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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the multi-film thermoplastic bag being devoid of a hem seal that extends continuously from the first side edge to the opposing second side edge of either the first or second multi-layered sidewall must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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 11 and 20 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. It is unclear how in the independent claims the bag can be “devoid of a heat seal that extends continuously from the first side edge to the opposing second side edge ...,” and then in claims 11 and 20 have “bonds made by heat seals that extend continuously from a first side edge to an opposing second side edge ...” (Emphasis added).
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 8-10, 12-14 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kugler et al. (US 3,114,497).
Regarding claim 1, Kugler discloses a multi-film thermoplastic bag comprising: a first multi-layered sidewall (11) of a thermoplastic material comprising a first side edge, an opposing second side edge, and a first hem channel (20) formed by a fold-over of the first multi-layered sidewall to an inner surface of the first multi-layered sidewall; a second multi-layered sidewall (12) of the thermoplastic material comprising a first side edge, an opposing second side edge, and a second hem channel (21) formed by a fold-over of the second multi-layered sidewall to an inner surface of the second multi-layered sidewall; a first pattern of discrete bonds (30) that secure the fold-over of the first multi-layered sidewall to the inner surface of the first multi-layered sidewall; and a second pattern of discrete bonds (30 - other side) that secure the fold-over of the second multi- layered sidewall to the inner surface of the second multi-layered sidewall, wherein the multi-film thermoplastic bag is devoid of a heat seal that extends continuously from the first side edge to the opposing second side edge of either the first or second multi-layered sidewall. See Figs. 1-5.
Regarding claim 2, the discrete bonds of the first pattern and the second pattern comprises heat seals (30).
Regarding claim 3, the discrete bonds of the first patterned hem and the second patterned hem are capable of comprising contact areas that when viewed from an outside of the multi-film thermoplastic bag have a second appearance differing from a first appearance of unbonded portions between adjacent contact areas. See Figs. 1-6.
Regarding claim 8, the first and second multi-layered sidewalls each comprise a grab-zone (at 15) extending from the first side edges to the opposing second side edges and from a top of the multi-film thermoplastic bag a first distance toward a bottom of the multi-film thermoplastic bag; and at least a portion of the fold-over of the first and second multi-layered sidewalls extend, within the multi-film thermoplastic bag, respectively a hem channel across the grab-zone thereby forming first and second extended hem skirts. See Figs. 1-5.
Regarding claim 9, a first hem skirt bond (30a) positioned below the first pattern of discrete bonds (30) that secures a first extended hem skirt to a first sidewall; and a second hem skirt bond (30a - other side) positioned below the second pattern of discrete bonds (30) that secures a second extended hem skirt to the second sidewall. See Figs. 4-5.
Regarding claim 10, each of the first and second hem skirt bonds comprise a plurality of discrete bonds. See Figs. 1-5.
Regarding claim 12, Kugler discloses a multi-film thermoplastic bag comprising: an outer first thermoplastic bag comprising first and second opposing sidewalls joined together along a first side edge, an opposite second side edge, an open first top edge, and a closed first bottom edge; an inner second thermoplastic bag positioned within the first thermoplastic bag, the second thermoplastic bag comprising third and fourth opposing sidewalls joined together along a third side edge, an opposite fourth side edge, an open second top edge, and a closed second bottom edge, a first plurality of non-continuous bonds securing a fold-over of the first sidewall of the outer first thermoplastic bag and the third sidewall of the inner second thermoplastic bag thereby forming a first hem channel, wherein the first hem seal comprises a first plurality of non-continuous bonds extending in a direction from the first side edge to the opposite second side edge; and a second plurality of non-continuous bonds securing a fold-over of the second sidewall of the outer first thermoplastic bag and the fourth sidewall of the inner second thermoplastic bag thereby forming a second hem channel, wherein the second plurality of non-continuous bonds extend in the directions from the first side edge to the opposite second side edge, wherein the multi-film thermoplastic bag is devoid of a heat seal that extends continuously from the first side edge to the opposite second side edge. See Figs. 1-5.
Regarding claim 13, the discrete bonds of the first plurality and the second plurality of non-continuous bonds comprise heat seals (30).
Regarding claim 14, the first plurality and second plurality of non-continuous bonds comprise contact areas that when viewed from an outside of the multi-film thermoplastic bag have a second appearance differing from a first appearance of unbonded portions between adjacent contact areas. See Figs. 1-5.
Regarding claim 19, a first hem skirt bond (30a) positioned that secures a first extended hem skirt to the inner second thermoplastic bag; and a second hem skirt bond (30a - other side) that secures a second extended hem skirt to the inner second thermoplastic bag. See Figs. 4-5.
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) 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kugler as applied above in further view of Steenblock et al. (US 2021/0155379).
Regarding claim 4, Kugler does not disclose the contact areas as claimed. Steenblock, which is drawn to a bag, discloses contact areas configured to separate before either of a first thermoplastic film or a second thermoplastic film for the first or second multi-layered sidewalls fail when subjected to peel forces. See [0011]-[0013], [0043]-[0045] and [0148]. 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 contact areas act as disclosed by Steenbock in order to protect the overall integrity of the bag.
Regarding claim 15, Kugler does not disclose the contact areas as claimed. Steenblock, which is drawn to a bag, discloses contact areas configured to separate before either of the outer first thermoplastic bag or inner second thermoplastic bag fail when subjected to peel forces. See [0011]-[0013], [0043]-[0045] and [0148]. 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 contact areas act as disclosed by Steenbock in order to protect the overall integrity of the bag.
Claims 5, 6, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kugler as applied above in further view of Jean-Mary et al. (US 2018/0118415).
Regarding claims 5, 6, 16 and 17, Kugler does not necessarily disclose the bonds as claimed. Jean-Mary, which is drawn to a bag, discloses discrete bonds of a first patterned hem and a second patterned hem that can comprise adhesive bonds, ultrasonic bonds or SELFing bonds. See Cl. 4 and [0146]. 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 bonds of Kugler be as disclosed by Jean-Mary in order to attach and secure the hem Kugler to the bag.
Claims 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kugler as applied above in further view of Cobler (US 2017/0362023).
Regarding claims 11 and 20, Kugler sufficiently discloses the claimed invention but does not necessarily disclose heat seals as claimed. Cobler, which is drawn to a bag, discloses hem skirt bonds (176) made by heat seals that extend continuously from a first side edge to an opposing second side edge of a respective first or second multi-layered sidewall. See Fig. 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 use heat seals on the bag of Kugler as disclosed by Fraser in order to sufficiently create the hems and secure drawstrings therein.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection. It should be noted, however, that the figures filed 1/30/2026 contain new matter and are not entered.
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 DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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