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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/29/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "the lid" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the lid” is assumed to be “a lid.” Clarification is respectfully requested.
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) 1-3, 15, 21, 28-29, and 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Focke and Co. (Focke WO 2020/187634, English Translation from EPO, accessed on 9/25/2026).
1: Focke teaches a package (package generally shown as 10) for an unclaimed delivery system, the package comprising: an outer container (outer container 24) comprising an access (see access in Figure 1); an inner container (inner container 16) comprising a wrapper (wrapper 13) configured to surround at least one unclaimed delivery system, the wrapper being sealed by the closure of it openings (by closure of the openings of 13 sealed at 57, Figures 13-15); and wherein the wrapper comprises a first layer comprising a paper based material (paper based material, Page 8, ll. 449-455, ENG translation) and an extraction region in the wrapper, wherein the paper based material has a paper weight of less than 80 gsm (range from 30-70 g/m2, which is less than 80 gsm, Page 2, ll. 80-81, ENG translation); the inner container comprising a resealable label (label 15) configured to cover the extraction region and having a peripheral portion that extends beyond the extraction region such that the extraction region of the inner container is sealed, when the label covers the extraction region (see Figures 1-2); and wherein the label is peelable away from the wrapper during use to open the extraction region to provide access to the unclaimed at least one delivery system (open 14 to provide access to where 12 are stored).
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2: Focke teaches the claimed invention as discussed above for Claim 1 and Focke further teaches that the label comprises a tab (tab 22) which is configured to be gripped by a consumer to open the inner container (the tab is capable of being grasped by a user).
3: Focke teaches the claimed invention as discussed above for Claim 1 and Focke further teaches that the label comprises a tab which is attached to an inside surface of the lid (22, which is attached to the interior of 26, Figure 1).
15: Focke teaches the claimed invention as discussed above for Claim 1 and Focke further teaches at least one of the following: wherein the package further comprises an inner frame located within the inner container, wherein each component of the package is formed from a material comprising the first layer of paper based material (paper based material, Page 8, ll. 449-455, ENG translation), and wherein the paper based material has a paper weight of less than 70 gsm, or less than 50 gsm, or less than 45 gsm.
21: Focke teaches the claimed invention as discussed above for Claim 1 and Focke further teaches at least one of the following: wherein the wrapper has a water vapor permeability of less than 8g/m2/24hr,wherein the wrapper is sealed at its overlapping edges (at 57), wherein the wrapper is sealed by adhered together overlapping edges of the wrapper when the wrapper is folded to form the inner container, wherein the wrapper is sealed at its overlapping edges and comprises a continuous section of adhesive along each of the overlapping edges of the wrapper when the wrapper is folded to form the inner container, wherein the wrapper is sealed at its overlapping edges and comprises a continuous section of adhesive extend around the whole perimeter of the inner surface of the wrapper such that a continuous section of adhesive is formed along each of the overlapping edges of the wrapper when the wrapper is folded to form the inner container, and wherein the wrapper is sealed at its overlapping edges to form a hermetic seal, such that the inner container is hermetically sealed before its first opening.
28: Focke teaches a package (package generally shown as 10) for an unclaimed and unspecified delivery system, the package comprising: an outer container (container 16) comprising an access (see access in Figure 1); and an outer wrapper (wrapper 13) configured to surround the outer container of the package, the outer wrapper being sealed by the closure of its openings (sealed at 57, Figures 13-15), wherein the outer wrapper comprises a first layer comprising a paper based material (paper based material, Page 4, ll. 180-186, ENG translation), wherein the paper based material has a paper weight of less than 80 gsm (range from 30-70 g/m2, Page 2, ll. 80-81, ENG translation).
29: Focke teaches the claimed invention as discussed above for Claim 28 and Focke further teaches an inner frame (frame 27) located within the outer container.
38: Focke teaches the claimed invention as discussed above for Claim 28 and Focke further teaches a tamper evident means (closing means 15 with pressure sensitive adhesive, which indicate whether it has been previously opened).
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) 8, 10 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Focke and Co. (Focke WO 2020/187634, English Translation from EPO, accessed on 9/25/2026) in view of Bengtsson et al. (Bengtsson US 2013/0292279).
8, 10: Focke teaches the claimed invention as discussed above for Claim 1 except the paper based material is a barrier paper, and wherein the barrier paper comprises a paper layer that is impregnated with a barrier material, wherein the barrier material is a plastic, varnish, or metal.
Bengtsson teaches a tobacco container having a barrier paper 100, with a paper layer 102, that is impregnated with a barrier material 101, which is applied onto a surface 106 forming a varnish, paragraph 0023-0035.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Focke such that the teaching of the paper based material is a barrier paper, and wherein the barrier paper comprises a paper layer that is impregnated with a barrier material, wherein the barrier material is a plastic, varnish, or metal were applied in order to protect moisture sensitive content stored within a container, such as tobacco.
33: Focke teaches the claimed invention as discussed above for Claim 28 except the paper based material is a barrier paper comprising a paper layer that is impregnated with a barrier material, wherein the barrier material is a plastic, varnish, or metal.
Bengtsson teaches a tobacco container having a barrier paper 100, with a paper layer 102, that is impregnated with a barrier material 101, which is applied onto a surface 106 forming a varnish, paragraph 0023-0035.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Focke such that the teaching of the paper based material is a barrier paper comprising a paper layer that is impregnated with a barrier material, wherein the barrier material is a plastic, varnish, or metal were applied in order to protect moisture sensitive content stored within a container, such as tobacco.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Focke and Co. (Focke WO 2020/187634, English Translation from EPO, accessed on 9/25/2026) in view of Igo (US 8,783,454).
27: Focke teaches the claimed invention as discussed above except an outer wrapper configured to surround the outer container of the package, the outer wrapper being sealed by the closure of its openings, wherein the outer wrapper comprises a first layer comprising a paper based material.
Igo teaches outer wrapper formed of a cardboard, paperboard, etc... col. 6, ll. 3-13.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Focke such that the teaching of an outer wrapper configured to surround the outer container of the package, the outer wrapper being sealed by the closure of its openings, wherein the outer wrapper comprises a first layer comprising a paper based material were applied since the carrier element within the outer wrapper advantageously protects the contents within from abrasion and other forces that may otherwise deteriorate the functionality or visual aspect of the content.
Claim(s) 4, 6, 11, 13, 30, 35, and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Focke and Co. (Focke WO 2020/187634, English Translation from EPO, accessed on 9/25/2026) in view of Bengtsson et al. (Bengtsson US 2013/0292279).
4: Focke teaches the claimed invention as discussed above for Claim 1 except in the explicit embodiment of Figure 1 that the paper based material is a coated paper, and wherein the coated paper comprises a paper layer with a barrier coating.
However, Focke does teach that the paper based material construction of the invention can have vapor barrier coating, having silicone or acrylic sealing lacquer, which acts as a varnish layer and aluminum, as a metalized layer (Page 4, ll. 180-186, ENG translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Focke such that the teaching of the paper based material is a coated paper, and wherein the coated paper comprises a paper layer with a barrier coating were applied in order to protect the moisture sensitive content stored within the package, such as tobacco.
6, 11, 13: Focke teaches the claimed invention as discussed above for Claim 1 except in the explicit embodiment of Figure 1 that the paper-based material is a coated paper, wherein the barrier coating is a metallized layer, and wherein the barrier coating is a plastic film coating or a varnish layer or the wrapper further comprises a metallized layer, or the wrapper further comprises a plastic film coating or varnish layer.
However, Focke does teach that the paper-based material construction of the invention can have vapor barrier coating, having silicone or acrylic sealing lacquer, which acts as a varnish layer and aluminum, as a metalized layer (Page 4, ll. 180-186, ENG translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Focke such that the teaching of the paper based material is a coated paper, wherein the barrier coating is a metallized layer, and wherein the barrier coating is a plastic film coating or a varnish layer or the wrapper further comprises a metallized layer, or the wrapper further comprises a plastic film coating or varnish layer were applied in order to protect the moisture sensitive content stored within the package, such as tobacco.
30: Focke teaches the claimed invention as discussed above for Claim 28 except in the explicit embodiment of Figure 1 that the paper based material is a coated paper comprising a paper layer with a barrier coating, wherein the barrier coating is a metallized layer, a plastic film coating, or a varnish layer or the wrapper further comprises a metallized layer, or the wrapper further comprises a plastic film coating or varnish layer.
However, Focke does teach that the paper-based material construction of the invention can have vapor barrier coating, having silicone or acrylic sealing lacquer, which acts as a varnish layer and aluminum, as a metalized layer (Page 4, ll. 180-186, ENG translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Focke such that the paper based material is a coated paper comprising a paper layer with a barrier coating, wherein the barrier coating is a metallized layer, a plastic film coating, or a varnish layer or the wrapper further comprises a metallized layer, or the wrapper further comprises a plastic film coating or varnish layer were applied in order to protect the moisture sensitive content stored within the package, such as tobacco.
35: Focke teaches the claimed invention as discussed above for Claim 28 except in the explicit embodiment of Figure 1 that at least one of the following: wherein the outer wrapper further comprises a second layer, wherein the second layer comprises a metallized layer, wherein the outer wrapper further comprises a third layer, wherein the third layer comprises a plastic film coating or varnish layer, and wherein the outer wrapper further comprises a clay layer.
However, Focke does teach that the paper-based material construction of the invention can have vapor barrier coating, having silicone or acrylic sealing lacquer, which acts as a varnish layer and aluminum, as a metalized layer (Page 4, ll. 180-186, ENG translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Focke such that a second layer, wherein the second layer comprises a metallized layer were applied in order to protect the moisture sensitive content stored within the package, such as tobacco.
44: Focke teaches a wrapper (wrapper 13) for an unclaimed container of an unclaimed package for unclaimed and unspecified delivery systems, the wrapper comprising a first layer comprising a paper based material (paper based material, Page 8, ll. 449-455, ENG translation), wherein the paper based material has a paper weight of less than 80 gsm (range from 30-70 g/m2, Page 2, ll. 80-81, ENG translation) except for a barrier material in the explicit embodiment shown in Figure 1.
Focke teaches a barrier material (vapor barrier coating, having silicone or acrylic sealing lacquer, which acts as a varnish layer and aluminum, as a metalized layer, Page 4, ll. 180-186, ENG translation) as an additional layer/coating to be used with the paper layer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Focke such that the teaching of a barrier material were applied and provided in order to protect the moisture sensitive content stored within the package, such as tobacco.
Allowable Subject Matter
Claim 18 is 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.
Response to Arguments
Applicant's arguments filed 04/29/2026 have been fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272 - 4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/King M Chu/Primary Examiner, Art Unit 3735
