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 § 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 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thomas (US 2012/0043323).
Claim 1
Thomas discloses a packaging (30) accommodating a tobacco product (see [0079]), and comprising a region (defined by surface of sealing sheet 36) in at least a part of a surface thereof (see figure 5), the region being imparted with antibacterial properties/treatment (see [0053] and [0059]).
Claim 2
Thomas further discloses the packaging is a hard package made of a heavy paper/paperboard (see [0051] and [0052]).
Claim Rejections - 35 USC § 103
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 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 2012/0043323) as applied to claim 1 above, and further in view of Gros (US 2016/0160058).
Claim 3
Thomas discloses the sealing sheet is provided with antimicrobial treatment/properties (see [0053] and [0059]), which provides an antibacterial performance in the surface. Thomas does not explicitly disclose the antimicrobial treatment/properties is provided as an additive. However, Gros discloses antibacterial inks, sealants, or coatings provides a water-resistant barrier that provide protection against microbial invasion and/or prevents the transfer between the treated surface and microbial contact (see [0410]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the antimicrobial treatment provided as inks, sealant, or coatings as taught by Gros as a method of applying the antimicrobial treatment.
Claim 4
Gros further discloses the additive is provided in three phases, wherein aldehydes, cetyl alcohol are ingredients used in phase 1, and ethoxylated and cetyl alcohol are ingredients for phase 2 (see [0402]).
Claim 5
Thomas does not specifically disclose the percentage the antimicrobial treatment is provided on the sealing sheet. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the antimicrobial treatment provided in at least 60% or more of the surface of the sealing sheet to provide proper antimicrobial protection to the articles enclosed within the packaging.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Thomas (US 2012/0043323) in view of Gros (US 2016/0160058).
Thomas discloses a packaging production method for producing a packaging (30) that accommodates a tobacco product (see [0079]) and that has a region (defined by surface of sealing sheet 36) in at least a part of a surface thereof, the region exhibiting antibacterial treatment/properties (see [0053] and [0059]). Thomas does not disclose applying, to a substrate of the packaging, a printing ink. However, Gros discloses antibacterial inks, sealants, or coatings provides a water-resistant barrier that provide protection against microbial invasion and/or prevents the transfer between the treated surface and microbial contact (see [0410]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the antimicrobial treatment provided as inks, sealant, or coatings as taught by Gros as a method of applying the antimicrobial treatment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736