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 .
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.
Claims 1-8, 10-11, 13, 15-19, 22, 26-27 and 30 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. In claim 1, lines 4-5, “the at least one second article retention device being aligned in vertical registry with the at least one first article retention device” is indefinite and inaccurate, as every second article retention device is not aligned in vertical registry with every first article retention device, rather --each second article retention device being aligned in vertical registry with one first article retention device--. The original statement defines every second article retention device being aligned in vertical registry with every first article retention device, which is not the case except when there is only one of each article retention device.
In claim 3, line 2, “its adjacent neighbor” is indefinite as to what comprises a “neighbor” The phrasing --its adjacent neighboring teeth-- would be more accurate.
In claim 11, such depends from canceled claim 9.
In claim 15, the teeth are indefinitely defined so as to render “angular width” a clear and definite limitation.
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, 16, 26 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Galbierz (6,168,012). Claims 1, 2 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Galbierz (6,059,099). Claims 1-2, 11, 13, 16, 22, 26-27 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sutherland et al. (5,323,895)(Figures 5-7). Claims 1-2, 10-11, 13, 15, 22 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wood (3,528,697). Claims 1, 10-11, 13, 16, 22 and 26-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2271097. Each discloses an article carrier and blank for packaging one or more articles, the article carrier and blank comprising a first panel (13; 9; 48; 1 or 13; 1; respectively) and a second panel (15; 11; either 50; 1 or 13; either 2) disposed in face-to-face relationship with the first panel, the first panel having at least one first article retention device (31 and 37; 15 and 19; 54 and 56; 41, 33 and 34; 4 and 5 or 8 and 9) defined therein, the second panel having at least one second article retention device (33 and 41; 21 and 25; 58 and 66; 24, 17, 18 and 25, 26; 4 and 5 or 8 and 9) defined therein, each second article retention device being aligned in vertical registry with one first article retention device, the at least one first article retention device each comprising a first article receiving opening defined in part by a first article receiving aperture (31; 15; 54; 41 or 24; 4 ) and a first plurality of teeth (37; 19; 56; 33 and 34; 5) disposed about the first article receiving aperture, the at least one second article retention device comprising a second article receiving opening defined in part by a second article receiving aperture (33; 21; 58; 24 or 41; 8) and a second plurality of teeth (41; 25; 66; 17, 18 and 25, 26; 9) disposed about the second article receiving aperture, wherein one of the first plurality of teeth is disposed in overlapping relationship with a portion of each of an adjacent pair of the second plurality of teeth.
As to claim 2, Galbierz (‘099), Sutherland et al. and Wood each disclose the one of the first plurality of teeth (19; 56; 33 and 34) is disposed in overlapping relationship with a marginal side portion of the adjacent pair of the second plurality of teeth (25; 66; 17, 18 and 25, 26).
As to claim 10, Sutherland et al., Wood and GB 2271097 each disclose each of the first plurality of teeth (56; 33 and 34; 5) comprises a free edge opposing a hinged connection (62; colinear with 14 and 16; connecting 5 to 1) to the first panel (48; 13; 1).
As to claim 11, Sutherland et al., Wood and GB 2271097 each disclose the free edge being a load bearing edge (see Figure 7; see Figure 3; see Figure 2) for supporting an article.
As to claim 13, Sutherland et al., Wood and GB 2271097 each disclose the one of the first plurality of teeth (56; 33 and 34; 5) disposed in contact with a portion of each of an adjacent pair of the second plurality of teeth (25; 66; 17, 18 and 25, 26).
As to claim 15, Wood discloses each of the first plurality of teeth (33 and 34) comprises a first angular width and each of the second plurality of teeth (17, 18 and 25, 26) comprises a second angular width, the first angular width being greater than the second angular width. The limitation “angular” is indefinite.
As to claim 16, each except Wood discloses the first panel (13; 9; 48; 1) forms an upper engaging panel, and the second panel (15; 11; either 50; either 2) forms a lower engaging panel, the first plurality of teeth (37; 19; 56; 5) form upper engaging teeth and the second plurality of teeth (41; 25; 66; 9) form lower engaging teeth.
As to claim 22, Sutherland et al., Wood and GB 2271097 each disclose each of the second plurality of teeth (66; 17, 18 and 25, 26; 9) comprises a proximal end, defined by a hinged connection (64; any one of 19, 20, 27 and 28; joining 9 to 2) to the second panel (either 50; 1 or 13; either 2), the proximal end is spaced apart from an article received in the first and second article retention devices.
As to claim 27, Sutherland et al. and GB 2271097 each disclose the first panel (48; 1) hingedly connected to the second panel (either 50; either 2) by a hinged connection (68, 52, 70; 3).
As to claim 30, Galbierz (‘012) and Sutherland et al. disclose the first panel (13; 48) hingedly connected to the second panel (15; either 50) by a connecting panel (5; between 68 and 70)
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Dependent claims 4-8 and 17-19 would also then be allowable.
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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, Orlando Aviles-Bosques, can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only.
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG
Prosecution Insights