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 .
Claims 1, 9 and 15 are objected to because of the following informalities: In claim 1, lines 14-15, “onto first length panel portion” is ungrammatical. In line 19, an –and—should join the two final subparagraphs.
In claim 9, line 7, “are parallel” should be –is parallel”, as “a portion” is the modified noun.
In claim 15, line 2, “removably placement” is ungrammatical.
Appropriate correction is required.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 4 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. Each of the opposing length panels (208A, 208A) extends across a substantial entirety of a side of the unitary blank and each of the opposing width panels (238, 238) extends across a substantial entirety of a side of the unitary blank. However, considering Figure 3, the length panels (208A, 208A) extend laterally or horizontally, which is a width of the blank of Figure 3, and the width panels (238, 238) extend up and down, or vertically , which is a length of the blank of Figure 3. Accordingly either the specification of claim 4 is in error.
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention. In claim 1, lines 18-19, one support panel is not hingedly joined to both opposing ends of each length panel as recited.
In claim 5, line 1, a “popout holder” is defined that is indistinguishable from the previously defined “upright support” of claim 1. It is unclear how they differ. See also claim 6, line 1 and claim 7, line 1.
In claim 6, line 1, “a popout holder” is double recitation, as such has been defined in parent claim 5. Also, it is not seen a “popout holder” is formed on opposing sides (length or width panels) of the unitary blank. Nor is it seen that a respective popout holder.
In claim 7, line 1, the term “upright support” is indistinguishable from the previously defined “popout holder”.
In claim 15, line 2, “the container” does not refer to the “drink container” and accordingly lacks antecedent basis. See also claim 17, line 1.
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.
Claims 1-2, 4-9 and 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Haire et al. (5348,218) in view of Mazurek (2008/0223911).
Haire et al. disclose a unitary blank and food tray and drink carrier formed therefrom, the carrier configured to be selectively reconfigured between a collapsed configuration (see Figure 1) and two or more expanded configurations, including a food tray configuration (see column 3, lines 55-68) providing a flat space for holding food and a drink carrier configuration (see Figure 2) providing an upright support in place of the flat space suitable for securing and holding a drink container, the blank and carrier comprising a bottom panel (12), a pair of opposing length panels (each 14-14’-14’) hingedly joined along a bottom edge thereof to the bottom panel, where each length panel is formed by a first length panel portion (14) that is hingedly joined to the bottom panel, a pair of opposing width panels (16, 16) hingedly joined along a bottom edge thereof to the bottom panel, a respective support panel (14’) hingedly joined and corresponding to each opposing end of each of the length panels and a respective folding corner (at 56) hingedly joined to each opposing end of each width panel. Haire et al. do not disclose a length panel extension portion. However, Mazurek discloses a similar blank and carrier including an additional length panel extension portion (16a or 16b) hingedly joined to a first length panel portion (14a or 14b) at a top length joint (34a or 34b), each length panel extension portion has dimensions approximating the dimensions of the first length panel portion such that the length panel has a two-ply thickness when the length panel extension portion is folded about the top length joint onto the first length panel portion. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the unitary blank and carrier of Haire et al. with a two-ply thickness panel in the manner of Mazurek as claimed, as such a modification would predictably provide a strengthening of the carrier side walls.
As to claim 2, Mazurek further discloses a support panel (30) including an angled portion (free edge of 30) extending laterally outwards from the support panel proximate a top edge of the support panel and a support tab (28) disposed along a bottom of the support panel. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the unitary blank and carrier of Haire et al. with an alternative support panel in the manner of Mazurek as claimed, as such a modification would predictably provide a closed corner of the unitary blank and carrier in order to better seal the corner of the carrier.
As to claim 4, Haire et al. further disclose each of the opposing length panels extends across a substantial entirety of a side of the unitary blank and each of the opposing width panels extends across a substantial entirety of another perpendicular side of the unitary blank.
As to claims 5 and 12, Haire et al. further disclose a popout holder (29) formed as part of the unitary blank and defined between a pair of spaced apart contour edges (36), wherein each contoured edge extends continuously along a portion of the bottom panel and a portion of the length or width panels, wherein one end (at 48) of the popout holder is hingedly joined to the bottom panel and an opposing end (at 46) of the popout holder is hingedly joined to one of the length or width panels so that the popout holder can be moved with respect to the unitary blank while remaining attached to the unitary blank between an out position (see column 3, lines 55-68) that provides the food tray configuration providing the flat space for holding food and an in position (see Figure 2) that provides the drink carrier configuration providing the upright support in place of the flat space for holding a drink container.
As to claims 7 and 19, Haire et al. further disclose the contoured edges define a plurality of tabs (34) each movable between a contact position to contact a drink container and a non-contact position to not contact a drink container so that drink containers of different sizes may be held.
As to claim 8, Haire et al. further disclose each contoured edge includes a linear portion (40) and a non-linear portion (32) connected together at ends thereof to form a continuous linear and non-linear contoured edge.
As to claims 9, 13 and 18, Haire et al. further disclose a side surface formed by the linear portion (40) of the contoured edges and a top surface (38) formed by the non-linear portion of the contoured edges, wherein the side surface and top surface are hingedly joined together, wherein the popout holder (or upright support) (29) can be moved while remaining attached to the unitary blank between an out position (see column 3, lines 55-68), where a portion of the top surface and the side surface is parallel with the bottom panel and each surface forms a portion of the flat space, and in an in position (Figure 2) of the drink configuration providing the upright support (or popout holder) wherein the top surface is parallel with and spaced vertically above the bottom panel and defines a top of the upright support (or popout holder) and wherein the side surface is perpendicular to the bottom panel and defines a side of the upright support.
As to claim 14, Haire et al. further disclose when the popout holder (or upright support) is in the drink carrier configuration, a hand space (64, see column 4, lines 52-62) and integrated carrying handle is provided by the width panel, and in the food tray configuration, the popout holder (or upright support) forms part of the peripheral wall.
As to claim 15, Mazurek further disclose an insert (10) sized and configured for removable placement on the bottom panel to provide a two-ply bottom panel. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the carrier of Haire et al. with an insert in the manner of Mazurek as claimed, as such a modification would predictably provide a reinforced bottom panel.
As to claim 16, Mazurek further disclose adhering (G) the panels to one another to secure the unitary blank in its carrier form. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the carrier of Haire et al. with adhering glue in the manner of Mazurek as claimed, as such a modification would predictably provide a more rigid carrier joined by glue.
As to claim 17, Haire et al. disclose raining the panels (16, 16) will reconfigure the carrier from the collapsed configuration to a first expanded configuration.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 1 above, and further in view of Sheffer (6,116,498).
The previous art do not disclose cutbacks in a length panel extension portion. However, Sheffer disclose a similar blank (100) wherein a length of each length panel extension portion is reduced by a cutback (between 65 and 84) provided at opposing ends of the each length panel extension portion (65), wherein each cutback extends continuously from a free end of the length panel extension portion such that the length of the length panel extension portion is less than the first length panel portion and bottom panel. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the unitary blank of Haire et al. with an opposed pair of cutbacks in the manner of Sheffer as claimed, as such a modification would predictably provide a more easily foldable double wall arrangement.
As to claim 11, each cutback of Sheffer defines an angled connection portion.
Claims 3, 6 and 20 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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, Orlando Aviles-Bosques, can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG