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 amendments filed 12/23/2025. Claims 3 and 5-18 are currently pending. Claims 3, 9, 10, 13, and 15 has been amended. Claims 1-2 and 4 have been previously canceled. Claims 16-18 have been previously withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, the limitation “at least one of the connecting device and the closing device are adapted to create one or more connecting seams with a material connecting substantially orthogonal to a conveying direction of the packaging material” is indefinite because it is not clear if the connecting seams include the connecting seam recited in claim 3 or if they are new connecting seams. In order to further prosecution and consistent with applicant’s disclosure, the connecting seam recited in claim 1 is interpreted to be included in the “one or more connecting seams” of claim 7. Furthermore, the limitation is unclear because claim 3 requires that the connecting device does not use a material connection. In order to further prosecution, the limitation has been interpreted to require that only the closing device creates a connecting seam with a material connection substantially orthogonal to the conveying direction.
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, 5-6, 8-9, and 13-15 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) 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 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 transverse sealing component (42 of 38 – Fig. 1, Todd) of the connecting device of Todd and the connecting device of Gerlach both function two seal two layers of a web in a continuous manner orthogonal to the conveying direction, one of ordinary skill in the art would have recognized that the connecting device of Gerlach is analogous to the transverse sealing component of the connecting device of Todd and the transverse sealing component of the connecting device of Todd could be substituted with the connecting device of 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 substituted the transverse sealing component of the connecting device of Todd with the connecting device of 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 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 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 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 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 10-12 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 and/or close a packaging bag 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 embossing tool (the structure of 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).
Claim 12, the connecting device is adapted to create a connecting seam substantially parallel to a conveying direction of the packaging material; and/or the connecting device is adapted to create a connecting seam substantially orthogonal to a conveying direction of the packaging material (col. 9, lines 48-51).
Allowable Subject Matter
Claim 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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.
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
1/15/2026