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
Applicant’s election of claims 1-10 in the reply filed on 5/22/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 11-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 5/22/26.
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) 1-5, 10 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Toft et al. (US 2012/0103856).
Toft discloses a laminated packaging material for packaging of liquid food products, comprising a bulk layer of paper or paperboard or other cellulose-based material, a first outermost liquid tight layer, arranged on the outside of the bulk layer to constitute the outside of a packaging container formed from the packaging material, a second innermost liquid tight layer arranged on the inside of the bulk layer to be in direct contact with the filled food product, and an at least proportionately non-metal barrier film or sheet being laminated between the bulk layer and the second, innermost liquid tight layer, wherein the bulk layer and the barrier film or sheet together form a main layer, the main layer being provided with at least one slit being covered at least by the second liquid tight layer (Figs. 1a-1c, paragraphs [0015-0025], [0048-0069], [0078], [0081]).
Toft disclose claims 2-5 and 10 (Figs. 1a-1c, paragraphs [0015-0025], [0048-0069], [0078], [0081]).
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) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toft et al. (US 2012/0103856).
Toft does not specifically disclose wherein the slit is in the form of a cross, or two intersecting slits, or a semi-circle. However, a change in shape is obvious and well within the level of one of ordinary skill in the art (MPEP 2144.04(IV)(B). It would have been obvious to have provided applicant’s recited shape in order to provide easy opening with good adhesion and integrity between the laminated layers.
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 10, 2026
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