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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 11 – 21, and 26 – 30 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Wood et al. (USPGPub 2017/0303536 A1).
Wood et al. disclose a sachet for preventing spoilage of a perishable good (Figures 1 and 1A, #10; Paragraphs 0041 and 0169) comprising: one or more composites (Figures 1 and 1A, #16, 18, and 20), wherein each composite of the one or more composites comprises one or more bioactive compounds and a carrier material (Figures 1 and 1A, #16, 18, and 20; Paragraphs 0052 – 0054 and 0065 – 0073); and a transmitting layer configured to enclose the composite and allow transmission of the one or more bioactive compounds (Paragraph 0169; Figures 1 and 1A, $14) as in claim 1. Wood et al. further disclose a sheet for preventing spoilage of a perishable good (Figures; Abstract; Paragraph 0041) comprising: one or more composites (Figures 1 and 1A, #16, 18, and 20), wherein each composite of the one or more composites comprises one or more bioactive compounds and a carrier material (Figures 1 and 1A, #16, 18, and 20; Paragraphs 0052 – 0054 and 0065 – 0073); and a substrate configured to hold the composite (Paragraph 0035), wherein the sheet is configured to transmit the one or more bioactive compounds onto the perishable good (Figures; Abstract; Paragraph 0041) as in claim 11. With respect to claim 12, the one or more composites is coated onto the substrate (Paragraphs 0086 and 0092, 0096). Regarding claim 13, the one or more composites at least partially impregnate the substrate (Paragraphs 0086 and 0087). For claim 14, the one or more bioactive compounds are selected from a group consisting of trans-2-hexenal, trans-2-octenal, trans-2- nonenal, trans-2-decenal, trans-2-dodecenal, cuminaldehyde, citronellal, thymol, perillaldehyde, carvacrol, citral, carvone, pulegone, eugenol, bornyl acetate, 1-octanol, terpinen-4-ol, linalool, trans-anethole, trans-cinnamaldehyde, ethyl octanoate, ethyl nonanoate, ethyl decanoate, methyl octanoate, methyl nonanoate, methyl decanoate, fenchol, borneol, camphor, methyl eugenol, menthol, methyl salicylate, methyl anthranilate, methyl jasmonate, phenylethyl acetate, phenylacetic acid, cinnamic acetate, gamma-octalactone, gamma-decalactone, eucalyptol, farnesol, geraniol, furaneol, geranium oil, lavender oil, thyme oil, clove oil, (-)-bornyl acetate, (-)- terpinen-4-ol, (+)-carvone, (+)-citronellal, (R)-(+)-citronellal, (S)-(-)-citronellal, (R)-(+)- pulegone, thymol, 4-allylanisole, cis-3,7-dimethyl-2,6-octadien-1-ol (nerol), citronellol, methyl trans cinnamate, myrcene, ocimene, terpineol, 1-methyl-3-methoxy-4-isopropylbenzene, menthol, menthone, isomenthone, vanillin, geranyl formate, palmitic acid, (S)-(-)-perillaldehyde, nootkatone, hinokitiol, d-limonene, s-limonene, p-cymene, terpinene, nerolidol, 3-decen-2-one, ionone, damascenone, and other stereoisomers of these compounds, and combinations thereof (Paragraph 0052 – 0054). In claim 15, the carrier material is selected group consisting of water, paraffin, petroleum, natural waxes, sunflower wax, carnauba wax, rice bran wax, candelilla wax, beeswax, resin, synthetic polymer, biodegradable natural polymer, ceramic, modified cellulose, methyl cellulose, surfactants, mesoporous silica nanoparticles, microporous alumina, anodized aluminum, activated carbon, zeolites, metal carboxylates, inorganic compounds, and combinations thereof (Paragraphs 0065 – 0075). With regard to claim 16, the sheet further comprises: an adhesive layer configured to secure the sheet to a container; and a peel-away layer configured to be removed from the adhesive layer to expose the adhesive layer (Figure 1A, #34 and 25). As in claim 17, the adhesive layer is mixed or infused with the one or more bioactive compounds (Paragraphs 0035 and 0087). With respect to claim 18, the sheet further comprises: a peel-away layer configured to be removed from the sheet to allow the release of the one or more bioactive compounds (Paragraphs 0010 and 0079). Regarding claim 19, the sheet further comprises a topcoat layer configured to adjust a release rate of the one or more bioactive compounds (Paragraphs 0087, 0092 and 0094). For claim 20, the topcoat layer further comprises the one or more bioactive compounds (Paragraph 0087). In claim 21, the sheet is configured to be secured to an outside surface of the container (Paragraphs 0035 and 0036, wherein the sheet may be adhered to any surface). Wood et al. also disclose a system for preventing spoilage of a perishable good, the system comprising: the sheet according to Claim 11; and a container configured to hold the perishable good, wherein the sheet is placed proximate to the container and configured to release the one or more bioactive compound into the container and onto the perishable good (Paragraphs 0035, 0036, 0041; Figures; Abstract) as in claim 26. Wood et al. disclose a system for preventing spoilage of a perishable good, the system comprising: the sheet according to Claim 19; and a permeable container, wherein the sheet is placed on an outside surface of the permeable container, and wherein the sheet is configured to release the one or more bioactive compounds through the permeable container and onto the perishable good (Paragraphs 0035, 0036, 0041; Figures; Abstract, wherein the sheet may be adhered to any surface) as in claim 27. Wood et al. also disclose a spoilage preventing product for preventing spoilage of a perishable good, the spoilage preventing product comprising: one or more composites, wherein each composite of the one or more composites comprises one or more bioactive compounds and a carrier material; and a transmitting layer configured to enclose the composite and allow transmission of the one or more bioactive compounds (Paragraphs 0035, 0036, 0041; Figures; Abstract, wherein the sheet may be adhered to any surface) as in claim 28. With respect to claim 29, the one or more composites are sandwiched between layers of the sheet (Figures 1 and 1A, #12, 14, 16, 18, and 20; Paragraphs 0052 – 0054 and 0065 – 0073). For claim 30, the sheet further comprises: one or more capping layers, wherein the one or more capping layers are located on a top plane and a bottom plane of the sheet (Figures 1 and 1A, #12 and 14).
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 22 – 24 are rejected under 35 U.S.C. 103 as being unpatentable over Wood et al. (USPGPub 2017/0303536 A1) in view of Tatlock et al. (USPGPub 2019/0225404 A1).
Wood et al. further disclose a sheet for preventing spoilage of a perishable good (Figures; Abstract; Paragraph 0041) comprising: one or more composites (Figures 1 and 1A, #16, 18, and 20), wherein each composite of the one or more composites comprises one or more bioactive compounds and a carrier material (Figures 1 and 1A, #16, 18, and 20; Paragraphs 0052 – 0054 and 0065 – 0073); and a substrate configured to hold the composite (Paragraph 0035), wherein the sheet is configured to transmit the one or more bioactive compounds onto the perishable good (Figures; Abstract; Paragraph 0041). However, Wood et al. fail to disclose the sheet further comprises at least one topcoat configured to prevent loss of the one or more bioactive compounds into environment, the at least one topcoat comprises an image, infographic, text, or a combination thereof, and the image, infographic, text, or a combination thereof is a separate layer on top of the at least one topcoat.
Tatlock et al. teach a label, or sheet, (Paragraph 0002; Abstract) comprising at least one topcoat configured to prevent loss of the one or more bioactive compounds into environment (Paragraphs 0050, 0060, and 0073; Figure 1), the at least one topcoat comprises an image, infographic, text, or a combination thereof (Paragraphs 0055 and 0073; Figure 1), and the image, infographic, text, or a combination thereof is a separate layer on top of the at least one topcoat (Paragraphs 0055 and 0073; Figure 1) for the purpose of improving the shelf life of a food product (Paragraphs 0003 and 0006).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a topcoat configured to prevent loss of the one or more bioactive compounds into environment and an image in Wood et al. in order to improve the shelf life of a food product as taught Tatlock et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patricia L Nordmeyer whose telephone number is (571)272-1496. The examiner can normally be reached 10am - 6:30pm EST, Monday - Friday.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 June 3, 2026
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