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 1-14 in the reply filed on 06/05/2026 is acknowledged.
Claims 15-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 06/05/2026.
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 4-7 and 14 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 4 recites the limitation "the outer surface" in line 3. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily understood.
Claims 5-7 and 14 fail to cure the deficiencies.
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) 1-2 and 4-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sill et al. (US 2019/0322409 A1; hereinafter Sill) in view of Geisler (US 2676745 A).
Regarding claims 1-2, 4-5, 7-9, 12, and 14, Sill discloses a food carton and blank for making comprising a floor panel (115); side panels (110) extending about a periphery of the floor panel, wherein the floor panel and side panels are configurable to form a container body (see Figures 1-2); and a closure portion (105), wherein the closure portion is configured to secure a top opening of the container body. Sill lacks a patterned barrier coating.
Geisler teaches a shipping case comprising a patterned barrier coating disposed in a pattern on one or more select portions of an outer surface of a container body (see Fig. 1 and Col 1 line 39- Col 2 line 55). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Sill’s carton blank to have the weakened folded portions covered with a barrier coating in order to preserve the integrity of the container, as taught by Geisler. Examiner notes that the coating is taught as being on both sides of the blank and each of the scored fold lines.
Regarding claim 6, Sill, as modified above, discloses a food carton and blank for making further comprising webbed corner gussets (Sill; 155) extending between adjacent side panels, wherein the floor panel, side panels, and webbed corner gussets are configurable to form the container body, and wherein the webbed corner gussets comprise fold lines (Sill; see Fig. 21), each of the webbed corner gussets including a center fold line (Sill; 170) dividing each webbed corner gusset substantially in half and fold lines formed along where the webbed corner gussets intersect with their respective adjacent side panels, and further wherein the patterned barrier coating is further disposed on the outer surface of the container body along the fold lines of the webbed corner gussets (Examiner notes that Geisler teaches providing a barrier coating on all fold lines).
Regarding claims 10-11, Sill, as modified above, discloses a food carton and blank for making wherein a first foldable lid flap and a second foldable lid flap are adapted to engage with one another when in a folded closed position (Sill; via 160/165).
Regarding claim 13, Sill, as modified above, discloses a food carton and blank for making wherein one or more of the moveable joints formed where the one or more foldable lid flaps and corresponding one or more side panels intersect are weakened, and wherein one or more of the closure flaps are configured to be removable from its respective side panel by tearing along a respective one of the one or more weakened moveable joints (Sill; see Fig. 3).
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Learn (US 2012/0000972 A1) in view of Geisler.
Regarding claims 1 and 3, Learn discloses a food service container and blank for making comprising a triangular floor panel (115); side panels (55/57/59) extending about a periphery of the floor panel, wherein the floor panel and side panels are configurable to form a container body (see Figures 22-24); and a closure portion (53), wherein the closure portion is configured to secure a top opening of the container body. Learn lacks a patterned barrier coating.
Geisler teaches a shipping case comprising a patterned barrier coating disposed in a pattern on one or more select portions of an outer surface of a container body (see Fig. 1 and Col 1 line 39- Col 2 line 55). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Learn’s carton blank to have the weakened folded portions covered with a barrier coating in order to preserve the integrity of the container, as taught by Geisler. Examiner notes that the coating is taught as being on both sides of the blank and each of the scored fold lines.
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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