This is because your new files do not contain "VIEWPORT" entities.
You may think they do because when you activate a PS layout there is a VP. But this VP has been newly created (notice how any existing MS geometry always fits perfectly inside this VP).
A simple test:
Open an existing dwg with 2 layouts each with 1 VP on the layout:
(sslength (ssget "_X" '((0 . "VIEWPORT")))) => 4
Create a new layout:
(sslength (ssget "_X" '((0 . "VIEWPORT")))) => 4
Activate the new layout:
(sslength (ssget "_X" '((0 . "VIEWPORT")))) => 6