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 .
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.
Claim(s) 1 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gan et al. (US 2009/0155419 A1; hereinafter Gan).
Regarding claims 1 and 4-5, Gan discloses a container for a food product comprising at least one cardboard or cellulose-based container (see Par. 0014) defining a volume for receiving a food product (see Par. 0006) and at least one film (see Par. 0007) for insulating the food product when the food product is positioned in the container, said at least one film being adapted to be attached to at least a part of the container, said container being adapted to change by folding from a first configuration being a planar sheet (e.g. blank; see Par. 0032), which is provided with pre-cuts or cutouts (Examiner notes that it is standard to form a blank with cuts and cutouts) and in which the sheet does not define any volume for receiving a food product, to a second configuration, in which the folded sheet defines a volume for receiving a food product (see Fig. 5a), wherein a shape of the container is maintained in the second configuration being carried out by attaching said at least one film for insulating the food product to at least one part of the container, the packaging further comprising a reusable part formed by a mold which has dimensions and a shape corresponding to those of the container when the container is in the second configuration, and the container changes from the first configuration to the second configuration via at least placement of the food product on a bottom of the container when the container is in contact with the mold and before attachment of the at least one film (see Par. 0060), and wherein, when the container is in the second configuration, the container is maintained in shape by a sealing film (28) of the at least one film sealed on a free upper end of the container, the free upper end extending outwardly relative to walls (34/36/38) of the container and forming a flange (see Par. 0010), or by a vacuum film (see Par. 0012) of the at least one film sealed on the bottom, the walls and the free upper end of the container, the free upper end extending outwardly relative to the walls of the container and forming a flange (see Fig. 5a). Examiner notes that the sheet is immobilized within the mold as it is formed into the erected tray.
Response to Arguments
Applicant’s arguments, see Pages 4-6, filed 08/27/2025, with respect to the rejection(s) of claim(s) 1-5 under USC 102(a)(1) in view of Mero have been fully considered and are persuasive. Mero lacks the molding function as claimed. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USC 102(a)(1)--Gan.
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 CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734