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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 7, 2026 has been entered.
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.
Claims 1, 2, 4 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Harrison (U.S. 2006/0130962 A1) in view of Kim et al. (U.S. 2018/0194538).
Regarding claim 1, Harrison teaches a thermally-insulating packaging assembly (see Abstract), comprising an enclosure (box; paragraph [0004], [0064]) having a plurality of walls defining an interior volume (cavity of box) therebetween for receiving a plurality of beverage containers (paragraph [0004]), each of the plurality of walls including a substrate 7 (paragraphs [0061 ]-[0062]), a first adhesive layer (paragraph [0074]), and a metallized layer 102 (102, 104; paragraph [0066]); figure 2) coupled to the substrate via the adhesive layer (paragraph [0074]).
Further regarding claim 1, Harrison discloses the claimed invention except for the second metallized layer. Kim et al. teaches that it is known to provide a container with a second metallized layer (see two metallized layers 140). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method Harrison with the box having a second metallized layer, as taught by Kim et al., in order to provide additional waterproofing material, as disclosed by Kim et al.
Regarding claim 2, a heat-resistant coating layer 103 coupled to the metallized layer (paragraph [0056]).
Regarding claim 4, the second metallized layer (as modified by Kim et al.) is configured to reflect light away from the interior volume of the packaging assembly (metallized layers are reflective; see also paragraph [0067]).
Regarding claim 6, the first metallized layer 102 is configured to insulate the contents of the packaging assembly (aluminum 102 has insulative properties; paragraph [0080]).
Regarding claim 7, the first metallized layer 102 contains aluminum (paragraph [0080]) and the second metallized layer contains aluminum (paragraph [0010] of Kim et al.).
Regarding claim 8, the base layer 7 (understood to be the substrate) contains one or both of a paperboard material or a cardboard material (paragraphs [0061 ]-[0062]).
Claims 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Harrison (U.S. 2006/0130962 A1) in view of Lindstedt et al. (WO 2017/220662A1) and Kim et al. (U.S. 2018/0194538).
Regarding claim 9, Harrison teaches a multi-layer packaging assembly (see Abstract), comprising a plurality of walls arranged to define an interior space (cavity of box), at least one of the plurality of walls including a base layer 7 (paragraphs [0061]-[0062]), an insulating adhesive layer (paragraph [0074]) disposed atop the base layer 7 (figure 2), a metallized layer 102, 104 (paragraph [0066]) coupled to the base layer 7 via the insulating adhesive layer (paragraph [0074]), and a heat-resistant coating layer disposed atop the metallized layer 103 (paragraph [0056]).
Further regarding claim 9, Harrison discloses the claimed invention except for the printable coating and second metallized layer. Lindstedt et al. teaches that it is known to provide a container with a printable coating (see “Advantage” paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method Harrison with the box having a printable coating, as taught by Lindstedt et al., in order to provide a durable surface to print images for advertising the contents.
Kim et al. teaches that it is known to provide a container with a second metallized layer (see two metallized layers 140). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method Harrison with the box having a second metallized layer, as taught by Kim et al., in order to provide additional waterproofing material, as disclosed by Kim et al.
Regarding claim 10, the first metallized layer 102 is located on an outward-facing side of the base layer (paragraphs [0061]-[0063]).
Regarding claim 11, the first metallized layer 102 is configured to reflect light away from the interior space (“reflective”; paragraph [0067]).
Regarding claim 12, the second metallized layer (as modified by Kim et al.) located on an inward-facing side of the base layer (140 of Kim et al.).
Regarding claim 13, the second metallized layer (as modified by Kim et al.) is configured to insulate the contents of the packaging assembly (aluminum has insulative properties; paragraph [0080]).
Claims 14, 15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Harrison (U.S. 2006/0130962 A1) in view of Zacherle et al. (U.S. 2021/0221588), Lindstedt et al. (WO 2017/220662A1) and Kim et al. (U.S. 2018/0194538).
Regarding claim 14, Harrison teaches a method of forming a multi-layer packaging assembly (see Abstract), comprising providing a substrate 7 (paragraphs [0061 ]-[0062]), depositing an adhesive layer on the substrate (paragraph [0074]), depositing a metallized layer 102, 104 (paragraph [0066]) on the adhesive layer (paragraph [0074]; figure 2), the substrate 7, adhesive layer and the metallized layer 102, 104 forming a layered assembly (figure 2), and forming the layered assembly into an enclosure having an interior volume (box; paragraph [0004]).
Further regarding claim 14, Harrison discloses the claimed invention except for the plurality of beverage containers, the printable coating and the second metallized layer. Zacherle et al. teaches that it is known to store a plurality of beverage containers within a box (see paragraph [0002]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method Harrison with the box storing a plurality of beverage containers, as taught by Zacherle et al., in order to transport a plurality of beverage containers for sale together as a package.
Additionally, Lindstedt et al. teaches that it is known to provide a container with a printable coating (see “Advantage” paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method Harrison with the box having a printable coating, as taught by Lindstedt et al., in order to provide a durable surface to print images for advertising the contents.
Kim et al. teaches that it is known to provide a container with a second metallized layer (see two metallized layers 140). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the method Harrison with the box having a second metallized layer, as taught by Kim et al., in order to provide additional waterproofing material, as disclosed by Kim et al.
Regarding claim 15, applying a heat- resistant coating layer 103 to the metallized layer (as modified by Kim et al.).
Regarding claim 17, the second metallized layer (as modified by Kim et al.) is configured to reflect light away from the interior volume of the packaging assembly (aluminum is a reflective material).
Regarding claim 18, positioning the first metallized layer 102 on an interior of the packaging assembly adjacent contents of the packaging assembly (paragraphs [0061]-[0063]).
Regarding claim 19, the first metallized layer 102 is configured to insulate the contents of the packaging assembly (aluminum has insulative properties; paragraph [0080]).
Regarding claim 20, the first metallized layer 102 is coupled with the base layer via transfer lamination (paragraphs [0061]-[0063]).
Response to Arguments
Applicant's arguments filed April 7, 2026 have been fully considered but they are not persuasive. Applicant argues that Harrison does not teach two metallized layers on either side of the substrate. The secondary reference of Kim et al. (U.S. 2018/0194538) has been added to the rejections above for the teaching of providing two metallized layers on the interior facing and exterior facing surfaces of the substrate. Layers 140 of Kim et al. are provided on either side of the substrate for waterproofing the substrate.
Conclusion
THIS ACTION IS MADE NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m.
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, Orlando E. Avilés can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NIKI M ELOSHWAY/Examiner, Art Unit 3736
Prosecution Insights