Ex Parte Coltri-JohnsonDownload PDFPatent Trial and Appeal BoardJun 7, 201613613468 (P.T.A.B. Jun. 7, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 13/613,468 09/13/2012 Andrea Coltri-Johnson 26158 7590 06/09/2016 WOMBLE CARLYLE SANDRIDGE & RICE, LLP ATTN: IP DOCKETING P.O. BOX 7037 ATLANTA, GA 30357-0037 UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. R029 12970US.Cl 2598 EXAMINER TAWFIK, SAMEH ART UNIT PAPER NUMBER 3721 NOTIFICATION DATE DELIVERY MODE 06/09/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): IPDocketing@WCSR. COM PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte ANDREA COLTRI-JOHNSON Appeal2014-005349 1 Application 13/613,468 Technology Center 3700 Before JENNIFERD. BAHR, LINDAE. HORNER, and BRANDON J. WARNER, Administrative Patent Judges. HORNER, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Andrea Coltri-Johnson (Appellant) seeks our review under 35 U.S.C. § 134 of the Examiner's decision rejecting claims 1-7, 13, 15-19, and 21- 28.2 We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 The present appeal is related to Appeal 2013-007812, decided July 24, 2015, in related Application 11/729,375. 2 Claims 8-12, 14, and 20 have been withdrawn from consideration and are not before us in the present appeal. Appeal2014-005349 Application 13/613,468 CLAIMEn SURJECT MATTER Appellant's claimed subject matter relates to"[ c ]arrier packages ... formed by wrapping a carrier blank around a group of containers." Spec., para. 3. Claim 1 is the sole independent claim on appeal and is reproduced below. 1. A method of erecting a carrier package, comprising: obtaining a blank; forming a substantially tubular form from the blank, the substantially tubular form having a first height and a first width; and loading containers into the substantially tubular form, wherein the loading the containers into the substantially tubular form causes the first height of the substantially tubular form to decrease to a second height, and the first width to increase to a second width. EVIDENCE The Examiner relied upon the following evidence: Graser Langen us 4,508,258 us 4,936,077 REJECTION3 Apr. 2, 1985 June 26, 1990 Appellant appeals from the Final Action, dated July 25, 2013, in which the Examiner rejected claims 1-7, 13, 15-19, and 21-28 under 35 U.S.C. § 103(a) as unpatentable over Langen and Graser. 3 The Examiner withdrew a rejection of claims 1-7 and 15-17 under 35 U.S.C. § 102(a) as anticipated by Graser and a rejection of claims 13, 18, 19, and 21-28 under 35 U.S.C. § 103(a) as unpatentable over Graser and Langen. Ans. 2. 2 Appeal2014-005349 Application 13/613,468 ANALYSIS The Examiner found that Langen discloses a method of erecting a carrier package that includes loading containers into a blank having a substantially tubular form. Final Act. 5 (citing Langen, Figs. 1, 2). The Examiner found that Langen does not disclose obtaining a blank, forming the blank into a substantially tubular form, or that the "loading step causes a first height of the tubular form to decrease and a first width to increase." Id. at 6. However, the Examiner found that: Graser discloses a similar method with the steps of obtaining a blank (Figs. 5 and 6), form[ing] ... [a] tubular form from the blank (Figs. 2--4 ), [wherein the] loading step causes a first height of the tubular form to decrease and a first width to increase, see for example (Fig. 2, via sloped/curved [end panels] 142 and 150; and/or column 1, lines 50-57[,] "the dust flaps can be revolved during the filling operation", by adjusting and revolving the flaps an adjustment[] will take place to the tubular form). Note, Fig. 2 clearly show[ s] [a] decrease in the height while showing [an] increase in the width via curved/slopped [sic] [end panels] 142 and 150. Id. at 6-7. The Examiner determined that it would have been obvious to modify the method of Langen to include the steps of obtaining a blank, forming the blank into a tubular form, and loading the containers into the tubular form such that height of the tubular form decreases and the width of the tubular form increases "in order to come up with an improved loading step via adjusting a carton to easily accommodate containers." Id. at 7. Appellant argues, inter alia, that "Graser does not disclose that inserting cans and bottles, respectively, into the cartons 10, 116 changes the height or width of the respective carton" and that "Graser completely lacks any showing or suggestion of loading containers into a substantially tubular form causing the first height to decrease and the first width to increase." 3 Appeal2014-005349 Application 13/613,468 Appeal Rr. 8. In particular, Appellant asserts that the Examiner "has not provided any support for the assertion that Graser discloses that the height of the carton 116 decreases." Id. at 9. According to Appellant, Graser's "end panels 142, 150 are closed after the carton is filled, [and thus] the position of the end panels 142, 150 at the end of the carton is not caused by the loading of the bottles." Id. (citing Graser, col. 6, 11. 38--40). The Examiner responds that "having the cans [i]n the carton will [a]ffect the dimensions of the carton, as clearly shown in Fig. 2, via [end panels] 142 and 150 [which are] capable of making the carton adjustable in height and width based on the loaded cans." Ans. 5---6. The Examiner maintains that Graser's end panels 142, 150 "are capable of being adjusted which will affect the height and width of the carton based on the size and shape of the loaded and/or packed cans." Id. at 6-7. We agree with Appellant that the Examiner has not provided sufficient evidence to support a finding that loading Graser's tubular form causes the height of the tubular form to decrease and the width to increase, as required by the method claims. The Examiner's assertion that end panels 142, 152 of Graser are capable of adjusting the height and width of the carrier (id. at 5---6) considers only the structure of Graser's tubular form, without addressing the claimed step of loading containers into the tubular form to cause the tubular form height and width to change. Even assuming that the Examiner's position that adjusting Graser's end panels 142, 150 would change the height and width of the tubular form, the Examiner has not adequately established that any such purported change in dimensions is causally connected to a step of loading the containers as claimed. Rather, the Examiner concedes that end panels 142, 150 of Graser are closed after 4 Appeal2014-005349 Application 13/613,468 loading the containers into the tubular form. Id. at 5. Therefore, \Ve find persuasive Appellant's argument that, "[i]f the bottles are already loaded in the carton before the supposed change in height and width of the carton ... , then the supposed change in height and width of the carton is not caused by the loading." Reply Br. 3 (emphasis added). Accordingly, we do not find by a preponderance of the evidence that Graser discloses "loading containers into the substantially tubular fonn, wherein the loading the containers into the substantially tubular form causes the first height of the substantially tubular form to decrease to a second height, and the first width to increase to a second width," as required by Appellant's claims. For these reasons, we do not sustain the Examiner's rejection of claims 1-7, 13, 15-19, and 21-28 under 35 U.S.C. § 103(a) as unpatentable over Langen and Graser. DECISION The decision of the Examiner to reject claims 1-7, 13, 15-19, and 21- 28 is REVERSED. REVERSED 5 Copy with citationCopy as parenthetical citation