I am not to sure about my rejection for this. It may be a stretch. We can talk about it more later when you get a chance.
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 .
This Office Action acknowledges the applicant’s amendment filed on 2/11/2026. Claims 1-26 are pending in the application.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
In view of the Appeal Brief filed on 2/11/2026, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below.
/ORLANDO E AVILES/ Supervisory Patent Examiner, Art Unit 3736
Claim Rejections - 35 USC § 103
Claim(s) 1-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’ Hara et al. 20210139200 A1 in view of Hartman et al. US 4,982,064.
With regards to claim 1, O’ Hara discloses a multi-ply bag 20 (Fig. 2B and 3) comprising: a plurality of wall panels (304/305/308/309/310/311) having a top edge and a bottom edge; and a bottom panel 306 connected to the bottom edge; wherein the plurality of wall panels and the bottom panel comprise an inner sheet facing the cavity, the inner sheet comprising a base layer (non-fluted sheet (planar sheet); Para. 0042 and 0053) and a film (Para. 0012-0013, 0042-0043, 0053 and claims 1 and 2), an outer sheet (fluted sheet; Para. 0042 and 0053) disposed opposite the cavity relative to the inner sheet, and at least one adhesive (end of Para. 0042) coupling the inner sheet and the outer sheet, the film coupled to the base layer, the film positioned facing and defining the cavity between the plurality of wall panels and the bottom panel, the outer sheet and the inner sheet being repulpable. (Para. 0052 and 0070)
It appears, O’ Hara discloses the film layer defines an interior of the container, with the first five lines of Para. 0013 and 0053, with the fluted sheet forming the outside surface of the container and the planar sheet attached to the fluted sheet, the film attached to an inner surface of the sheet and at least one adhesive (end of Para. 0042) coupling the inner sheet and the outer sheet.
However, if it is found that O’ Hara does not disclose the limitation, Hartman teaches that it was known in the art to have a container have a film layer 26 positioned facing and defining a cavity and at least one adhesive (Col 2:56-61) coupling the inner sheet and the outer sheet 25.
The inventions of O’ Hara and Hartman are both drawn to the field of containers that are capable of holding items such as food items. Each container has multiple layers including film and paper. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in O’ Hara by providing a film layer positioned facing and defining a cavity and at least one adhesive coupling the inner sheet and the outer sheet as taught by Hartman, for the purposes of providing a liner for a paper ply bag or accommodating food type articles the adhesive to attach all of the layers together.
With regards to claim 2, O’ Hara (Fig. 2B and 3) discloses the wall panels (304/305/308/309/310/311) comprise main panels and side panels.
With regards to claim 3, Hartman further teaches the adhesive (at 15) is an adhesive pattern. (Fig. 3)
With regards to claim 4, O’ Hara teaches the use of adhesive to attach the layers together and inherently discloses voids formed between the planer sheet and fluted sheet but it does not specifically disclose the adhesive pattern is discontinuous such that a one or more void is defined between the inner sheet and the outer sheet.
Hartman further teaches the adhesive pattern (at 15) is discontinuous such that a one or more void is defined between the inner sheet and the outer sheet. (Fig. 3)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in O’ Hara by providing an adhesive pattern discontinuous such that one or more voids are defined between the inner sheet and the outer sheet as taught by Hartman, for an alternative way of attaching the layers together for effective bonding.
With regards to claim 5, O’ Hara inherently discloses voids formed between the planer sheet and fluted sheet but it does not specifically disclose at least one void is vented.
Hartman further teaches at least one void (27) is vented (vent maze/slits). (Fig. 3)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in O’ Hara by providing at least one void that is vented as taught by Bannister, for the purposes of releasing gas that may build up in the container.
With regards to claim 6, O’ Hara (Fig. 2B and 3) discloses the plurality of wall panels (304/305/308/309/310/311) and the bottom panel 306 are formed from a unitary blank.
With regards to claim 7, O’ Hara (Fig. 2B and 3) discloses the plurality of wall panels (304/305/308/309/310/311) and the bottom panel 306 are portions of the unitary blank.
With regards to claim 8, O’ Hara (Fig. 2B and 3) discloses the film comprises a reflective layer. (Para. 0054 and 0076)
With regards to claim 9, O’ Hara (Fig. 2B and 3) discloses the reflective layer comprises metal. (Para. 0054 and 0076)
With regards to claim 10, O’ Hara (Para. 0076) discloses the film comprises multiple layers and wherein at least one of the multiple layers is a reflective layer.
With regards to claim 11, O’ Hara (end of Para. 0076) discloses at least one of the multiple layers is a protective layer.
With regards to claim 12, O’ Hara (Fig. 2B and 3) discloses a multi-ply bag 20 comprising: a metallized film (aluminum; Para. 0012-0013, 0041-0043, 0053, 0076 and claims 1 and 2) having a first film surface and a second film surface, the first film surface facing a bag interior; a first paper layer (non-fluted sheet (planar sheet); Para. 0042 and 0053) having a first paper surface and a second paper surface, the second film surface applied to the first paper surface; a second paper layer (fluted sheet; Para. 0042 and 0053) having a third paper surface and a fourth paper surface, the second paper layer coextensive with the first paper layer, the third paper surface coupled to the second paper surface by a plurality of adhesive areas (end of Para. 0042).
As stated above, it appears, O’ Hara discloses the film layer defines an interior of the container, with the first five lines of Para. 0013 and 0053, with the fluted sheet forming the outside surface of the container and the planar sheet attached to the fluted sheet and the film attached to an inner surface of the planar sheet.
See claim 1, for Hartman teaching of the formation of the layers.
O’ Hara teaches the use of adhesive to attach the layers together and inherently discloses voids between the planer sheet and fluted sheet. However if it is found to not be so, Hartman also teaches that it was known in the art to have a plurality of voids 27 defined by the first paper layer 25, the second paper layer, and the plurality of adhesive areas 15. (Fig. 3)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in O’ Hara by providing a plurality of voids defined by the first paper layer, the second paper layer, and the plurality of adhesive areas as taught by Bannister, for an alternative way of attaching the layers together for an effective bonding.
With regards to claim 13, Hartman further teaches the plurality of adhesive areas (at 15) comprise at least one adhesive pattern. (Fig. 3)
With regards to claim 14, O’ Hara does not specifically disclose a plurality of voids are vented
Hartman further teaches a plurality of voids (at 27) are vented. (Fig. 3)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in O’ Hara by providing a plurality of voids that are vented as taught by Hartman, for the purposes of releasing gas that may build up in the container.
With regards to claim 15, O’ Hara (Fig. 2B and 3) discloses the metallized film is a film assembly, and wherein the film assembly comprises at least one reflective layer and at least one protective layer. (coatings of a micro plastics material; Para. 0054 and 0076)
With regards to claims 16 and 17, O’ Hara (Fig. 2B and 3) discloses the bag is repulpable. (Para. 0052 and 0070)
With regards to claim 18, O’ Hara (Fig. 2B and 3) discloses each of the first paper layer (non-fluted sheet (planar sheet); Para. 0042 and 0053), second paper layer (fluted sheet; Para. 0042 and 0053), and metallized film (aluminum; Para. 0012-0013, 0042-0043, 0053 and claims 1 and 2) are repulpable. (Para. 0052 and 0070)
With regards to claim 19, O’ Hara (Fig. 2B and 3) discloses a multi-sheet bag 20 comprising: an inner sheet assembly having a film (Para. 0012-0013, 0042-0043, 0053 and claims 1 and 2) side defining an interior surface of the multi-sheet bag, the inner sheet assembly (film and non-fluted sheet (planar sheet); Para. 0042 and 0053) having an opposite side; an outer sheet (fluted sheet; Para. 0042 and 0053) coupled to the opposite side.
As stated above, O’ Hara teaches the use of adhesive to attach the layers together and would inherently disclose voids between the planer sheet and fluted sheet. However if it is found to not be so, Bannister also teaches that it was known in the art to have at least one void (zones) disposed between the inner sheet 10/58 and the outer sheet 56/54; and at least one vent (vent maze/slits 84/86) defined between the at least one void and an exterior of the multi-sheet bag. (Para. 0059, 0066, 0070 and 0073)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in O’ Hara by providing at least one void disposed between the inner sheet and the outer sheet; and at least one vent defined between the at least one void and an exterior of the multi-sheet bag as taught by Hartman, for an alternative way of attaching the layers together for effective bonding and releasing gas that may build up in the container.
With regards to claim 20, Hartman further teaches each of the at least one vent (at 27) is selectively sealable (with adhesive 15). (Fig. 3)
With regards to claim 21, O’ Hara (Fig. 2B and 3) discloses the film is a metallized film. (aluminum; Para. 0012-0013, 0042-0043, 0053 and claims 1 and 2)
With regards to claim 22, O’ Hara discloses the film comprises a reflective layer. (Para. 0076)
With regards to claim 23, O’ Hara discloses the reflective layer comprises metal. (aluminum; Para. 0076)
With regards to claim 24, O’ Hara discloses the film comprises multiple layers and wherein at least one of the multiple layers is a reflective layer. (aluminum; Para. 0076)
With regards to claim 25, O’ Hara discloses at least one of the multiple layers is a protective layer. (coatings of a micro plastics material; Para. 0076)
With regards to claim 26, O’ Hara discloses the inner sheet assembly and the outer sheet are repulpable. (Para. 0052 and 0070)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-26 have been considered but are moot because a new ground of rejection.
Conclusion
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/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736