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 Group I (claims 1-12) in the reply filed on 08/18/2025 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)).
Further, the previously indicated Species restriction requirements have been withdrawn per the latest conducted interview on July 23rd. 2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The disclosure is objected to because of the following informalities:
The filed specification missing some headings, for example; BRIEF SUMMARY OF THE INVENTION, DETAILED DESCRIPTION OF THE INVENTION, DETAILED DESCRIPTION OF THE INVENTION, etc.
Appropriate correction is required.
The abstract of the disclosure is objected to because it is referring to elements by numbers. The filed abstract needs to eliminate element numbers.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 103
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 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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kastanek et al. (U.S. Pub. No. 2012/0211552) in view of Pham (U.S. Pub. No. 2005/0155877).
Regarding claim 1: Kastanek discloses a blank cut for packaging a portion of food (via “beverage bottles and tins, for packaging food and beverage products”) comprising fold lines (Fig. 1; via the shown fold lines in blank 3) enabling said blank cut to be formed into an envelope (Figs. 1-5) in which said portion can be packaged before closing said envelope,
said fold lines defining a blank cut having a lower panel (via 17) intended to form a lower wall of said envelope, said lower panel being extended on either side by respective first and second side flaps each having a side panel (via 21/23) intended to form a side wall of said envelope and an upper panel segment (via 31/35) which has an edge connected to said side panel and an opposite edge (Figs. 1-5), said segments being arranged to form together an upper wall of the envelope by bringing their opposite edge together (Fig. 2-5; via 31/35 closed together), said blank cut being characterized in that;
each of said opposite edges (via edges of 31/35) is equipped with an opening tab (Fig. 3; via 49a) having a base (Fig. 3; via body 125) extending from said opposite edge, said bases being arranged so as to be associated with one another such that they peel off when the opening tabs are pulled (Figs. 3-4; via when tab portion 49a pulled base body 125 gets peeled off), each of said side flaps having two tear lines (Fig. 1; via 105/115).
Kastanek does not specifically suggest the exact arrangements of the tear lines to extend, from one edge of the base of the tab, along the upper panel segment and the side panel, the lower panel being devoid of tear line.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Kastanek’s blank with having a tear off line extending from one edge of the base of the tab, along the upper panel segment and the side panel, the lower panel being devoid of tear line, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Alternatively, Pham discloses similar blank cut with tear off lines to be extended, from one edge of the base of the tab, along the upper panel segment and the side panel, the lower panel being devoid of tear line, see for example (Figs. 1-9; via tear off lines for 110/310).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Kastanek’s blank with having a tear off line extending from one edge of the base of the tab, along the upper panel segment and the side panel, the lower panel being devoid of tear line, as suggested by Pham, in order to save and convey printed information on the interior surface of the tear off strip only after opening the container (paragraph 0008).
Regarding claim 2: Kastanek discloses that the upper panel segments have a similar dimension to form the two halves of the upper wall of the envelope (Figs. 2-3; via 103/105).
Regarding claim 3: Kastanek may not suggest that a complex comprising an outer layer based on cellulose fibers and an inner sealing layer. However, the Office takes an official notice that such use of blanks with outer layer is based on cellulose fibers and an inner sealing layer is old and well known in the art, see for example (Applicant’s Admitted Prior Art, AAPA; files specification, page 1, lines 11-14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Kastanek’s blank by having a complex comprising an outer layer based on cellulose fibers and an inner sealing layer, as a matter of design choice to be made, in order to improve the quality of the blank and be able to maintain and hold food articles safely.
Regarding claim 4: Kastanek discloses that the inner layers of the bases of the tabs are arranged to be peelably associated, see for example (Fig. 3; via 49a/125 is peel-ably).
Regarding claim 5: Kastanek discloses that at least one of the inner layers of the bases of the tabs is peelable and/or is provided with a peelable varnish (Fig. 3; via peelable portion 49a).
Regarding claim 6: Kastanek discloses that the tear lines are formed by at least partial ablation of only the outer layer (Fig. 3; via the shown tear lines of 125).
Regarding claim 7: Kastanek discloses that the upper panel segment and the side panel of each of the flaps are formed between two-fold lines, said lines extending over the base of the tab, see for example (Fig. 1; via the shown fold lines between upper and side panels 23 & 103).
Regarding claim 8: Kastanek discloses that each of the tear lines extends relative to a fold line, forming a band between them (Fig. 1; via each of tear lines 105/115).
Regarding claim 9: Kastanek may not disclose that each of the bands has a width which is less than 10% of the width of the upper panel segments, in particular less than 5%.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Kastanek’s bands to be with a width which is less than 10% of the width of the upper panel segments, in particular less than 5%, since 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 Aler, 105 USPQ 233.
Regarding claim 10: Kastanek discloses a transverse edge from which an opening tab extends, and an opposite transverse edge on which the other tab is formed, see for example (Figs. 1-3; via the shown two end tab portions 87a/87b and/or 49a/49b).
Regarding claim 11: Kastanek discloses two longitudinal borders extending on either side of the side flaps and the lower panel, said borders being equipped with fold lines for forming side walls of the envelope, see for example (Fig. 1; via the shown longitudinal borders 51a/51b).
Regarding claim 12: Kastanek discloses that the lower panel and the side flaps each have a quadrilateral geometry to form a parallelepiped envelope, see for example (Figs. 2 & 5; via the shown top quadrilateral geometry).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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, Shelle Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731
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