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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 4, 6, 8, 10-11, 13, 15, 21, 27-30, 33, 35, 38, and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatelain et al. (Chatelain US 2019/0152686) and further in view of Reed et al. (Reed US 2016/0114963).
1: Chatelain teaches a package for a delivery system (system shown in Figures 1-4), the package comprising: an outer container (outer container 12) comprising an access (access between 12 and 14); an inner container (inner container 20) comprising a wrapper (20 is a wrapper) configured to surround at least one delivery system (capable of wrapping around an unclaimed bundle of smoking articles 30, paragraph 0035), the wrapper being sealed by the closure of it openings (sealed by 24, at the opening of 20, Figure 1); and wherein the wrapper comprises a first layer comprising a paper based material (paper material comprising cardboard/paperboard, paragraph 0016) and an extraction region in the wrapper (extraction region at 26, Figure 1); the inner container comprising a resealable label (label 24) configured to cover the extraction region (24 covers the region of 26) and having a peripheral portion (peripheral of 24) that extends beyond the extraction region (beyond the region of 26, Figure 1) such that the extraction region of the inner container is sealed (sealed, paragraph 0023), when the label covers the extraction region (see Figure 1); and wherein the label is peelable away from the wrapper (label 24 is peelable from the wrapper 20) during use to open the extraction region to provide access to the at least one delivery system (provide access to 30, see Figure 1) except for the explicit teaching of the paper based material has a paper weight of less than 80 gsm.
Reed teaches that common wrappers are made from paper weight ranging from 40 to 120 gsm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chatelain such that the teaching of common wrapper paper based material generally have a paper weight ranging from 40 to 120 gsm, such as 80 gsm. Furthermore, Applicant has provided no evidence that different portions of the broad range or values would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in values concerning an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233, MPEP 2144.05.
2: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 and Chatelain further teaches that the label comprises a tab (tab at 24, see Figure 1 below) which is configured to be gripped by a consumer to open the inner container
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4: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 and Chatelain further teaches that the paper based material is a coated paper, and wherein the coated paper comprises a paper layer with a barrier coating (metallized paper, wherein the barrier coating is the metal, paragraph 0016).
6: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 and Chatelain further teaches that the paper based paper is a coated paper, wherein the barrier coating is a metallized layer (metallized paper, paragraph 0016) except that the barrier coating is a plastic film coating or a varnish layer.
Chatelain teaches that the container, inner frame, inner bundle, and outer wrapper may be formed from any suitable materials including, but not limited to, cardboard, paperboard, plastic, metal or combinations thereof (paragraph 0016).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chatelain-Reed such that the metallized paper above is further provided with a plastic material in order to provide moisture barrier property to the inner wrapper.
8: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 and Chatelain further teaches that the paper based material is a barrier paper, and wherein the barrier paper comprises a paper layer that is impregnated with a barrier material (metallized paper, wherein the barrier material is the metal, paragraph 0016).
10: Chatelain-Reed teaches the claimed invention as discussed above for Claim 8 and Chatelain further teaches that the barrier material is a plastic, varnish, or metal (the barrier material is metal, metallized paper, paragraph 0016).
11: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 and Chatelain further teaches that wrapper further comprises a metallized layer (metallized paper, wherein the second layer is the metal part of the metallized paper, paragraph 0016).
13: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 and Chatelain further teaches that the paper based paper is a coated paper, wherein the barrier coating is a metallized layer (metallized paper, paragraph 0016) except that the wrapper further comprises a plastic film coating or varnish layer.
Chatelain teaches that the container, inner frame, inner bundle, and outer wrapper may be formed from any suitable materials including, but not limited to, cardboard, paperboard, plastic, metal or combinations thereof (paragraph 0016).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chatelain-Reed such that the metallized paper above is further provided with a plastic material/layer in order to provide moisture barrier property to the inner wrapper.
15: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 and Chatelain further teaches that wherein at least one of the following: wherein the package further comprises an inner frame (inner frame 50) located within the inner container, wherein each component of the package is formed from a material comprising the first layer of paper based material, and wherein the paper based material has a paper weight of less than 80 gem, or less than 70 gsm, or less than 50 gsm, or less than 45 gsm.
21: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 and Chatelain further teaches that wherein 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 (wrapper is sealed at the edges of 24 overlapping the edges of 30), 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.
27: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 and Chatelain further teaches that 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 (teaches an outer wrapping film [0010], in a paperboard material [0016]).
28: Chatelain-Reed teaches a package for a delivery system (system shown in Figures 1-4), the package comprising: an outer container (outer container 12) comprising an access (access between 12 and 14); and 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 (teaches an outer wrapping film [0010], in a paperboard material [0016]) except for the explicit teaching of the paper based material has a paper weight of less than 80 gsm.
Reed teaches that common wrappers are made from paper weight ranging from 40 to 120 gsm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chatelain such that the teaching of common wrapper paper based material generally have a paper weight ranging from 40 to 120 gsm, such as 80 gsm. Furthermore, Applicant has provided no evidence that different portions of the broad range or values would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in values concerning an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233, MPEP 2144.05.
29: Chatelain-Reed teaches the claimed invention as discussed above for Claim 28 and Chatelain further teaches an inner frame located within the outer container (frame 15).
30: Chatelain-Reed teaches the claimed invention as discussed above for Claim 28 and Chatelain further teaches 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 (the barrier coating is metal, metallized paper, paragraph 0016).
33: Chatelain-Reed teaches the claimed invention as discussed above for Claim 28 and Chatelain further teaches that 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 (metallized paper, wherein the barrier material is the metal, paragraph 0016).
35: Chatelain-Reed teaches the claimed invention as discussed above for Claim 28 and Chatelain further teaches that wherein at least one of the following: wherein the outer wrapper further comprises a second layer wherein the second layer comprises a metallized layer (metallized layer, metallized paper, paragraph 0016), 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.
38: Chatelain-Reed teaches the claimed invention as discussed above for Claim 28 and Chatelain further teaches comprising a tamper evident mean (tamper evident means 24, where once seal 24 is opened, the adhesive will be partially weakened since being exposed to air and particulates in the air and will appear as not perfectly sealed).
44: Chatelain-Reed teaches a wrapper for a container of a package for delivery systems, the wrapper comprising a first layer comprising a paper based material, and a barrier material (wrapper 20, paragraph 0016, metalized paper, and the barrier material is metal) except for the explicit teaching of the paper based material has a paper weight of less than 80 gsm.
Reed teaches that common wrappers are made from paper weight ranging from 40 to 120 gsm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chatelain such that the teaching of common wrapper paper based material generally have a paper weight ranging from 40 to 120 gsm, such as 80 gsm. Furthermore, Applicant has provided no evidence that different portions of the broad range or values would work differently, here, there is no allegation of criticality or any evidence demonstrating any difference across the range therefore such a modification would have involved a mere change in values concerning an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233, MPEP 2144.05.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatelain et al. (Chatelain US 2019/0152686) and further in view of Reed et al. (Reed US 2016/0114963) and further ) in view of Bertuzzi et al. (Bertuzzi US 8,474,612).
3: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 except that the label comprises a tab which is attached to an inside surface of the lid.
Bertuzzi teaches that tab 25 is attached to the inside of lid 10, Figure 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chatelain such that the tab of Chatelain is attached to the inside lid in order to facilitate the tab to be immediately grabbable when the lid is opened.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatelain et al. (Chatelain US 2019/0152686) and further in view of Reed et al. (Reed US 2016/0114963) and further ) in view of Powell et al. (Powell US 5,427,235).
18: Chatelain-Reed teaches the claimed invention as discussed above for Claim 1 except wherein at least one of the following: wherein the wrapper further comprises a first clay layer on the inner surface of the first layer, wherein the wrapper comprises a first clay layer on the inner surface of the first layer and a second clay layer on the outer surface of the first layer, wherein the wrapper further comprises a first clay layer on the inner surface of the first layer and one of the metallized layer and the plastic film or varnish layer is applied on the inner surface of the first clay layer, and wherein the wrapper further comprises a first clay layer on the inner surface of the first layer and one of the metallized layer and the plastic film or varnish layer is applied on the inner surface of the first clay layer and the other of the metallized layer and the plastic film or varnish layer is applied on the inner surface of the metallized or plastic film or varnish layer on the inner surface of the first clay layer.
Powell teaches Powell teaches a clay layer/coating with a paper material, col. 10, ll. 1-15.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chatelain-Reed such that an additional clay layer was provided on the inner surface of the first layer in order to provide graphics and/or branding information on the inner layer in order to convey information to a user when the wrapper is opened, col. 10, ll. 1-15.
Response to Arguments
Applicant's arguments filed 10/30/2025 have been fully considered but they are not persuasive.
In reference to Claims 1, 28, and 44, Applicant argues that with the inclusion of the limitation “wherein the paper based material has a paper weight of less than 80 gsm,” the claims would be allowable over the Chatelain reference. The Examiner respectfully disagree. Applicant amendment include limitations that were not previously considered in combination with the independent claims and the claimed value of 80 gsm is within known ranges for paper material used in a common outer wrapper, as discussed above in the rejections of Claims 1, 28, and 44. Applicant’s arguments are not persuasive.
In reference to the remaining claims, Applicant argued that the applied references for those remaining claims failed to teach their respective claimed features by referring back to the now addressed claim(s) (see above). Applicant did not specifically and particularly point out the specifics of the applied reference(s) that failed to meet the remaining claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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