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
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 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) 1-2, 6-10, 13, 16-20, and 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chatelain (US 8499929 B2).
Regarding claims 1-2, 13, 17, and 19-20, Chatelain discloses a slide and shell container comprising a package body including a package cavity defined by a first package panel (5), a second package panel opposite said first package panel (see Figures 1-2), a first package end (3) joining said first package panel and said second package panel, and a second package end joining said first package panel and said second package panel (see Figures 1-2); at least one open end (end opposite to element 4; see Fig. 2) of said package body, said at least one open end being in communication with said package cavity; and at least one content retaining member (6) including a first end and a second end, wherein said first end of said at least one content retaining member is attached to at least one removable portion of said first package panel of said package body (attached via tear tape [not shown]; see Col 7 lines 40-50), and wherein said second end of said at least one content retaining member is attached to said second package panel of said package body, said at least one content retaining member being removable from said package body via separation of said removable portion from said first package panel (see Col 7 lines 40-50).
Regarding claims 6-8, 16, 18, and 22, Chatelain discloses a package wherein said at least one content retaining member includes an inner surface with an adhesive (Col 9 lines 50-55). Examiner notes that the adhesive of the content retaining member does not contact the contents.
Regarding claims 9-10, Chatelain discloses a package wherein said removable portion of said first package panel is connected to a remainder of said first package panel via at least one line of relative weakness (Col 7 lines 40-50). Examiner considers the tear tape to present a line of relative weakness.
Regarding claim 23, Chatelain discloses a package wherein at least said first
end of said at least one content retaining member is pullable away from a reminder of
said first package panel via a tab (Examiner considers the end of element 7 to present as a tab).
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) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chatelain in view of Bouline et al. (US 9914572 B2; hereinafter Bouline).
Regarding claim 28, Chatelain discloses the claimed invention except for a container for holding comestibles. Bouline teaches a packaging with an openable end for holding and dispensing comestibles (Col 1 lines 20-50). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Chatelain’s container to be used for comestibles, as taught by Bouline.
Allowable Subject Matter
Claims 11-12, 15, and 24-27 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
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
