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 character “H” has been used to designate both the height and the length in Fig. 1. 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 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, 5, 7-10, 13 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haffenreffer (US 2,989,222).
Regarding claim 1, Haffenreffer discloses a packaging aid (at 23 in Fig. 3) capable of being used with units of outer packaging of units of sales packaging with hanging tab, wherein a base body (at 22 in Fig. 3) is provided, which has a length (left to right dimension of 23 in Fig. 3) and a height (top to bottom direction of 23 in Fig. 3) perpendicular to the length, a plurality of receiving slots (at 21 in Fig. 3) are provided, which extend partially over the height of the base body from a longitudinal side (See portion of Fig. 3 labeled below) of the base body capable of at least partial insertion of the hanging tabs into the receiving slots, and the receiving slots are spaced apart from one another along the length of the base body.
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Regarding claim 2, Haffenreffer discloses adjacent receiving slots are spaced apart from one another along the length of the base body at approximately equal distances (See Fig. 3).
Regarding claim 5, Haffenreffer discloses the receiving slots extend at least over more than half of the height (See Fig. 3).
Regarding claim 7, Haffenreffer discloses the base body has an insertion slope (See portion of Fig. 3 labeled above) between the longitudinal side and a slot side (See portion of Fig. 3 labeled above) of at least one receiving slot or the base body has a further insertion slope (See portion of Fig. 3 labeled above) between the longitudinal side and a further slot side of at least one receiving slot.
Regarding claim 8, Haffenreffer discloses the receiving slots have at least approximately equal slot widths along the length of the base body (as shown in Fig. 3).
Regarding claim 9, Haffenreffer discloses a width (thickness of panel 22) of the base body is not greater than a slot width of the receiving slots.
Regarding claim 10, Haffenreffer discloses each receiving slot is capable of insertion of exactly one hanging tab of sales packaging.
Regarding claim 13, the device of Haffenreffer is capable of being used for windshield wiper packaging.
Regarding claim 17, Haffenreffer discloses the base body has an insertion slope (See portion of Fig. 3 labeled above) between the longitudinal side and a slot side of all receiving slots, and the base body has a further insertion slope between the longitudinal side and a further slot side of all receiving slots (See Fig. 3).
Claims 1, 2, 6 and 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hyun (US 2018/0339827).
Regarding claim 1, Hyun discloses a packaging aid (packaging aid made from the combination of 13 and 15 in Fig. 1C) capable of being used with units of outer packaging of units of sales packaging with hanging tab, wherein a base body (at 13 in Fig. 1C) is provided, which has a length (left to right dimension of 13 in Fig. 1C) and a height (top to bottom direction of 13 in Fig. 1C) perpendicular to the length, a plurality of receiving slots (slots at 13a which extend along the underside of 15) are provided, which extend partially over the height of the base body from a longitudinal side (top edge of 13) of the base body capable of at least partial insertion of the hanging tabs into the receiving slots, and the receiving slots are spaced apart from one another along the length of the base body.
Regarding claim 2, Hyun discloses adjacent receiving slots are spaced apart from one another along the length of the base body at approximately equal distances (See Fig. 2A).
Regarding claim 6, Hyun discloses the receiving slots are rounded at a slot bottom (See rounded inner side of 15 at the apex near r2 in Fig. 3B) away from the longitudinal side.
Regarding claim 8, Hyun discloses the receiving slots have at least approximately equal slot widths along the length of the base body.
Regarding claim 9 Hyun discloses a width (thickness) of the base body is not greater than a slot width of the receiving slots.
Regarding claim 10, Hyun discloses each receiving slot is capable of insertion of exactly one hanging tab of sales packaging.
Regarding claim 11, Hyun discloses a configuration (at P - shown in Fig. 1C) with at least one packaging aid (at 13/15) according to claim 1, a plurality of units of sales packaging (at R) with hanging tabs (See hanging tabs at the top of elements R in Fig. 2A), and an outer packaging (outer tray shown in Fig. 1C) for the units of sales packaging, wherein, in a packaged state, the units of sales packaging are arranged next to one another in the outer packaging and the hanging tabs of the units of sales packaging are inserted into the receiving slots of the base body of the packaging aid (as shown in Fig. 1C).
Regarding claim 12, Hyun discloses the receiving slots are configured to be higher than the hanging tabs along the height of the base body (as shown in Fig. 1C), wherein the hanging tabs project into rounded slot bottoms (See rounded inner side of 15 at the apex near r2 in Fig. 3B) of the receiving slots or the hanging tabs each have at least one through-opening (as shown in Fig. 2A, near reference character ‘R’) which is configured such that a hanger of a retail facility can be guided through the through-opening to hang the sales packaging on the hanging tab in the retail facility.
Regarding claim 13, the device of Hyun is capable of being used for windshield wiper packaging.
Claims 1-13 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ferguson et al. (US 7,007,367).
Regarding claim 1, Ferguson discloses a packaging aid (at 14 in Fig. 9) capable of being used with units of outer packaging of units of sales packaging with hanging tab, wherein a base body (See Fig. 9 labeled below) is provided, which has a length (left to right dimension of 14 in Fig. 9) and a height (top to bottom direction of 14 in Fig. 9, from the “Longitudinal side” surface labeled in Fig. 9 below to the top surface at reference numeral 14 in Fig. 9) perpendicular to the length, a plurality of receiving slots (See Fig. 9 labeled below) are provided, which extend partially over the height of the base body from a longitudinal side (See Fig. 9 labeled below) of the base body capable of at least partial insertion of the hanging tabs into the receiving slots, and the receiving slots are spaced apart from one another along the length of the base body.
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Regarding claim 2, Ferguson discloses adjacent receiving slots are spaced apart from one another along the length of the base body at approximately equal distances (See Fig. 9).
Regarding claim 3, Ferguson discloses a distance along the length of the base body between a high side (at 50 in Fig. 9) of the base body and a nearest receiving slot is greater than a distance between adjacent receiving slots (as shown in Fig. 9).
Regarding claim 4, Ferguson discloses the base body has at least one inclined corner (top-right corner of 14, at the top side of 50 in Fig. 9), which is provided on a high side (at 50 in Fig. 9).
Regarding claim 5, Ferguson discloses the receiving slots extend at least over more than half of the height (See Fig. 9).
Regarding claim 6, Ferguson discloses the receiving slots are rounded at a slot bottom away from the longitudinal side (See Fig. 9 labeled above).
Regarding claim 7, Ferguson discloses the base body has an insertion slope (See Fig. 9 labeled above) between the longitudinal side and a slot side (See Fig. 9 labeled above) of at least one receiving slot.
Regarding claim 8, Ferguson discloses the receiving slots have at least approximately equal slot widths along the length of the base body (as shown in Fig. 9).
Regarding claim 9, Ferguson discloses a width (thickness) of the base body is not greater than a slot width of the receiving slots.
Regarding claim 10, Ferguson discloses each receiving slot is capable of inserting exactly one hanging tab of sales packaging.
Regarding claim 11, Ferguson discloses a configuration (See Fig. 7) with at least one packaging aid (at 14) according to claim 1, a plurality of units of sales packaging (at 100) with hanging tabs (See hanging tabs at the top of elements 100), and an outer packaging (outer box shown at the bottom of Fig. 7) for the units of sales packaging, wherein, in a packaged state, the units of sales packaging are arranged next to one another in the outer packaging and the hanging tabs of the units of sales packaging are inserted into the receiving slots of the base body of the packaging aid.
Regarding claim 12, Ferguson discloses the hanging tabs each have at least one through-opening which is configured such that a hanger of a retail facility can be guided through the through-opening to hang the sales packaging on the hanging tab in the retail facility.
Regarding claim 13, the device of Hyun is Ferguson being used for windshield wiper packaging.
Regarding claim 17, Ferguson discloses the base body has an insertion slope (See Fig. 9 labeled above) between the longitudinal side and a slot side of all receiving slots, and the base body has a further insertion slope between the longitudinal side and a further slot side of all receiving slots (See Fig. 9 labeled above).
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.
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Haffenreffer (US 2,989,222) as applied to claim 5 above. As described above, Haffenreffer discloses the claimed invention except for the specific length of the slots. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the slots to be any length such as 85% of the height of the base body in order to securely engage the corresponding slots 20. Furthermore, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hyun (US 2018/0339827) as applied to claim 11 above. As described above, Hyun discloses the claimed invention except for the specifics of the sales packaging. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the configuration of Hyun with any type of packaging such as a windshield wiper packaging in order to provide convenient storage, transportation and display to a plurality of windshield wipers.
Claims 14-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ferguson et al. (US 7,007,367) as applied to claims 5 and 1 above.
Regarding claims 14-16, Ferguson discloses the claimed invention except for the specific length of the slots. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the slots to be any length such as 85% of the height of the base body in order to securely engage a sufficient portion of the contents. Furthermore, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 18, As described above, Ferguson discloses the claimed invention except for the specifics of the sales packaging. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the configuration of Ferguson with any type of packaging such as a windshield wiper packaging in order to provide convenient display of a plurality of windshield wipers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735