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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/9/2026 has been entered.
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(s) 1-4, 6-11, 13 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Takigawa (US 2016/0101904) in view of Eouzan (US 2012/0045151) and Tomic (US 5,403,094).
Regarding claim 1, Takigawa discloses a method for opening a resealable childproof bag, comprising: identifying an interruption (3) in a first locking member (2) interlocked with a second locking member (other 2), wherein the first locking member is provided on a first closure element disposed at a first sidewall of the resealable childproof bag, and the second locking member is provided on a second closure element disposed at a second sidewall of the resealable childproof bag; applying a first outward force adjacent to the interruption on the first locking member; applying a second outward force on the second locking member opposite the first outward force. See Figs. 1-4. Takigawa does not disclose the upper portion of the first sidewall being unattached from the upper portion of the first closure element or the length as claimed.
Eouzan, which is drawn to a bag, discloses an upper portion of a first sidewall being unattached from an upper portion of a first closure element (122) to facilitate a rotating motion upon the application of the outward forces, and the unattached upper portion of the first sidewall facilitates a peeling motion. See Figs. 1-2. Thus, it 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 to have the upper portion of the first sidewall of Takigawa be unattached from the upper portion of the first closure element, as disclosed by Eouzan, in order to better prevent tampering from a user like a child.
Tomic, which is also drawn to a bag, discloses an interruption in a first locking member positioned between left and right ends of the bag opening to capable of providing a graspable area for a user, and said interruption has a length between 0.25 inch and 1.0 inches. See col. 3, ll. 25-30. Thus, it 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 to have the interruptions of Takigawa have the length as claimed, as disclosed by Tomic, in order to provide a graspable area to a user. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the interruption have a length between approximately 0.25 inches and 1.0 inch, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233.
Regarding claim 2, the rotating motion can be counterclockwise for the first sidewall and clockwise for the second sidewall. See Abstract.
Regarding claim 3, the first and second locking members are bonded to the respective first and second sidewalls of the bag, except at the upper portion of the first sidewall which remains unattached. See Figs. 1-4.
Regarding claim 4, the first and second locking members include a male interlocking profile and a female interlocking profile. See Figs. 1-5.
Regarding claim 6, the interruption has a length sufficient to allow a user's finger to facilitate the opening motion. See Fig. 4.
Regarding claim 7, the first and second outward forces are applied in a direction generally perpendicular to an axis passing through the interlocked locking members, and the unattached upper portion of the first sidewall facilitates a peeling motion. See Figs. 1-5.
Regarding claim 8, the first locking member includes an elongate channel-shaped female interlocking profile and the second locking member includes an elongate arrow-shaped male interlocking profile. See Fig. 5.
Regarding claim 9, the interruption is situated closer to one end of the bag assembly to facilitate an easier opening by an adult user. See Fig. 4.
Regarding claim 10, the interruption is designed to be non-obvious to children, thereby providing a childproof feature to the bag. See Abstract.
Regarding claim 11, Takigawa, as modified above, discloses a method for opening a resealable childproof bag, the bag comprising a first sidewall and a second sidewall, the method comprising: locating an interruption in a first locking member interlocked with a second locking member, wherein the first locking member is provided on a first closure element disposed at a first sidewall of the resealable childproof bag, and the second locking member is provided on a second closure element disposed at a second sidewall of the resealable childproof bag, and wherein the interruption is located at a predetermined position along the length of the bag assembly, wherein the interruption in a first locking member positioned between left and right ends of the bag opening to capable of providing a graspable area for a user, and said interruption has a length between 0.25 inch and 1.0 inches; applying a first outward force to the first closure element at the interruption; applying a second outward force to the second closure element at a position corresponding to the interruption to disengage the locking members; wherein the upper portion of the first sidewall is unattached from the upper portion of the first closure element to enable a rotating motion upon the application of the outward forces, and the unattached upper portion of the first sidewall allows for a peeling motion to initiate the opening. See above. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the interruption have a length between approximately 0.25 inches and 1.0 inch, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233.
Regarding claim 13, the first and second locking members are made of thermoplastic material. See [0025].
Regarding claim 15, the interruption provides a discreet location for a user to apply the outward forces, and the unattached upper portion of the first sidewall allows for a peeling motion to initiate the opening. See Figs. 1-4.
Regarding claim 16, Takigawa, as modified above, discloses a method for opening a resealable childproof bag, the bag comprising a first sidewall and a second sidewall, each sidewall having an upper portion, the method comprising: locating an interruption in a first locking member interlocked with a second locking member, wherein the first locking member is attached to an inner surface of the first sidewall and the second locking member is attached to an inner surface of the second sidewall; applying a first outward force to the first locking member at the area of the interruption; applying a second outward force to the second locking member at a corresponding area to the interruption; wherein an upper portion of the first sidewall is unattached from the upper portion of the first locking member to facilitate a rotating motion of the first sidewall upon the application of the outward forces, thereby disengaging the first and second locking members, and the unattached upper portion of the first sidewall enables a peeling motion to assist in the disengagement of the locking members, and the unattached upper portion of the first sidewall enables a peeling motion to assist in the disengagement of the locking members. See Above.
Regarding claims 17-19, Takigawa sufficiently discloses the claimed invention. 1-5 and Abstract.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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