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 .
Election/Restrictions
Applicant’s election without traverse of Species 3 (Figures 13-17) in the reply filed on 6/8/2026 is acknowledged. In the reply, Applicant indicated that claims 1-2 and 4-12 encompass the elected species. Claim 3 is withdrawn from consideration.
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.
Claim 6 is 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 6 recites the limitation "each transverse pair of containers" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Borg et al. (US 2019/0329951).
Regarding claim 1, Borg discloses a container carrier (at 200 in Fig. 7) for unitizing a plurality of containers, the container carrier comprising: a first engagement means (See Fig. 8 labeled below) capable of engaging and retaining a can; a second engagement means (See Fig. 8 labeled below) capable of engaging and retaining an adjacent pair of bottles, wherein the first engagement means and the second engagement means are generally superimposed upon each other.
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Claims 1-2 and 4-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gooding (US 3,346,106).
Regarding claim 1, Gooding discloses a container carrier (See Fig. 1) for unitizing a plurality of containers, the container carrier comprising: a first engagement means (at 24/35) configured to engage and retain a can (as shown in Figs. 1 and 7); a second engagement means (at 32) capable of engaging an adjacent pair of bottles (depending on the type/size/shape of the bottles), wherein the first engagement means and the second engagement means are generally superimposed upon each other.
Regarding claim 2, Gooding discloses the first engagement means comprises container receiving fittings (at 35) configured to engage with a chime of a can and the second engagement means comprises an oval aperture (at 32 in Fig. 1) capable of engaging with a neck of each of the adjacent pair of bottles (depending on the type/size/shape of the bottles).
Regarding claim 4, Gooding discloses the first engagement means comprises two or more arcuate clips (at 35/36) and the second engagement means comprises an oval aperture capable of accommodating at least two bottles (depending on the type/size/shape of the bottles).
Regarding claim 5, Gooding discloses a pair of gripping apertures (at 28 and 28 at the right and left ends of Fig. 2) formed along a center axis (at 6-6 in Fig. 2) of the container carrier.
Regarding claim 6, Gooding discloses the arcuate clips and a portion of the oval aperture are each formed in transverse ranks for each transverse pair of containers (as shown in Fig. 2).
Regarding claim 7, Gooding discloses a container carrier (See Fig. 1) for unitizing a plurality of containers, the container carrier comprising: a pair of container engaging fittings (at 35/36 in Fig. 7) that are configured to engage a pair of cans arranged in transverse ranks for each transverse pair of containers; and an oval aperture (at 32) positioned within the pair of container engaging fittings that are configured to alternatively engage a pair of bottles (depending on the type/size/shape of the bottles).
Regarding claim 8, Gooding discloses a portion of the oval aperture is positioned within each transverse rank and extends between each transverse pair of container engaging fittings.
Regarding claim 9, Gooding discloses the pair of container engaging fittings comprise a set of downwardly extending arcuate clips (at 35).
Regarding claim 10, Gooding discloses a pair of gripping apertures (at 28 and 28 at the right and left ends of Fig. 2) formed along a center axis (at 6-6 in Fig. 2) of the container carrier.
Regarding claim 11, Gooding discloses the gripping aperture is formed as a ring between each four of the container receiving fittings to provide an opening for grasping the multipack.
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.
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gooding (US 3,346,106) as applied to claim 7 above, in view of Borg et al. (US 2021/0245940). Gooding discloses the claimed invention except for the specific material of the container carrier. However, Borg teaches it is well known in the art for a container carrier to be formed from an HDPE material for the purpose of providing the benefit of being recyclable ([0064]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container carrier of Gooding to be formed from an HDPE material as taught by Borg in order to provide the benefit of being recyclable. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
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