Prosecution Insights
Last updated: October 01, 2026
Application No. 19/103,401

Divider Construct For Trays, Related Systems And Methods

Non-Final OA §102
Filed
Feb 12, 2025
Priority
Aug 25, 2022 — provisional 63/400,901 +4 more
Examiner
ATTEL, NINA KAY
Art Unit
Tech Center
Assignee
Graphic Packaging International Inc.
OA Round
1 (Non-Final)
41%
Grant Probability
Moderate
1-2
OA Rounds
1y 7m
Est. Remaining
69%
With Interview

Examiner Intelligence

Grants 41% of resolved cases
41%
Career Allowance Rate
246 granted / 594 resolved
-18.6% vs TC avg
Strong +28% interview lift
Without
With
+27.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
33 currently pending
Career history
636
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
54.3%
+14.3% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
24.3%
-15.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 594 resolved cases

Office Action

§102
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 Objections Claim 1 is objected to because of the following informalities: In line 1, “the interior” should be --an interior--. Claim 7 is objected to because of the following informalities: In line 1, “the interior” should be --an interior--. Claim 12 is objected to because of the following informalities: In line 2, “the first divider wall” should be --the first divider panel--. Claim 13 is objected to because of the following informalities: In line 1, “the interior” should be --an interior--. Claim 16 is objected to because of the following informalities: In line 2, “the second divider wall” should be --the second divider panel--. Claim 20 is objected to because of the following informalities: In line 2, “the tray” should be --the construct--. Claim 21 is objected to because of the following informalities: In line 2, “the tray” should be --the construct--. Claim 24 is objected to because of the following informalities: In line 1, “the tray” should be --the construct--. 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. Claims 1-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin Won Trading Co (KR 20-0476323, hereinafter Shin). Regarding claim 1, Shin teaches a construct for providing divider features in an interior of a tray, the construct comprising: a plurality of panels comprising at least one bottom panel (204) and at least one divider panel (210, 220, 230, 240) extending upwardly from the at least one bottom panel (Fig. 6a-6c); and divider features comprising at least one divider wall (210, 220, 230, 240), the at least one divider wall comprising the at least one divider panel (Fig. 6a-6c) (Translation and Fig. 2, 5-6c). Regarding claim 2, Shin teaches the construct of claim 1 above, wherein the plurality of panels comprises at least one hinge panel foldably (211, 233, 221, 245) connected to the at least one bottom panel, the at least one divider panel foldably (212, 234, 222, 246) connected to the at least one hinge panel (Fig. 5-6c). Regarding claim 3, Shin teaches the construct of claim 2 above, wherein the at least one divider panel is a first divider panel (240-panel left or right of center hinge panel) foldably (246) connected to the at least one hinge panel, and the plurality of panels comprises a second divider panel (240-other panel left or right of center hinge panel) foldably (246) connected to the at least one hinge panel (Fig. 5-6c). Regarding claim 4, Shin teaches the construct of claim 3 above, wherein the at least one divider wall is a first divider wall comprising the first divider panel (Fig. 6b, 6c), and the divider features further comprise a second divider wall comprising the second divider panel (Fig. 6b, 6c). Regarding claim 5, Shin teaches the construct of claim 1 above, wherein the at least one divider panel is a first divider panel (210 or 220 or 230 or 240) of a plurality of divider panels foldably (211, 233, 221, 245) connected to the at least one bottom panel (Fig. 5-6c). Regarding claim 6, Shin teaches the construct of claim 5 above, wherein the plurality of panels comprises a second divider panel (210 or 220 or 230 or 240) foldably (211, 233, 221, 245) connected to the at least one bottom panel, the at least one divider wall is a first divider wall comprising the first divider panel, the divider features further comprise a second divider wall comprising the second divider panel (Fig. 5-6c). Regarding claim 7, Shin teaches a blank for forming a construct for providing divider features in an interior of a tray, the construct comprising: a plurality of panels comprising at least one bottom panel (204) and at least one divider panel (210, 220, 230, 240) (Fig. 5-6c); and divider features for forming divider of the construct formed from the blank, the divider features comprising the at least one divider panel for being positioned extending upwardly from the at least one bottom panel when the construct is formed from the blank to form at least one divider wall (210, 220, 230, 240) (Fig. 5-6c) (Translation and Fig. 2, 5-6c). Regarding claim 8, Shin teaches the blank of claim 7 above, wherein the plurality of panels comprises at least one hinge panel foldably (211, 233, 221, 245) connected to the at least one bottom panel, the at least one divider panel foldably (212, 234, 222, 246) connected to the at least one hinge panel (Fig. 5-6c). Regarding claim 9, Shin teaches the blank of claim 8 above, wherein the at least one divider panel is a first divider panel (240-panel left or right of center hinge panel) foldably (246) connected to the at least one hinge panel, and the plurality of panels comprises a second divider panel (240-other panel left or right of center hinge panel) foldably (246) connected to the at least one hinge panel (Fig. 5-6c). Regarding claim 10, Shin teaches the blank of claim 9 above, wherein the first divider panel is for forming the at least one divider wall being a first divider wall when the construct is formed from the blank (Fig. 6b, 6c), and the second divider panel is for forming a second divider wall when the construct is formed from the blank (Fig. 6b, 6c). Regarding claim 11, Shin teaches the blank of claim 7 above, wherein the at least one divider panel is a first divider panel (210 or 220 or 230 or 240) of a plurality of divider panels foldably (211, 233, 221, 245) connected to the at least one bottom panel (Fig. 5-6c). Regarding claim 12, Shin teaches the blank of claim 11 above, wherein the plurality of panels comprises a second divider panel (210 or 220 or 230 or 240) foldably (211, 233, 221, 245) connected to the at least one bottom panel, the first divider panel is for forming the at least one divider wall being a first divider wall when the construct is formed form the blank, the second divider panel for forming a second divider wall when the construct is formed from the blank (Fig. 5-6c). Regarding claim 13, Shin teaches a method for forming a construct for providing divider features in an interior of a tray, the construct comprising: obtaining a blank, the blank comprising a plurality of panels comprising at least one bottom panel (204), at least one divider panel (210, 220, 230, 240), and divider features (Fig. 5-6c); and positioning the at least one divider panel extending upwardly form the at least one bottom panel to form at least one divider wall (210, 220, 230, 240) (Fig. 6a-6c) (Translation and Fig. 2, 5-6c). Regarding claim 14, Shin teaches the method of claim 13 above, wherein the plurality of panels comprises at least one hinge panel foldably (211, 233, 221, 245) connected to the at least one bottom panel, the at least one divider panel foldably (212, 234, 222, 246) connected to the at least one hinge panel (Fig. 5-6c). Regarding claim 15, Shin teaches the method of claim 14 above, wherein the at least one divider panel is a first divider panel (240-panel left or right of center hinge panel) foldably (246) connected to the at least one hinge panel, and the plurality of panels comprises a second divider panel (240-other panel left or right of center hinge panel) foldably (246) connected to the at least one hinge panel (Fig. 5-6c). Regarding claim 16, Shin teaches the method of claim 15 above, wherein the at least one divider wall is a first divider wall comprising the first divider panel (Fig. 6b, 6c), and the method further comprises positioning the second divider panel to form a second divider wall (Fig. 5-6c). Regarding claim 17, Shin teaches the method of claim 13 above, wherein the at least one divider panel is a first divider panel (210 or 220 or 230 or 240) of a plurality of divider panels foldably (211, 233, 221, 245) connected to the at least one bottom panel (Fig. 5-6c). Regarding claim 18, Shin teaches the method of claim 17 above, wherein the plurality of panels comprises a second divider panel (210 or 220 or 230 or 240) foldably (211, 233, 221, 245) connected to the at least one bottom panel, the at least one divider wall is a first divider wall comprising the first divider panel, the method further comprises positioning the second divider panel to form a second divider wall (Fig. 5-6c). Regarding claim 19, Shin teaches a system comprising: a tray (100) comprising a plurality of panels extending at least partially around an interior of the tray (Fig. 2); and a construct providing divider features in the interior of a tray, the construct comprising: a plurality of panels comprising at least one bottom panel (204) and at least one divider panel (210, 220, 230, 240) extending upwardly from the at least one bottom panel (Fig. 6a-6c); and divider features comprising at least one divider wall (210, 220, 230, 240), the at least one divider wall comprising the at least one divider panel (Fig. 6a-6c) (Translation and Fig. 2, 5-6c). Regarding claim 20, Shin teaches the system of claim 19 above, wherein the plurality of panels of the construct comprises at least one hinge panel foldably (211, 233, 221, 245) connected to the at least one bottom panel, the at least one divider panel foldably (212, 234, 222, 246) connected to the at least one hinge panel (Fig. 5-6c). Regarding claim 21, Shin teaches the system of claim 20 above, wherein the at least one divider panel is a first divider panel (240-panel left or right of center hinge panel) foldably (246) connected to the at least one hinge panel, and the plurality of panels of the construct comprises a second divider panel (240-other panel left or right of center hinge panel) foldably (246) connected to the at least one hinge panel (Fig. 5-6c). Regarding claim 22, Shin teaches the system of claim 21 above, wherein the at least one divider wall is a first divider wall comprising the first divider panel (Fig. 6b, 6c), and the divider features further comprise a second divider wall comprising the second divider panel (Fig. 6b, 6c). Regarding claim 23, Shin teaches the system of claim 19 above, wherein the at least one divider panel is a first divider panel (210 or 220 or 230 or 240) of a plurality of divider panels foldably (211, 233, 221, 245) connected to the at least one bottom panel (Fig. 5-6c). Regarding claim 24, Shin teaches the system of claim 23 above, wherein the plurality of panels of the construct comprises a second divider panel (210 or 220 or 230 or 240) foldably (211, 233, 221, 245) connected to the at least one bottom panel, the at least one divider wall is a first divider wall comprising the first divider panel, the divider features further comprise a second divider wall comprising the second divider panel (Fig. 5-6c). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST. 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 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NINA K ATTEL/Examiner, Art Unit 3734 /NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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Prosecution Timeline

Feb 12, 2025
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
41%
Grant Probability
69%
With Interview (+27.8%)
3y 2m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 594 resolved cases by this examiner. Grant probability derived from career allowance rate.

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