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 Office Action is in response to the applicant’s amendments filing on 04/10/2026.
Applicant’s cancelation of claims 3-6, 10-18, and 25-34 is acknowledged. Claims 1-2, 7-9, and 19-24 are pending and examined below.
In the Patent Board Decision mail on 02/20/2026, the Patent Trial and Appeal Board (PTAB) presented new grounds of rejection. Due to the PTAB introduction of new rejections, and in view of the Applicant submitting amendments to the claims, prosecution for this application has been reponed.
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, this action is made FINAL.
Claim Rejections - 35 USC § 103
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 1-2 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chiba et al. (2014/0327176) in view of references Rogers et al. (7,897,320) and Bergerioux (5,506,036).
Regarding claim 1, Chiba et al. disclose injection molded preform (101) for molding bottle (201), wherein the injection molded preform (101) comprises:
a body (105) that defines the storage portion of the bottle (201);
a neck (102) that extends from the body (105); and
an intermediate layer (101b) made from a second thermoplastic material that is encapsulated within a first thermoplastic (101a).
(Figures 1a, 9 and Page 4 paragraph 66, Page 7 paragraph 95)
However, Chiba et al do not disclose the intermediate layer is a printing layer, and do not disclose the first thermoplastic is separable from the second thermoplastic.
Rogers et al. disclose a moldable thermoplastic material with photosensitive component for molding an article that when exposed to laser light the visual appearance of the photosensitive material changes. (Column 2 lines 7-16, Column 5 lines 13-17, 35-37, Column 6 lines 6-9, 51-55, Column 7 lines 1-4)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the intermediate layer of Chiba et al. by incorporating the photosensitive component as taught by Rogers et al., since column 1 lines 39-47 of Rogers et al. states such a medication would provide decorative appeal to consumers, reduce packaging inventory, and improve packing efficiency.
Bergerioux disclose container comprising: a first thermoplastic (4); and a second thermoplastic (2) attached to the first thermoplastic (4), wherein first thermoplastic (4) is polyethylene terephthalate, wherein the second thermoplastic (2) is a water-soluble polymer, and wherein the second thermoplastic (2) is separable from the first thermoplastic (4) through mechanical grinding and dissolution of the second thermoplastic. (Column 2 lines 42-46, 52-55, 65-67, Column 3 lines 65-67 through Column 4 lines 12)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the second thermoplastic of Chiba et al. by incorporating the water-soluble polymer, since column 2 lines 42-46 of Bergerioux states such a modification would allow the components to be recycled for future use.
When modifying Chiba et al. in view of Rogers et al. and Bergerioux, the intermediate layer is interpreted to be a printing layer made of a water-soluable polymer, wherein the first thermoplastic is polyethylene terephthalate, and wherein the printing layer is encapsulated by the first thermoplastic.
Regarding claim 2, Chiba et al. modified by Rogers et al. and Bergerioux disclose the body (Chiba et al. – 105) is a preform, wherein at least a portion of the preform is re-moldable to define the container (Chiba et al. – 201). (Chiba et al. – Page 6 paragraph 89)
Regarding claim 19, Chiba et al. disclose a method comprising the steps of injection molding a preform (101), wherein the injection molded preform (101) comprises:
a body (105) that defines the storage portion of a bottle (201);
a neck (102) that extends from the body (105); and
an intermediate layer (101b) made from a second thermoplastic material that is encapsulated within a first thermoplastic (101a).
(Figure 1a and Page 4 paragraph 66, Page 7 paragraph 95)
However, Chiba et al do not disclose the steps of irradiating a printing layer, and do not disclose the recycling the container.
Rogers et al. disclose a moldable thermoplastic material with photosensitive component for molding an article that when exposed to laser light the visual appearance of the photosensitive material changes. (Column 2 lines 7-16, Column 5 lines 13-17, 35-37, Column 6 lines 6-9, 51-55, Column 7 lines 1-4)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the intermediate layer of Chiba et al. by incorporating the photosensitive component as taught by Rogers et al., since column 1 lines 39-47 of Rogers et al. states such a medication would provide decorative appeal to consumers, reduce packaging inventory, and improve packing efficiency.
Bergerioux disclose container comprising: a first thermoplastic (4); and a second thermoplastic (2) attached to the first thermoplastic (4), wherein first thermoplastic (4) is polyethylene terephthalate, wherein the second thermoplastic (2) is a water-soluble polymer, and wherein the second thermoplastic (2) is separable from the first thermoplastic (4) through mechanical grinding and dissolution of the second thermoplastic. (Column 2 lines 42-46, 52-55, 65-67, Column 3 lines 65-67 through Column 4 lines 12)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the second thermoplastic of Chiba et al. by incorporating the water-soluble polymer, since column 2 lines 42-46 of Bergerioux states such a modification would allow the components to be recycled for future use.
When modifying Chiba et al. in view of Rogers et al. and Bergerioux, the intermediate layer is interpreted to be a printing layer made of a water-soluable polymer, wherein the first thermoplastic is polyethylene terephthalate, wherein the printing layer is encapsulated by the first thermoplastic, and wherein the step of recycling comprises the steps of: grinding the container; inducing dissolution of the second thermoplastic; and isolating the first thermoplastic from the second thermoplastic.
Regarding claim 20, Chiba et al. modified by Rogers et al. and Bergerioux disclose the step of forming the molded article (Chiba et al. – 101) into the container (Chiba et al. – 201) by re-molding at least a part of the molded article (Chiba et al. – 101). (Chiba et al. – Page 6 paragraph 89)
Claims 7-9 and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Chiba et al. (2014/0327176) in view of references Rogers et al. (7,897,320) and Bergerioux (5,506,036) as applied to claims 1 and 19 respectively, and further in view of reference - Callant et al. (9604490).
Regarding claim 7, Chiba et al. modified by Rogers et al. and Bergerioux disclose the claimed invention as stated above but do not disclose the article comprises multiple overlapping printing layers.
Callant et al. disclose an article (21) comprising a printing layer (23, 25, 27) encapsulated by an outer skin layer (22) and an inner skin layer (22), wherein the printing layer (23, 25, 27) is photo-sensitive to laser light of selected properties to change a visual appears, and wherein the printing layer (23, 25, 27) comprises multiple overlapping layers. (Figure 2 and Column 2 lines 62-67, Column 8 lines 59-67)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the printing layer of Chiba et al. in view of Rogers et al. by incorporating the multiple printing layers as taught by Callant et al., since column 8 lines 65-67 of Callant et al. states such a modification would allow for readily available color management systems for producing color images.
Regarding claim 8, Chiba et al. modified by Rogers et al., Bergerioux, and Callant et al. disclose the printing layers (Callant et al. – 23, 25, 27) are configured to react to different wavelengths of laser light. (Callant et al. – Column 8 lines 49-56)
Regarding claim 9, Chiba et al. modified by Rogers et al., Bergerioux, and Callant et al. disclose the photo-sensitive markers in each printing layer (Callant et al. – 23, 25, 27) develop, on exposure to the corresponding wavelength of laser light, different primary colors, whereby a full array of colors may be developed by selectively triggering overlapping portions of the layers printing layers (Callant et al. – 23, 25, 27). (Callant et al. – Column 8 lines 49-64)
Regarding claim 22, Chiba et al. modified by Rogers et al. and Bergerioux disclose the claimed invention as stated above but do not disclose the article comprises multiple overlapping printing layers.
Callant et al. disclose an article (21) comprising a printing layer (23, 25, 27) encapsulated by an outer skin layer (22) and an inner skin layer (22), wherein the printing layer (23, 25, 27) is photo-sensitive to laser light of selected properties to change a visual appears, and wherein the printing layer (23, 25, 27) comprises multiple overlapping layers. (Figure 2 and Column 2 lines 62-67, Column 8 lines 59-67)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the printing layer of Chiba et al. in view of Rogers et al. by incorporating the multiple printing layers as taught by Callant et al., since column 8 lines 65-67 of Callant et al. states such a modification would allow for readily available color management systems for producing color images.
Regarding claim 23, Chiba et al. modified by Rogers et al., Bergerioux, and Callant et al. disclose the printing layers (Callant et al. – 23, 25, 27) are configured to react to different wavelengths of laser light. (Callant et al. – Column 8 lines 49-56)
Regarding claim 24, Chiba et al. modified by Rogers et al., Bergerioux, and Callant et al. disclose the step of selectively irradiating the printing layers (Callant et al. – 23, 25, 27) with the corresponding wavelength of laser light to generate different primary colors, whereby a full array of colors is possible by selectively triggering overlapping portions of the layers printing layers (Callant et al. – 23, 25, 27). (Callant et al. – Column 8 lines 49-64)
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Chiba et al. (2014/0327176) in view of references Rogers et al. (7,897,320) and Bergerioux (5,506,036) as applied to claim 19 above, and further in view of reference Bianchini et al. (2018/0036935).
Regarding claim 21, Chiba et al. modified by Rogers et al. and Bergerioux disclose the claimed invention as stated above but do not disclose the step of filling and capping the container, wherein the printing step is performed before or after the filling and capping of the container.
Bianchini et al. disclose a method for molding a container (3) and printing thereon, wherein said method comprises the steps of:
molding a molded article (4) having a body (7) that is configurable to define a storage vessel of the container (3),
wherein the molded article (4) also has a neck (9) extending from the body (7);
printing on the container (3);
filling the printed container (3); and
capping the filled container (3).
(Figure 3-5 and Page 2 paragraph 37, 38, 39, Page 3 paragraph 70, Page 4 paragraph 90, 91)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the method of Chiba et al. in view of Rogers et al. by incorporating the steps of filling and capping after the printing step as taught by Bianchini et al., since page 4 paragraph 91 of Bianchini et al. states such a modification would allow the container to be processed into a complete packaged with product.
Additionally claims 1-2, 7-9, and 19-24 are rejected under 35 U.S.C. 103 as being unpatentable over reference Bianchini et al. (2018/0036935) in view of references Callant et al. (9604490), Rogers et al. (7,897,320), Chiba et al. (2014/0327176), and Bergerioux (5,506,036).
Regarding claim 1, Bianchini et al. disclose a molded article (4) for providing a container (3), wherein the molded article (4) comprising: a body (7) configurable to define a storage vessel (10) of the container (3); and a neck (9) extending from the body (7). (Figure 2 and Page 2 paragraph 39)
However, Bianchini et al. do not disclose the body comprises a printing layer that is photo-sensitive to laser light, and do not disclose a first thermoplastic separable from a second thermoplastic.
Callant et al. disclose an article (21) comprising a printing layer (23, 25, 27) encapsulated by an outer skin layer (22) and an inner skin layer (22), wherein the printing layer (23, 25, 27) is photo-sensitive to laser light of selected properties to change a visual appears. (Figure 2 and Column 2 lines 62-67, Column 8 lines 59-67)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the body of Bianchini et al. by incorporating the printing layer as taught by Callant et al., since column 1 lines 52-57 of Callant et al. states such a modification would allow the production of multicolor images while preventing further marking.
Rogers et al. disclose thermoplastic material comprising photo-sensitive material, wherein the thermoplastic material is heated to a temperature above its melt temperature to form a desired shape, and wherein the photo-sensitive material is exposed to laser irradiation to change a visual appearance thereof. (Column 2 lines 7-16, Column 5 lines 13-17, 35-37, Column 6 lines 51-55, Column 7 lines 1-4)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the printing layer of Callent et al. by incorporating the thermoplastic material with photo-sensitive material as taught by Rogers et al., since column 56-62 of Rogers et al. states such a modification would greatly improve the thermal resistance at elevated processing conditions of the printing layer.
Chiba et al. disclose a preform (101) comprising: a body (105); and a neck (102) extending from the body (105), wherein the body (105) and the neck (102) include at least one layer of plastic (101a), wherein the body (105) includes an intermediate layer (101b), and wherein the inner layer (101b) is encapsulated by the at least one layer of plastic (101a). (Figure 1a and Page 4 paragraph 66)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the molded article of Bianchini et al. and Callant et al. by having the printing layer to be encapsulated by the first thermoplastic as taught by Chiba et al., since page 1 paragraph 9 of Chiba et al. state such a modification would prevent the neck from deforming into an elliptical shape.
Bergerioux disclose container comprising: a first thermoplastic (4); and a second thermoplastic (2) attached to the first thermoplastic (4), wherein first thermoplastic (4) is polyethylene terephthalate, wherein the second thermoplastic (2) is a water-soluble polymer, and wherein the second thermoplastic (2) is separable from the first thermoplastic (4) through mechanical grinding and dissolution of the second thermoplastic. (Column 2 lines 42-46, 52-55, 65-67, Column 3 lines 65-67 through Column 4 lines 12)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the second thermoplastic of Bianchini et al. and Callant et al. by incorporating the water-soluble polymer, since column 2 lines 42-46 of Bergerioux states such a modification would allow the components to be recycled for future use.
When modifying Bianchini et al. in view of Callant et al., Chiba et al., and Bergerioux, the printing layer is interpreted to be of a second thermoplastic made of a water-soluable polymer, wherein the first thermoplastic is polyethylene terephthalate, and wherein the printing layer is encapsulated by the first thermoplastic.
Regarding claim 2, Bianchini et al. modified by Callant et al., Rogers et al., Chiba et al., and Bergerioux disclose the body (Bianchini et al. – 7) is a preform at least portion of which is re-moldable to define the container (Bianchini et al. – 3). (Bianchini et al. – Page 2 paragraph 44)
Regarding claim 7, Bianchini et al. modified by Callant et al., Rogers et al., Chiba et al., and Bergerioux disclose the molded article comprises multiple overlapping printing layers (Callant et al. – 23, 25, 27). (Callant et al. – Column 2 lines 62-67, Column 8 lines 59-64)
Regarding claim 8, Bianchini et al. modified by Callant et al., Rogers et al., Chiba et al., and Bergerioux disclose the printing layers (Callant et al. – 23, 25, 27) are configured to react to different wavelengths of laser light. (Callant et al. – Column 8 lines 49-56)
Regarding claim 9, Bianchini et al. modified by Callant et al., Rogers et al., Chiba et al., and Bergerioux disclose the photo-sensitive markers in each printing layer (Callant et al. – 23, 25, 27) develop, on exposure to the corresponding wavelength of laser light, different primary colors, whereby a full array of colors may be developed by selectively triggering overlapping portions of the layers printing layers (Callant et al. – 23, 25, 27). (Callant et al. – Column 8 lines 49-64)
Regarding claim 19, Bianchini et al. disclose a method for molding a container (3) and printing thereon, wherein said method comprises the steps of:
molding a molded article (4) having a body (7) that is configurable to define a storage vessel of the container (3),
wherein the molded article (4) also has a neck (9) extending from the body (7); and
printing on the container (3).
(Figure 3-5 and Page 2 paragraph 37, 38, 39, Page 3 paragraph 70)
However, Bianchini et al. do not disclose the body includes a printing layer that is photo-sensitive to laser light, the printing is conducted with the laser light, and do not disclose the step of recycling.
Callant et al. disclose an article (21) comprising a printing layer (23, 25, 27) encapsulated by an outer skin layer (22) and an inner skin layer (22), wherein the printing layer (23, 25, 27) is photo-sensitive to laser light of selected properties to change a visual appears. (Figure 2 and Column 2 lines 62-67, Column 8 lines 59-67)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the body of Bianchini et al. by incorporating the printing layer as taught by Callant et al., since column 1 lines 52-57 of Callant et al. states such a modification would allow the production of multicolor images while preventing further marking.
Rogers et al. disclose thermoplastic material comprising photo-sensitive material, wherein the thermoplastic material is heated to a temperature above its melt temperature to form a desired shape, and wherein the photo-sensitive material is exposed to laser irradiation to change a visual appearance thereof. (Column 2 lines 7-16, Column 5 lines 13-17, 35-37, Column 6 lines 51-55, Column 7 lines 1-4)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified printing layer of Callent et al. by incorporating the thermoplastic material with photo-sensitive material as taught by Rogers et al., since column 56-62 of Roger et al. states such a modification would greatly improve the thermal resistance at elevated processing conditions of the printing layer.
Chiba et al. disclose a preform (101) comprising: a body (105); and a neck (102) extending from the body (105), wherein the body (105) and the neck (102) include at least one layer of plastic (101a), wherein the body (105) includes an intermediate layer (101b), and wherein the inner layer (101b) is encapsulated by the at least one layer of plastic (101a). (Figure 1a and Page 4 paragraph 66)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the molded article of Bianchini et al. and Callant et al. by having the printing layer to be encapsulated by the first thermoplastic as taught by Chiba et al., since page 1 paragraph 9 of Chiba et al. state such a modification would prevent the neck from deforming into an elliptical shape.
Bergerioux disclose container comprising: a first thermoplastic (4); and a second thermoplastic (2) attached to the first thermoplastic (4), wherein first thermoplastic (4) is polyethylene terephthalate, wherein the second thermoplastic (2) is a water-soluble polymer, and wherein the second thermoplastic (2) is separable from the first thermoplastic (4) through mechanical grinding and dissolution of the second thermoplastic. (Column 2 lines 42-46, 52-55, 65-67, Column 3 lines 65-67 through Column 4 lines 12)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the second thermoplastic of Bianchini et al. and Callant et al. by incorporating the water-soluble polymer, since column 2 lines 42-46 of Bergerioux states such a modification would allow the components to be recycled for future use.
When modifying Bianchini et al. in view of Callant et al., Chiba et al., and Bergerioux, the printing layer is interpreted to be of a second thermoplastic made of a water-soluable polymer, wherein the first thermoplastic is polyethylene terephthalate, wherein the printing layer is encapsulated by the first thermoplastic, and wherein the step of recycling comprises the steps of: grinding the container; inducing dissolution of the second thermoplastic; and isolating the first thermoplastic from the second thermoplastic.
Regarding claim 20, Bianchini et al. modified by Callant et al., Rogers et al., Chiba et al., and Bergerioux disclose the step of forming the molded article (Bianchini et al. – 4) into the container (Bianchini et al. – 3) with remolding thereof at least in part. (Bianchini et al. – Page 2 paragraph 44)
Regarding claim 21, Bianchini et al. modified by Callant et al., Rogers et al., Chiba et al., and Bergerioux disclose the step of filling and capping the container (Bianchini et al. – 3), wherein the printing is performed before or after the filling and capping of the container (Bianchini et al. – 3). (Bianchini et al. – Page 4 paragraph 90, 91)
Regarding claim 22, Bianchini et al. modified by Callant et al., Rogers et al., Chiba et al., and Bergerioux disclose the molding of the molded article includes multiple overlapping printing layers (Callant et al. – 23, 25, 27). (Callant et al. – Column 2 lines 62-67, Column 8 lines 59-64)
Regarding claim 23, Bianchini et al. modified by Callant et al., Rogers et al., Chiba et al., and Bergerioux disclose the printing layers (Callant et al. – 23, 25, 27) are configured to react to different wavelengths of laser light. (Callant et al. – Column 8 lines 49-56)
Regarding claim 24, Bianchini et al. modified by Callant et al., Rogers et al., Chiba et al., and Bergerioux disclose the printing of the container includes selectively irradiating the printing layers (Callant et al. – 23, 25, 27) with corresponding wavelength of laser light to generate different primary colors, whereby a full array of colors may be developed by selectively triggering overlapping portions of the layers printing layers (Callant et al. – 23, 25, 27). (Callant et al. – Column 8 lines 49-64)
Response to Arguments
The Amendments filed on 04/10/2026 have been entered. Applicant’s cancelation of claims 3-6, 10-18, and 25-34 is acknowledged. Claims 1-2, 7-9, and 19-24 are pending in the application.
In the Patent Board Decision mail on 02/20/2026, the Patent Trial and Appeal Board (PTAB) presented new grounds of rejection. Due to the PTAB introduction of new rejections, and in view of the Applicant submitting amendments to the claims, prosecution for this application has been reponed.
In response to the arguments of the rejections under 35 U.S.C. 103 with reference Chiba et al. (2014/0327176) modified by reference Rogers et al. (7,897,320), in view of the amendments to the claims, Examiner withdraws the 103 rejections. However, upon further consideration, a new ground(s) of rejection is made in view of reference Bergerioux (5,506,036).
In response to the arguments of the rejections under 35 U.S.C. 103 with reference Bianchini et al. (2018/0036935) in view of references Callant et al. (9604490), Rogers et al. (7,897,320), and Chiba et al. (2014/0327176), in view of the amendments to the claims, Examiner withdraws the 103 rejections. However, upon further consideration, a new ground(s) of rejection is made in view of reference Bergerioux (5,506,036).
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK B FRY/Examiner, Art Unit 3731 June 4, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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