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 .
REJECTIONS WITHDRAWN
There are no rejections withdrawn.
REJECTIONS REPEATED
The 102 and 103 rejections set forth in the non-final rejection of 3/6/26, pages 2-6, paragraphs 2-6.
NEW REJECTIONS
There are no new rejections.
ANSWERS TO APPLICANT’S ARGUMENTS
Applicant’s arguments of 6/8/26 have been carefully considered but are deemed unpersuasive.
Applicant argues, “The Office acknowledges that neither Bicker nor Walther discloses various recited properties of the coated inner surface of the container. However, the Office contends, ‘said properties are inherent in Bicker and Walther since both references disclose the coating is made via PICVD with HDMSO as the precursor (see above) which is the same method used by applicant.’ (emphasis added). Applicant respectfully disagrees and submits the following remarks to show that Applicant's disclosed method is not disclosed, taught, or otherwise suggested by Bicker or Walther.
In particular, the present application discloses in paragraph [00156] and [00158] that the method used to prepare containers according to the present invention includes a washing pretreatment of the container as well as plasma pretreatment with oxygen prior to the coating process. See also, paragraph [00159]. The pretreatment processes performed according to the present application will affect the surface characteristics of the container surface on which the coating is posited, which will also affect the properties of the formed coating. Bicker and Walther both fail to disclose, teach, or otherwise suggest these pretreatment processes in combination with the coating process parameters taught by the present application. Therefore, applicant submits that the Office has failed to properly establish that one skilled in the art would reasonably believe that the coatings of Walther and Bicker would inherently have the properties of independent claim 1, and all claims depending therefrom.”
However, the instant specification discloses that there is no pretreatment process for containers that are made from polymers (see instant specification, paragraph [00127-00129]) so the pretreatment process is not necessary for the prior art to inherently disclose applicant’s recited lipid factor 1 or haze value. The instant specification also discloses that pretreatment applies to only some embodiments (see instant specification, paragraph [0038]). Furthermore, Bicker discloses either glass or polymer containers (paragraph [0025]).
Conclusion
THIS ACTION IS MADE FINAL. 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 MICHAEL C MIGGINS whose telephone number is (571)272-1494. The examiner can normally be reached Monday-Friday, 1-9 pm EST.
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, Aaron Austin can be reached at 571-272-8935. 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.
/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
August 9, 2026
Prosecution Insights