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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Gu et al. (US 2016/0087250, cited by applicant).
Claim 4 recites an extrusion step which is a method limitation in a product claim and has been given little to no patentable weight since the method by which a product is made is not germane to the patentability of a product in a product claim (MPEP 2113).
Gu discloses a container comprising: a container wall having an interior surface and an exterior surface, the container wall defining an interstitial space, wherein the container is sealable, wherein the container material that forms the container wall comprises a polymeric resin functionalized with phosphonic acid or 1-hydroxyethylidene-1,1,-diphosphonic acid associated with the interior surface of the container (paragraphs [0009], [0017-0018], [0028], [0031-0034]).
Gu also discloses wherein the polymeric resin functionalized with the
phosphonic acid is coated onto the interior surface of the container, wherein the polymeric resin functionalized with the phosphonic acid is embedded into the interior surface of the container, herein the container material is a polypropylene, a
polyethylene, a polypropylene and polyethylene copolymer or a polyethylene and polypropylene blend, wherein the polymeric resin functionalized with the
phosphonic acid is a vinylidene diphosphonic acid or a copolymer of vinylidene diphosphonic acid, wherein the polymeric resin functionalized with the
phosphonic acid is crosslinked, further comprising an outer coating or layer
applied to the exterior portion of the container (paragraphs [0009], [0017-0018], [0028], [0031-0034]).
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.
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.
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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
July 16, 2026
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