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 .
Election/Restrictions
Applicant’s election without traverse of Species 5, Figures 7-8 in the reply filed on 12/23/2025 is acknowledged.
Claims 3-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/23/2025.
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) 1-2 and 17-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vierengel (US 1649760) in view of Nordling et al. (US 2021/0102340, hereinafter ‘Nordling’).
Vierengel discloses a package comprising: one or more sheets of paper (156+158) defining an interior volume; except does not expressly disclose the extensibility properties of the paper material as claimed.
However, Nordling teaches manufacturing paper wherein the paper has a machine direction (MD) extensibility of 10% or greater (para 0016), and a cross-direction (CD) extensibility of 6% or greater (para 00136) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to use the paper material taught by Nordling to manufacture the envelope taught by Vierengel, in order to provide stretchability without compromising printability as taught by Nordling (para 0003).
Vierengel as modified above further results in a device wherein the one or more sheets of paper define a bag (Vierengel Figs. 20-24); the one or more sheets of paper define a body having opposing first and second sides (156, 158) and one or more peripheral edges (Vierengel Figs. 20-24); the body defines an opening at one of the one or more peripheral edges, and where the body is configured to be joined to itself to close the opening (Vierengel Figs. 20-24); the body defines a flap (129) configured to cover the opening; the opening is disposed at one of the one or more edges peripheral edges (Vierengel Fig. 22); the one or more sheets of paper comprises a single sheet of paper folded (@151) and joined itself to define the interior volume.
Regarding claims 22 and 24, Vierengel as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the MD or CD extensibility being oriented towards the opening as claimed.
However it is noted that selecting the direction of the paper in forming the device taught by the combination above is a relatively basic selection process that would have been within the level of ordinary skill in the art prior to the invention by applicant as there are only two realistic choices…MD or CD being oriented towards the opening as claimed.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the Vierengel as modified above device with either the MD or CD of the paper being oriented towards the opening, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Vierengel as modified above further results in a device wherein the single sheet of paper is joined to itself along two seams oriented toward the opening (Vierengel 109, 110).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vierengel (US 1649760) in view of Nordling et al. (US 2021/0102340, hereinafter ‘Nordling’) as applied to claim 1 above, and further in view of Lee et al. (US 2003/0220036, hereinafter ‘Lee’).
Vierengel as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the additives as claimed.
However, Lee teaches coating paperstock material with an additive which imparts one or more desired properties such as water resistance (para 0176) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to use the coated laminate paper taught by Lee to construct the envelope taught by Vierengel as modified above, in order to provide specific desired properties such as water resistance as taught by Lee (para 0176).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER N HELVEY/Primary Examiner, Art Unit 3734
March 31, 2026
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