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 without traverse of Claims 1-16 and 18 in the reply filed on 08/10/2026 is acknowledged.
Claims 17 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/10/2026.
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) 1-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bothor et al. (US 2020/0223199 A1; hereinafter Bothor).
Regarding claims 1, 10-11, and 18, Bothor discloses a sheetlike composite, especially for production of dimensionally stable food or drink product containers, comprising a cellulosic board substrate (105; see Par. 0191) having a first side and a second side; an outermost heat seal layer (113; see Par. 0332 and 0364) on the first side of the cellulosic board substrate; an oxygen barrier resin layer (see Par. 0163) between the first side of the cellulosic board substrate and the outermost heat seal layer; and a metal oxide coated polymer barrier (108; see Par. 0167) film between the first side of the cellulosic board substrate and the outermost heat seal layer. Examiner notes that Bothor discloses using the composite for food containers that include lids, sidewalls, and connected bases.
Regarding claim 2, Bothor discloses a composite wherein the cellulosic board substrate has a maximum transmittance (%T) in a range of 300-700 nm of 4.0 % or less (see Par. 0023-0024).
Regarding claim 3, Bothor discloses a composite wherein the cellulosic
board substrate has a basis weight in a range of 180 to 300 pounds per 3000 ft² (see Par. 0031).
Regarding claim 4, Bothor discloses a composite wherein the oxygen barrier resin layer comprises polyvinyl alcohol (see Par. 0040).
Regarding claim 5, Bothor discloses a composite wherein the oxygen barrier resin layer comprises ethylene vinyl alcohol (see Par. 0164).
Regarding claim 7, Bothor discloses a composite wherein the metal oxide coated polymer barrier film comprises at least one of aluminum oxide and silicon oxide (see Par. 0053).
Regarding claim 8, Bothor discloses a composite wherein the metal oxide coated polymer barrier film comprises at least one of polyester or polyolefin (see Par. 0168).
Regarding claims 6 and 9, Bothor discloses a composite wherein the outermost heat seal layer comprises at least one of low density polyethylene and ethylene methyl acrylate (see Par. 0181).
Regarding claim 12, Bothor discloses a composite wherein the cellulosic structure has at least 80%, by weight, cellulosic content (see Par. 0191-0192 and 0315-0316).
Regarding claims 13-16, Bothor discloses a composite wherein the cellulosic structure has an oxygen transmission rate of less than 1 cc/m2/day at 1 atm after folding to 90 degrees (see Par. 0174).
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
