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 19/274,230 filed 07/18/2025
Claim Rejections - 35 USC § 102
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 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(s) 21-23, 29-34 and 36-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Egly et al. (US 4,369,879).
Claim 21: Egly discloses a container comprising:
a first shell portion 12;
a second shell portion 14 sized and shaped to complement the first shell portion to define a product cavity (fig. 2); and
a bridging portion 16 coupled to the first shell portion at a first hinge 400 and the second shell portion at a second hinge 402, wherein the bridging portion is pivotable relative to each of the first shell portion at the first hinge and the second shell portion at the second hinge in a disassembled configuration and the bridging portion is pivotable relative to only one of the first shell portion at the first hinge and the second shell portion at the second hinge in an assembled configuration (col. 3, ll. 4-19; col. 6, ll. 6-25).
Figure 4 shows the bridging portion 16 hinged to an opposing shell portion. In this disassembled configuration, both hinges are pivotable about the bridge portion. Figure 2 shows an already configured single shell hinging only at a single opposing hinge in the assembled configuration. Figure 1 shows the final assembled carrier.
a fastener 300 permanently coupling the bridging portion to one of the first shell portion and the second shell portion in the assembled configuration (col. 5, ll. 31-55; fig. 4).
Claims 22, 23: Egly discloses the container of claim 21 wherein one of the first shell portion and the second shell portion is sized and shaped to house a product when the container is in an open configuration (abstract).
Claim 29: Egly discloses the container of claim 21, further comprising at least one securing member 82, 94 releasably coupling the first shell portion to the second shell portion in a closed configuration (col. 4, ll. 13-25).
Claim 30: Egly discloses the container of claim 29 wherein the securing member is configured for audible engagement (col. 4, ll. 13-25).
Claim 31: Egly discloses the container of claim 21 wherein an interior face of at least one of the first shell portion and the second shell portion comprises a branding area (fig. 5).
Claims 32: Egly discloses a method of manufacturing a container, the method comprising:
providing a mold shaped to define:
a first shell portion;
a second shell portion sized and shaped to complement the first shell portion to define a product cavity; and
a bridging portion coupled to the first shell portion at a first hinge and the second shell portion at a second hinge, wherein the bridging portion is pivotable relative to each of the first shell portion at the first hinge and the second shell portion at the second hinge in a disassembled configuration and the bridging portion is pivotable relative to one of the first shell portion at the first hinge and the second shell portion at the second hinge in an assembled configuration (col. 3, ll. 4-19; col. 6, ll. 6-25);
a tab 408 coupled to the bridging portion 16 and to one of the first shell portion or the second shell portion 14/26-28 in the assembled configuration (col. 6, ll. 6-25; fig. 3, 5-6)
forming the container using the mold; and
coupling permanently the bridging portion to one of the first shell portion and the second shell portion (col. 6, ll. 30-67; col. 7; ll. 1-5).
Figure 4 shows the bridging portion 16 hinged to an opposing shell portion. In this disassembled configuration, both hinges are pivotable about the bridge portion. Figure 2 shows an already configured single shell hinging only at a single opposing hinge in the assembled configuration. Figure 1 shows the final assembled carrier.
Claim 33: Egly discloses the method of claim 11 wherein one of the first shell portion and the second shell portion is sized and shaped to house a product when the container is in an open configuration (fig. 3, 6).
Claim 34: Egly discloses the method of claim 11 wherein each of the first shell portion and the second shell portion is sized and shaped to house a product when the container is in an open configuration (fig. 5, 6).
Claim 36: Egly discloses the method of claim 10 wherein the mold is further shaped to define at least one securing member releasably coupling the first shell portion to the second shell portion in a closed configuration (col. 4, ll. 13-25).
Claim 37: Egly discloses the method of claim 16 wherein the securing member is configured for audible engagement (col. 4, ll. 13-25).
Claim 38: Egly discloses the container of claim 32 wherein an interior face of at least one of the first shell portion and the second shell portion comprises a branding area (fig. 5).
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) 24-26, 28, 35 and 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Egly et al. (US 4,369,879) in view of Morita (US 5,154,287).
Claims 24-26: Egly discloses the container of claim 1 but fails to disclose a container where multiple products are able to be housed. Morita teaches the container of claim 1, further comprising a product comprising a plurality of articles 20a,b stacked side by side and at least one stadium member 42, 45 shaped to stagger an arrangement of the plurality of articles in the container (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 compartments Egly to include the configuration of Morita in order to store multiple products for consumer use.
Claim 28. Egly-Morita discloses the container of claim 25, wherein the product is coupled to the container (Morita; col. 7, ll. 50-60; fig. 2).
Claim 35: Egly discloses the container of claim 32 but fails to disclose a container where multiple products are able to be housed. Morita teaches the container of claim 1, further comprising a product comprising a plurality of articles 20a,b stacked side by side and at least one stadium member 42, 45 shaped to stagger an arrangement of the plurality of articles in the container (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 compartments Egly to include the configuration of Morita in order to store multiple products for consumer use.
Claim 39: Egly-Morita discloses the method of claim 32, comprising filling and coupling at least one of the first shell portion and the second shell portion with a product comprising a plurality of articles (Morita; fig. 3). 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 container housings of Egly to include the multi-product configuration of Morita to allow for less containers used while storing multiple products.
Claim 40: Egly discloses a container comprising:
a first shell portion 12;
a second shell portion 14 sized and shaped to complement the first shell portion to define a product cavity (fig. 2); and
a bridging portion 16 coupled to the first shell portion at a first hinge 400 and the second shell portion at a second hinge 402, wherein the bridging portion is pivotable relative to each of the first shell portion at the first hinge and the second shell portion at the second hinge in a disassembled configuration and the bridging portion is pivotable relative to only one of the first shell portion at the first hinge and the second shell portion at the second hinge in an assembled configuration (col. 3, ll. 4-19; col. 6, ll. 6-25).
Figure 4 shows the bridging portion 16 hinged to an opposing shell portion. In this disassembled configuration, both hinges are pivotable about the bridge portion. Figure 2 shows an already configured single shell hinging only at a single opposing hinge in the assembled configuration. Figure 1 shows the final assembled carrier.
a fastener 300 permanently coupling the bridging portion to one of the first shell portion and the second shell portion in the assembled configuration (col. 5, ll. 31-55; fig. 4).
Egly fails to disclose a container where multiple products are able to be housed. Morita teaches the container of claim 1, further comprising a product comprising a plurality of articles 20a,b and at least one stadium member 42, 45 shaped to stagger an arrangement of the plurality of articles in the container (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 compartments Egly to include the configuration of Morita in order to store multiple products for consumer use.
Allowable Subject Matter
Claim 27 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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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