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 .
This action is written in response to application number 19/155,195 filed 08/08/2025
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 46-50 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 46 discloses “wherein the bottom comprises a first flap and a second flap configured to overlap and fasten to each other when in the assembled configuration”. It is unclear how the flaps of the bottom can overlap if in the closed configuration with the lid. Appropriate action is required.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 40-42, 44-46, 51-54, 56-60 and 63-64 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lichtle (US 2023/0159262) in view of Apps (US 2002/0148837).
Claim 40, 52. Lichtle discloses a package configured to receive and store a plurality of eggs, the package comprising:
an egg carton 10 comprising:
a body 30 defining a plurality of egg-receiving cups 31 in at least two rows, the body having widthwise sides and lengthwise sides, each one of the widthwise sides having at least one prehension-ease opening 20 defined therein; and
a cover 60 configured to wrap around a top side, a bottom side, and the lengthwise sides of the egg carton ([0051]; fig. 5).
Lichtle fails to disclose ease openings extending at least 50% of the height of the body. Apps teaches the body 10 having widthwise sides and lengthwise sides, each one of the widthwise sides having at least one prehension-ease opening 36 defined therein and extending at least 50% of a height of the body ([0045]; fig. 4). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the openings of Lichtle to include the larger openings of Apps to house the product while maintaining adequate viewing.
Claims 41, 53. Lichtle-Apps discloses the package of claim 40, further comprising a row of pillars 33 dispersed between the at least two rows of the plurality of egg-receiving cups (Lichtle; [0051]).
Claims 42, 54, 57. Lichtle-Apps discloses the package of claim 41, wherein the row of pillars comprises at least one prehension-ease pillar 60 having a top surface that is lower than or at an apex of an egg in an adjacent one of the plurality of egg- receiving cups (Apps. fig. 10), and
wherein the top surface is lower than or at a widest point of the egg in the adjacent one of the plurality of egg-receiving cups (Lichtle; fig. 11).
Claims 44, 58. Lichtle-Apps discloses the package of claim 42, wherein the top surface comprises a central depression that is configured to allow a user's digit to enter the central depression to remove the egg from the egg-receiving cup. (apps; fig. 10)
Claims 45, 56. Lichtle-Apps discloses the package of claim 41, wherein the row of pillars comprises at least one support pillar having a support surface that is lower than or equal to the height of the body (Lichtle; fig. 5).
Claim 46. Lichtle-Apps discloses the package of claim 40, wherein the cover 60 comprises a top 71, side walls 72, and a bottom 60P that are configured to fold around the top side, the lengthwise sides, and the bottom side of the egg carton when in an assembled configuration [0051], and
wherein the bottom comprises a first flap 22L and a second flap 22L configured to overlap and fasten to each other when in the assembled configuration (Lichtle; [0054]).
Claim 51. Lichtle-Apps discloses the package of claim 40, wherein a height of the lengthwise sides of the egg carton is substantially equal to the height of the body (Lichtle; fig. 8).
Claim 59. Lichtle-Apps discloses the egg carton of claim 54, wherein each of the plurality of egg-receiving cups are adjacent to at least one of: a respective one of the at least one prehension-ease pillar or a respective one of the at least one prehension-ease opening (Lichtle; fig. 3-4).
Claim 60. Lichtle-Apps discloses the egg carton of claim 54, wherein the row of pillars further comprises at least one support pillar 38 having a support surface, wherein the support surface of the at least one support pillar is lower than or equal to the height of the body (Apps; fig. 1), and
wherein the support surface of the at least one support pillar is configured to engage with or support a cover (Apps; fig. 8).
Claims 63-64. Lichtle-Apps discloses the egg carton of claim 60, wherein the plurality of egg-receiving cups in at least two rows is twelve egg-receiving cups in two rows (Lichtle; fig. 9),
wherein the at least one prehension-ease pillar is three prehension-ease pillars in a first outermost position, a second outermost position, and a central position (Apps; fig. 1), and
wherein the at least one support pillar is two support pillars in a first penultimate position and a second penultimate position (Apps; fig. 10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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