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 .
Response to Amendment
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
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) 21-31, 33 and 36-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung (US 2020/024806 A1) in view of Khan (US 2021/0347518 A1).
Regarding claim 21, Chung discloses a fiber-based meat container comprising a bottom part defining a bottom plane, and upwardly extending side walls surrounding said bottom part (see Figures 3, 6, and 10), and having inner wall surfaces facing the interior of said container and outer wall surfaces facing the outside of said container, said upwardly extending side walls comprising, at an upper end thereof, a circumferential longitudinal rim part (302) having a planer main surface being substantially parallel to said bottom plane, said container being arranged with a junction between said side walls and said rim part, wherein a least 50% of said junction is non-parallel in relation to a longitudinal direction of said rim part (Examiner notes that the sidewalls taper outward at an angle; and Examiner considers the irregular portions of the ribs to also present a non-parallel portion to the rim part; see Figures 3, 6 and 10), for generating an increased moment of inertia of said rim part along the longitudinal direction thereof. Examiner notes that the Figure 10 embodiment especially shows a top junction where at least 50% is non-parallel to the rim. Chung lacks a barrier layer peelable from the bottom.
Khan teaches a recyclable moulded pulp container wherein said container comprises a barrier (24) for making the container diffusion tight, and wherein said barrier is peelable from a bottom part and side wall surfaces (see Par. 0046 and Fig. 2). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Chung’s container in order protect the paperboard substrate and make disposal of the container easier after use (Khan; see Par. 0007-0009).
Regarding claim 22, Chung, as modified above, discloses a container wherein said container is made from fiber pulp (Chung; see Par. 0038).
Regarding claims 23-24, 27, and 29, Chung, as modified above, discloses a container wherein said junction comprises a non-straight line (Chung; see Figures 3-4). Examiner notes that the sidewalls present 3 distinct inflection points when viewed in cross-section; said inflection points are considered to present as a “wave” shape.
Regarding claims 25-26, 28, and 30-31, Chung, as modified above, discloses a container wherein said upwardly extending side walls further comprise a reinforcing element (Chung; see Fig. 3 upwardly extending ribs 306) below said longitudinal rim part, said junction being arranged between said reinforcing element and said rim part.
Regarding claim 33, Chung, as modified above, discloses a container comprising a barrier for making the container diffusion tight (Chung; see Par. 0047).
Regarding claims 36-37, Chung, as modified above, discloses a container comprising a lower main surface of said bottom part, which, when said container is placed on a planar surface, is raised in relation to the remaining lower surface of said bottom part (Chung; 308). Examiner considers the raised, textured bottom to present a “rough” surface.
Claim(s) 34 and 40-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung in view of Khan, as applied to claim 21 above, and further in view of Chung et al. (US 2020/0277738 A1; hereinafter Chung ‘738).
Regarding claims 34 and 40-41, Chung, as modified above, discloses the claimed invention except for a barrier having a thickness between 20 and 60 micrometers. Chung ‘738 teaches an acrylate and non-acrylate based chemical composition for selectively coating fiber-based food containers being within various thickness ranges (see Par 0040-0041 and 0061). Therefore, it would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to further modify Chung’s food container to have a barrier layer between 20 and 60 micrometers since such a medication would have involved a mere change in the thickness of a component based on a desired result. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung in view of Khan, as applied to claim 21 above, and further in view of Cabell et al. (WO 2009/136783 A1; hereinafter Cabell).
Regarding claim 39, Chung, as modified above, discloses the claimed invention except for denesting feature for unstacking. Cabell teaches a food container comprising a denester (13). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to further modify Chung’s food packaging to have a denesting feature in order to allow a stack of a plurality of food packages to be unstacked easily (Cabell; Page 3 lines 25-30).
Response to Arguments
Applicant’s arguments, see Pages 5-6, filed 01/06/2026, with respect to the rejection(s) of claim(s) 21-33 and 36-38 under USC 102(a)(1)—in view of Chung have been fully considered and are persuasive. Chung lacks a barrier layer peelable from the bottom and side walls. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USC 103(a)—Chung in view of Khan.
Conclusion
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