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 action is in response to the documents received on September 5, 2025.
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.
Claims 1-3, 5-8, 10-14 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over MALLIGAN et al. (US 2016/0145030) in view of LYZENGA et al. (US 2013/0121623)
In reference to claim 1, MALLIGAN et al. discloses a method of assembling a packaged product comprising: establishing a package 10 from a layer of material, the package having a first panel and a second panel connected 26 at a first interfacing edge of the first panel and a second interfacing edge of the second panel to define a first compartment 28 and a second compartment 30, each compartment being respectively recloseable 24; and filling the first compartment with a first set of consumable product (e.g. candies).
LYZENG et al. teaches a method of filling a resealable (paragraph [0060]) compartment of a package with a set of pouches (i.e. wrapping), each pouch of the set of pouches containing consumable product (e.g. candies; paragraph [0085]). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the filling step in the method of MALLIGAN et al. to include a set of pouches containing consumable product since paragraph [0003] of LYZENG et al. states that filling a package with such a set of product is well known for the purpose of shipping and hermetic storage of the product.
Regarding claim 2, paragraph [0036] of MALLIGAN et al. discloses filling the first compartment with a first set of product having a first expected duration of time (life) that is shorter than a second expected duration of time for a second set of product in the second compartment.
With respect to claim 3, paragraph [0102] of MALLIGAN et al. discloses folding the layer of material to form the first and second panels of the packaging.
In reference to claims 5-8, paragraph [0098] and figure 1 of MALLIGAN et al. discloses heat sealing a first end 16 of the first and second panels and a second end 18 of the first and second panels packaging; defining a first tear point 38 at the first end 16 to allow access to a first recloseable seal 24 and a second tear point 38 at the second end 18 to allow access to a second recloseable seal 24 (paragraph [0088]); wherein the first and second recloseable seals 24 extend along a third end of the packaging such that the first recloseable seal allows access into the first compartment 28 and the second recloseable seal allows access into the second compartment 30.
Regarding, 10, figures 10B & 10C disclose the first and second tear points 38 as slits that overlap/align when the first and second compartments 28, 30 are folded over one other.
With respect to claims 11, 13 and 14, figure 23 discloses establishing a third compartment in the packaging; and paragraph discloses filling a second set of consumable product into the second compartment and a third set of consumable product in the third compartment (paragraph [0033]), wherein the respective sets of consumable product have different consumption rates (paragraph [0036]).
In reference to claim 12, figure 19 discloses the knowledge in the art to establish three compartments 1928, 1930, 1932 in a packaging, wherein a first 1928 and second 1932 compartment are of a size that is different from the third compartment 1930.
Regarding claim 15, paragraph [0040] of MALLIGAN et al. discloses establishing tear (perforation) lines in the first panel of the packaging to define a point of separation between the first and second compartments.
With respect to claim 17, paragraph [0098] OF MALLIGAN et al. discloses the material forming the panels of the packaging as a low density polyethylene (LDPE) that is a known recyclable material.
In reference to claims 18 and 19, paragraph [0098] of MALLIGAN et al. further discloses the material of the packaging having a gas (oxygen) barrier (e.g. foil) that forms an inner layer of the panels defining the compartments.
Claims 4, 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over MALLIGAN et al. (US 2016/0145030) in view of LYZENGA et al. (US 2013/0121623) as applied to claims 1 and 6, and further in view of REAUX (US 10,610,449).
In reference to claims 4 and 9, the method of MALLIGAN et al. discloses filling and establishing a packaging having first and second slits 38 at opposing ends, but does not disclose placement of the packaging after a consumable product has been placed therein. REAUX teaches a method of assembling a package comprising: establishing multiple compartments of packaging with a reclosable seal (figure 8A) and tear joints; filling the multiple compartments (figure 5); and inserting the multi-compartmented packaging into an outer package (e.g. box; figure 6). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have further modified the method of MALLIGAN et al. to include the step of inserting the packaging into an outer packaging, such as a box) since column 2 lines 28-31 of REAUX suggests that such a modification is known of the purpose of protecting the packaging for storage and sale.
Regarding claim 16, although paragraph [0040] of MALLIGAN et al. discloses establishing tear (perforation) lines in the first panel of the packaging to define a point of separation between the first and second compartments, and figure 10C discloses folding the first and second compartments over/onto one another, MALLIGAN et al. does not disclose folding the packaging in an accordion fashion as claimed. Figure 3 of REAUX teaches a method of establishing a packaging 10 into multiple compartments having a resealable closure; and folding the compartments of the packaging into an accordion configuration. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have further modified the method of MALLIGAN et al. to include accordion folding of the packaging since column 4 lines 15-21 of REAUX suggests that such a modification to be effectively stored within an outer packaging, such as a box for the purpose of storage and/or sale.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over MALLIGAN et al. (US 2016/0145030) in view of LYZENGA et al. (US 2013/0121623) as applied to claim 1, and further in view of DelDUCA et al. (US 2003/0054074).
With respect to claim 20, although paragraph [0098] of MALLIGAN et al. further discloses the material of the packaging having a gas (oxygen) barrier (e.g. foil) that forms an inner layer of the panels defining the compartments for the purpose of controlling moisture within the packaging, MALLIGAN et al. does not disclose also providing an oxygen scavenger as claimed. DelDUCA et al. teaches a method of packaging comprising: exposing an inside of a packaging compartment (figure 4); connecting at least one oxygen scavenger 28 to an inner layer of the packaging compartment (figure 6A; paragraphs [0054-0055]); and enclosing (figure 6B) the at least one oxygen scavenger within the compartment. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the method of MALLIGAN et al. to connecting an oxygen scavenger to an inner layer the packaging compartments and enclosing the oxygen scavenger(s) therein since paragraph [0061] of DelDUCA et al. suggests securing and sealing an oxygen scavenger within a packaging allows for oxygen levels within a packaging to be rapidly reduced for the purpose of preserving the consumption quality of a product therein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention. In particular, BIERSCHENK et al. (US 2011/0154783) teaches a method of filling a bag compartment with individually packaged candies and McMAHON et al. teaches a method of establishing a multi-compartmented package with a resealable closure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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, Shelley Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Other helpful telephone numbers are listed for applicant's benefit:
Allowed Files & Publication (888) 786-0101
Assignment Branch (800) 972-6382
Certificates of Correction (703) 305-8309
Fee Questions (571) 272-6400
Inventor Assistance Center (800) PTO-9199
Petitions/special Programs (571) 272-3282
Information Help line 1-800-786-9199
/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
September 18, 2026
