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 the amendment filed 12/19/2025
Claims 1 and 9 have been amended and claims 14-20 have been added
Claims 1-20 are presented for examination
This action is Final
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) 1-8 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ford (US 11,027,905) in view of Galbierz et al. (US 5,590,776) in view of Bougoulas et al. (US 7,563,468).
Claims 1, 14. Ford discloses product handle 106 comprising:
a planar top face 17 having a first hole 37;
a planar bottom face 123 having a second hole 151;
wherein two substantially semicircular cuts A1, A2 are configured to join to form the second hole on the planar bottom surface (fig. 7, 9).
Ford fails to disclose first and second holes differing in diameter. Galbierz discloses a product handle comprising:
a planar top face 53 having a first hole 65;
a planar bottom face 59 having a second hole 77 with a diameter less than a diameter of the first hole (fig. 15);
wherein the first hole and the second hole are aligned such that a product held by the product handle can pass through the first hole and the second hole (fig. 14, 15), and
a planar front face 55; and
a planar rear face 57 (col. 12, ll. 6-43; fig. 14). 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 walls of planar surfaces of Ford to include the planar varying sized diameter holes of Galbierz to assist in accommodating the varying diameter of the stored container.
Ford-Galbierz fails to disclose a securing means. Bougoulas represents evidence of a top face wherein the planar top face 14 and the planar bottom face 11 are configured to be secured by releasable means 26, 28 when in a folded form (col. 3, ll. 60-67; col. 4, ll. 1-3; fig. 2). 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 panels of Ford-Galbierz to include the securing means of Bougoulas to assist in maintaining a closed configuration of the carrier when in use.
Claims 2, 15. Ford-Galbierz-Bougoulas discloses the product handle of claim 1, wherein the first hole and the second hole are concentrically aligned and the lesser diameter of the second hole is configured to fit between a product bottle and a product cap (Galbierz; fig. 14).
Claim 3. Ford-Galbierz-Bougoulas discloses the product handle of claim 1, wherein the first hole and the second hole are substantially circular (Ford; fig. 6).
Claim 4. Ford-Galbierz-Bougoulas discloses the product handle of claim 1, wherein the second hole is tapered such that a thickness of an edge of the second hole is less than a thickness of the remainder of the planar bottom face (Galbierz; fig. 15).
Claims 5, 17. Ford-Galbierz-Bougoulas discloses the product handle of claim 1, wherein the planar top face, the planar bottom face, the planar front face, and the planar rear face are made of a folded sheet of cardboard (Ford; col. 13, ll. 34-50).
Claims 6, 18. Ford-Galbierz-Bougoulas disclose the product handle of claim 1, wherein: the planar top face has a third hole of equal diameter as the first hole, the planar bottom face has a fourth hole of equal diameter as the second hole, and wherein the third hole and the fourth hole are aligned such that a second product held by the product handle can pass through the third hole and the fourth hole (Ford; fig. 6-7).
Claims 7, 16. Ford-Galbierz-Bougoulas discloses the product handle of claim 6, wherein: the third hole and the fourth hole are concentrically aligned and the lesser diameter of the second hole is configured to fit between a product bottle and a product cap, the third hole and the fourth hole are substantially circular, and the fourth hole is tapered such that a thickness of an edge of the fourth hole is less than a thickness of the remainder of the planar bottom face (Galbierz; fig. 13-14, 16).
Claims 8, 20. Ford-Galbierz-Bougoulas discloses the product handle of claim 7, wherein the planar top face, the planar bottom face, the planar front face, and the planar rear face are made of a folded sheet of cardboard (Ford; col. 13, ll. 34-50).
Claim 19. Ford-Galbierz-Bougoulas discloses the product handle of claim 18, wherein: the third hole and the fourth hole are concentrically aligned and the lesser diameter of the second hole is configured to fit between a product bottle and a product cap, the third hole and the fourth hole are substantially circular, and the fourth hole is tapered such that a thickness of an edge of the fourth hole is less than a thickness of the remainder of the planar bottom face (Galbierz; fig. 13-14, 16).
Claim(s) 9-11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ford (US 11,027,905) in view of Galbierz et al. (US 5,590,776) in view of Graser (US 3,897,873).
Claim 9, 14. Ford discloses product handle 106 comprising:
a planar member configured to be folded into the product handle, the planar member including:
a first hole 37;
a second hole 151;
a first pair of substantially semicircular cuts A1, A2 disposed on an opposite side of the pair of folding front edges from the first and second holes, respectively (fig. 7, 9).
Ford fails to disclose first and second holes differing in diameter. Galbierz teaches a product handle comprising: a planar member configured to be folded into the product handle, the planar member including: a first hole, a second hole,
a pair of folding front edges, each edge of the pair of folding front edges being parallel with the other edge of the pair of folding front edges, the pair of folding front edges being disposed on a first side of the first and second holes,
a pair of folding rear edges, each edge of the pair of folding rear edges being parallel with the other edge of the pair of folding rear edges, the pair of folding rear edges being disposed on a second side of the first and second holes (see annotated figure),
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a second pair of substantially semicircular cuts 73 disposed on an opposite side of the pair of folding rear edges from the first and second holes, respectively (fig. 16), and
a folding tab 103 extending from between the second pair of substantially semicircular cuts, wherein upon folding the planar member:
the pair of folding front edges are configured to form a planar front face,
the pair of folding rear edges are configured to form a planar rear face,
the first and second holes are configured to be disposed on a planar top face (see annotated figure above). 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 walls of Ford to include the planar surfaces of Galbierz to assist in protecting the sides of the product from damage.
Ford-Galbierz fails to disclose extending tab portions. Graser teaches the folding tab extending from between the second pair of substantially semicircular cuts 62 is configured to be releasably inserted into a slit in the planar front face to hold the product handle in a folded form (fig. 1-2). 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 panels of Ford-Galbierz to include the securing means of Graser to assist in maintaining a closed configuration of the carrier when in use.
Claim 10. Ford-Galbierz-Graser discloses the product handle of claim 9, wherein: the first hole and the third hole are concentrically aligned and the third hole has a lesser diameter than a diameter of the first hole, the diameter of the third hole being configured to fit between a first product bottle and a first product cap, and the second hole and the fourth hole are concentrically aligned and the fourth hole has a lesser diameter than a diameter of the second hole, the diameter of the fourth hole being configured to fit between a second product bottle and a second product cap (Galbierz; fig. 14).
Claim 11. Ford-Galbierz-Graser discloses the product handle of claim 10, wherein the third and fourth holes are tapered such that a thickness of an edge of the third and fourth holes is less than a thickness of the remainder of the planar bottom face (Galbierz; fig. 15).
Claim 12. Ford-Galbierz-Graser discloses the product handle of claim 11, wherein the planar top face, the planar bottom face, the planar front face, and the planar rear face are made of a folded sheet of cardboard (Ford; col. 13, ll. 34-50).
Claim 13. Ford-Galbierz-Graser discloses the product handle of claim 10, wherein:
the first hole 67 is of equal diameter as the second hole 69, the third hole 65 is of equal diameter as the fourth hole 65, and wherein:
the first hole and the third hole are aligned such that the first product held by the product handle can pass through the first hole and the third hole (fig. 14), and
the second hole and the fourth hole are aligned such that the second product held by the product handle can pass through the second hole and the fourth hole (Galbierz; fig. 13-14).
Response to Arguments
Applicant's arguments with respect to the claims have been considered but in view of the amendment the search has been updated, new prior art has been identified and applied, and a new rejection has been made.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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