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
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 10-16 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Patent Application Publication No. 2002/0168120 to Wessling et al. (hereafter Wessling) and U.S. Patent No. 6,213,645 to Beer (hereinafter Beer).
Regarding claim 10, Wessling discloses an enclosure (1) comprising:
a front wall (4), a back wall (5), a first lateral side wall (7), and a second lateral side wall (26), the front wall opposing the back wall, the first lateral side wall opposing the second lateral side wall, wherein the front wall, the back wall, the first lateral side wall, and the second lateral side wall of the enclosure are formed from a flexible material;
reclosable fastener strips (9 and 18) coupled to an interior portion (11) of the front wall, the back wall, the first lateral side wall, and the second lateral side wall, ends of the reclosable fastener strips (9 and 18) are spaced-apart a predetermined distance (Figs. 4 and 7);
an upper end (2) openable by separating the reclosable fastener strips; and
corners (15 and 16) positioned between the front wall, the back wall, the first lateral side wall, and the second lateral side wall (Figs. 4 and 7).
the corners formed from the predetermined distance between the reclosable fastener strips, wherein the reclosable fastener strips are spaced apart from each other by the corners (Figs. 4 and 7).
Wessling discloses the hook-and-loop closure strips (9) are fastened to the inside of both bag walls (4 and 5) to occupy virtually the entire interior width of the bag and, at the ends of the closure strips, they are drawn into the weld seams (15 and 16), and fused to the material of the bag walls (4 and 5) and side pleats (7; paragraph [0017]) Wessling further recites “If such fusion into the seams 15 and 16 presents difficulties because, for example, of a higher melting point of the plastic used in the hook-and-loop strips, the hook-and-loop strips 9 can terminate at a short distance from the seams 15 and 16” (Paragraph [0017], 2nd sentence thereof). Wessling further discloses the hook-and-loop strips (18) extend over substantially the entire width of the side pleats (7), across the center creases (12) to the lateral weld seams (15 and 16), but do not reach into them (paragraph [0020]). Therefore, the lateral weld seam (15 and 16) define a predetermined distance between the ends of hook-and-loop closure strips (9 and 18), which meets the recitation
“ reclosable fastener strips coupled to an interior portion of the front wall, the back wall, the first lateral side wall, and the second lateral side wall, ends of the reclosable fastener strips that are next to each other spaced-apart from each other by a predetermined distance to form gaps between the fastener strips…and
wherein the gaps are sized and positioned to form the sealed corners and no portion of any of the ends of the reclosable fastener strips extend into any of the sealed corners. Noting Wessling discloses having both portions 9 and 18 of material stop short of the corner seals (Noting the 2nd sentence of Paragraph 0017 as an alternative to having the material extend into the seam as stated in the first sentence of Paragraph 0017) and demonstrating portions 18 and 19 stop short of sealed corners (Figs. 4 and 5).
Wessling does not specifically disclose the front, back, and lateral side walls formed from a single web of flexible material having sealed corners.
Beer demonstrates a similarly configured package formed from a single web of material having a front, rear, and sides formed by folded and sealed corners (noting 34A/38A/40A).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Wessling and use the teaching of Beer and form the package out of a single web of flexible material having folded and sealed corners rather than separate webs sealed together because such a change would require a the maker to weigh the pros and cons of two well-known corner/seam forming structures.
Regarding claim 11, modified Wessling discloses the reclosable fastener strips are heat sealed to the interior portion (paragraph [0015]).
Regarding claim 12, modified Wessling discloses the reclosable fastener strips include a self-mating zipper assembly (paragraph [0007]).
Regarding claim 13, modified Wessling discloses the reclosable fastener strips include one or more male locking portions (hooks; paragraph [0007]) and one or more female locking portions (tangled surface; paragraph [0007]).
Regarding claim 14, modified Wessling discloses as discussed above regarding claim 13. Wessling further discloses any appropriate hook-and-loop closure strips available commercially can be used, both in the classical mode, in which one strip is provided with small hooks on its attaching surface, which hook into the tangled surface of the other strip (paragraph [0007]), and a reclosing device (8) is formed near the top end between the two bag walls (4 and 5) and comprises two hook-and-loop strips (9) made of weldable material like a thermoplastic film, of which the one is welded or heat-sealed or, if desired, also cemented to the front wall of the bag and the other is affixed to the back wall (paragraph [0015]). Therefore, the hook-and-loop strips attached to the front and back walls of the Wessling enclosure, as discussed above, meets the recitation “wherein the one or more male locking portions are configured to be attached to the front wall and the one or more female locking portions are configured to be attached to the back wall.”
Regarding claim 15, modified Wessling discloses the first and second lateral side walls are gusseted side walls (7) are gusseted walls (Fig. 4).
Regarding claim 16, modified Wessling discloses the claimed invention, especially a sealed bottom end made in any practical manner (paragraph [0013]). However, Wessling does not disclose the sealed bottom end being a bottom wall connected to the front wall, the back wall, and the first and second lateral side walls.
Beer further teaches that it is known in the art to provide a sealed bottom end as a bottom wall connected to a front wall, a back wall, and first and second lateral side walls in an analogous enclosure (Figs. 1 and 6).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to make the sealed bottom end as a bottom wall connected to the front wall, the back wall, and the first and second lateral side walls in the Wessling enclosure, as in Beer, in order to form the enclosure into the shape of a box.
Regarding claim 21, modified Wessling discloses the claimed invention, especially gaps between the ends of the reclosable fastener strips that are next to each other, as discussed above. However, Wessling does not disclose the gap being between one and fifteen millimeters long.
Beer further teaches that it is known in the art to provide gaps that are between one and fifteen millimeters long (5 millimeters) between ends of fastener strips (48) that are next to each other in an analogous enclosure (column 5, lines 7-24).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to make each of the gaps between one and fifteen millimeters long between the ends of the reclosable fastener strips that are next to each other in the Wessling enclosure, as in Beer, since such a modification would have involved a mere change in the size of a component; in this case the component being each gap between the ends of the fastener strips. A change in size is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 22, modified Wessling discloses no part of any of the reclosable fastener strip (18) extends into any of the gaps or the corners (15 and 16) formed in the gaps because the hook-and-loop strips (18) extend over substantially the entire width of the side pleats (7), across the center creases (12) to the lateral weld seams (15 and 16), but do not reach into them (paragraph [0020]).
Response to Arguments
Applicant's arguments filed 11 June 2026 have been fully considered but they are not persuasive.
Applicant argues that Wessling fails to teach or disclose gaps that are sized and positioned to form sealed corners and no portion of any of the ends of the reclosable fastener strips extend into any of the sealed corners, or reclosable fastener strips that are next to each other spaced-apart from each other by a predetermined distance to form gaps between the fastener strips. Or, an enclosure that is formed from a single web of material folded in gaps between ends of zipper assemblies, where the ends of the zipper assemblies are not captured within sealed corners positioned in these gaps. Examiner notes that Beer is relied on to teach an enclosure formed from a single web of material.
Examiner notes that Wessling demonstrates at least the strips 18/19 stopping short of the corners and forming gaps therebetween. It is noted that the drawings do not explicitly show portions 9 stopping short of the corners and forming gaps therebetween, however, Wessling teaches the ability to stop a short distance from the seams 15 and 16 (thereby forming gaps) noting “If such fusion into the seams 15 and 16 presents difficulties because, for example, of a higher melting point of the plastic used in the hook-and-loop strips, the hook-and-loop strips 9 can terminate at a short distance from the seams 15 and 16” (Paragraph 0017) Examiner notes that Wessling discloses the strips terminating a short distance from the seams, thereby, no portions of the strips extend into the sealed corners, as they have stopped a short distance therefrom.
It is noted that Beer is note relied on to specifically teach zippers/reclosable fastener strips or aspects thereof.
Examiner notes that a rejection whereby Beer is the base reference and modified by Wessling has not specifically been set forth.
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.
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/M.T.T./ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734
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