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 § 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 1-4, 6, 8-11, 13, 15, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over French Document No. 2.053.590 (hereinafter FR ‘590), Japanese Document No. 2012-51590 to Ibata (hereinafter Ibata), and U.S. Patent No. 5,080,497 to Peppiatt (hereinafter Peppiatt ‘497).
Regarding claim 1, FR ‘590 discloses a bag for receiving bulky products or diapers (machine translation paragraph [0001], which meets the structure implied by the recitation “sized to completely envelope said large object”);
the bag comprising a plurality of surfaces;
the bag having two ends and two sides (Fig. 2);
the bag with one outer panel (gripping device; Fig. 4) having graspable points created by at least two holes (defined between parts 1 and 3, and between parts 2 and 3) in the outer panel of the bag (Fig. 4);
the outer panel (gripping device) having four sides (Fig. 4);
each of the four sides having an edge (Fig. 4);
the outer panel (gripping device) formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag (Fig. 2);
the gripping device does not overflow from the volume of the bag or sachet once filled, but is placed intimately on the side (which becomes the deployed gusset after filling the bag or sachet) on the edges of which it is welded (machine translation claim 4), which meets the recitation “said one or more outer panels attached solely by two edges to said bag so that central section of said one or more outer panels is separate from said bag forming a space for a user to fit their hand through said holes in each of said one or more outer panels;
each of said one or more outer panels constructed so that it can be pulled away from said bag while remaining attached to said bag by said two edges creating said space”;
the outer panel (gripping device) providing at least two or more holes (defined between parts 1 and 3, and between parts 2 and 3 in Fig. 4), which meets the structure implied by the functional recitation “where said bag can be grasped to lift, shift, or carry said large object;”
the outer panel (gripping device) sealed to the bag by the two edges that are parallel (Fig. 2) creating a planar surface with the graspable points (machine translation claim 4).
However, FR ‘590 does not disclose the outer panel comprising two or more of the same panel, wherein each of the two or more of the same outer panel are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag. Ibata teaches that it known in the art to provide two of the same outer panel (2a and 2b) or more of the same outer panel (3a, 3b, 3c, and 3d), herein each outer panel are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of an analogous bag (Figs. 1 and 2). It would have been obvious to a person having ordinary skill in the art to provide the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata, in order to allow stable holding of the bag.
Furthermore, FR ‘590 does not disclose the bag having an opening in one end. Peppiatt ‘497 teaches that it is known in the art to provide an opening in one end of an analogous bag (Fig. 6). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide an opening on one end of the FR ‘590 bag, as in Peppiatt ‘497, in order to place an object inside the bag.
Regarding claim 2, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “each of said two or more outer panels is attached to the outer surface of one or more ends of said bag.”
Regarding claim 3, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “each of said two or more outer panels is attached to the outer surface of each of the one or more sides of said bag.”
Regarding claim 4, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “said two or more outer panels are attached to top or bottom surface or top and bottom surface of said bag.”
Regarding claim 6, FR ‘590 discloses the bag and the outer panel (gripping device) is made of the same material as the gusseted bag (machine translation paragraph [0001]). Therefore, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “said bag and each of said two or more outer panels…consists of a foldable material."
Regarding claim 8, FR ‘590, Ibata, and Peppiatt ‘497 disclose the claimed invention, as discussed above, except for each of the two or more outer panels being approximately 5” to 20” wide. It would have been an obvious matter of design choice to a person having ordinary skill in the art before the effective filing date of the claimed invention to make each of the two or more outer panels approximately 5” to 20” wide in the modified FR ‘590 bag, since such a modification would have involved a mere change in the size of a component; in this case the component being the width of the handle material. A change in size is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 9, FR ‘590 discloses the outer panel is a single layer of material. Therefore, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “each of said two or more outer panels is a single layer of material.”
Regarding claim 10, FR ‘590, Ibata, and Peppiatt ‘497 disclose the claimed invention, as discussed above, except for each of the two or more outer panels comprising multiple layers of material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use multiple layers of material to form each of the two or more outer panels in the modified FR ‘590 bag, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 11, FR ‘590 discloses the outer panel (gripping device) comprises multiple pre-punched holes (defined between parts 1 and 3, and between parts 2 and 3 in Fig. 4) to provide the graspable points. Therefore, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “each of said two or more outer panels comprises multiple pre-punched holes to provide said graspable points.”
Regarding claim 13, FR ‘590 discloses the pre-punched holes do not extend into the enclosure of the bag.
Regarding claim 15, Peppiatt ‘497 discloses upon completion of loading, the supplier may seal the bottom bag (column 6, lines 62-68). Therefore, providing an opening in one end of the FR ‘590 bag, as in Peppiatt ‘497 and discussed above, meets the structure implied by the recitation “a device for closing said bag once said large object is placed in said bag.”
Regarding claim 16, Peppiatt ‘497 discloses upon completion of loading, the supplier may seal the bottom bag (column 6, lines 62-68). Therefore, providing an opening in one end of the FR ‘590 bag, as in Peppiatt ‘497 and discussed above, meets the structure implied by the recitation “said device seals said bag closed.”
Regarding claim 18, FR ‘590 discloses filling the bag with bulky product or diapers. Insofar as independent claim 1 recites the “large object” in functional terms, and dependent claim 18 fails to set forth the size of “a roll of carpet or a rug, floor lamp, pieces of sheet rock, wall panels, office partitions, furniture, or picture frame” with any degree of certainty or precision, the FR ‘590 bag being filled with bulky material or diapers, as discussed above, meets the structure implied by claim 18.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over French Document No. 2.053.590 (hereinafter FR ‘590), Japanese Document No. 2012-51590 to Ibata (hereinafter Ibata), and U.S. Patent No. 5,080,497 to Peppiatt (hereinafter Peppiatt ‘497) as applied to claim 1 above, and further in view of Patent Application Publication No. 2018/0362216 to Kohn et al. (hereinafter Kohn ‘216).
Regarding claim 7, FR ‘590, Ibata, and Peppiatt ‘497 disclose the claimed invention, as discussed above, except for the bag and the two or more outer panels being polyethylene produced from virgin resin, post-consumer content recycled resin, post-industrial content recycled resin, bioresins, compostable resins, or any combination thereof. Kohn ‘216 teaches that it is known in the art to use polyethylene produced from virgin resin, post-consumer content recycled resin, post-industrial content recycled resin, bioresins, compostable resins, or any combination thereof for an analogous bag. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use polyethylene produced from virgin resin, post-consumer content recycled resin, post-industrial content recycled resin, bioresins, compostable resins, or any combination thereof for the bag and the two or more outer panels of the modified FR ‘590 bag, as in Kohn ‘216, in order to provide a bag that is strong enough to function as a bag or cover.
Alternatively, claims 1-4, 6, 8-11, 13, 15, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over French Document No. 2.053.590 (hereinafter FR ‘590), Japanese Document No. 2012-51590 to Ibata (hereinafter Ibata), U.S. Patent No. 5,080,497 to Peppiatt (hereinafter Peppiatt ‘497) and U.S. Patent No. 5,059,034 A to Shulz.
Regarding claim 1, FR ‘590 applies as above and Examiner takes the position that FR ‘590 shows the outer panel attached only along welds (F2). To the degree that there may be some lack of clarity as the machine translation discloses welds along “F1” and “F2” and F1 is not present in the drawings.
Shulz demonstrates a similar package having an outer panel attached to a bag having holes therein whereby the panel is sealed to the top panel at ends 4 and 5.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of FR ‘590 and seal the outer panel or panels to the bag by a pair of opposite edges to allow the edges to stay attached to the bag, but the central portion to be able to lift away from the bag to create space for a user’s hand as suggested by Shulz (Col. 2; Ll. 23-28).
Regarding claim 2, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “each of said two or more outer panels is attached to the outer surface of one or more ends of said bag.”
Regarding claim 3, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “each of said two or more outer panels is attached to the outer surface of each of the one or more sides of said bag.”
Regarding claim 4, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “said two or more outer panels are attached to top or bottom surface or top and bottom surface of said bag.”
Regarding claim 6, FR ‘590 discloses the bag and the outer panel (gripping device) is made of the same material as the gusseted bag (machine translation paragraph [0001]). Therefore, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “said bag and each of said two or more outer panels…consists of a foldable material."
Regarding claim 8, FR ‘590, Ibata, and Peppiatt ‘497 disclose the claimed invention, as discussed above, except for each of the two or more outer panels being approximately 5” to 20” wide. It would have been an obvious matter of design choice to a person having ordinary skill in the art before the effective filing date of the claimed invention to make each of the two or more outer panels approximately 5” to 20” wide in the modified FR ‘590 bag, since such a modification would have involved a mere change in the size of a component; in this case the component being the width of the handle material. A change in size is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 9, FR ‘590 discloses the outer panel is a single layer of material. Therefore, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “each of said two or more outer panels is a single layer of material.”
Regarding claim 10, FR ‘590, Ibata, and Peppiatt ‘497 disclose the claimed invention, as discussed above, except for each of the two or more outer panels comprising multiple layers of material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use multiple layers of material to form each of the two or more outer panels in the modified FR ‘590 bag, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 11, FR ‘590 discloses the outer panel (gripping device) comprises multiple pre-punched holes (defined between parts 1 and 3, and between parts 2 and 3 in Fig. 4) to provide the graspable points. Therefore, providing the outer panel of FR ‘590 bag as two or more of the same outer panel, wherein each of the two or more of the same outer panels are formed by directly attaching an additional layer of material along one or more ends, one or more sides, or a top or bottom surface or a top and bottom surface of the bag, as in Ibata and discussed above, meets the recitation “each of said two or more outer panels comprises multiple pre-punched holes to provide said graspable points.”
Regarding claim 13, FR ‘590 discloses the pre-punched holes do not extend into the enclosure of the bag.
Regarding claim 15, Peppiatt ‘497 discloses upon completion of loading, the supplier may seal the bottom bag (column 6, lines 62-68). Therefore, providing an opening in one end of the FR ‘590 bag, as in Peppiatt ‘497 and discussed above, meets the structure implied by the recitation “a device for closing said bag once said large object is placed in said bag.”
Regarding claim 16, Peppiatt ‘497 discloses upon completion of loading, the supplier may seal the bottom bag (column 6, lines 62-68). Therefore, providing an opening in one end of the FR ‘590 bag, as in Peppiatt ‘497 and discussed above, meets the structure implied by the recitation “said device seals said bag closed.”
Regarding claim 18, FR ‘590 discloses filling the bag with bulky product or diapers. Insofar as independent claim 1 recites the “large object” in functional terms, and dependent claim 18 fails to set forth the size of “a roll of carpet or a rug, floor lamp, pieces of sheet rock, wall panels, office partitions, furniture, or picture frame” with any degree of certainty or precision, the FR ‘590 bag being filled with bulky material or diapers, as discussed above, meets the structure implied by claim 18.
Alternatively, claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over French Document No. 2.053.590 (hereinafter FR ‘590), Japanese Document No. 2012-51590 to Ibata (hereinafter Ibata), and U.S. Patent No. 5,080,497 to U.S. Patent No. 5,080,497 to Peppiatt (hereinafter Peppiatt ‘497) and U.S. Patent No. 5,059,034 A to Shulz. as applied to claim 1 above, and further in view of Patent Application Publication No. 2018/0362216 to Kohn et al. (hereinafter Kohn ‘216).
Regarding claim 7, FR ‘590, Ibata, and Peppiatt ‘497 disclose the claimed invention, as discussed above, except for the bag and the two or more outer panels being polyethylene produced from virgin resin, post-consumer content recycled resin, post-industrial content recycled resin, bioresins, compostable resins, or any combination thereof. Kohn ‘216 teaches that it is known in the art to use polyethylene produced from virgin resin, post-consumer content recycled resin, post-industrial content recycled resin, bioresins, compostable resins, or any combination thereof for an analogous bag. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use polyethylene produced from virgin resin, post-consumer content recycled resin, post-industrial content recycled resin, bioresins, compostable resins, or any combination thereof for the bag and the two or more outer panels of the modified FR ‘590 bag, as in Kohn ‘216, in order to provide a bag that is strong enough to function as a bag or cover.
Response to Arguments
Applicant's arguments filed 23 June 2026 have been fully considered but they are not persuasive.
Applicant argues regarding FR, that the single outer panel is sufficient since it is only used to lift diapers. Examiner notes an additional outer panel would aid in stability as well as increase the carrying capacity i.e. if more or heavier diapers were included in the bag. Examiner notes that an additional panel would be attached similarly to the existing outer panel, but on a different portion of the bag.
Applicant argues that FR does not state that the outer panel is attached by only two edges. Examiner notes that FR only clearly demonstrates or discloses two edges of the outer panel are attached to the bag. Examiner notes that FR does not disclose attachments at all four edges of the embodiment in Fig. 4. Examiner notes that FR only shows two weld portions (F2) for attaching the outer panel. To the degree that there may be some unclarity as the machine translation discloses welds F1 and F2, but only welds F2 are shown in the drawings (specifically two instances of F2) an alternative rejection has been made in view of Shulz which clearly shows a similar panel attached by two parallel edge attachments.
Examiner notes that Ibata is relied on to teach the ability to have additional outer panels included, the specific structure of the panels of Ibata are not intended to be included. Again, Examiner notes an additional outer panel would aid in stability as well as increase the carrying capacity i.e. if more or heavier diapers were included in the bag, or if the bag were used to carry other items.
It is noted that the FR device allow for a user to grasp and pull the outer panel away from the surface of the bag creating space for a hand and only specifically notes welds along two edges of the outer panel. Examiner respectfully disagrees that it would not make sense to include two or more outer panels for the reasons noted above.
It would have been obvious for the maker to weigh the pros and cons of using a single layer or multiple layers as such a change would have required a mere choice of a known suitable material, and likewise, the material of said layer or layers.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.T.T./Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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