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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 24 November 2025 is acknowledged.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 24 November 2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character not mentioned in the description: 40 in Figures 3 and 4. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Clerc (US 2024/0108544).
Clerc is directed to packaging comprising a bottom part having a cavity and cover sheet, each formed from multi-layer films (paragraphs 0030-0034). The multi-layer film of the bottom part comprises at least five layers: an outer thermoformable layer, a cyclic olefin copolymer layer, an inner thermoformable layer, a barrier layer, and a sealing layer (paragraphs 0036-0041). The packaging may comprise a plurality of cavities (Figure 4). The outer and inner thermoformable layers may be formed of polystyrene (paragraphs 0048 and 0052). The barrier layer may be formed of polychlorotrifluoroethylene (paragraph 0058). The cover sheet comprise: a protective layer, a first barrier layer, an intermediate layer, a second barrier layer, and a sealing layer (paragraphs 0389-0395). The protective layer may be formed of polyethylene terephthalate or polyamide (paragraph 0397). The sealing layer may be formed of polyethylene (paragraph 0401). The second barrier layer may be polychlorotrifluoroethylene (paragraph 0404). Adhesive layers may be present between the layers of the bottom part and cover sheet, with polyurethane used as the adhesive (paragraphs 0432-0433).
The bottom part having a cavity corresponds to the shaped container comprising one or more pockets of the claims. The sealing layer corresponds to the first base layer. The outer thermoformable layer corresponds to the second base layer. The barrier layer, which may be formed of polychlorotrifluoroethylene, corresponds to the first fluoropolymer layer.
The cover sheet corresponds to the top cover of the claims. The protective layer, which may be formed from polyethylene terephthalate or polyamide, corresponds to the first support layer. The second barrier layer, which may be formed of polychlorotrifluoroethylene, corresponds to the second fluoropolymer layer. The sealing layer corresponds to the heat seal layer.
The adhesive layers, which may be formed of polyurethane and provided between the layers of the bottom part and cover sheet, correspond to the intermediate adhesive layers of the shaped container and cover sheet.
While Clerc does not illustrate an embodiment wherein the protective layers of the bottom part and cover sheet are formed of fluoropolymers, there is an explicit teaching that polychlorotrifluoroethylene may be used for barrier layers in both the bottom part and cover sheet. Therefore, it would have been obvious to one of ordinary skill in the art to form barrier layers in both the bottom part and cover sheet from polychlorotrifluoroethylene.
Allowable Subject Matter
Claims 3-11, 14, and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
The inventions of claims 3 and 14 (as well as claims 4-11 and 15 due to their (in)direct dependency from either claim 3 or 14) is directed to a package comprising the shaped container have one or more pockets and a top cover adhered to the top surface of the container, as set forth in claims 1 and 12, that further comprises a bottom cover adhered to the bottom surface of the container, wherein the bottom cover comprises heat seal layer bonded to a fluoropolymer layer by means of an intermediate adhesive layer.
Clerc represents the closest prior art. However, Clerc does not teach or fairly suggest the packaging as recited in claims 3 and 14 further comprising a bottom cover adhered to the bottom surface of the packaging comprising a heat seal layer bonded to a fluoropolymer layer by means of an intermediate adhesive layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAMSEY E ZACHARIA whose telephone number is (571)272-1518. The best time to reach the examiner is weekday afternoons, Eastern time.
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, Callie Shosho, can be reached on 571 272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAMSEY ZACHARIA/Primary Examiner, Art Unit 1787
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