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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "2", “5”, “25” and "26" have both been used to designate the same part in figure 1-3, 5 and 9-11. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "3” and “45" have both been used to designate the same part in figure . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-16 is objected to because of the following informalities:
-Claims 1-16 display reference numbers for example "packaging (2)" and "tabs (4)". It is recommended that the applicant removes the reference numbers.
-Claim 1 lines 3-4 “in which receiving space” should read “in said receiving space”
-Claim 1 lines 6-7 “when viewed over a width (15) of the flap (8)” should read “ over a width of the flap ”
Appropriate correction is required.
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.
Claim(s) 1-3, 8-12, 14 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Kuhn (US 5996804 A).
With respect to claim 1, Kuhn discloses an outer packaging capable of being sales packaging comprising hanging tabs, with an area holding product (100 not 56, 58) and a lid (56, 58), which serves to close off the area holding product, wherein a receiving space (82) is formed within the area holding product when the lid is closed, in which receiving space a plurality of sales packaging can be arranged (intended function), wherein a flap (52) attached to the area holding product comprises a plurality of receiving slots (51), which are spaced apart from one another when viewed over a width of the flap, and wherein at least a section of the flap (52) with the receiving slots (51) extends into the receiving space (82) in order to at least partially insert the hanging tabs of the sales packaging arranged in the receiving space into the receiving slots .
Examiner Note: Note, the parenthesis characters of the original claims have been replaced with parenthesis identifying features of the prior art. Addtionally, the receiving space “in order to at least partially insert the hanging tabs” is interpreted as intended function. This is consistent with the antecedent status of the claim. Line 1 discusses hanging tabs but does not introduce the feature as part of the outer packaging. Additionally, claims 10-11 introduce the feature.
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With respect to claim 2, Kuhn discloses the outer packaging according to claim 1, wherein a) the flap is folded onto the area holding product, and/or b) the area holding product and the flap attached to the area holding product are at least substantially configured as a material made of foldable cardboard, and/or c) the area holding product (100 not 56, 58), the flap (52) attached to the area holding product and the lid (56,58) are at least substantially formed from a multi-folded flat base body (20).
With respect to claim 3, Kuhn discloses the outer packaging according to claim 1, wherein the receiving slots (51) are at least substantially configured on a single folding section (52) of the flap (52).
With respect to claim 8, Kuhn discloses the outer packaging according to claim 1, wherein the receiving slots (51) extend over at least 30% of a length viewed transversely to a folding edge between the flap (52) and the area holding product (100).
With respect to claim 9, Kuhn discloses the outer packaging according to claim 1, wherein a thickness of the flap (52) is at least not greater than a slot width (width of 51) of the receiving slots (51).
With respect to claim 10, Kuhn discloses the outer packaging according to claim 1, wherein each receiving slot (51) serves to insert exactly one hanging tab of a unit of sales packaging. (capable of inserting one hanging tab)
With respect to claim 11, Kuhn discloses a configuration with at least one outer packaging according to claim 1, a plurality of units of sales packaging (102) with hanging tabs (106), wherein, in a packaged state, the units of sales packaging (102) are arranged next to one another within the outer packaging and the hanging tabs (102) of the sales packaging are inserted into the receiving slots (51) of the flap (52) attached to the area holding product.
With respect to claim 12, Kuhn discloses the configuration according to claim 11, wherein a) the receiving slots (51 as seen in figure 11) are configured higher than the hanging tabs (106) when viewed vertically along a height H of the area holding product (100) and/or b) the hanging tabs each have at least one through hole configured so that a hanger of a sales facility can be inserted through the through hole for hanging the sales packaging by the hanging tab in the sales facility.
With respect to claim 14, Kuhn discloses the outer packaging according to claim 8, wherein the receiving slots (51) extend over at least 50% of the length (as seen in figure 5 and 6, and is dependent upon height of stored object).
Claim(s) 1, 4-8, 11, 13-16 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Pusch (DE 102018208982 A1).
With respect to claim 1, Pusch discloses an outer packaging for sales packaging comprising hanging tabs, with an area holding product (10 not 16) and a lid (16), which serves to close off the area holding product, wherein a receiving space (interior of 10) is formed within the area holding product when the lid is closed, in which receiving space a plurality of sales packaging can be arranged, wherein a flap (44) attached to the area holding product comprises a plurality of receiving slots (46), which are spaced apart from one another when viewed over a width of the flap, and wherein at least a section of the flap (44) with the receiving slots extends into the receiving space (interior of 10) in order to at least partially insert the hanging tabs of the sales packaging arranged in the receiving space into the receiving slots .
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With respect to claim 4, Pusch discloses the outer packaging according to claim 1, wherein the receiving slots (46) are configured on a first folding section of
With respect to claim 5, Pusch discloses the outer packaging according to claim 4, wherein the receiving slots are arranged on the first folding section, the second folding section and on a third folding section (see figure 4 above) of the flap connecting the first folding section to the second folding section, and that the third folding section is located at a distance to the lid when the lid (16) is closed.
With respect to claim 6, Pusch discloses the outer packaging according to claim 5, wherein the third folding section (see figure 4) is arranged at least approximately parallel to an inner side (one of 24) of the lid (16) when the lid closed.
With respect to claim 7, Pusch discloses the outer packaging according to claim 1, wherein adjacent receiving slots (46) are spaced apart from one another along the width of the flap at approximately equal distances. the flap and a second folding section of the flap. (see figure 4 above)
With respect to claim 8, Pusch discloses the outer packaging according to claim 1, wherein the receiving slots (46) extend over at least 30% of a length viewed transversely to a folding edge between the flap (44) and the area holding product (100).
With respect to claim 11, Pusch discloses a configuration with at least one outer packaging according to claim 1, a plurality of units of sales packaging (12) with hanging tabs (54), wherein, in a packaged state, the units of sales packaging (12) are arranged next to one another within the outer packaging and the hanging tabs (54) of the sales packaging are inserted into the receiving slots (46) of the flap (44) attached to the area holding product.
With respect to claim 13, Pusch discloses the outer packaging according to claim 1, wherein the sales packaging is windshield wiper packaging. (abstract)
With respect to claim 14, Pusch discloses the outer packaging according to claim 8, wherein the receiving slots (46) extend over at least 50% of the length (as seen in figure 4).
With respect to claim 15, Pusch discloses the outer packaging according to claim 14, wherein the receiving slots (46) extend over at least 70% of the length (as seen in figure 4).
With respect to claim 16, Pusch discloses the configuration according to claim 11, wherein the sales packaging is windshield wiper packaging. (abstract)
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-4025039-A OR US-5996804-A OR US-D1104775-S OR US-D1073486-S OR US-11505364-B2 OR US-5871147-A OR US-5857612-A OR US-4160502-A OR US-4088262-A OR US-4054203-A OR US-10889405-B2 OR US-5485918-A OR US-7677389-B2 OR US-12428194-B2 OR US-3313407-A OR US-3302776-A OR US-3363824-A OR US-1930235-A OR US-20210394952-A1 OR US-20190382157-A1 OR US-20030029753-A1
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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/SYMREN K SANGHERA/Examiner, Art Unit 3735