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 Status
This Office action is in response to the Request for Continued Examination filed 7/20/2026. Claims 3 and 5-18 are currently pending. Claims 3, 6-7, 10-13, and 15 have been amended. Claims 1-2 and 4 have been previously canceled. Claims 16-18 have been previously withdrawn.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/20/2026 has been entered.
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 3, 5-15 are rejected under 35 U.S.C. 103 as being unpatentable over Todd (US 2001/0009090 A1) in view of Gerlach (US 4035984).
Regarding claim 3, Todd discloses a packaging machine (10 – Fig. 1) for producing a packaging bag for bulk material and for closing a filled packaging bag, comprising: a feed device (the assembly of 18 and 20 – Fig. 1) for feeding a packaging material (14 – Fig. 1; para. 0026); at least one connecting device (32, 38 – Fig. 1) for producing a packaging bag (12 – Fig. 1), which has at least one opening (at the top of 12 – Fig. 1) by connecting at least two layers (the two folded sides of 14 – Fig. 1) of the packaging material (paras. 0028, 0030) by creating a connecting seam substantially orthogonal to a conveying direction of the packaging material (as seen in Fig. 1, the seal bars 42 create vertical connecting seams in 14, since the conveying direction is from left to right and the connecting seam are vertical, the connecting seams are orthogonal to the conveying direction); and at least one closing device (114 – Fig. 2) for closing the at least one opening of the produced and filled packaging bag (para. 0056), wherein the packaging material is conveyed substantially continuously, without acceleration, upon/during connecting by the at least one connecting device (para. 0036, the embodiment in which the packaging machine operates continuously).
However, Todd does not disclose that the at least one connecting device produces a packaging bag by mechanically connecting the at least two layers.
Gerlach teaches a connecting device (48 – Fig. 20 in the embodiment with the cutters removed, col. 9, lines 48-61) for producing a packaging bag (P’ – Fig. 24) by mechanically connecting at least two layers of a packaging material by creating a connecting seam substantially orthogonal to a conveying direction of the packaging material (col. 9, lines 48-61); wherein the connecting device is adapted to connect the packaging material by interlocking (col. 9, lines 48-51), wherein the packaging material is conveyed substantially continuously, without acceleration, upon/during connecting by the at least one connecting device (col. 10, lines 4-9 in the embodiment of constant velocity). Since the connecting device of Todd and the connecting device of Gerlach both function two seal two layers of a web in a continuous manner, one of ordinary skill in the art would have recognized that the connecting device of Gerlach is analogous to the connecting device of Todd and the connecting device of Todd could be made to seal by interlocking as taught by Gerlach with no loss of functionality of Todd’s packaging machine.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified the connecting device of Todd to seal via interlocking as taught by Gerlach since they are known alternatives.
Todd, as modified by Gerlach, further teaches:
Claim 5, the packaging material is conveyed substantially continuously, without acceleration, upon/during being closed by the at least one closing device (para. 0036, Todd, the embodiment in which the packaging machine operates continuously).
Claim 6, the at least one connecting device (32, 38 – Fig. 1, Todd as modified by 48 – Fig. 20, Gerlach) is adapted to connect the packaging material substantially in a positive/form-fit manner and or non-positive/friction-fit manner (col. 9, lines 48-51, Gerlach).
Claim 7, the at least one connecting device (32, 38 – Fig. 1, Todd as modified by Gerlach to mechanically connect two layers) is adapted to create one or more further connecting seams substantially parallel to the conveying direction of the packaging material (as seen in Fig. 1 of Todd, the seal bars 36 create longitudinal connecting seams) and substantially without a material connection (col. 9, lines 48-51, Gerlach); and wherein the at least one connecting device is adapted to create one or more further connecting seams with a material connection substantially orthogonal to the conveying direction of the packaging material (as seen in Fig. 1 of Todd, the seal bars 42 create two vertical connecting seams).
Claim 8, the packaging material at least partially comprises fibrous material comprising cellulose. Note that the packaging material is not a part of the claimed invention, the claims merely require that the packaging machine may be used with a fibrous material comprising cellulose.
Claim 9, the at least one closing device (114 – Fig. 2, Todd) is adapted to create a connecting seam substantially parallel to a conveying direction of the packaging material (para. 0064, Todd, 114 seals the opening of the package, as can be seen in Fig. 2, the opening of the package extends parallel to the conveying direction).
Claim 10, a connecting device (in this case interpreted to be the assembly of 32 and 38 – Fig. 1, Todd as modified by Gerlach to mechanically connect two layers) for connecting at least two layers of a packaging material for producing a packaging bag for bulk material, comprising: at least one embossing tool (the structure on which 306 is disposed – Fig. 21, Gerlach as applied to 32 and 38 – Fig. 1 of Todd) with an embossing structure (306 – Fig. 21, Gerlach; 306 is interpreted as teeth which means that it has a raised pattern, col. 9, lines 24-28; this raised pattern is interpreted to be an embossing structure); wherein the connecting device is adapted to produce a packaging bag (12 – Fig. 1, Todd), which has at least one opening (at the top of 12 – Fig. 1, Todd), by connecting through mechanical interlocking (col. 9, lines 48-51), at least two layers of a packaging material by creating a connecting seam substantially orthogonal to a conveying direction of the packaging material (as seen in Fig. 1 of Todd, the seal bars 42 create vertical connecting seams in 14, since the conveying direction is from left to right and the connecting seams are vertical, the connecting seams are orthogonal to the conveying direction), while the packaging material is being conveyed substantially continuously and without acceleration (para. 0036, Todd, the embodiment in which the packaging machine operates continuously); wherein the packaging material comprises fibrous material comprising cellulose (the packaging material is a recitation of intended use, in this case the packaging machine of Todd and Gerlach may be used with a packaging material comprising cellulose).
Claim 11, the at least one embossing tool (the structure on which 306 is disposed – Fig. 21, Gerlach) comprises at least one rotatable roller with an embossing structure (see Fig. 21, Gerlach, the structure is clearly a roller).
Claim 12, the connecting device is adapted to create a further connecting seam substantially parallel to a conveying direction of the packaging material (as seen in Fig. 1 of Todd, the seal bars 36 create longitudinal connecting seams in 14).
Claim 13, a method for producing a packaging bag for bulk material and for closing a filled packaging bag, the method comprising: shaping and/or folding and/or pleating the packaging material (para. 0026; at 24 – Fig. 1, Todd); producing the packaging bag, which has at least one opening (at the top of 12 – Fig. 1, Todd), by creating at least two connecting seams substantially orthogonal to a conveying direction of the packaging material (as can be seen in Fig. 1 of Todd, seal bars 42 create 2 vertical seams, since the conveying direction is left-right, the vertical seams are orthogonal to the conveying direction) by respective connection through interlocking at least two layers of the packaging material (para. 0032, Todd as modified col. 9, lines 48-61, Gerlach); and substantially continuously, and without acceleration, conveying the packaging material while producing at least one connecting seam (para. 0036, the embodiment in which the packaging machine operates continuously, Todd); and/or closing the produced and filled packaging bag (para. 0056, Todd); wherein the packaging material comprises fibrous material comprising at least cellulose (col. 4, lines 39-43, note that paper is made of cellulose, Gerlach).
Claim 14, at least two connecting seams are arranged substantially parallel to each other (see Fig. 1 of Todd, there are two connecting device 42, as modified by 48 – Fig. 20, Gerlach).
Claim 15, feeding the packaging material (para. 0026, Todd).
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.
Claims 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerlach (US 4035984).
Regarding claim 10, Gerlach discloses a connecting device (48 – Fig. 20 in the embodiment with the cutters removed, col. 9, lines 48-61) for connecting at least two layers of a packaging material for producing a packaging bag for bulk material, comprising: at least one embossing tool (the structure on which 306 is disposed – Fig. 21) with an embossing structure (306 – Fig. 21; 306 is interpreted as teeth which means that it has a raised pattern, col. 9, lines 24-28; this raised pattern is interpreted to be an embossing structure); wherein the connecting device is adapted to produce a packaging bag, which has at least one opening (48 is a transverse sealing mechanism, hence it is capable of producing a packaging bag having an opening on the sides not closed by the transverse sealing mechanism), by connecting through interlocking at least two layers of packaging material by creating a seam substantially orthogonal to a conveying direction of the packaging material (col. 9, lines 48-51), while the packaging material is being conveyed substantially continuously and without acceleration (col. 10, lines 4-9 in the embodiment of constant velcoity); and wherein the packaging material comprises fibrous material comprising paper (col. 3, lines 39-40).
Gerlach further discloses:
Claim 11, the at least one embossing tool (the structure on which 306 is disposed – Fig. 21) comprises at least one rotatable roller with an embossing structure (see Fig. 21, the structure is clearly a roller).
Response to Arguments
Applicant's arguments filed 7/20/2026 have been fully considered but they are not persuasive.
Regarding claims 3 and 13, applicant argues that the combination of Todd and Gerlach does not disclose the limitation “at least one connecting device for producing a packaging bag, which has at least one opening, be mechanically connecting at least two layers of the packaging material by creating a connecting seam substantially orthogonal to a conveying direction of the packaging material since the transverse cutting and sealing mechanism of Gerlach is configured to create sealing seams around a product positioned between layers of packaging material. Furthermore, the transverse cutting and sealing mechanism is not a suitable replacement for the sealing device of Todd since Todd requires an upward-facing opening and if the sealing mechanism of Gerlach were substituted into the packaging machine of Todd, no open pouch would be present at the filling station.
In response, it is noted that the current rejection relies on Gerlach simply for the teaching of sealing via mechanical interlocking. The orientations of the connecting devices (32, 38 – Fig. 1) are as disclosed by Todd. Since Todd discloses forming a bag with an opening as discussed above in the rejection of claim 3, the connecting devices of Todd modified to seal via interlocking would similarly form a bag with an opening. Therefore, applicant’s argument is found to be not persuasive.
Regarding claim 10, applicant argues that Gerlach does not provide a bag with an opening since the transverse cutting and sealing mechanism of Gerlach creates seams around a product.
However, in response it is noted that longitudinal sealing mechanism 40 of Gerlach makes longitudinal seams. The transverse cutting and sealing mechanism 48 of Gerlach creates only transverse seals. Used on its own, the transverse cutting and sealing mechanism would only create transverse seams, leaving two open ends. Therefore, applicant’s argument is found to be not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fung (US 2011/0028933 A1) teaches sealing using embossments (para. 0033).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M WITTENSCHLAEGER whose telephone number is (571)272-7012. The examiner can normally be reached MON-FRI: 9:00-5:00.
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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.
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/THOMAS M WITTENSCHLAEGER/Primary Examiner, Art Unit 3731
8/21/2026
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