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 1-14 in the reply filed on 07/22/2026 is acknowledged. The traversal is on the ground(s) that the prior art does not disclose the special technical feature of a “cellulose material of the support layer has a tensile strength and wherein the adhesive of the adhesive layer has a peel strength, wherein the peel strength of the adhesive is greater than the tensile strength of the cellulose material of the support layer” that provides unity between the two inventions identified in the Restriction Requirement dated 06/03/2026. This is not found persuasive because Smith indeed discloses a frusto-conical (i.e. cup-shaped container) and as such if the peel strength of the adhesive were not greater than the tensile strength of the paperboard substrate the seam would prematurely separate. Further, Examiner notes that Smith recites, “the force required to break this bond is greater than the force required to separate the top portion of the sleeve from the remaining portion of the sleeve” (Page 5 lines 12-14).
The requirement is still deemed proper and is therefore made FINAL.
Claims 15-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 07/22/2026.
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) 1-2, 4, 9-11, and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (WO 2005/002977 A2).
Regarding claims 1-2 and 13-14, Smith discloses a storage container with removable sleeve comprising a blank (30) for an outer part (see Figures 1-2) for encasing a cup-shaped inner container (50), which has a container casing which has an open end (see Fig. 1) and an end which is closed by a bottom (40), wherein the blank has a first end portion (80) and a second end portion (90), wherein an adhesive layer (Page 5 lines 1-5) comprising an adhesive is arranged on the first end portion and/or on the second end portion, wherein the blank can be wound to form a casing and wherein the first end portion and the second end portion can be coupled to one another in an overlap area (130; see Fig. 3) by means of the adhesive layer of the adhesive, wherein the blank further has a first front side and a second front side and the two front sides are spaced apart from one another, wherein the adhesive layer has a longitudinal extension (140) in a direction starting from the first front side to the second front side (130), wherein the adhesive layer is configured such that, in the wound state, it is arranged in the overlap area between the first end portion and the second end portion and contacts the first end portion and the second end portion, wherein the adhesive layer is dimensioned such that the first end portion and the second end portion can be detached from one another again from the coupled state in the overlap area at the adhesive layer, wherein a support layer of the blank is formed from a cellulose material (Examiner notes that paperboard is a cellulose material), wherein the adhesive layer abuts directly against the support layer in the overlap area both at the first end portion and at the second end portion, wherein the cellulose material of the support layer has a tensile strength and wherein the adhesive of the adhesive layer has a peel strength, wherein the peel strength of the adhesive is greater than the tensile strength of the cellulose material of the support layer (Page 5 lines 7-25).
Regarding claims 4 and 11, Smith discloses a container with removable sleeve wherein the adhesive layer has at least a first adhesive segment (100) and a second adhesive segment (110), as seen over the longitudinal extension, which are interrupted from one another by a first interruption (see Fig. 7), wherein the first adhesive segment has a first adhesive segment length.
Regarding claim 9, Smith discloses a container wherein a glue layer is formed in addition to the adhesive layer, wherein the adhesive layer comprises a hot-melt adhesive (Col 4 lines 30-35) and wherein the glue layer comprises a cold glue (Col 5 lines 10-15).
Regarding claim 10, Smith discloses a container wherein the adhesive layer and the glue layer are arranged laterally offset to one another with respect to the longitudinal extension (see Fig. 3).
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) 5-7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith.
Regarding claims 5-7 and 12, Smith discloses the claimed invention except for the first and second adhesive segment lengths and associated interruption distance. However, Examiner notes that it would have been an obvious matter of design choice to have Smith’s first adhesive segment length be between 0.5 mm and 15 mm; with the adhesive layer contact application surface being between 20 mm² and 500 mm² per 100 mm; and the interruption distance be between 1 mm and 25 mm, since such a modification would have involved a mere change in the size of a component depending on how much adhesive one wanted to use in the overlap area of the detachable sleeve. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ (CCPA 1955).
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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