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
Claim 5, withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/01/26.
The traversal is on the ground(s) that the groups are substantially the same. This is not found persuasive because they not the same and have different structures.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-7,20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holby (USPN 2016/0212944).
With respect to claim 1, Holby shows (see figs 16-19) a food (berry plants) package, comprising: a shell (321) comprising by a peripheral wall (327) and a bottom wall (325), the shell (321) having an outer face and an interior face defining an interior space for holding food; a protrusion (339) extending upward from the bottom wall (325) into the interior space, the protrusion (339) having a bottom end (at the bottom of container, inside view) and a distal end (the peak on the inside); and one or more ventilation apertures (335,337) disposed upon the protrusion (339), the one or more ventilation apertures (335,337) forming a fluid channel through the shell (321), wherein the one or more ventilation apertures (335,337) are configured to permit air flow into the interior space.
With respect to claim 2, Holby shows wherein the protrusion (339) is substantially central to the bottom wall (325).
With respect to claim 3, Holby shows the distal end of the protrusion (339) is substantially central to the interior space.
With respect to claim 4, Holby shows a bottom opening (335) disposed upon the bottom wall and positioned at the bottom end of the protrusion (339), wherein the bottom opening (335) is in fluid connection with the ventilation apertures (335,337) to allow air to flow through the bottom opening (335) and ventilation apertures (335,337) into the interior space.
With respect to claim 6, Holby shows wherein the one or more ventilation apertures (335,337) are disposed upon the distal end of the protrusion (339).
With respect to claim 7, Holby shows wherein the protrusion (339) comprises a side surface (not labeled but shown in fig. 18) extending upward from the bottom end and a top surface at the distal end.
With respect to claim 20, Holby shows wherein a height of the protrusion (339) is between 10% and 90%, inclusive, of a height of the food package. (this ratio is shown in fig. 18)
Allowable Subject Matter
Claim 8-19, 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques 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.
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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736
