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 .
Election/Restrictions
Claims 17-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/26/26.
Applicant’s election without traverse of claims 1-6, 8-9, 11-14 and 16 in the reply filed on 6/26/26 is acknowledged.
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.
Claim(s) 1-6, 8-9, 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/017968 (cited by applicant) in view of WO 2017/187350 (cited by applicant).
WO 2020/017968 discloses a modified atmosphere packaging
unit comprising: a product receiving body configured for holding a product, and having a bottom part and a wall part; a flange configured for attaching a seal thereon for closing the product receiving body; and a seal or lid that is attached to the flange, wherein the product receiving body and the flange are a moulded fiber product comprising: an amount of plant-based fiber material; and wherein the product receiving body and the seal or lid is provided with a biodegradable barrier-coating and/or a biodegradable barrier-film (page 1, lines 21-32, page 2, lines 19-34, page 9, lines 3-13, page 11, lines 24-36, page 12, lines 1-36, page 15, lines 9-12).
WO 2020/017968 does not disclose an amount of wet strength agent.
WO 2017/187350 discloses a modified atmospheric package made from cellulose/paper comprising a wet strength agent for the purpose of providing improved mechanical strength (page 1, lines 4-21, page 3, lines 5-9, page 7, lines 1-18, page 9, lines 1-31).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided an amount of wet strength agent in WO 2020/017968 in order to provide improved mechanical strength as taught or suggested by WO 2017/187350.
WO 2020/017968 discloses wherein at least a part of the amount of plant-
based fiber material is microfibrillated cellulose, wherein the molded fiber product
comprises an amount of biodegradable aliphatic polyester, wherein the biodegradable aliphatic polyester comprises an amount of one or more of PBS, PHB, PHA, PCL, PLA, PGA, PBST, PBAT, PHBH and PHBV, wherein the amount of biodegradable aliphatic
polyester in the moulded fiber product is in the range of 0.5 wt% to 20 wt%, 0.1 wt% to 12 wt%, wherein the plant-based fiber material comprises an amount of non-wood fiber material, wherein the non-wood fiber material comprises material from the family of Poaceae (page 1, lines 21-32, page 2, lines 19-34, page 9, lines 3-13, page 11, lines 24-36, page 12, lines 1-36, page 15, lines 9-12).
Modified 2020/017968 does not specifically disclose wherein the amount of microfibrillated cellulose is in the range of 1.2 wt% to 10 wt% of the molded fiber, wherein the amount of non-wood fiber material is at least 5 wt. % and herein the molded pulp material comprises an amount of fibers, wherein at least 80% of the fibers has a
length above 1.1 mm.
However, discovering the optimum range or value for a result effective variable is obvious and well within the level of one of ordinary skill in the art (MPEP 2144.05). It would have been obvious to have provided applicant’s recited ranges for microfibrillated cellulose, non-wood fiber amount and fiber length in order to provide improved barrier properties and/or improved mechanical properties.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/017968 (cited by applicant) in view of WO 2017/187350 (cited by applicant), as applied to claims 1-6, 8-9, 11 and 13 above, and further in view of Skupin et al. (US 2013/0139983, cited by applicant).
Modified WO 2020/017968 does not disclose further comprising an amount of calcium carbonate and/or calcium bicarbonate.
Skupin discloses paper stock for use in packaging comprising an amount of calcium carbonate and/or calcium bicarbonate for the purpose of providing lower basis weight without any loss in mechanical properties and/or providing pigment (paragraphs [0001], [0009], [0072], [0082-0083], [0089]).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided further comprising an amount of calcium carbonate and/or calcium bicarbonate in modified WO 2020/017968 in order to provide lower basis weight without any loss in mechanical properties and/or providing pigment as taught or suggested by Skupin.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/017968 (cited by applicant) in view of WO 2017/187350 (cited by applicant), as applied to claims 1-6, 8-9, 11 and 13 above, and further in view of WO 2010/037906 (cited by applicant).
Modified WO 2020/017968 does not disclose wherein the barrier-coating is a silicon based coating, wherein the silicon based coating comprises a silicon oxide and/or silane.
WO 2010/037906 discloses a paper packaging wherein the barrier-coating is a silicon based coating, wherein the silicon based coating comprises a silicon oxide and/or silane for the purpose of providing improved barrier properties (page 4, lines 16 through page 6, line 28).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided wherein the barrier-coating is a silicon based coating, wherein the silicon based coating comprises a silicon oxide and/or silane in modified WO 2020/017968 in order to provide improved barrier properties as taught or suggested by WO 2010/037906.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/017968 (cited by applicant) in view of WO 2017/187350 (cited by applicant), as applied to claims 1-6, 8-9, 11 and 13 above, and further in view of WO 2018/220568 (cited by applicant).
Modified WO 2020/017968 does not disclose wherein barrier-coating comprises an amount of graphene, chitosan, alginate, wax, polyethylene, or silica gel.
WO 2018/220568 discloses a paper packaging wherein barrier-coating comprises an amount of graphene, chitosan, alginate, wax, polyethylene, or silica gel for the purpose of providing improved gas barrier properties (page 3, lines 12-39).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided wherein barrier-coating comprises an amount of graphene, chitosan, alginate, wax, polyethylene, or silica gel in modified WO 2020/017968 in order to provide improved gas barrier properties as taught or suggested by WO 2018/220568.
Conclusion
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.
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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.
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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
July 23, 2026
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