Prosecution Insights
Last updated: August 17, 2026
Application No. 19/375,465

METHOD AND SYSTEM FOR FORMING A PACKAGE

Non-Final OA §102§112
Filed
Oct 31, 2025
Priority
Nov 01, 2024 — provisional 63/714,935 +1 more
Examiner
RUSHING-TUCKER, CHINYERE J
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Graphic Packaging International Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
378 granted / 508 resolved
+4.4% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
18 currently pending
Career history
532
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 508 resolved cases

Office Action

§102 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. This Action is in response to the Application filed 10/31/2025 The status of the Claims is as follows: Claims 1-26 are pending and have been examined. Information Disclosure Statement The information disclosure statement (IDS) submitted on 04/30/2026 was filed after the mailing date of the Application on 10/31/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 9 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 9 recites the limitation "the breaker arm" in line 1 of the Claim. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-6, 9-13, 16-19, 22-25 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bonnain et al. (US 20240199259; Bonnain). Regarding Claim 1 Bonnain discloses a system for manipulating a blank into a construct, the system comprising: a conveyor configured to propagate a blank through the system, the blank having a main panel region connected to a trailing-edge tab at a fold line (par 33-38, 69-71); and a trailing-edge tab pre-break stage having: a cam (270) coupled to a rotatable shaft (330), the system configured to rotate the cam (270) at a first rotational velocity (par 181) during which the cam (270) contacts the trailing-edge tab and bends the trailing-edge tab along the fold line to an initial position that is at an obtuse angle with respect to the main panel (par 182), the system configured to subsequently rotate the cam (270) at a second rotational velocity during which the cam (270) bends the trailing-edge tab from the initial position to a final position where the trailing-edge tab is at least partially overlapped with the main panel, wherein the second rotational velocity is greater than the first rotational velocity. (par 181-182, 185-187) Regarding Claim 2 Bonnain discloses the invention as described above. Bonnain further discloses the cam bends the trailing-edge tab to the initial position and to the final position while the blank continuously propagates through the system at a constant velocity. (par 158, 182, 185) Regarding Claim 3 Bonnain discloses the invention as described above. Bonnain further discloses the trailing-edge tab is a first trailing-edge tab and wherein the fold line is a first fold line, the blank including a second trailing-edge tab connected to the main panel at a second fold line, and wherein the cam is a first cam (270), the trailing-edge tab pre-break stage further having: a second cam (320) coupled to the rotatable shaft (330), the system configured to simultaneously rotate the first and second cams at the first rotational velocity to simultaneously bend the first and second trailing-edge tabs along respective first and second fold lines to the initial position, the system configured to rotate the first (270) and second (320) cams at the second rotational velocity to simultaneously bend the first and second trailing-edge tabs to the final position. (par 181-182, 185-187) Regarding Claim 4 Bonnain discloses the invention as described above. Bonnain further discloses the rotatable shaft (330) is controlled by a servomotor. (par 180) Regarding Claim 5 Bonnain discloses the invention as described above. Bonnain further discloses the cam (270) includes a base (266) coupled to the shaft (330), the cam (270) further including an arcuate engagement finger extending from the base to a distal end. (Fig. 15) Regarding Claim 6 Bonnain discloses the invention as described above. Bonnain further discloses the blank includes a leading edge tab connected to the main panel at a leading edge tab fold line, the system further comprising a leading edge tab pre-break stage having a breaker arm (252) arranged to engage the leading edge tab as the blank continuously propagates through the system, the breaker arm (252) further arranged to maintain engagement with the leading edge tab until the leading edge tab is at least partially folded over the main panel then to disengage with the leading edge tab. (par 144-152) Regarding Claim 9 Bonnain discloses the invention as described above. Bonnain further discloses the breaker arm (252) further comprises an elongated arm culminating in a finder-like protrusion facing an engaged blank. (Fig. 13) Regarding Claim 10 Bonnain discloses a packaging system for assembling containers with a construct, the system comprising: a conveyor (par 107) configured to propagate a blank through a packager, the blank having a central panel region connected to a trailing-edge tab at a fold line; a trailing-edge tab pre-break stage having: a cam (270) coupled to a rotatable shaft (330), the system configured to rotate the cam at a first rotational velocity (par 181) during which the cam (270) contacts the trailing-edge tab and bends the trailing-edge tab along the fold line to an initial position that is at an obtuse angle with respect to the main panel (par 182), the system configured to subsequently rotate the cam (270) at a second rotational velocity during which the cam bends the trailing-edge tab from the initial position to a final position where the trailing-edge tab is at least partially overlapped with the main panel, wherein the second rotational velocity is greater than the first rotational velocity; (par 181-182, 185-187) a container feed stage configured to insert a plurality of containers into orifices disposed in the central panel (par 104); and a clipping stage configured to clip cap-enclosing panels over one or more containers. (par 105) Regarding Claim 11 Bonnain discloses the invention as described above. Bonnain further discloses the cam bends the trailing-edge tab to the initial position and to the final position while the blank continuously propagates through the system at a constant velocity. (par 158, 182, 185) Regarding Claim 12 Bonnain discloses the invention as described above. Bonnain further discloses the trailing-edge tab is a first trailing-edge tab and wherein the fold line is a first fold line, the blank including a second trailing-edge tab connected to the main panel at a second fold line, and wherein the cam is a first cam, the trailing-edge tab pre-break stage further having: a second cam (320) coupled to the rotatable shaft (330), the system configured to simultaneously rotate the first and second cams at the first rotational velocity to simultaneously bend the first and second trailing-edge tabs along respective first and second fold lines to the initial position, the system configured to rotate the first (270) and second cams (320) at the second rotational velocity to simultaneously bend the first and second trailing-edge tabs to the final position. (par 181-182, 185-187) Regarding Claim 13 Bonnain discloses the invention as described above. Bonnain further discloses the blank includes a leading edge tab connected to the main panel at a leading edge tab fold line, the system further comprising a leading edge tab pre-break stage having a breaker arm (252) arranged to engage the leading edge tab as the blank continuously propagates through the system, the breaker arm (252) further arranged to maintain engagement with the leading edge tab until the leading edge tab is at least partially folded over the main panel then to disengage with the leading edge tab. (par 144-152) Regarding Claim 16 Bonnain discloses the invention as described above. Bonnain further discloses the at least one blank further comprises a central panel with eight orifices for engaging eight containers. (fig. 15) Regarding Claim 17 Bonnain discloses the invention as described above. Bonnain further discloses the at least one blank further comprises a central panel with six orifices for engaging six containers. (par 31) Regarding Claim 18 Bonnain discloses a method of forming a package comprising: receiving a blank having a central panel with a plurality of orifices and cap enclosing panels connected to the central panel along fold lines; (fig. 1) propagating the blank through a conveyance system at a constant velocity; (par 151) inserting a plurality of containers through the orifices such that caps of the containers extend through the central panel; (par 104) and performing a pre-break procedure on trailing-edge tabs of the blank by rotating a cam (270) at a first rotational velocity to bend the trailing-edge tabs to an initial position at an obtuse angle with respect to the central panel (par 182), then rotating the cam (270) at a second rotational velocity different from the first rotational velocity to bend the trailing-edge tabs to a final position where the trailing-edge tabs are at least partially overlapped with the central panel. (par 181-182, 185-187) Regarding Claim 19 Bonnain discloses the invention as described above. Bonnain further discloses performing a leading-edge pre-break procedure by engaging leading-edge tabs of the blank with breaker arms (252) that maintain contact with the leading-edge tabs until the leading-edge tabs are at least partially folded over the central panel. (par 144-152) Regarding Claim 22 Bonnain discloses the invention as described above. Bonnain further discloses controlling a servomotor to generate rotational velocities of the cam. ​ ​​(par 180) Regarding Claim 23 Bonnain discloses a method of forming a package comprising: conveying a blank having a central panel connected to trailing-edge tabs at fold lines through a packaging system; engaging the trailing-edge tabs with cams (270, 320) mounted on a rotatable shaft (330); rotating the cams (270, 320) at a first velocity to bend the trailing-edge tabs along the fold lines to an obtuse angle position; (par 181) rotating the cams at a second velocity different from the first velocity to fold the trailing-edge tabs forward in a direction of blank propagation; (par 181-182, 185-187) inserting containers into orifices formed in the central panel; (par 104) folding cap enclosing panels connected to the central panel through multiple folding stages to create panel sections that encapsulate container caps and neck regions; (par 105) and clipping the panel sections to secure the cap enclosing panels to the containers. (par 104-107) Regarding Claim 24 Bonnain discloses the invention as described above. Bonnain further discloses maintaining the blank at a constant propagation velocity throughout the pre-break procedure and folding operations. (par 151) Regarding Claim 25 Bonnain discloses the invention as described above. Bonnain further discloses folding the cap enclosing panels comprises operating a sequence of plows positioned at different angles to create panel sections that progressively conform to container geometries. (par 170) Allowable Subject Matter Claims 7-8, 14-15, 20-21 and 26 are 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. Regarding Claim 7 the Prior Art does not teach a tamper wheel including an outer rolling surface interrupted by a recess aligned with the trailing-edge tab. Regarding Claim 14 the Prior Art does not teach a tamper wheel positioned after the trailing-edge tab pre-break stage, including an outer rolling surface interrupted by a recess aligned with the trailing-edge tab. Regarding Claim 20 the Prior Art does not teach tamping the trailing-edge tabs using a tamper wheel having an outer rolling surface with a recess, rotating at a velocity matched to the propagation velocity of the blank and increases rotational velocity when the recess aligns with the trailing-edge tabs. Regarding Claim 26 the Prior Art does not teach reinforcing fold lines in the trailing-edge tabs using tamper wheels with recesses that align with the tabs during rolling contact with the blank. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINYERE J RUSHING-TUCKER whose telephone number is (571)270-5944. The examiner can normally be reached 4 pm - 11:59 pm Monday - Friday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731
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Prosecution Timeline

Oct 31, 2025
Application Filed
Jun 11, 2026
Non-Final Rejection mailed — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Aug 11, 2026
Patent 12692035
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2y 7m to grant Granted Jul 28, 2026
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AUTONOMOUS PACKAGING MACHINE AND A METHOD THEREOF
1y 7m to grant Granted Jul 28, 2026
Patent 12686521
Apparatus and Method for the Follow-Up Treatment of Container Products
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Patent 12679580
WRAPPING MACHINE FOR WRAPPING A PALLETIZED LOAD
2y 2m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
86%
With Interview (+11.2%)
3y 0m (~2y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 508 resolved cases by this examiner. Grant probability derived from career allowance rate.

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