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
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over MoDuffie (U.S. Patent No. 2,934,255) in view of Duvall (U.S. Patent No. 1,736,396).
Regarding claim 1: Duffie discloses a method for making a tamper-resistant container, comprising:
(a) in a paper or plastic container having a body with a closed lower portion (Figs. 1-3; via shown body 12, inherently has closed lower portion), a middle portion adapted for storing contents (via side walls 12), a closeable upper portion (via at 16/18), a front panel, and a rear panel, punching completely through the paper or plastic to form a plurality of immediately adjacent perforations in the closable upper portion of the container (via panels 12 and perforations 28); a first plurality of immediately adjacent perforations in the front panel of the closable upper portion of the container; and a second plurality of immediately adjacent perforations in the rear panel of the closable upper portion of the container (via the shown perforations lines in both panels 28).
(b) printing a two-sided receipt that includes identifying indicia regarding the contents stored in the container on one side thereof (Fig. 1; via upper right corner prints; inherently more prints in different positions of the strip and/or container could be achieved);
(c) applying permanent adhesive to the side of the printed receipt opposite the side that includes identifying indicia regarding the contents stored in the container (claim; “and a sealing stirp medially folded and adhesively secured to the exterior edge of one wall”); and
(d) attaching the receipt to the closable upper portion of the body by folding the printed receipt in half lengthwise; placing a first portion of the adhesive covered side of the receipt over the first plurality of adjacent perforations such that the adhesive passes completely through the first plurality of adjacent perforations and the two halves of the receipt stick to each other and to the paper or plastic (Figs. 2 & 3; via 26 folded over 20 and/or folded adhesive strip as suggested by claim 1), thereby sealing the container in a permanent manner,
(e) wherein pulling upward on the receipt tears the upper portion of the container along the plurality of immediately adjacent perforations, see for example (Fig. 2; via pulling up perforated strip 26), thereby damaging the container and providing visible evidence of tampering with the seal (opened container as shown by Fig. 3).
Duffie does not disclose the first and second adhesive portions to be applied in front and rear panels over the perforation lines for the adhesive to passes completely through the perforations nor the step of pulling to tear open the container will result on tearing the upper portion of the container. However, Duvall discloses similar method with the steps of applying adhesive portions to be applied in front and rear panels over the perforation lines for the adhesive to passes completely through the perforations, see for example (Figs. 3-6; via adhesive closure tape e; and/or “my reenforcing closure stripe are then glued to the underlying portions of the exterior faces of the sidewalls…, and incidentally causing the glue to enter and fill the perforations made by the needle”); and the step of pulling to tear open the container will result on tearing the upper portion of the container (Figs. 3-5; inherently pulling threads d1 & d2 to open the container will result on damaging and tearing the upper portion of the container along with the closure tape e).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention, to have modified Duffie’s method, by having the steps of applying adhesive portions to be applied in front and rear panels over the perforation lines for the adhesive to passes completely through the perforations along with the step of pulling the upper portion of the container, as suggested by Duvall, in order to come up with more reinforcement structures to the walls of the bag while sealing and closing the top opened portion, meanwhile easy opening (column 1, lines 5-25).
Regarding claim 2: Duffie discloses that the container is an envelope, sack, or bag (via bag 10).
Regarding claim 3: Duffie discloses that “the apertures” have a predetermined geometry, and wherein the predetermined geometry is circular, square, or triangular (Figs. 1-3; via the shown circular openings 28 and/or holes of stitched line 20).
Regarding claim 4: Duffie further discloses that comprising providing a centrally placed guideline running lengthwise along the adhesive side of the receipt item for facilitating proper positioning of the receipt on the closeable upper portion of the container (via the folded central guide line of the folded strip 26; “sealing strip medially folded and adhesively secured to the exterior edge”).
Regarding claim 5: f Duffie further comprising attaching the receipt to the closable upper portion of the body in a manner that leaves a slight overhang that is used to pull the receipt in an upward direction such that the perforated upper portion tears neatly in a linear manner to unseal the container, see for example (Figs. 1-3; via the shown extended out portions in both sides of the sealing strip).
Regarding claim 6: Duffie further comprising making the overhanging portion of the receipt detachable such that the overhanging portion may be removed, see for example (Figs. 1-3; via the overhanging portions in both sides of strip 26).
Regarding claim 7: Duffie discloses the step of using a self-adhesive for the adhesive (“medially folded and adhesively secured”).
Regarding claims 8 & 16: Duffie in view of Duvall may not be clear about using a rubber-based or latex-based adhesive capable of adhering to itself for the adhesive. However, the Office takes an official notice that such use of a rubber-based or latex-based adhesive capable of adhering to itself for the adhesive, is very old and well known in the packaging art.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention, to have modified or substituted Duffie’s used adhesive by another like a rubber-based or latex-based adhesive capable of adhering to itself for the adhesive, as a matter of design and/or selecting choice, in order to come up with more efficient and easy adhesion applied to the tope portion of the closed container.
Regarding claim 9: Duffie in view of Duvall may not suggest the claimed step of printing additional information regarding the contents of the bag or the source of the contents of the bag on the body of the container. However, the Office takes an official notice that such claimed prints on a bag in different body areas, is very old and known in the art.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention, to have modified or substituted Duffie’s prints to be printed with different information at different areas of the container, as a matter of engineering design choice, in order to easily and conveniently display the information.
Regarding claim 10: Duffie discloses a method for making a tamper-resistant container, comprising:(a) in a paper or plastic container having a body with a closed lower portion (Figs. 1-3; via the shown container, inherently closed at the lower portion), a middle portion adapted for storing contents (via walls 12), and a closeable upper portion (via top portion at 14), punching completely through the paper or plastic to form a plurality of immediately adjacent perforations (via shown holes in Fig. 3 at the top portion and/or stitching line 20 in Fig. 2), each having a predetermined geometry, in the closable upper portion of the container;(b) printing a two-sided receipt that includes identifying indicia regarding the contents stored in the container on one side thereof (Fig. 1; via the shown print at the top right corner; also it is inherent that further prints would apply as desired in whatever portion of the container) ;(c) providing a centrally placed guideline running lengthwise along the side of the printed receipt opposite the side that includes identifying indicia regarding the contents stored in the container (Figs. 1-3; via the central fold line of strip 26); (d) applying permanent adhesive to the side of the printed receipt that includes the centrally placed guideline (via folded adhesive strip as suggested by claim 1); and (e) using the centrally placed guideline for proper positioning and attaching the receipt to the closable upper portion of the body by folding the printed receipt in half lengthwise and placing the adhesive covered side of the receipt over the plurality of adjacent perforations such that the adhesive passes completely through the perforations and the two halves of the receipt stick to each other and to the paper or plastic (via the adhered folded strip 26), thereby sealing the container in a permanent manner, (f) wherein pulling upward on the receipt tears the upper portion of the container along the plurality of immediately adjacent perforations (Figs. 1-3; via pulling the off portions of the adhered strip to open the container), thereby damaging the container and providing visible evidence of tampering with the seal (Fig. 3).
Duffie does not disclose the first and second adhesive portions to be applied in front and rear panels over the perforation lines for the adhesive to passes completely through the perforations nor the step of pulling to tear open the container will result on tearing the upper portion of the container. However, Duvall discloses similar method with the steps of applying adhesive portions to be applied in front and rear panels over the perforation lines for the adhesive to passes completely through the perforations, see for example (Figs. 3-6; via adhesive closure tape e; and/or “my reenforcing closure stripe are then glued to the underlying portions of the exterior faces of the sidewalls…, and incidentally causing the glue to enter and fill the perforations made by the needle”); and the step of pulling to tear open the container will result on tearing the upper portion of the container “such that” the receipt fully detaches from the container (Figs. 3-5; inherently pulling threads d1 & d2 to open the container will result on damaging and tearing the upper portion of the container along with the closure tape e being detached).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention, to have modified Duffie’s method, by having the steps of applying adhesive portions to be applied in front and rear panels over the perforation lines for the adhesive to passes completely through the perforations along with the step of pulling the upper portion of the container, as suggested by Duvall, in order to come up with more reinforcement structures to the walls of the bag while sealing and closing the top opened portion, meanwhile easy opening (column 1, lines 5-25).
Regarding claim 11: Duffie discloses that wherein the container is an envelope, sack, or bag (via containers 10).
Regarding claim 12: Duffie discloses that the predetermined geometry is circular, square, or triangular (via the shown circular shape of the holes 28 and/or stitching line 20).
Regarding claim 13: further c Duffie omprising attaching the receipt to the closable upper portion of the body in a manner that leaves a slight overhang that is used to pull the receipt in an upward direction such that the perforated upper portion tears neatly in a linear manner to unseal the container (via the shown extended out portion of strip 26 in both sides of the containers).
Regarding claim 14: further Duffie comprising making the overhanging portion of the receipt detachable such that the overhanging portion may be removed (via removable extended out overhanging portions of 26).
Regarding claim 15: Duffie further comprising using a self-adhesive for the adhesive (“medially folded and adhesively secured”).
Regarding claim 17: Duffie discloses a method for making a tamper-resistant container, comprising:(a) in a paper or plastic container having a body with a closed lower portion (Figs. 1-3; via shown containers 10, inherently with lower closed bottom), a middle portion adapted for storing contents (via body 12), and a closeable upper portion (via top portion at 14), punching completely through the paper or plastic to form a plurality of immediately adjacent perforations in the closable upper portion of the container (Fig. 3; via the shown holes at the top portion and/or Fig. 2; via stitching line 20) ;(b) printing a two-sided receipt that includes identifying indicia regarding the contents stored in the container on one side thereof (Fig. 1; via the shown prints at the top right corner, also it is inherent that other prints in other location could be applied as desired); (c) applying permanent adhesive to the side of the printed receipt opposite the side that includes identifying indicia regarding the contents stored in the container (via adhering strip 26), wherein the adhesive is a self-adhesive (“medially folded and adhesively secured”), or a rubber-based adhesive or a latex-based adhesive capable of adhering to itself; and (d) attaching the receipt to the closable upper portion of the body by folding the printed receipt in half lengthwise and placing the adhesive covered side of the receipt over the plurality of adjacent perforations such that the adhesive passes completely through the perforations and the two halves of the receipt stick to each other and to the paper or plastic, thereby sealing the container in a permanent manner (via the shown folded in half adhering strip 26), (e) wherein pulling upward on the receipt tears the upper portion of the container along the plurality of immediately adjacent perforations such that the receipt fully detaches from the upper portion of the container, thereby damaging the container and providing visible evidence of tampering with the seal (via pulling the extended out end portions of strip 26 to damage and open the container and being detached at the upper portion).
Duffie does not disclose the first and second adhesive portions to be applied in front and rear panels over the perforation lines for the adhesive to passes completely through the perforations nor the step of pulling to tear open the container will result on tearing the upper portion of the container. However, Duvall discloses similar method with the steps of applying adhesive portions to be applied in front and rear panels over the perforation lines for the adhesive to passes completely through the perforations, see for example (Figs. 3-6; via adhesive closure tape e; and/or “my reenforcing closure stripe are then glued to the underlying portions of the exterior faces of the sidewalls…, and incidentally causing the glue to enter and fill the perforations made by the needle”); and the step of pulling to tear open the container will result on tearing the upper portion of the container (Figs. 3-5; inherently pulling threads d1 & d2 to open the container will result on damaging and tearing the upper portion of the container along with the closure tape e).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention, to have modified Duffie’s method, by having the steps of applying adhesive portions to be applied in front and rear panels over the perforation lines for the adhesive to passes completely through the perforations along with the step of pulling the upper portion of the container, as suggested by Duvall, in order to come up with more reinforcement structures to the walls of the bag while sealing and closing the top opened portion, meanwhile easy opening (column 1, lines 5-25).
Regarding claim 18: Duffie discloses that the container is an envelope, sack, or bag, and wherein the apertures have a predetermined geometry that is circular, square, or triangular; (Figs. 1-3; via containers 10 with upper circular apertures on the top side walls and/or holes made by stitching line 20).
Regarding claim 19: further Duffie comprising a step of providing a centrally placed guideline running lengthwise along the adhesive side of the receipt item for facilitating proper positioning of the receipt on the closeable upper portion of the container (via the guide line of the central folded line of strip 26).
Regarding claim 20: further Duffie comprising attaching the receipt to the closable upper portion of the body in a manner that leaves a slight overhang that is used to pull the receipt in an upward direction such that the perforated upper portion tears neatly in a linear manner to unseal the container, and wherein the overhanging portion of the receipt is detachable such that the overhanging portion may be removed (via the shown outer extended sides of strip 26 away from the bag 10).
Response to Arguments
Applicant's arguments filed 12/01/2025 have been fully considered but they are not persuasive.
Applicant argues that the applied art of Duffie ‘255 does not suggest the claimed steps of forming a plurality of immediately adjacent perforations in the closable upper portion of the container; perforations in the front and rear panels; rather show perforations 28 formed on a sealing tape 26.
The Office draws applicant’s attention that the claims are given the broadest reasonable meaning; in this case the claims are calling for “perforations in the front panel” and “perforations in the rear panel”, which exactly the case as suggested by ‘255. The applied art ‘255 as applicant admitted show tape 26 with holes and/or perforation lines 28 placed on the front and rear panels of the bag. In another wording those perforations 28 indeed placed on and part of the front/rear panels, which are “perforations in the front” and “perforations in the rear” panels of the bag not necessarily to be formed by penetrating or punching holes in the actual panels of the bag. It appears that applicant is reading too much of the invention into the claim language.
Being that said, the applied art ‘255 also suggest formation of perforations in the front and rear panels of the bag via stitching thread 22, inherently forming holes in the front/rear panels of the bag.
Applicant further argue that the applied art ‘255 does not show a step of pulling to tear open the container will result on tearing the upper portion of the container. Applicant argues that “There is no disclosure whatsoever in Duvall regarding how the bag is opened, nor does Duvall provide any teaching or suggestion that threads d1 and d2 are pulled or even used in opening the bag”.
The Office as set forth above believes that ‘255 inherently could use thread 22 and cord 24 as have been identified as “stitching 22 and the filler cored 24 will be pulled free of the bag” to tear open the upper portion of the container. Similarly, the applied art of Duvall ‘396 using closure strip “e” to be pulled to open and tear the upper portion of the bag.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, both applied arts of ‘255 and ‘396 related to the same art of bag closure and method of opening the bags, therefore, using one’s teaching to modify the other would be very obvious.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731