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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 8, and 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The newly added limitations to claim 1; “the first side seal and the intermediate seal formed by welding” have no proper support in the filed specification. In the filed specification, the only mentioned “welding” was in paragraph 0063; “In other words, the second end seal 126 of the perimeter seal 118 is reformed such as via an adhesive, welding, or any other suitable resealing method.”. No where in the filed specification is pointing out to any “welding” taken place of the intermediate seal!
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 1-3, 8, and 10 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.
The amended claim 1, referring to “the first side seal and the intermediate seal formed by welding” is vague and indefinite as it is not clear what “welding” of the “intermediate seal” is taken place; how and for what purpose?
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 8, and 10 the best understood is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mccormick et al. (U.S. Pub. No. 2016/0150819).
Regarding claim 1: Mccormick discloses a food package comprising:
a lay-flat pouch having a first compartment and a second compartment defined by a first side seal (Fig. s 1-2; via side seals 14/15 of two compartments 20/21) and an intermediate seal extending from the first side seal (via seals 16/17), the pouch including a fold seam extending along the intermediate seal (Fig. 7; via doted fold lines along seals 17 and/or “the sealing area is folded” and “sealing areas 81 and 82 are folded from the remaining wide surface”), whereby the pouch is arranged in a folded configuration with the first compartment disposed adjacent to the second compartment (Figs. 3 & 8) and a first portion of the first side seal and a second portion of the first side seal cooperate to define a base of the pouch (via first side seal portion of pouch 20 & second side seal portion of pouch 21; inherently the formed final pouches can stand on the side seals and use the side seal as a base), the first side seal and the “intermediate seal formed by welding” respective portions of a first barrier layer and a second barrier layer of the lay-flat pouch to one another; see for example (paragraph 0056; “sheet parts 6, 7, under heat, melt and weld together “ and paragraph 0068; “Advantageously, the permanent seals 14, 15 are weld seals”); and
a fastening member attaching the first compartment to the second compartment (Fig. 3; via fastening member 28 and/or the applied adhesive on flap 23).
Regarding claim 2: wherein the food package is configured to stand upright on the base upon a horizontal surface in a vertical orientation relative to the horizontal surface, see for example (Figs. 3 & 8; inherently the bag “configured to” stand in both sides along the side seals 14/15 and/or the other seals 17).
Regarding claim 3: wherein the first portion of the first side seal and the second portion of the first side seal at least partially overlap to define the base (via “the sealing area is folded” and/or Fig. 7; via “folding along the additional folding lines.., sealing areas 81 and 82 are folded from the remaining wide surface”).
Regarding claim 8: wherein the pouch further comprises a first surface defined by a first barrier layer and a second surface defined by a second barrier layer on an opposite side from the first surface (paragraph 0073; “The sheet material used to form the pouch can comprise a laminate. One or mor layers… an Oxygen barrier; a moisture barrier, an anti-microbial barrier; an odour barrier.”), wherein a first portion of the first surface at the first compartment faces a second portion of the first surface of the pouch at the second compartment, and wherein the fastening member is attached to the second surface of the pouch at the first compartment and to the first surface of the pouch at the second compartment to secure the pouch in the folded configuration, see for example (Figs. 2-3; via the fastening member 28 and/or adhesive applied on flap 23).
Regarding claim 10: wherein the fastening member comprises one of an adhesive label or a paperboard wrap (via tab 28 and/or adhesive applied on flap 23).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 8, and 10 have been considered but are moot because the new ground of rejection adjusted and modified to address the newly added limitations.
In respect to the latest filed arguments on 11/07/2025 and in light of the latest conducted interview on 10/20/2025, the Office as set forth above believes that the amended and indicated limitations “the first side seal and the intermediate seal formed by welding” are not fully supported by the filed disclosure.
Being that said, the Office believes that the applied art of Mccormick ‘819 suggest the claimed type of seal to some portions of the package to be a weld seal, see for example, paragraph 0056; “sheet parts 6, 7, under heat, melt and weld together” and/or paragraph 0068; “Advantageously, the permanent seals 14, 15 are weld seals”).
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelle 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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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731