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 .
Response to Amendment
This office action is in response to the reply filed on 6/22/2026, wherein claims 1-16 were amended, claim 4 was canceled, claim 17 is new. Claims 1-3, 5-17 are pending.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 states . Claims 2-17 directly or indirectly depend from claim 1 and are also rejected.
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 1-3 and 5-17 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.
The phrase “wherein a flap is attached to the area holding product and comprises” in claim 1 renders the claim indefinite. There is no attachment of a flap to the area holding. The flap is folded and placed in a position within the area holding product. How is this an attachment? How can a physical product be attached to an area (vacancy of space)? Claims 2-3 and 5-17 directly or indirectly depend on claim 1 and are also rejected.
The phrase “wherein the receiving slots are at least substantially configured on a single folding section of the flap” in claim 3 renders the claim indefinite. What is this limitation stating? This appears to contradict the language of claim 1, which positively claims that the receiving slots are on both a first and second folding section. Firstly, the folding sections are already positively recited, so does this improperly exclude the first and second folding section? Secondly, is this trying to claim that the slots are exclusively on a single folding section? If so, that would contradict claim 1. Overall, it is unclear the limitation being placed, as most interpretations contradict claim 1.
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, 5-6, and 9 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Chen (US 20210139189 A1).
With respect to claim 1, Chen discloses an outer packaging (1100) for sales packaging comprising hanging tabs, with an area holding product (interior of 1100) and a lid (1090), which serves to close off the area holding product, wherein a receiving space is formed within the area holding product when the lid is closed, in the receiving space a plurality of sales packaging can be arranged, wherein a flap (1052b) is attached to the area holding product, and comprises a plurality of receiving slots (openings in 1052b) that are spaced apart from one another over a width of the flap (1052b), and wherein at least a section (section of 1052b) of the flap with the receiving slots extends into the receiving space (as seen in figure 17) in order to at least partially insert the hanging tabs of the sales packaging arranged in the receiving space into the receiving slots wherein the receiving slots are configured on a first folding section of the flap and a second folding section of the flap (see figure 13), wherein the lid (1090) is configured to engage at least a portion of the flap.
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With respect to claim 2, Chen discloses the outer packaging according to claim 1, wherein a) the flap (1052B) is folded onto the area holding product (interior of 1100), 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, the flap attached to the area holding product and the lid are at least substantially formed from a multi-folded flat base body.
With respect to claim 3, Chen discloses the outer packaging according to claim 1, wherein the receiving slots (openings of 1052b) are at least substantially configured on a single folding section of the flap.
Examiner Note: The term “substantially” broadens the phrase further. See 112b above.
With respect to claim 5, Chen discloses the outer packaging according to claim 1, wherein the receiving slots are arranged on the first folding section, the second folding section and on a third folding section (see figure 13 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 is closed (see figure 13).
With respect to claim 6, Chen discloses the outer packaging according to claim 5, wherein the third folding section (figure 13) is arranged at least approximately parallel to an inner side of the lid (1090) when the lid closed.
With respect to claim 9, Chen discloses the outer packaging according to claim 1, wherein a thickness of the flap (1052b) is at least not greater than a slot width of the receiving slots (width of slot is greater than thickness of flap).
Claim(s) 1, 7-8, 10-11 and 14-15 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Chen (US 20210139189 A1) ALTERNATE VIEW.
With respect to claim 1, Chen ALTERNATE VIEW discloses an outer packaging (1100) for sales packaging comprising hanging tabs, with an area holding product (interior of 1100) and a lid (1090), which serves to close off the area holding product, wherein a receiving space is formed within the area holding product when the lid is closed, in the receiving space a plurality of sales packaging can be arranged, wherein a flap (1052b) is attached to the area holding product, and comprises a plurality of receiving slots (openings in 1052b) that are spaced apart from one another over a width of the flap (1052b), and wherein at least a section (section of 1052b) of the flap with the receiving slots extends into the receiving space (as seen in figure 17) in order to at least partially insert the hanging tabs of the sales packaging arranged in the receiving space into the receiving slots wherein the receiving slots are configured on a first folding section of the flap and a second folding section of the flap (see figure 13 alt view), wherein the lid (1090) is configured to engage at least a portion of the flap.
Examiner Note: Difference in views are the difference in flap and slot interpretation.
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With respect to claim 7, Chen ALTERNATE VIEW discloses the outer packaging according to claim 1, wherein adjacent receiving slots (slots of figure 13 alt view) are spaced apart from one another along the width of the flap (1052B) at approximately equal distances.
With respect to claim 8, Chen ALTERNATE VIEW discloses the outer packaging according to claim 1, wherein the receiving slots extend over at least 30% of a length viewed transversely to a folding edge between the flap and the area holding product (view of figure 17, slots extend the entire length that is transverse to the fold).
With respect to claim 10, Chen ALTERNATE VIEW discloses the outer packaging according to claim 1, wherein each receiving slot (figure 13 alt view) serves to insert exactly one hanging tab of a unit of sales packaging.
With respect to claim 11, Chen ALTERNATE VIEW discloses a configuration with at least one outer packaging according to claim 1, a plurality of units of sales packaging (199) with hanging tabs (197), wherein, in a packaged state, the units of sales packaging (199) are arranged next to one another within the outer packaging (1100) and the hanging tabs (197) of the sales packaging are inserted into the receiving slots (fig 13 Alt View) of the flap attached to the area holding product.
With respect to claim 14, Chen ALTERNATE VIEW discloses the outer packaging according to claim 8, wherein the receiving slots (figure 13 Alt View) extend over at least 50% of the length (see comment on figure 8).
With respect to claim 15, Chen ALTERNATE VIEW discloses the outer packaging according to claim 14, wherein the receiving slots (figure 13 Alt View) extend over at least 70% of the length (see comment on figure 8).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Croll (US 4025039 A).
With respect to claim 1, Croll discloses an outer packaging (10) for sales packaging comprising hanging tabs, with an area holding product (interior of 10) and a lid (35, 65), which serves to close off the area holding product, wherein a receiving space is formed within the area holding product when the lid is closed, in the receiving space a plurality of sales packaging can be arranged, wherein a flap (54 or 76) is attached to the area holding product, and comprises a plurality of receiving slots (58/59 or 84/85) that are spaced apart from one another over a width of the flap (54 or 76), and wherein at least a section (section of 54 or 76) of the flap with the receiving slots extends into the receiving space (as seen in figure 5) in order to at least partially insert the hanging tabs of the sales packaging arranged in the receiving space into the receiving slots wherein the receiving slots are configured on a first folding section of the flap and a second folding section of the flap (72, 76 or 50, 54), wherein the lid (35 or 64) is configured to engage at least a portion of the flap.
Claim(s) 1 and 17 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Joyce (US 12428194 B2).
With respect to claim 1, Joyce discloses an outer packaging (49) for sales packaging comprising hanging tabs, with an area holding product (interior of 49) and a lid (84, 31), which serves to close off the area holding product, wherein a receiving space is formed within the area holding product when the lid is closed, in the receiving space a plurality of sales packaging can be arranged, wherein a flap (47) is attached to the area holding product, and comprises a plurality of receiving slots (3a or 7a) that are spaced apart from one another over a width of the flap (47), and wherein at least a section (section of 47/most of 47) of the flap with the receiving slots extends into the receiving space (as seen in figure 4) in order to at least partially insert the hanging tabs of the sales packaging arranged in the receiving space into the receiving slots wherein the receiving slots are configured on a first folding section of the flap (2) and a second folding section of the flap (3), wherein the lid (84, 31) is configured to engage at least a portion of the flap.
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With respect to claim 17, Joyce discloses the outer packaging according to claim 1, wherein the lid (choose either fold for 84 or 31) folds relative to the area holding product about a lid fold axis, and wherein the flap folds (folds between 2 and 3) relative to the area holding product about a flap fold axis, the flap fold axis being parallel to the lid fold axis.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Croll (US 4025039 A) in view of Charng (US 20060006090 A1).
With respect to claim 11, Croll discloses a configuration with at least one outer packaging according to claim 1, wherein, in a packaged state, the units of sales packaging (90, 91) are arranged next to one another within the outer packaging (10). Croll failed to disclose of a plurality of units of sales packaging with hanging tabs and the hanging tabs of the sales packaging are inserted into the receiving slots of the flap attached to the area holding product. Croll taught of a packaging system for use with carton mounted items, with edge retention. The outer packaging box can encompass a variety of prepackaged items. However, in a similar field of endeavor, namely packaging with card-like backing, Charng taught of a windshield packaging with elongated edges (packaging of figure 3) compatible with the package as taught by Croll. Advantageously, the combination of the two teachings allow for stable bulk shipments of Charngs windshield wipers. Therefore, it would have been obvious to one of ordinary skill in the art of packaging before the effective filing date of the claimed invention to include the windshield packaging with hanging tabs as taught by Charng in the outer packaging of Croll since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case Croll teaches of an outer packaging and adding windshield wiper packages with hanging tabs as taught by Charng would maintain the same functionality of Croll, making the results predictable to one of ordinary skill in the art (MPEP 2143).
With respect to claim 12, the references as applied to claim 11, above, disclose all the limitations of the claims except for wherein a) the receiving slots are configured higher than the hanging tabs when viewed vertically along a height of the area holding product 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. However, the combination of Charng and Croll, would obviously have longer receiving slots. For the lid to be able to close the hanging tabs would need to sit lower than the receiving slots. Since the receiving slots extend the full length of the outer packaging.
With respect to claim 13, the references as applied to claim 1, above, disclose all the limitations of the claims except for wherein the sales packaging is windshield wiper packaging. However, in a similar field of endeavor, namely packaging with card-like backing, Charng taught of a windshield packaging with elongated edges (packaging of figure 3) compatible with the package as taught by Croll. Advantageously, the combination of the two teachings allows for stable bulk shipments of Charngs windshield wipers. Therefore, it would have been obvious to one of ordinary skill in the art of packaging before the effective filing date of the claimed invention to include the windshield packaging with hanging tabs as taught by Charng in the outer packaging of Croll since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case Croll teaches of an outer packaging and adding windshield wiper packages with hanging tabs as taught by Charng would maintain the same functionality of Croll, making the results predictable to one of ordinary skill in the art (MPEP 2143).
With respect to claim 16, the references as applied to claim 11, above disclose all the limitations of the claims except for wherein the sales packaging is windshield wiper packaging. (This is taught by the Charng reference, see claim 11 rejection above for combination rationale.)
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.
Response to Arguments
Applicants’ amendments to the drawing and claims overcome the prior objections.
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.K.S./Examiner, Art Unit 3735
/ERNESTO A GRANO/Primary Examiner, Art Unit 3735
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