. 2).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Giummo, as applied to claim 2, in view of Richards (US 6,250,005 B1).
Regarding claim 4, Giummo teaches the container of claim 4 above, but fails to teach the one or more tabs being adhered to at least one of the faces. Richards teaches a cover comprising an analogous slot (24) and tab (23) configuration for securing the cover and further teaches that it is known and desirable in the prior art to further configure the tabs with an adhesive (25) configured for securing the tab to the cover for securely assembling the cover in a wrapped configuration (column 9 lines 1-15 and FIG. 7, 9).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Giummo by providing the one or more tabs with an adhesive for being adhered to at least one of the faces, as taught by Giummo, in order to securely assemble the container.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Giummo, as applied to claim 2 above, in view of Fry (US 2006/0091194 A1).
Regarding claim 5, Giummo teaches the container of claim 2 above, but fails to teach the substrate including a crush zone positioned adjacent to each of the one or more slots. Fry teaches an analogous container having a slot (88) for receiving a stacking tab (80) and further teaches that it is known and desirable in the prior art to provide a crushed area adjacent the slot in order to allow easier access of the stacking tab (paragraph 46).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Giummo by providing the substrate with a crush zone positioned adjacent to each of the one or more slots, as taught by Fry, in order to allow easier access of the one or more tabs.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Giummo, as applied to claim 1 above, in view of Jiang (CN 106275688 A).
Regarding claim 16, Giummo teaches the container of claim 1 above but fails to teach the creases intersecting to form a diamond pattern. Jiang teaches a container having faces interconnected and separated by creases and further teaches that it is known and desirable in the prior art to configure the creases to intersect to form a diamond pattern in order to improve handling comfort (Translation: Abstract, Invention Contents and Fig. 5, 6, 10).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Giummo by configuring the creases to intersect to form a diamond patter, as taught by Jiang, in order to improve handling comfort of the container.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Giummo or Koltz, as applied to claim 17 above, in view of Richards.
Regarding claim 18, Giummo and Koltz teach the method of claim 17 above, but fails to teach adhering the one or more tabs to the first panel, the second panel, or both. Richards teaches a cover comprising an analogous slot (24) and tab (23) configuration for securing the cover and further teaches that it is known and desirable in the prior art to configure the tabs with an adhesive (25) configured for securing the tab to the cover for securely assembling the cover in a wrapped configuration (column 9 lines 1-15 and FIG. 7, 9).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Giummo or Koltz by adhering the one or more tabs to the first panel, the second panel, or both, as taught by Giummo, in order to securely assemble the container.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Brandle (US 3,093,291 A), Wingate (US 2,982,464 A), Arneson (US 2,955,737 A) and Webb (US 690,498 A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST.
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NINA K ATTEL/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
