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 .
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 2-4 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 2 recites the limitation "the short fiber cellulose" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the fibers" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the fibers" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 10, 11 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parker et al. (US 2020/0063368) [hereinafter Parker].
Regarding claims 1 and 16, Parker discloses a paper comprised of 100% bleached short fiber, presenting high resistance, and comprising mineral filler which comprises calcium carbonate (paragraphs [0074], [0292], [0663] and [0400-0401]).
Regarding claim 2, Parker discloses the short fiber cellulose being fibrillated (paragraph [0038]).
Regarding claim 3, Parker discloses a fiber distribution in which the fibers comprise a width between 10µm and 20µm, and a variable length between 0.2-3.2 mm (paragraphs [0110], [0059] and [0147]).
Regarding claim 10, Parker discloses the paper is compostable and recyclable (paragraphs [0186] and [0653]; claim 20).
Regarding claim 11, Parker discloses the paper exhibits smoothness and uniformity on a surface of the paper (paragraphs [0471], [0502] and [0522]).
Regarding claim 13, Parker discloses the paper is suitable for direct contact with food (paragraphs [0637], [0649] and [0653]).
Regarding claim 14, Parker discloses the paper exhibits a grammage between 70 and 210 g/m2 (paragraph [0448]).
Regarding claim 15, Parker discloses the mineral filler is present in an amount of up to 10% by weight (paragraph [0292-0293]).
Regarding claim 17, Parker discloses the paper comprises a portion of a wrapping, box packaging, corrugated paper or a corrugated bag (paragraphs [0637] and [0643-0649]).
Regarding claim 18, Parker discloses a food packaging article comprising the claimed paper (paragraphs [0637-0649]).
Regarding claim 19, Parker discloses a food packaging article comprising at least two layers, wherein each layer is comprised of a paper comprising 100% bleached short fiber, the paper exhibiting high strength and comprising mineral filler (paragraphs [0074], [0292], [0663], [0400-0401], [0473], [0644]).
Regarding claim 20, the limitation “is configured and arranged for storage of frozen and hot foods” is a recitation of the intended use of the claimed invention. It has been held that a claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. As shown above, Parker clearly teaches all the structural limitations of the claimed article. Accordingly, the article of Parker is capable of performing the intended use recited in claim 20.
Allowable Subject Matter
Claim 5-9 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Parker fails to teach or reasonably suggest the distinct features recited in claims 5-9 and 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781
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