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 1-36 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, line 7, reciting “a divider” defined by the previous “at least one divider panel” is double recitation. In line 9, “the front divider panel and the back divider panel” lacks antecedent basis.
As to claims 2 and 14, the redefinition of the already defined front and back divider panels contradicts parent claim 1.
In claims 7 and 19, line 1 of each, “at least one of…” references a group, so the alternative “or” in line 1 should be --and--.
In claim 13, line 8, and claim 25, line 9, “the front divider panel and the back divider panel” lacks antecedent basis.
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, 13 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valencia (12,071,281). Claims 1, 13 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zavatone (5,009,363). Claims 1-6, 13-18 and 25-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Levkoff (2,750,098). Claims 1-7, 13-19 and 25-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Casey (1,476,750). Claims 1-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NL 8701800. Each discloses a tray (100; made from 10; made from 1; Figure 5; Figure 7; respectively) for holding at least one food product(intended use), the tray made from a blank (10; 10; 1; Figure 1; Figure 1) utilizing a method whereas the final tray comprises a plurality of panels extending at least partially around an interior of the tray, the plurality of panels comprising a front side panel (24; one 26; 14; one vertical 4-4 combination; 15), at least one front end panel (24a and 24b; 22 adjacent the one 26; 21 and associated 23; panels 7 and 8 associated with the front end; 21s adjacent 15 and 12b and 14b), a front bottom panel (22; 18 adjacent the one 26; 10; one 3; 1b), at least one divider panel comprising a front divider panel (26; 14 adjacent the one 26; 8; one 2; 2b) and a back divider panel (44; 14 adjacent the other 26; 2; other 2; 2a), a back side panel (46; other 26; 16; other vertical 4-4 combination; 13), at least one back end panel (46a and 46b; another 22 adjacent the other 26; 20 and associated 23; panels 7 and 8 associated with back end; 21s associated with 13 and 12a and 14a), and a back bottom panel (42; 18 adjacent the other 26; 9; other 3; 1a), a plurality of end flaps (28, 30, 48 and 50; multiple 24 and 28; 6, 7, 25, 25; multiple panels 6 and 7; 12a, 14a, 26, 26, 12b, 14b) foldably connected to a respective panel of the plurality of panels, and a divider (26 and 44; 14 and 14; 8 and 2; 2 and 2; 2a and 2b) extending upwardly from the front bottom panel and the back bottom panel in the interior of the tray to form a front interior space (overlying 22; overlying one 18; overlying 10; overlying one 3; overlying 1b) and a back interior space (overlying 42; overlying the other 18; overlying 9; overlying the other 3; overlying 1a) in the interior of the tray, the divider comprising the front divider panel and the back divider panel. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
As to claims 2, 14 and 26, Levkoff, Casey and NL 8701800 each disclose the front and back divider panels in at least partial face-to-face contact.
As to claims 3, 15 and 27, Levkoff, Casey and NL 8701800 each disclose the front divider panel foldably connected to the back divider panel.
As to claims 4, 16 and 28, Levkoff, Casey and NL 8701800 each disclose the front divider panel foldably connected to the front bottom panel and the back divider panel foldably connected to the back bottom panel.
As to claims 5, 17 and 29, Levkoff and Casey and NL 8701800 each disclose the at least one front end panel (21 and associated 23; panels 7 associated with the front end; 12b and 14b) foldably connected to the front bottom panel (10; one 3; 1b) and the at least one back end panel (20 and associated 23; panels 7 associated with the back end; 12a and 14a) foldably connected to the back bottom panel (9; other 3; 1a).
As to claims 6, 18 and 30, Levkoff and Casey and NL 8701800 each disclose opposed first and second front end panels (21 and 21; 7 and 7; 12b and 14b) and opposed first and second back end panels (20 and 20; 7 and 7; 12a and 14a).
As to claims 7, 19 and 31, Casey and NL 8701800 each disclose at least one of the front side panel (one vertical 4-4 combination; 15) and the back side panel (other vertical 4-4 combination; 13) comprises a base portion (lowermost edges of 4; at 7 or 10) and a plurality of distal portions (8s; 21s) foldably connected to the base portion.
As to claims 8, 20 and 32, NL 8701800 discloses locking features, the locking features comprising at least one locking tab (18) extending from a respective panel of the plurality of panels tat least partially received in a locking opening (19) at least partially defined in a respective panel.
As to claims 9, 21 and 33, NL 8701800 discloses the at least one locking tab (18) extends from the front divider panel (2b) and the locking opening (19) is at least partially defined in the at least one front end panel (12b and 14b).
As to claims 10, 22 and 34, NL 8701800 discloses first and second locking openings (19 and 19) that align when folded and receive a respective locking tab therein (see Figure 12).
As to claims 11-12, 23-24 and 35-36, NL 8701800 discloses four locking openings (19) for receiving first and second locking tabs (18-18 and 18-18, see Figures 1, 3, 4 and 7).
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.
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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.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG
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