DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. The amendment filed on August 12, 2026 has been entered in the above-identified application. Claims 1 and 3 are amended, claims 6 and 8 are canceled, and new claim 16 has been added. Claims 1-5, 7, and 9-16 are now pending and under consideration.
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.
3. Claims 1-5, 7, and 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over Mikkonen et al. (US 2011/0256362 A1).
Mikkonen et al. disclose a modified fibrous product (equivalent to the three-dimensional food packaging of the claimed invention) wherein transparent areas are generated in the fibrous product, such as in a paper or a cardboard sheet or in a paper or a cardboard web (equivalent to the cellulosic fibrous material of the claimed invention). A carbohydrate derivative that includes a plasticizer is incorporated into the fibrous product (meeting the limitation that the cellulosic fibrous material is impregnated with a polymer), and the carbohydrate derivative (equivalent to the cellulose derivative of claim 4), which is plasticized with the plasticizer, is brought, in a liquid state and under pressure, to migrate in between the fibers of the product in such a way that at least part of the plasticizer penetrates into the lumens of the fibers, in which case the fibrous product becomes transparent (meeting the limitation that the impregnated portion has a light transmittance above 60% for visible light and meeting the limitations of claims 2 and 5) in the treated area. By using the solution, it is possible to simplify the method of further processing paper or cardboard for consumer packages. The present invention can be applied to, among other products, envelopes having a window through which the address is visible. Other applications are all kinds of foodstuff and consumer packages in which windows for product display are currently used (meeting the limitations of claims 12, 13, and 15). In general, the disclosed invention aims at essentially changing or controlling, or both, the permeability of visible light and of UV and IR radiation. Thus, the term "transparent" refers to products which have been prepared to be either "transparent" or "translucent". It should also be noted that the permeability within different wavelength ranges can be changed by using different color/additive agents. In certain products, the aim is to limit the penetration of the UV radiation, which otherwise might easily trigger reactions in, for instance, foodstuffs, but at the same time allow the penetration of visible light. (see Abstract and paragraphs 0023-0031, 0035, 0051-058, 0061-0067, and Examples).
With regards to the limitation that the impregnated portion comprises an oxygen barrier, a grease barrier, and/or a moisture barrier, the Examiner takes the position that such a property limitation is inherent in the carbohydrate derivative that is incorporated into the fibrous product, given that the chemical composition of the materials used by Mikkonen et al. and that of the claimed invention are identical.
With regards to the limitations that the sealing portion is provided at one side of the impregnated portion that comprises a higher concentration of the polymer than a respective other opposite side, the food packaging comprises a plurality of impregnated portions, the impregnated portion has a thickness that is of 5 microns or above, the food packaging comprises more than 70 wt% of cellulose, and the packaging wall comprises a grammage between 30 g/m² and 800 g/m², the Examiner would like to point out that workable physical properties, shapes, and concentrations are deemed to be obvious routine optimizations to one of ordinary skill in the art, motivated by the desire to obtain the required properties.
Response to Arguments
4. Applicant's arguments filed on August 12, 2026 have been fully considered but they are not persuasive. Applicants state that the concentration of the polymer at the impregnated portion may vary between the packaging interior and the side opposite thereto. However, the Examiner would like to point out that the shape or concentration of the polymer layer are deemed to be obvious routine optimizations to one of ordinary skill in the art, motivated by the desire to obtain the required properties. Differences in shapes and concentration will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such shapes and concentrations are critical.
Conclusion
5. 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.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEEBA AHMED whose telephone number is (571)272-1504. The examiner can normally be reached Monday-Thursday 7am-6pm.
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, CALLIE SHOSHO can be reached at 571-272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHEEBA AHMED/Primary Examiner, Art Unit 1787
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