DETAILED ACTION
Status of Application
Applicant’s arguments filed January 29, 2026 have been fully considered but are not persuasive. Claim 1 has been amended. Claims 5 and 7 have been cancelled. Claims 1-4, 6 and 8-11 remain pending in the application.
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 § 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.
Claims 1-4, 6 and 8-11 are 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.
Claim 1 recites the limitation “the first free end is in proximity to the bag sidewall, and the second free end is in proximity to the bag side wall” in lines 33-34. However, the specification fails to define a standard for determining or measuring the degree intended by “in proximity” and thus, the claims is rendered indefinite as the scope intended by “in proximity” cannot be ascertained.
For the purpose of examination, proximity will be considered to be defined by its basic definition of being near to something.
Claims 2-4, 6 and 8-11 are indefinite for depending from, and failing to cure the deficiencies of, claim 1 from which they depend.
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 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Han (CN 215157162 U) in view of Han (CN 214932115 U, hereinafter Han ‘115) and Ausnit (US 3,634,913 A).
Regarding claim 1, Han teaches a sealing bag comprising:
a bag body (2), having a bag bottom wall (Fig. 3), a bag sidewall (Fig. 3) encircling the bag bottom wall and extending upwardly from the bag bottom wall to an opening portion, the opening portion being elongated along a longitudinal direction (Fig. 3), and a convex strip (21) provided around a periphery of the opening portion; and
a channel-shaped sealing member (1) provided with a base wall (Fig. 2-horizontal wall along top of sealing member), a first groove wall extending from the base wall (Fig. 2), a second groove wall extending from the base wall (Fig. 2), a first stopping strip (14) and a second stopping strip (14), wherein the first and second groove walls are spaced apart along the base wall and extend in the same direction from the base wall (Fig. 1, 2), a first sealing volume (11) being located between the first and second groove walls adjacent to the base wall, wherein the first stopping strip extends from the first groove wall in a direction towards the second groove wall to terminate at a first free end (Fig. 2), the second stopping strip extends from the second groove wall in a direction towards the first groove wall to terminate at a second free end (Fig. 2), a first sealing opening being defined between the first and second free ends in communication with the first sealing volume (Fig. 2),
wherein the convex strip is configured to penetrate into the first sealing volume via the first sealing opening with the first and second stopping strips being configured to confine the convex strip within the first sealing volume (Translation),
wherein the bag sidewall includes a first inner sidewall surface arranged along the longitudinal direction, and a second inner sidewall surface arranged along the longitudinal direction, the second inner sidewall surface faces the first inner sidewall surface (Fig. 3), and
wherein the first inner surface of the convex strip extends continuously from the first inner sidewall surface, the second inner surface of the convex strip extends continuously from the second inner sidewall surface (Translation) (Translation and Fig. 1-3).
Han fails to teach a sealing strip provided on a first inner surface of the convex strip and arranged along the longitudinal direction, and a sealing groove provided on a second inner surface of the convex strip and arranged along the longitudinal direction, wherein the first inner surface faces the second inner surface, and wherein the sealing strip is configured to fit into the sealing groove to form a seal therewith.
Han ‘115 teaches an analogous sealing bag comprising a bag body (1), having a bag bottom wall (Fig. 1), a bag sidewall (Fig. 1) encircling the bag bottom wall and extending upwardly from the bag bottom wall to an opening portion, the opening portion being elongated along a longitudinal direction (Fig. 1), and a convex strip (14) provided around a periphery of the opening portion; and a channel-shaped sealing member (2) provided with a base wall (Fig. 1), a first groove wall extending from the base wall (Fig. 1), a second groove wall extending from the base wall (Fig. 1), a first stopping strip (22) and a second stopping strip (22), wherein the first and second groove walls are spaced apart along the base wall and extend in the same direction from the base wall (Fig. 1), a first sealing volume being located between the first and second groove walls adjacent to the base wall (Fig. 1), wherein the first stopping strip extends from the first groove wall in a direction towards the second groove wall (Fig. 1), the second stopping strip extends from the second groove wall in a direction towards the first groove wall (Fig. 1), a first sealing opening being defined between the first and second stopping strips in communication with the first sealing volume (Fig. 1), wherein the convex strip is configured to penetrate into the first sealing volume via the first sealing opening with the first and second stopping strips being configured to confine the convex strip within the first sealing volume (Translation), wherein the bag sidewall includes a first inner sidewall surface arranged along the longitudinal direction, and a second inner sidewall surface arranged along the longitudinal direction, the second inner sidewall surface faces the first inner sidewall surface (Fig. 2), and wherein the first inner surface of the convex strip extends continuously from the first inner sidewall surface, the second inner surface of the convex strip extends continuously from the second inner sidewall surface (Fig. 2) (Translation and Fig. 1-2).
Han ‘115 further teaches that in order to improve sealing of the sealing bag it is known to additionally provide a sealing strip (31) on a first inner surface of the convex strip and arranged along the longitudinal direction and a sealing groove (32) on a second inner surface of the convex strip and arranged along the longitudinal direction, wherein the first inner surface faces the second inner surface, and wherein the sealing strip is configured to fit into the sealing groove to form a seal therewith (Translation and Fig. 2).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Han by providing a sealing strip on a first inner surface of the convex strip and arranged along the longitudinal direction and a sealing groove on a second inner surface of the convex strip and arranged along the longitudinal direction, wherein the first inner surface faces the second inner surface, and wherein the sealing strip is configured to fit into the sealing groove to form a seal therewith, as taught by Han ‘115, in order to improve sealing of the sealing bag.
Han also fails to teach the first inner sidewall surface being in contiguous contact with the second inner sidewall surface inside the first sealing volume, with the convex strip, having the sealing strip being fit in the sealing groove, being confined within the first sealing volume, wherein, with the convex strip, having the sealing strip being fit in the sealing groove, being confined within the first sealing volume, the first free end is in proximity to the bag sidewall, and the second free end is in proximity to the bag sidewall opposite to the first free end.
Ausnit teaches an analogous sealing bag comprising a bag body having a bag sidewall (8, 9) including first and second inner sidewalls surfaces, a convex strip provided around a periphery of an opening portion and including a sealing strip (13/14) providing on a first inner surface of the convex strip and a sealing groove (15) provided on a second inner surface of the convex strip, and a channel-shaped sealing member (10) having a base wall (top wall), a first groove wall (vertically extending from top wall), a second groove wall (vertically extending form top wall), a first stopping strip (20), and a second stopping strip (20’), wherein a first sealing volume is defined between the first and second groove walls and wherein a first sealing opening is defined between the first and second stopping strips in communication with the first sealing volume (column 1 line 50-column 3 line 54 and Fig. 1, 2). Ausnit further teaches that it is known and desirable to configure the first inner surface of the convex strip, the second inner surface of the convex strip, the first inner sidewall surface of the bag sidewall and the second inner sidewall surface of the bag side wall such that the first inner sidewall surface is in contiguous contact with the second inner sidewalls surface inside the first sealing volume with the convex strip, having the sealing strip being fit in the sealing groove, being confined within the first sealing volume in order to improve and enhance sealing of the bag (Fig. 1, 2) and such that with the convex strip, having the sealing strip being fit in the sealing groove, being confined within the first sealing volume, the first free end is in proximity to the bag sidewall, and the second free end is in proximity to the bag sidewall opposite to the first free end (Fig. 1, 2).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Han by configuring the first inner surface of the convex strip, the second inner surface of the convex strip, the first inner sidewall surface of the bag sidewall and the second inner sidewall surface of the bag side wall such that the first inner sidewall surface is in contiguous contact with the second inner sidewalls surface inside the first sealing volume with the convex strip, having the sealing strip being fit in the sealing groove, being confined within the first sealing volume and such that with the convex strip, having the sealing strip being fit in the sealing groove, being confined within the first sealing volume, the first free end is in proximity to the bag sidewall, and the second free end is in proximity to the bag sidewall opposite to the first free end, as taught by Ausnit, in order to improve and enhance sealing of the bag.
Regarding claim 2, Han as modified by Han ‘115 and Ausnit teaches the sealing bag of claim 1 above, wherein a distance between the first groove wall and the second groove wall gradually increases in a direction from the base wall towards the first sealing opening (Han: Fig. 2).
Regarding claim 3, Han as modified by Han ‘115 and Ausnit teaches the sealing bag of claim 2 above, wherein an angle (alpha) between the first groove wall and the base wall is between 92° and 100° (Han Translation- alpha “more than or equal to 2 degrees”, “equal to 5 degrees”).
Regarding claim 4, Han as modified by Han ‘115 and Ausnit teaches the sealing bag of claim 3 above, wherein the angle (alpha) between the first groove wall and the base wall is between 94° and 98° (Han Translation- alpha “equal to 5 degrees”).
Regarding claim 6, Han as modified by Han ‘115 and Ausnit teaches the sealing bag of claim 1 above, wherein an angle between the first stopping strip and the first groove wall is between 90° and 95° (Han Translation- alpha “more than or equal to 2 degrees”, “equal to 5 degrees”).
Claims 8, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Han ‘115 and Ausnit, as applied to claim 1 above, and further in view of Yang (US 2022/0002055 A1).
Regarding claim 8, Han as modified by Han ‘115 and Ausnit teaches the sealing bag of claim 1 above, but fails to teach a perimeter of the opening portion being smaller than a perimeter of the bag bottom wall. Yang teaches an analogous sealing bag having a bag bottom wall and a bag sidewall connected to the bag bottom wall and an opening portion being provided on the bag sidewall and further teaches that it is known and desirable to configure a perimeter of the opening portion to be smaller than a perimeter of the bag bottom wall in order to form a wide bottom accommodating space inside the bag body for storage (paragraph 37).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Han by configuring a perimeter of the opening portion to be smaller than a perimeter of the bag bottom wall, as taught by Yang, in order to form a wide bottom accommodating space inside the bag body for storage.
Regarding claim 10, Han as modified by Han ‘115, Ausnit and Yang teaches the sealing bag of claim 8 above, but fails to specifically teach a ratio of the perimeter of the opening portion to the perimeter of the bag bottom wall being in the range of 1:1.2 to 1:1.4.
However, as the general conditions of the claim are disclosed in the prior art (i.e., the perimeter of the opening portion being smaller than the perimeter of the bag bottom wall) and as the size of the bag bottom wall is a variable which achieves a recognized result (i.e., variation in size of the accommodating space inside the bag body for storage), one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Han in view of Yang by configuring the ratio of the perimeter of the opening portion to the perimeter of the bag bottom wall to comprise any ratio that defines a sufficient size opening portion and a sufficient size bag bottom wall, including the range 1:1.2 to 1:1.4 as claimed, as it has been held that discovering an optimum or workable range or discovering an optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05).
Regarding claim 11, Han as modified by Han ‘115, Ausnit and Yang teaches the sealing bag of claim 8 above, wherein the convex strip is arranged in the longitudinal direction as two strips opposite and connected end-to-end with each other, the sealing strip being located one of the two strips and the sealing groove being located on the other of the two strips (Han: Translation and Fig. 3).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Han ‘115, Ausnit and Yang, as applied to claim 8 above, and further in view of Ackerman et al. (US 2011/0069911 A1, hereinafter Ackerman).
Regarding claim 9, Han as modified by Han ‘115, Ausnit and Yang teaches the sealing bag of claim 8 above, but fails to teach a hardness of the bag bottom wall being greater than a hardness of the bag sidewall so that a shape of the bag bottom wall is self-maintained, and a hardness of the opening portion being greater than the hardness of the bag sidewall so that the opening portion is self-maintained elongated along the longitudinal direction.
Ackerman teaches an analogous sealing bag made of flexible materials and having a bag bottom wall (24), a bag sidewall (22, 28), an opening portion provided on the bag sidewall and a convex strip (64, 70) provided around an outer periphery of the opening portion. Ackerman further teaches that it is known in the prior art to configure the bag bottom wall, the bag sidewall, the opening portion and the convex strip with different thickness so as to have different degrees of flexibility, deformability and resiliency across the different areas of the bag (paragraphs 25, 32-38 and FIG. 1-7).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Han by configuring a hardness of the bag bottom wall to be greater than a hardness of the bag sidewall so that a shape of the bag bottom wall is self-maintained, and a hardness of the opening portion to be greater than the hardness of the bag sidewall so that the opening portion is self-maintained elongated along the longitudinal direction, as taught and suggested by Ackerman, in order to provide different areas of the bag with varying degrees of flexibility, deformability and resiliency as necessary and/or desired.
Response to Arguments
Applicant’s arguments filed January 29, 2026 have been fully considered but they are not persuasive.
Applicant’s argument that Ausnit does not disclose having free ends of the retainer flanges be in proximity to the webs as provided for in claim 1, is not persuasive.
As stated in the 112(b) rejection above, the specification fails to define a standard for determining or measuring the degree intended by “in proximity”, Accordingly, the scope intended by “in proximity” cannot be ascertained and will be considered to be defined by its basic definition of being near to something.
Additionally, Applicant’s argument that the free ends being in proximity to the webs as provided for in claim 1 allows for betting sealing with loss of contiguous contact between the inner surfaces being resisted is not supported by the specification or the drawings (FIG. 5, 6).
Accordingly, the structure disclosed by Ausnit sufficiently meets the structure claimed.
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 NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST.
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/NINA K ATTEL/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734 /NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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