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 1, 3, 5, 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Patent Application No. 2006/0171609 to Turvey et al. (hereinafter Turvey).
Regarding claim 1, Turvey discloses a packaging bag with ziplock, comprising:
a first bag sheet and a second bag sheet (12, 14), wherein both vertical edges of the first bag sheet comprise a connecting end, and wherein both vertical edges of the second bag sheet comprise another connecting end, wherein the connecting end of the first bag sheet is arranged opposite to and is connected to the connecting end of the second bag sheet thus defining a containing cavity for loading items (Fig. 1);
a first ziplock assembly (male closure member 72), arranged on a first inner side of the first bag sheet adjacent to an opening of the packaging bag (Fig. 5); and
a second ziplock assembly (female closure member 74), arranged on a second inner side of the second bag sheet adjacent to the opening of the packaging bag, wherein the inner side of the first bag sheet is arranged opposite to the second inner side of the second bag sheet (Fig. 5);
wherein when the first ziplock assembly (72) is fastened to the second ziplock assembly (74), the opening in communication with the containing cavity is sealed (Fig. 5); and
wherein when the first ziplock assembly is disengaged from the second ziplock assembly, the sealed opening is opened;
wherein the second ziplock assembly (74) comprises a first connecting piece (backing strip 76) and a locking portion; wherein the first connecting piece is arranged on the first inner side of the first bag sheet adjacent to the opening of the packaging bag and extends to two ends of the first inner side along a horizontal direction; and wherein the locking portion is arranged on the first connecting piece (Figs. 4 and 5);
wherein the first ziplock assembly (72) comprises a second connecting piece (backing strip 76) and a fastening portion; wherein the second connecting piece is arranged on the second inner side of the second bag sheet adjacent to the opening of the packaging bag and extends to the two ends of the first inner side along the horizontal direction; and wherein the fastening portion is arranged on the second connecting piece (Figs. 4 and 5);
wherein both of the first bag sheet and the second bag sheet are constructed from paper (paragraphs [0036] and [0092]).
However, Turvey does not disclose there is arranged an adhesive layer on each of the first inner side of the first bag sheet and the second inner side of the second bag sheet; wherein the adhesive layer of the first inner side is arranged opposite to the adhesive layer of the second inner side; wherein the first connecting piece is arranged on the adhesive layer of the first inner side and wherein the second connecting piece is arranged on the adhesive layer of the second inner side; and the first connecting piece is fixed to the adhesive layer of the first inner side and the second connecting piece is fixed to the adhesive layer of the second inner side by means of heat treatment.
Turvey teaches that it is known to fasten, secure, and/or join two or more surfaces (described within Turvey) using a hot melt adhesive (paragraph [0094]), which meets the structure implied by the recitation “fixed to the adhesive layer…by means of heat treatment”.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to arrange an adhesive layer (hot melt adhesive) on each surface of the first inner side of the first bag sheet and the second inner side of the second bag sheet; wherein the adhesive layer of the surface of the first inner side is arranged opposite to the adhesive layer of the surface of the second inner side; wherein a surface of the first connecting piece is arranged on the adhesive layer (hot melt adhesive) of the surface of the first inner side and wherein a surface of the second connecting piece is arranged on the adhesive layer (hot melt adhesive) of the surface of the second inner side; and the surface of the first connecting piece is fixed to the adhesive layer (hot melt adhesive) of the surface of the first inner side and the surface of the second connecting piece is fixed to the adhesive layer (hot melt adhesive) of the surface of the second inner side, which meets the structure implied by the product-by-process recitation “by means of heat treatment” in the Turvey bag, as in Turvey (paragraph [0094]), in order to fasten, secure, and/or join the inner side of the first and second bag sheets to respective first and second connecting pieces.
Regarding claim 3, Turvey discloses the locking portion comprises a first locking portion (40) and a second locking portion (40), one end of the first locking portion being disposed opposite to and separated from one end of the second locking portion by a predetermined distance so as to form a locking cavity (39) for securing the first ziplock assembly (20).
Regarding claim 5, Turvey discloses the locking element of the first locking portion and the locking element of the second locking portion are both made of an elastic material (paragraph [0090]).
Regarding claim 7, Turvey discloses the fastening portion (shaft) is equipped with a first raised area (38) and a second raised area (38), and a first end of the first raised area is connected to a first end of the second raised area.
Regarding claim 9, Turvey discloses the outer diameter of the first bag sheet matches that of the second bag sheet (Fig. 1).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Patent Application No. 2006/0171609 to Turvey et al. (hereafter Turvey) and Patent Application Publication No. 2012/0195533 to Mead (hereafter Mead).
Regarding claim 10, Turvey discloses the claimed invention, except for the first bag sheet comprising a first tear-off bag sheet with the first ziplock assembly placed thereon, and a first tear-off line is provided at the juncture of the first tear-off bag sheet with the first bag sheet; the second bag sheet comprises a second tear-off bag sheet with the second ziplock assembly placed thereon, and a second tear-off line is provided at the juncture of the second tear-off bag sheet with the second bag sheet. Mead teaches that it is known in the art to provide a first tear-off bag sheet with a first ziplock assembly placed thereon, and a first tear-off line provided at a juncture of the first tear-off bag sheet with a first bag sheet in an analogous bag, and provide a second tear-off bag sheet with a second ziplock assembly placed thereon, and a second tear-off line is provided at a juncture of the second tear-off bag sheet with a second bag sheet in the analogous bag. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the first bag sheet with a first tear-off bag sheet with the first ziplock assembly placed thereon, and a first tear-off line is provided at the juncture of the first tear-off bag sheet with the first bag sheet in the Turvey bag; and further provide the second bag sheet with a second tear-off bag sheet with the second ziplock assembly placed thereon, and a second tear-off line is provided at the juncture of the second tear-off bag sheet with the second bag sheet in the Turvey bag, as in Mead, in order to allow reduction of an effective volume of the bag.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, 5, 7, 9, and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JES F PASCUA whose telephone number is (571)272-4546. The examiner can normally be reached M-F; 9:00 am - 5:00 pm.
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/JES F PASCUA/Primary Examiner, Art Unit 3734