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 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 1-15 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 1 lines 32, 35, and 38 use “and/or” clauses to define limitations of the claim. It is generally unclear which elements are meant to be alternative clauses (i.e. “or”) or inclusive clauses (i.e. “and”).
Claims 2-15 fail to cure the deficiencies.
For purposes of examining the claims on the merits, Examiner considers the clauses defining “a second end” of each of the top and bottom transversal creases to be optional.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, and 7-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keck et al. (EP 3228551 A1; hereinafter Keck).
Regarding claims 1-3, 5, 11-12, and 15, Keck discloses a blank comprising a first longitudinal boundary edge and a second longitudinal boundary edge (i.e. left edge vs. right edge; see Fig. 6) spaced apart from one another along a first direction transversal to a longitudinal central axis of the packaging blank; and a first transversal boundary edge and a second transversal boundary edge (i.e. top vs. bottom edge of blank; see Fig. 6) spaced apart from one another along a second direction parallel to the longitudinal central axis; a top crease pattern configured to form a top portion of the package; and a bottom crease pattern displaced from the top crease pattern along the second direction and configured to form a bottom portion of the package (see Fig. 6); wherein the top crease pattern comprises at least a first transversal crease line and a second transversal crease line (see illustration below) extending transversally to the longitudinal central axis of the packaging blank, the first transversal crease line being interposed between the first transversal boundary edge (10) and the second transversal crease line; wherein the bottom crease pattern comprises at least a third transversal crease line and a fourth transversal crease line (see illustration below) extending transversally to the longitudinal central axis of the packaging blank, the third transversal crease line being interposed between the second transversal boundary edge and the fourth transversal crease line;
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wherein each one of the first transversal crease line, the second transversal crease line, the third transversal crease line and the fourth transversal crease line extends between a respective first end facing the first longitudinal boundary edge and a respective second end facing the second longitudinal boundary edge; wherein the first end of the second transversal crease line is closer to the first longitudinal boundary edge than the first end of the first transversal crease line (see illustration below); the first end of the fourth transversal crease line is closer to the first longitudinal boundary edge than the first end of the third transversal crease line (see illustration below).
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Regarding claims 7-10, Keck discloses a packaging blank further comprising one or more first linear crease lines (7) extending from the second transversal crease line and within the intermediate region (see Fig. 6).
Regarding claims 13-14, Keck discloses a packaging blank wherein the packaging blank comprises a multilayer structure (see Fig. 5).
Allowable Subject Matter
Claims 4 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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 J 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.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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