BLANK CONFIGURED TO BE ERECTED INTO A PACKAGE AND A PACKAGE FORMED BY SUCH A BLANK

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 8, “one main panel” should be --one main panel of the at least four main panels--, In line 10, “an opposing main panel” should be --an opposing main panel of the at least four main panels--, In line 18, “adjacent pieces or portions of liner” should be --adjacent pieces or portions of the one or more pieces or portions of liner--, In line 19, “a package” should be --the package--, In line 22, “two main panels” should be --two main panels of the at least four main panels--, In line 23, “a package” should be --the package--, In lines 29-30, “the main panel is” should be --the two main panels are--, In line 31, “the respective main panel” should be --respective main panels of the two main panels-- In line 33, “said pieces or portions of liner” should be --said one or more pieces or portions of liner--, and In lines 33-34, “the double-folded main panel” should be --the two double-folded main panels--. Claim 2 is objected to because of the following informalities: In lines 4-5, “the main panel” should be --the respective main panels of the two main panels--. Claim 3 is objected to because of the following informalities: In line 5, “pieces of portions” should be --pieces or portions--, and In line 5, “the main panel” should be --the respective main panels of the two main panels--. Claim 5 is objected to because of the following informalities: In lines 2-3, “pieces of portions” should be --pieces or portions--, and In lines 3-4, “the pieces or portions of liner” should be --the one or more pieces or portions of liner--. Claim 8 is objected to because of the following informalities: In line 4, “associated main panels” should be --associated main panels of the at least four main panels--. Claim 9 is objected to because of the following informalities: In lines 1-2, “the top panels” should be --the set of top panels--, In lines 4-5, “internal fold lines an associated main panel” should be --the at least two transversally extending internal fold lines of an associated main panel of the two main panels--. Claim 10 is objected to because of the following informalities: In lines 1-2, “the top panels” should be --the set of top panels--. Claim 11 is objected to because of the following informalities: In line 4, “associated main panels” should be --associated main panels of the at least four main panels--. Claim 12 is objected to because of the following informalities: In lines 1-2, “the top rim panels” should be --the set of top rim panels--, In lines 4-5, “internal fold lines of an associated main panel” should be --the at least two transversally extending internal fold lines of an associated main panel of the two main panels--. Claim 13 is objected to because of the following informalities: In line 2, “the set of bottom panels” should be --the set of one or more bottom panels--, and In line 3, “associated main panels” should be --associated main panels of the at least four main panels--. Claim 14 is objected to because of the following informalities: In lines 1-2, “the bottom panels” should be --the set of one or more bottom panels--, In lines 4-5, “internal fold lines of an associated main panel” should be --the at least two transversally extending internal fold lines of an associated main panel of the two main panels--. Claim 15 is objected to because of the following informalities: In lines 1-2, “the bottom panels” should be --the set of one or more bottom panels--. Claim 16 is objected to because of the following informalities: In line 8, “a first main panel” should be --a first main panel of the at least four main panels--, In lines 9-10, “an opposing, second main panel” should be --an opposing, second main panel of the at least four main panels--, In line 16, “respective transversally extending main fold line” should be --the transversally extending main fold lines--, In line 18, “adjacent pieces or portions of liner” should be --adjacent pieces or portions of the one or more pieces or portions of liner--, In line 19, “a package” should be --the package--, In line 22, “two main panels” should be --two main panels of the at least four main panels--, In lines 29-30, “the main panel is” should be --the two main panels are--, In line 31, “the main panel” should be --the two main panels-- In line 33, “said pieces or portions of liner” should be --said one or more pieces or portions of liner--, and In lines 33-34, “the double-folded main panel” should be --the two double-folded main panels--. Appropriate correction is required. 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. Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Lupton (US 1,971,863 A) in view of Carr et al. (US 4,856,705 A, hereinafter Carr). Regarding claim 1, Lupton teaches a blank (FIG. 1) configured to form a package (FIG. 7) which is configured to be folded into a flat-folded state (FIG. 4, 5, 6) and into a box shaped state (FIG. 7), the blank comprising, as seen in a flat-laid state of the blank, at least four main panels (a, b, c, d) arranged one after the other along a longitudinal direction as seen in the flat-laid state of the blank, wherein the at least four main panels are foldably connected along transversally extending main fold lines (7, 8, 9) and configured to form a respective side wall of said package (FIG. 1, 2, 4-7), an attachment tab (21) foldably connected to one main panel (a) of the at least four main panels at a first outer, transversally extending edge of the blank and configured to be attached to an opposing main panel (d) of the at least four main panels such that the at least four main panels form an interconnected loop of main panels when the blank is folded into the package (FIG. 1, 2, 4-7), and one or more pieces or portions of liner (26, 27, 30, 28, 29, 33) configured to provide additional properties to the package, the one or more pieces or portions of liner arranged on inside surfaces of the at least one four main panels such that, as seen in the flat-laid state of the blank, along the transversally extending main fold line, a longitudinally and transversally extending gap or groove is formed between adjacent pieces or portions of the one or more pieces or portions of liner allowing the blank to be folded into the package (FIG. 2, 3), and a set of one or more bottom panels (19, 20, 14, 15) configured to form a bottom of the package, wherein two main panels (a, c) of the at least four main panels configured to form opposing side walls when the blank is folded into the package are each provided with transversally extending internal fold lines (22, 23) allowing the two main panels to be double-folded and thereby allow the loop of main panels to be folded into said flat-folded state (FIG. 4-6), wherein the transversally extending internal fold lines are separate from the transversally extending main fold lines (FIG. 1) (page 1 line 86-page 2 line 39, page 2 lines 66-140 and FIG. 1-7). Lupton fails to teach the transversally extending internal fold lines on each of the two main panels being at least two transversally extending internal fold lines, wherein the at least two transversally extending internal fold lines are separated from each other along the longitudinal direction a distance such that when the two main panels are doubled-folded about said at least two transversally extending internal fold lines, opposing inside surfaces of respective main panels of the two main panels are separated from each other a distance being between 50% and 150% of a nominal double material thickness of said one or more pieces or portions of liner on the two double-folded main panels. Carr teaches an analogous blank (Fig. 1) configured to form a package (Fig. 2) which is configured to be folded into a flat-folded state (Fig. 3, 4) and into a box shaped state (Fig. 2), wherein the blank comprises at least four main panels (11-19) foldably connected along transversally extending main fold lines (21, 24, 28, 31, 34, 38, 41) and configured to form a respective side wall of the package, and wherein two main panels of the at least four main panels are each provided with transversally extending internal fold lines (100, 101) allowing the two main panels to be double-folded and thereby allowing the formed package to be folded into said flat-folded state. Carr further teaches that it is known and desirable in the prior art to configure the transversally extending internal fold lines as at least two transversally extending internal fold lines (100, 101) that are separated from each other along the longitudinal direction a distance such that when the two main panels are doubled-folded about said at least two transversally extending internal fold lines, opposing inside surfaces of respective main panels of the two main panels are separated from each other a distance configured to accommodate extra double material thickness (i.e., thickness of two folded in bottom panels) between the two double-folded main panels (column 3 line 2-column 6 line 62 and Fig. 1-6). It is well-known and common in the art to use double spaced apart fold lines where thickness, such as extra material between panels in a flat-folded state of a package, is to be accounted for in order to prevent material deformation. One having ordinary skill in the art would recognize that a physical obstruction would be caused by an internal material thickness of the liners of Lupton during a flat-fold which would require dimensional accommodation at the fold axis. Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Lupton by replacing the transversally extending internal fold lines on each of the two main panels with at least two transversally extending internal fold lines, wherein the at least two transversally extending internal fold lines are separated from each other along the longitudinal direction a distance such that when the two main panels are doubled-folded about said at least two transversally extending internal fold lines, opposing inside surfaces of respective main panels of the two main panels are separated from each other a distance being between 50% and 150% of a nominal double material thickness of said one or more pieces or portions of liner on the two double-folded main panels, as taught by Carr, in order to account for extra thickness and thus, prevent deformation. Applying the fundamental teaching of Carr to Lupton, specifically, configuring a fold clearance as a multiple of material thickness (i.e., at least twice the thickness), to prevent material deformation, would have been well within the level of ordinary skill in the art. Regarding claim 2, Lupton as modified by Carr teaches the blank of claim 1 above, wherein the at least two transversally extending internal fold lines are each separated from the transversally extending main fold lines a distance, as measured along the longitudinal direction, being at least 25% of a longitudinal extension of the respective main panels of the two main panels (Lupton: FIG. 1, 2 and Carr: Fig. 1). Regarding claim 3, Lupton as modified by Carr teaches the blank of claim 1 above, wherein the at least two transversally extending internal fold lines are each separated from the transversally extending main fold lines a distance, as measured along the longitudinal direction, being at least two times a material thickness of said one or more pieces or portions of liner on the respective main panels of the two main panels (Lupton: FIG. 2, 3 and Carr: Fig. 1). Regarding claim 4, Lupton as modified by Carr teaches the blank of claim 1 above, wherein the at least two transversally extending internal fold lines are parallel to each other (Carr: Fig. 1). Regarding claim 5, Lupton as modified by Carr teaches the blank of claim 1 above, wherein the blank, excluding said one or more pieces or portions of liner, has a first material thickness and wherein the pieces or portions of liner have a second material thickness (Lupton: FIG. 3) but fails to teach the second material thickness being at least two times the first material thickness. However, the one or more pieces or portions of liner of Lupton are configured to reinforce the blank. Accordingly, as the purpose of the one or more pieces or portions of liner is reinforcement, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to provide Lupton with one or more pieces or portions of liner having a second material thickness that is at least two times the thickness of the first material in order to further satisfy the purpose of the one or more pieces or portions of liner. Regarding claim 6, Lupton as modified by Carr teaches the blank of claim 1 above, wherein said one or more pieces or portions of liners is resiliently compressible allowing the one or more pieces or portions of liner to be locally compressed thereby allowing the at least four main panels to be double-folded about the at least two transversally extending internal fold lines and thereby allowing the package to assume said flat-folded state (Lupton: page 1 line 86-page 2 line 39, page 2 lines 66-140 and FIG. 1-7). Regarding claim 7, Lupton as modified by Carr teaches the blank of claim 1 above, wherein the blank, excluding the one or more pieces or portions of liner, comprises a paper-based material (Lupton: page 2 lines 12-12). Regarding claim 8, Lupton as modified by Carr teaches the blank of claim 1 above, wherein the blank further comprises a set of top panels (17, 12, 18, 13) foldably connected (10) to a first longitudinally extending edge of the at least four main panels (Lupton: FIG. 1, 2). Regarding claim 9, Lupton as modified by Carr teaches the blank of claim 8 above, wherein the set of top panels comprise internal fold lines aligned with the at least two transversally extending internal fold lines of an associated main panel of the two main panels (Lupton: FIG. 1 and Carr: Fig. 1). Regarding claim 10, Lupton as modified by Carr teaches the blank of claim 9 above, wherein the set of top panels comprise pieces or portions of liner (Lupton: FIG. 2). Regarding claim 11, Lupton as modified by Carr teaches the blank of claim 1 above, wherein the blank further comprises a set of top rim panels (17, 12, 18, 13) foldably connected (10) to a first longitudinally extending edge of the at least four main panels and configured to, in the box shaped state, form an inwardly folded rim (Lupton: FIG. 9). Regarding claim 12, Lupton as modified by Carr teaches the blank of claim 11 above, wherein the set of top rim panels comprise internal fold lines aligned with the at least two transversally extending internal fold lines of an associated main panel of the two main panels (Lupton: FIG. 1 and Carr: Fig. 1). Regarding claim 13, Lupton as modified by Carr teaches the blank of claim 1 above, wherein the set of one or more bottom panels are foldably connected (11) to a second longitudinally extending edge of the at least four main panels (Lupton: FIG. 1). Regarding claim 14, Lupton as modified by Carr teaches the blank of claim 13 above, wherein the set of one or more bottom panels comprise internal fold lines aligned with the at least two transversally extending internal fold lines of an associated main panel of the two main panels (Lupton: FIG. 1 and Carr: Fig. 1). Regarding claim 15, Lupton as modified by Carr teaches the blank of claim 14 above, wherein the set of one or more bottom panels comprise pieces or portions of liner (Lupton: FIG. 2). Regarding claim 16, Lupton teaches a package (FIG. 7) formed of a blank (FIG. 1), wherein the package is configured to be folded into a flat-folded state (FIG. 4, 5, 6) and into a box shaped state (FIG. 7), wherein the package comprises: at least four main panels (a, b, c, d) arranged one after the other along a circumferentially extending longitudinal direction, wherein the at least four main panels are foldably connected along transversally extending main fold lines (7, 8, 9) and form a respective side wall of said package (FIG. 1, 2, 4-7), an attachment tab (21) foldably connected to a first main panel (a) of the at least four main panels at a first outer, transversally extending edge of the blank and attached to an opposing second main panel (d) of the at least four main panels such that the at least four main panels form an interconnected loop of main panels (FIG. 1, 2, 4-7), and one or more pieces or portions of liner (26, 27, 30, 28, 29, 33) configured to provide additional properties to the package, the one or more pieces or portions of liner arranged on inside surfaces of the at least one four main panels such that, as seen in a flat-laid state of the blank, along the transversally extending main fold line, a longitudinally and transversally extending gap or groove is formed between adjacent pieces or portions of the one or more pieces or portions of liner to be folded into the package (FIG. 2, 3), and a set of one or more bottom panels (19, 20, 14, 15) forming a bottom of the package, wherein two main panels (a, c) of the at least four main panels configured to form opposing side walls of the package are each provided with transversally extending internal fold lines (22, 23) allowing the two main panels to be double-folded and thereby allow the loop of main panels to be folded into said flat-folded state (FIG. 4-6), wherein the transversally extending internal fold lines are separate from the transversally extending main fold lines (FIG. 1) (page 1 line 86-page 2 line 39, page 2 lines 66-140 and FIG. 1-7). Lupton fails to teach the transversally extending internal fold lines on each of the two main panels being at least two transversally extending internal fold lines, wherein the at least two transversally extending internal fold lines are separated from each other along the longitudinal direction a distance such that when the two main panels are doubled-folded about said at least two transversally extending internal fold lines, opposing inside surfaces of respective main panels of the two main panels are separated from each other a distance being between 50% and 150% of a nominal double material thickness of said one or more pieces or portions of liner on the two double-folded main panels. Carr teaches an analogous blank (Fig. 1) and package (Fig. 2) which is configured to be folded into a flat-folded state (Fig. 3, 4) and into a box shaped state (Fig. 2), wherein the blank and the package comprise at least four main panels (11-19) foldably connected along transversally extending main fold lines (21, 24, 28, 31, 34, 38, 41) and configured to form a respective side wall of the package, and wherein two main panels of the at least four main panels are each provided with transversally extending internal fold lines (100, 101) allowing the two main panels to be double-folded and thereby allowing the formed package to be folded into said flat-folded state. Carr further teaches that it is known and desirable in the prior art to configure the transversally extending internal fold lines as at least two transversally extending internal fold lines (100, 101) that are separated from each other along the longitudinal direction a distance such that when the two main panels are doubled-folded about said at least two transversally extending internal fold lines, opposing inside surfaces of respective main panels of the two main panels are separated from each other a distance configured to accommodate extra double material thickness (i.e., thickness of two folded in bottom panels) between the two double-folded main panels (column 3 line 2-column 6 line 62 and Fig. 1-6). It is well-known and common in the art to use double spaced apart fold lines where thickness, such as extra material between panels in a flat-folded state of a package, is to be accounted for in order to prevent material deformation. One having ordinary skill in the art would recognize that a physical obstruction would be caused by an internal material thickness of the liners of Lupton during a flat-fold which would require dimensional accommodation at the fold axis. Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Lupton by replacing the transversally extending internal fold lines on each of the two main panels with at least two transversally extending internal fold lines, wherein the at least two transversally extending internal fold lines are separated from each other along the longitudinal direction a distance such that when the two main panels are doubled-folded about said at least two transversally extending internal fold lines, opposing inside surfaces of respective main panels of the two main panels are separated from each other a distance being between 50% and 150% of a nominal double material thickness of said one or more pieces or portions of liner on the two double-folded main panels, as taught by Carr, in order to account for extra thickness and thus, prevent deformation. Applying the fundamental teaching of Carr to Lupton, specifically, configuring a fold clearance as a multiple of material thickness (i.e., at least twice the thickness), to prevent material deformation, would have been well within the level of ordinary skill in the art. 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