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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “outer box” recited in claim 13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 7, 15, and 17 are objected to because of the following informalities:
At claim 7, line 2: “first tab” should read “the first tab”;
At claim 15, line 5: “edge the body” should read “edge of the body”;
At claim 15, line 8: “edge the body” should read “edge of the body”;
At claim 17: “the body ais constructed” should read “the body is constructed”.
Appropriate correction 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 2008/0197037 to O’Brien et al. (hereinafter, “O’Brien”) in view of U.S. Pub. 2022/0340326 to Nakamura et al. (hereinafter, “Nakamura”) and U.S. Pat. 6,047,884 to Smith et al. (hereinafter, “Smith”).
Regarding claim 1, O’Brien discloses an enclosure (enclosure formed by shipping protector portions 10, 10’, see Figs. 9, 16) for holding an item (bottle 112, Figs. 9, 16), the enclosure comprising: a first section (protector portion 10, Fig. 9) including a first body (body of protector portion 10) with a first cavity (bottle receiving bay 12, Fig. 1); a second section (protector portion 10’, Fig. 9) movably connected to the first section (para. [0047]), the second section (protector portion 10’) including a second body (body of protector portion 10’) with a second cavity (bottle receiving bay 12, see Figs. 1, 9); wherein the second section (protector portion 10’) is movable relative to the first section (protector portion 10, para. [0047]) between an open position (see Fig. 9) where the first cavity (bottle receiving bay 12) and the second cavity (bottle receiving bay 12) are exposed (see Fig. 9) and a closed position (see Fig. 16) where first cavity (bottle receiving bay 12) is aligned with the second cavity (bottle receiving bay 12) to form an enclosed volume (see Fig. 16).
O’Brien does not expressly disclose a first tab connected to the first body; and a second tab connected to the second body.
Nakamura teaches a similar enclosure for holding an item (see e.g., Figs. 3-4) comprising a first body and a second body (supports 106, Figs. 3-4). Nakamura teaches the first body (top support 106 in Figs. 3-4) has a first tab (leg 118, annotated Fig. 3 below) connected to an upper end of the first body (see Figs. 3-4) and a third tab (leg 118, annotated Fig. 3) connected to a lower end of the first body (see Figs. 3-4). Nakamura teaches the second body (bottom support 106 in Figs. 3-4) has a second tab (leg 118, annotated Fig. 3) connected to an upper end of the second body and a fourth tab (leg 118, annotated Fig. 3) connected to a lower end of the second body (see Figs. 3-4). Nakamura teaches the first tab (leg 118) is movable relative to the first body (support 106) between a first position parallel to the first body (Fig. 1) and a second position perpendicular to the first body (Figs. 2-4). Nakamura teaches the second tab (leg 118) is movable relative to the second body (support 106) to a third position parallel to the second body (Fig. 1) and a fourth position perpendicular to the second body (Figs. 2-4). Nakamura teaches the first tab (annotated Fig. 3) is coplanar with the second tab (annotated Fig. 3) when the first tab (annotated Fig. 3) is in the second position (see Fig. 3) and the second tab (annotated Fig. 3) is in the fourth position (see Fig. 3). Nakamura teaches the first tab (leg 118) is biased to a first initial position having a greater than 90 degree angle relative to the first body (see Fig. 1) by a first joint (edge 120, Fig. 1; para. [0040]) and the second tab (leg 118) is biased to a second initial position having a greater than 90 degree angle relative to the second body (see Fig. 1) by a second joint (edge 120, Fig. 1; para. [0040]). Nakamura further teaches that this movable tab arrangement permits the enclosure to be stored more easily when not in use, but securely suspends the enclosure within an outer box to provide additional protection for the contents when in use (para. [0042]).
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Nakamura Annotated Figure 3
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the enclosure of O’Brien to add movable first, second, third, and fourth tabs to the first and second bodies as taught by Nakamura for the purpose of providing additional protection for the contents of the enclosure and permitting easy storage, as recognized by Nakamura (see para. [0042]).
O’Brien as modified by Nakamura does not expressly disclose the first tab including a first cutout, the second tab including a second cutout and wherein the first tab and the second tab are configured to be oriented to expose the first cutout and the second cutout.
Smith teaches a similar enclosure for holding an item within an outer box (Abstract, Fig. 1). Smith teaches a plurality of movable tabs (see e.g., Fig. 15). Smith teaches that the tabs may include a semi-circular cutout (notch 89, Figs. 15-19). Smith teaches that the cutouts assist in opening the enclosure, and permits a user to view through the tab (col. 7, ll. 5-8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the enclosure of O’Brien/Nakamura to add a semi-circular cutout to each of the first, second, third, and fourth tabs as taught by Smith for the purpose of assisting in opening the enclosure and permitting a user to view through the tab, as recognized by Smith (col. 7, ll. 5-8). The enclosure of O’Brien/Nakamura as modified by Smith would have the first and second tabs configured to be oriented to expose the first and second cutouts.
Regarding claim 2, O’Brien further discloses the first body (protector portion 10) and the second body (protector portion 10’) are integrally formed (para. [0047]).
Regarding claim 3, O’Brien further discloses the first body (body of protector portion 10) and the second body (body of protector portion 10’) are constructed from a molded fiber (paras. [0039], [0057]).
Regarding claim 4, O’Brien as modified by Nakamura and Smith already includes the first cutout and the second cutout have a semi-circular shape (Smith, Fig. 15).
Regarding claim 5, O’Brien as modified by Nakamura and Smith already includes the first tab (Nakamura, annotated Fig. 3) is connected to an upper end of the first body (Nakamura, Figs. 3-4) and the second tab (Nakamura, annotated Fig. 3) is connected to an upper end of the second body (Nakamura, Figs. 3-4), the enclosure further comprising: a third tab (Nakamura, annotated Fig. 3) connected to a lower end of the first body (Nakamura, Figs. 3-4), the third tab including a third cutout (Smith, Fig. 15); and a fourth tab (Nakamura, annotated Fig. 3) connected to the lower end of the second body (Nakamura, Figs. 3-4), the fourth tab including a fourth cutout (Smith, Fig. 15).
Regarding claim 6, O’Brien as modified by Nakamura and Smith already includes the first tab (Nakamura, annotated Fig. 3) is movable relative to the first body between a first position parallel to the first body (Nakamura, Fig. 1) and a second position perpendicular to the first body (Nakamura, Figs. 2-4); and the second tab (Nakamura, annotated Fig. 3) is movable relative to the second body a third position parallel to the second body (Nakamura, Fig. 1) and a fourth position perpendicular to the second body (Nakamura, Figs. 2-4).
Regarding claim 7, O’Brien as modified by Nakamura and Smith already includes the first tab (Nakamura, annotated Fig. 3) is coplanar with the second tab (Nakamura, annotated Fig. 3) when the first tab (Nakamura, annotated Fig. 3) is in the second position (Nakamura, see Fig. 3) and the second tab (Nakamura, annotated Fig. 3) is in the fourth position (Nakamura, see Fig. 3); and the first cutout (Smith, notch 89) and the second cutout (Smith, notch 89) are disposed opposite one another when the first tab (Nakamura, annotated Fig. 3) is in the second position (Nakamura, Fig. 3) and the second tab (Nakamura, annotated Fig. 3) is in the fourth position (Nakamura, Fig. 3).
Regarding claim 8, O’Brien as modified by Nakamura and Smith already includes the first tab (Nakamura, annotated Fig. 3) is biased to a first initial position having a greater than 90 degree angle relative to the first body (Nakamura, see Fig. 1) by a first joint (Nakamura, edge 120, Fig. 1; para. [0040]); and the second tab (Nakamura, annotated Fig. 3) is biased to a second initial position having a greater than 90 degree angle relative to the second body (Nakamura, see Fig. 1) by a second joint (Nakamura, edge 120, Fig. 1; para. [0040]).
Regarding claim 9, O’Brien discloses a method for using an enclosure (enclosure formed by shipping protector portions 10, 10’, see Figs. 9, 16), the method comprising: opening a body of the enclosure (protector portions 10, 10’, see Fig. 9) to expose a first cavity half (bottle receiving bay 12, see Fig. 9) and a second cavity half (bottle receiving bay 12, see Fig. 9), wherein the first cavity half (bottle receiving bay 12, see Fig. 9) and the second cavity half (bottle receiving bay 12, see Fig. 9) are configured to receive an item (bottle 112, Figs. 9, 16); closing the body of the enclosure (see Fig. 16) to form a bounded volume (volume holding bottle 112) defined by the first cavity half and the second cavity half (see Fig. 16), wherein the bounded volume (volume holding bottle 112) is configured to retain the item (bottler 112).
O’Brien does not expressly disclose moving a first tab from a position parallel to the body to a position perpendicular to the body; moving a second tab from a position parallel to the body to a position perpendicular to the body.
Nakamura teaches a similar method for using an enclosure for holding an item (see e.g., Figs. 3-4) comprising a first body and a second body (supports 106, Figs. 3-4). Nakamura teaches moving a first tab from a position parallel to the body (Fig. 1) to a position perpendicular to the body (Figs. 2-4) and moving a second tab (annotated Fig. 3) from a position parallel to the body to a position perpendicular to the body (Figs. 2-4; para. [0042]). Nakamura teaches moving a third tab (annotated Fig. 3) from a position parallel to the body (Fig. 1) to a position perpendicular to the body (Figs. 2-4), and moving a fourth tab (annotated Fig. 3) from a position parallel to the body (Fig. 1) to a position perpendicular to the body (Figs. 2-4; para. [0042]). Nakamura further teaches inserting the body into an outer box (outer box 104, Fig. 4) when the first tab (annotated Fig. 3) and the second tab (annotated Fig. 3) are perpendicular to the body (see Fig. 4). Nakamura further teaches that this movable tab arrangement permits the enclosure to be stored more easily when not in use, but securely suspends the enclosure within an outer box to provide additional protection for the contents when in use (para. [0042]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of O’Brien to add moving first, second, third, and fourth tabs from a position parallel to the body to a position perpendicular to the body as taught by Nakamura for the purpose of providing additional protection for the contents of the enclosure and permitting easy storage, as recognized by Nakamura (see para. [0042]).
O’Brien as modified by Nakamura does not expressly disclose the first tab including a first cutout and the second tab including a second cutout.
Smith teaches a similar enclosure for holding an item within an outer box (Abstract, Fig. 1). Smith teaches a plurality of movable tabs (see e.g., Fig. 15). Smith teaches that the tabs may include a semi-circular cutout (notch 89, Figs. 15-19). Smith teaches that the cutouts assist in opening the enclosure, and permits a user to view through the tab (col. 7, ll. 5-8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of O’Brien/Nakamura to add a semi-circular cutout to each of the first, second, third, and fourth tabs as taught by Smith for the purpose of assisting in opening the enclosure and permitting a user to view through the tab, as recognized by Smith (col. 7, ll. 5-8).
Regarding claim 10, O’Brien further discloses the body (protector portions 10, 10’) is formed from molded fiber (paras. [0039], [0057]).
Regarding claim 11, O’Brien as modified by Nakamura and Smith already includes the first cutout and the second cutout are semi- circular in shape (Smith, Fig. 15).
Regarding claim 12, O’Brien as modified by Nakamura and Smith already includes moving a third tab (Nakamura, annotated Fig. 3) from a position parallel to the body (Nakamura, Fig. 1) to a position perpendicular to the body (Nakamura, Figs. 2-4), the third tab (Nakamura, annotated Fig. 3) including a third cutout (Smith, notch 89); and moving a fourth tab (Nakamura, annotated Fig. 3) from a position parallel to the body (Nakamura, Fig. 1) to a position perpendicular to the body (Nakamura, Figs. 2-4), the fourth tab (Nakamura, annotated Fig. 3) including a fourth cutout (Smith, notch 89).
Regarding claim 13, O’Brien as modified by Nakamura and Smith already includes inserting the body into an outer box (Nakamura, outer box 104, Fig. 4) when the first tab (Nakamura, annotated Fig. 3) and the second tab (Nakamura, annotated Fig. 3) are perpendicular to the body (Nakamura, see Fig. 4).
Regarding claim 14, O’Brien as modified by Nakamura and Smith does not expressly disclose the first cutout and the second cutout are oriented proximate to an opening of the outer box and are configured to be grasped.
However, Nakamura teaches a further embodiment in which the body includes a tab (legs 224, Figs. 12-13) having a cutout (opening 225, Figs. 12-13). This embodiment of Nakamura teaches that the cutout is oriented proximate to an opening of the outer box (see Fig. 13; para. [0046]). The cutout is capable of being grasped (see Fig. 13, paras. [0046]-[0047]). Nakamura teaches that the cutout provides a window to view past the tab (para. [0046]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of O’Brien/Nakamura/Smith to orient the body within the outer container such that the first and second cutouts are proximate to the opening of the outer box as taught by Nakamura for the purpose of providing a window to view past the tabs, as recognized by Nakamura (para. [0046]).
Regarding claim 15, O’Brien discloses an enclosure (enclosure formed by shipping protector portions 10, 10’, see Figs. 9, 16) for holding an item (bottle 112, Figs. 9, 16), the enclosure comprising: a body (protector portions 10, 10’, Fig. 9) having a cavity (bottle receiving bay 12, Fig. 1) configured to house an item (bottler 112).
O’Brien does not expressly disclose a first tab having a first edge connected to an upper edge of the body and a second edge opposite to the first edge, the first tab being movably connected to the upper edge the body; and a second tab having a third edge connected to the upper edge of the body and a fourth edge opposite to the third edge, the second tab being movably connected to the upper edge the body, wherein the first tab is movable between a first position parallel to a surface of the body and a second position perpendicular to the surface of the body; and wherein the second tab is movable between a third position parallel to the surface of the body and a fourth position perpendicular to the surface of the body.
Nakamura teaches a similar enclosure for holding an item (see e.g., Figs. 3-4) comprising a body for holding an item and having a cavity (supports 106, Figs. 3-4). Nakamura teaches the body (support 106 in Figs. 3-4) has a first tab (leg 118, annotated Fig. 3 above) having a first edge connected to an upper edge of the body and a second edge opposite to the first edge (see annotated Fig. 3). Nakamura teaches the first tab is movably connected to the upper edge of the body (see Figs. 1-4). Nakamura teaches a second tab (annotated Fig. 3) having a third edge connected to the upper edge of the body (annotated Fig. 3) and a fourth edge opposite to the third edge (annotated Fig. 3). Nakamura teaches the second tab is movably connected to the upper edge of the body (see Figs. 1-4). Nakamura teaches the first tab (annotated Fig. 3) is movable between a first position parallel to a surface of the body (see Fig. 1) and a second position perpendicular to the surface of the body (see Figs. 2-4). Nakamura teaches the second tab is movable between a third position parallel to the surface of the body (see Fig. 1) and a fourth position perpendicular to the surface of the body (see Figs. 2-4). Nakamura teaches the second edge (annotated Fig. 3) and the fourth edge (annotated Fig. 3) are configured to be 180 degrees apart when the first tab is in the second position (see Fig. 3) and the second tab is in the fourth position (see Fig. 3). Nakamura teaches the first tab (annotated Fig. 3) is connected to a first section (see Figs. 3-4) and the second tab (annotated Fig. 3) is connected to the second section (see Figs. 3-4). Nakamura further teaches that this movable tab arrangement permits the enclosure to be stored more easily when not in use, but securely suspends the enclosure within an outer box to provide additional protection for the contents when in use (para. [0042]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the enclosure of O’Brien to add movable first, second, third, and fourth tabs to the first and second bodies as taught by Nakamura for the purpose of providing additional protection for the contents of the enclosure and permitting easy storage, as recognized by Nakamura (see para. [0042]).
O’Brien as modified by Nakamura does not expressly disclose the second edge including a first cutout, the fourth edge including a second cutout.
Smith teaches a similar enclosure for holding an item within an outer box (Abstract, Fig. 1). Smith teaches a plurality of movable tabs (see e.g., Fig. 15). Smith teaches that the tabs may include a semi-circular cutout (notch 89, Figs. 15-19). Smith teaches that the cutouts assist in opening the enclosure, and permits a user to view through the tab (col. 7, ll. 5-8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the enclosure of O’Brien/Nakamura to add a semi-circular cutout to each of the first, second, third, and fourth tabs as taught by Smith for the purpose of assisting in opening the enclosure and permitting a user to view through the tab, as recognized by Smith (col. 7, ll. 5-8).
Regarding claim 16, O’Brien as modified by Nakamura already includes the second edge (Nakamura, annotated Fig. 3) and the fourth edge (Nakamura, annotated Fig. 3) are configured to be 180 degrees apart (Nakamura, see Fig. 3) when the first tab is in the second position (Nakamura, see Fig. 3) and the second tab is in the fourth position (Nakamura, see Fig. 3).
Regarding claim 17, O’Brien further discloses the body (protector portions 10, 10’) is constructed from a molded fiber (paras. [0039], [0057]).
Regarding claim 18, O’Brien as modified by Nakamura and Smith already includes the first cutout and the second cutout have a semi-circular shape (Smith, Fig. 15).
Regarding claim 19, O’Brien further discloses the body (protector portions 10, 10’) includes a first section (protector portion 10, Fig. 9) and a second section (protector portion 10’, Fig. 9) movable relative to the first section (para. [0047]) between an open position (see Fig. 9) and a closed position (see Fig. 16), and wherein the cavity (bottle receiving bay 12) includes a bounded volume in the closed position (see Fig. 16).
Regarding claim 20, O’Brien as modified by Nakamura already includes the first tab (Nakamura, annotated Fig. 3) is connected to the first section (Nakamura, see Fig. 3) and the second tab (Nakamura, annotated Fig. 3) is connected to the second section (Nakamura, see Fig. 3), and wherein the first section and the second section are integrally formed (O’Brien, para. [0047]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Pat. 2,993,587 to Stone et al. discloses an enclosure comprising a first body with a first cavity and a second body with a second cavity, each of the first and second bodies having movable tabs (see Figs. 1-4).
U.S. Pat. 4,606,460 to Luray discloses an enclosure comprising a first body with a first cavity and a second body with a second cavity, each of the first and second bodies having movable tabs (see e.g., Figs. 1-4).
U.S. Pat. 5,577,614 to Palmeroni et al. discloses an enclosure comprising a first body with a first cavity and a second body with a second cavity, the first and second bodies movable attached to one another (see Figs. 1-4).
U.S. Pub. 2005/0224390 to Auclair discloses an enclosure comprising a tab with a semi-circular cutout to allow a user to lift the tab (see Figs. 1-13; paras. [0031], [0037]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA E. PARKER/Primary Examiner, Art Unit 3733
