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 with traverse of Claims 1 and 6-11 in the reply filed on 05/19/2026 is acknowledged. The traversal is on the ground(s) that the prior art does disclose the claimed special technical feature of the instant application. This is not found persuasive because Toppan discloses a blank for making a cup wherein a tape (i.e. resin layer along a margin of the blank) extends from a bottom edge to the top edge (see Figures 4 and 7). Examiner notes that the claimed feature is recited in the alternative of “…wherein the edge tape extends to the top edge or ends at about 50% of the height of the rim portion”. Examiner notes that Toppan at least satisfies the former.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/19/2026.
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 1 and 6-13 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 1 recites the limitation "the height" in line 14. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily understood.
Claims 6-11 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 and 6-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toppan Printing (JP 2014024571 A; hereinafter Toppan).
Regarding claims 1, 8, and 10, Toppan discloses a blank for forming a disposable cup comprising opposing first and second surfaces (i.e. interior and exterior surfaces); opposing first and second side edges (i.e. left and right marginal edges; see Fig. 4) opposing top and bottom edges; a rim portion (23) extending across the top edge; and an edge tape (i.e. resin layer 3d/26; Examiner considers the resin layer to extend as an edge tape) extending along the first side edge from the bottom edge toward the top edge (see Fig. 7), the edge tape folded over such that the edge tape extends along the first surface and second surface (see Fig. 9 and Par. 0029); wherein the first side edge extends such that the edge tape folds over onto itself in at least part of the rim portion; wherein the first side edge extends in a straight line from the bottom edge to the start of the rim portion and then extends at an angle from the straight line portion; and wherein the edge tape extends to the top edge (see Figures 4 and 7).
Regarding claim 6, Toppan discloses a blank for forming a disposable cup wherein at least one of the first and second surfaces comprises a coating (3a-b).
Regarding claim 7, Toppan discloses a blank for forming a disposable cup wherein the second side edge extends with a straight line from the bottom edge to the start of the rim portion and then extends at an angle (25a) from the straight line portion.
Regarding claim 9, Toppan discloses a blank for forming a disposable cup wherein the blank is rolled into a circular or conical sleeve such that the first and
second side edges overlap with the first side edge with edge tape in an inside
position (see Fig. 3); wherein the blank is sealed along at least part of the overlapping portion; wherein the rim portion is rolled or folded over to form a cup rim (see Fig. 5); and further comprising a bottom portion (30) connected at a base of the sleeve.
Regarding claim 11, Toppan discloses a blank for forming a disposable cup further comprising a lid (10) heat-sealed to the rim (see Par. 0044).
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
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