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 without traverse of Species II (Claims 8-15) in the reply filed on 12/08/2025 is acknowledged.
Claim Rejections - 35 USC § 102
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.
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) 8-11 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huffer (US 10493688 B2).
Regarding claim 8, Huffer discloses a packaging comprising an outer paper shell (10) and an inner membrane (42) built into the outer paper shell (see Figures 1-7); wherein the inner membrane comprises at least one edge with a first adhesive part (34; see Figures 6-7); wherein the first adhesive portion is bonded and fixed with the outer paper shell; a perforated line disposed on the outer paper shell, wherein the perforated line is hidden from view (see Figures 4-5; Examiner notes that the perforated line is beneath the removable flap; and wherein the outer paper shell comprises a covering (86) to cover the perforated line around the perforated line (see Figures 4-5).
Regarding claim 9, Huffer discloses a packaging wherein the covering comprises a sticker (20; Examiner considers the pressure sensitive adhesive portion to be a sticker).
Regarding claims 10-11 and 15, Huffer discloses a packaging wherein the outer paper shell is removed along the perforated line when the sticker is removed (see Fig. 5). Examiner considers the removable flap defined by the perforated line to generally be disposed in a middle part of a front face of the packaging.
Regarding claim 14, Huffer discloses a packaging wherein the outer paper shell and the inner membrane are rectangular after being expanded (see Fig. 4), and a crease (Examiner considers the edges to be creased) is disposed on the outer paper shell.
Allowable Subject Matter
Claims 12-13 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734