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 1 (Figures 1-3d; and Claims 1-13 and 15) in the reply filed on 12/01/2025 is acknowledged.
Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species of invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/01/2025.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 line 14 reads, “…tab being arranged so as to associated on said seam…”. Appropriate correction is required.
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.
Claims 3-5 are 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 outer layers" in line 1; and “the inner layers” in line 3. There is insufficient antecedent basis for this limitation in the claim, therefore, the metes and bounds of the limitations are not readily understood.
Claims 4-5 fail to cure the deficiencies.
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) 1-7, 10, 12, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bonnin (FR 2957062 A1).
Regarding claims 1, 3, 10, and 15, Bonnin discloses a foldable package for portionable food product (e.g. slices of cheese), having a cover fixed in detachable way and a blank for making comprising fold lines (2102a/2107b/2103/2102; Figures 51-56 embodiment) for shaping said blank cut into an envelope in which said portion can be packaged before closing said envelope, said fold lines defining a blank cut having an upper panel (2104c) and a lower panel (2101) intended to form respectively upper and lower walls of said envelope, said lower panel being extended by a first side panel (2107a) intended to form a first side wall of said envelope; an opening tab (2107d) extending from said first side panel opposite to the lower panel (6), said tab having a base designed to be associated with a closure seam (2105) extending from the upper panel (see Fig. 51); said blank cut further presenting two tear lines (tear lines 2107c and 2102b) which each extend, from an edge of the base of the tab (Examiner considers the “base” of the tab to be the portion of the tab directly coupled to 2107a), along the first side panel and the lower panel (see Fig. 51), said blank cut being characterized in that the seam has no tear line (Examiner notes that panel 2105 is devoid of tear lines), said seam being arranged so as to be permanently associated on area region of the upper panel (Examiner considers 2105 to be “permanently associated” with 2104c since there is no tear line therebetween) and the base of the tab being arranged so as to be associated on said seam such that it can be peeled off by pulling the opening tab (see Fig. 56).
Regarding claims 2 and 4-6, Bonnin discloses a package formed by a complex comprising an outer layer based on cellulose fibers (i.e. paperboard) and an inner sealing layer (see Page 2 of translation; Examiner considers the sealing layer to be the sealing lacquer). Examiner notes that the tear lines are perforated lines through a paperboard substrate.
Regarding claim 7, Bonnin discloses a package wherein the upper panel has no tear line (see Fig. 51; Examiner notes that 2104c is devoid of tear lines).
Regarding claim 12, Bonnin discloses a package and blank for making comprising two longitudinal borders extending on either side of the upper and lower panels, said borders being equipped with fold lines for forming side walls (2104b and 2108) of the envelope (see Figures 51-53).
Allowable Subject Matter
Claims 8-9, 11, and 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.
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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