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 claims 1-11 in the reply filed on 12/16/2025 is acknowledged.
Claims 12-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/16/2025.
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 10 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 10 recites the broad recitation “wherein the total thickness of the upper film and the lower film is less than any of 60 microns”, and the claim also recites “55 microns, 50 microns, 45 microns, or 40 microns” which is the narrower statement of the range/limitation. Claim 10 also recites the broad recitation “the compressed fiber core has a basis weight of between any of the following ranges, 300 to 1100 grams per square meter (gms)””, and the claim also recites “350 to 900 gsm, 400 to 700 gsm, 450 to 600 gsm” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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, 2, 6, 8, 9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over WALLACE (WO 2015081348-of record).
Regarding claim 1, discloses a method for making a food packaging article
comprising the steps of:
a. providing a compressed fiber web of unwoven fiber material (wicking material, [0054]), the compressed fiber web having a first surface and a second surface (Figs. 6a and 6b);
b. applying an upper film (upper thermoformable polymer sheet) to the first surface of the compressed fiber web (fibrous wicking material sheet), the upper film being a multi-layer film (claim 30);
c. applying a lower film (lower thermoformable polymer sheet) to the second surface of the compressed fiber web (fibrous wicking material sheet) (claim 30);
d. thermoforming the compressed fiber web, upper film and lower film into a three-dimensional thermoformed food packaging article (claim 30).
WALLACE is silent to wherein the total film content of the thermoformed food packaging article is less than 15 wt% as compared to the total weight of thermoformed food packaging article. However, WALLACE discloses the fibrous wicking material sheet is non-woven material and has a thickness at least three times the thickness of the upper polymer sheet (claim 40). Therefore, it would have been obvious to one of ordinary skill in the art the total film content of the thermoformed food packaging article would be less than the total weight of thermoformed food packaging article and it would have been obvious to have determined the optimum thickness or total weight of the film content through routine experimentation.
Regarding claim 2, WALLACE discloses barrier sheets [0070].
Regarding claim 6, WALLACE discloses one lower sheet.
Regarding claim 8, WALLACE discloses placing food in the article [0084]-[0086].
Regarding claim 9, WALLACE is silent to overwrapping the tray with a polymeric film and then shrinking the polymeric film. However, it would have been obvious to one of ordinary skill in the art such method is common in the plastic food tray industry where they shrink wrap plastic trays for further packaging.
Regarding claim 11, WALLACE discloses the article is a tray (Claim 1).
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over IIJIMA et al. (JP 2015140497).
Regarding claim 1, IIJIMA et al. discloses a method for making a food packaging
article comprising the steps of:
a. providing a compressed fiber web of unwoven fiber material, the compressed fiber web having a first surface and a second surface;
b. applying an outer layer to the first surface of the compressed fiber web, the outer layer being a multi-layer film (abstract);
c. applying a lower film to the second surface of the compressed fiber web (a multilayer nonwoven fabric of three or more layers composed of two outer layers and an inner layer sandwiched between them) (abstract);
d. thermoforming the compressed fiber web, upper film and lower film into a three-dimensional thermoformed food packaging article (thermocompression – Example 1).
IIJIMA et al. is silent to wherein the total film content of the thermoformed food packaging article is less than 15 wt% as compared to the total weight of thermoformed food packaging article. However, IIJIMA et al. discloses the basis weight of the multilayer nonwoven fabric is preferably 10 to 200 g/m2 and that an excellent elastic recovery rate is desired. Therefore, it would have been obvious to one of ordinary skill in the art to have determined the optimum total film content of the article as claimed through routine experimentation.
Regarding claims 2-3, IIJIMA et al. discloses a barrier such as an adhesive comprising polyvinyl alcohol-based resin.
Regarding claims 4-5, IIJIMA et al. discloses compressing the multilayer through embossing rollers at temperatures of at least 115ºC.
Regarding claim 7, IIJIMA et al. discloses airlaid nonwoven fabric.
Regarding claim 8, IIJIMA et al. discloses placing food in the article.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) LI et al. (2009/0274920) discloses thermoformed article made from polymer composition.
b) ERIKSSON (2012/0085661) discloses pouch type food tray wherein an absorbing kernel is enclosed by a first layer and a second layer.
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STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/Primary Examiner, Art Unit 1742