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 .
The previous Office action has been withdrawn.
This is a non-final Office action responsive to the reply filed on 01/22/2026.
Claims 1, 4, 5 and 15 have been amended.
Claims 2, 3, 16 and 17 have been canceled.
Claims 21-24 were added.
Claims 1, 4-15 and 18-24 are pending.
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-7 and 15-20) in the reply filed on 08/04/2025 is acknowledged. The traversal is on the ground(s), see pages 6 and 7. This is found persuasive, therefore the election/restriction requirement in the Office communication mailed on 07/02/2025 has been withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 9 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The subject matter “the posts are one or more of formed of a shape or formed from a material” is not properly describe in the disclosure. It is not clear what shape or material the posts are formed.
Claim 10 is rejected as being dependent upon a rejected claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 6, 7, 8, 9, 13, 14, 15, 19, 20, 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Plourde (US Publication No. 2011/0293204), in view of Bentsen (US Patent No. 4,673,383).
Regarding claim 1, Plourde discloses a zipper assembly for an enclosure, the zipper assembly comprising:
a flange having an interlocking side and an opposite panel side, the interlocking side having interlocking members configured to releasably engage and release from other interlocking members to alternate between closed and open states of the enclosure, the panel side configured to be sealed to panels (72, 74) of the enclosure (70) to affix the zipper assembly to the enclosure (70) (see annotated Fig. 2 and Fig. 5); and
posts protruding from the panel side of the flange, the posts collapsing upon compression of the posts during sealing of the panel side of the flange to the panels (72, 74) of the enclosure (70) to allow the panel side of the flange to be sealed to the panels (72, 74) (see annotated Fig. 2 and Fig. 5; also, paragraph [0017]).
Plourde does not disclose the posts preventing compression of the posts and maintaining a spatial separation between the panel side of the flange and the interlocking side of the flange while the zipper assembly is wound onto a supply roll.
However, Bentsen teaches the posts (55) preventing compression of the posts (55) and maintaining a spatial separation (57) between the panel side of the flange (54) and the interlocking side of the flange (54) while the zipper assembly is wound onto a supply roll (32) (see Fig. 8).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to wound the zipper assembly from Plourde and maintain a spatial separation of the post as taught by Bentsen, in order to retain the spirally wound zipper assembly against such lateral displacement as would permit entanglement during payoff or unwinding of the zipper assembly.
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Regarding claim 6, Plourde discloses, wherein the posts (40, 44, 48, 52) protrude from the panel side of the flange in sealant areas that are not opposite the interlocking members protruding from the interlocking side of the flange (see Fig. 1).
Regarding claim 7, Plourde discloses, wherein the posts have one or more of a pointed shape, a rounded shape, or a square shape (see annotated Fig. 2).
Regarding claim 8, Plourde discloses a method for forming a zipper assembly for an enclosure, the method comprising:
forming the zipper assembly to have a flange with an interlocking side and an opposite panel side, the flange formed with interlocking members protruding from the interlocking side and positioned to releasably engage and release from other interlocking members to alternate between closed and open states of the enclosure, the flange also formed with the panel side positioned to be sealed to panels (72, 74) of the enclosure (70) to affix the zipper assembly to the enclosure (see annotated Fig. 2 and Fig. 5),
wherein the zipper assembly is formed to have posts protruding from the panel side of the flange, the posts formed to collapse upon compression of the posts during sealing of the panel side of the flange to the panels (72, 74) of the enclosure (70) to allow the panel side of the flange to be sealed to the panels (72, 74) (see annotated Fig. 2 and Fig. 5; also, paragraph [0017]).
Plourde does not disclose the posts formed to prevent compression of the posts and maintain a spatial separation between the panel side of the flange and the interlocking side of the flange while the zipper assembly is wound onto a supply roll.
However, Bentsen teaches the posts (55) formed to prevent compression of the posts (55) and maintain a spatial separation (57) between the panel side of the flange (54) and the interlocking side of the flange (54) while the zipper assembly is wound onto a supply roll (32) (see Fig. 8).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to wound the zipper assembly from Plourde and maintain a spatial separation of the post as taught by Bentsen, in order to retain the spirally wound zipper assembly against such lateral displacement as would permit entanglement during payoff or unwinding of the zipper assembly.
Regarding claim 9, Plourde discloses, wherein the posts are one or more of formed of a shape or formed from a material that prevents collapse of the posts upon receiving no more than ten pounds per square inch of compressive force (the post does not collapse at 0 psi, see annotated Fig. 2).
Regarding claim 13, Plourde discloses, wherein the posts (40, 44, 48, 52) are formed to protrude from the panel side of the flange in sealant areas that are not opposite the interlocking members protruding from the interlocking side of the flange (see Fig. 1).
Regarding claim 14, Plourde discloses, wherein the posts are formed to have one or more of a pointed shape, a rounded shape, or a square shape (see annotated Fig. 2).
Regarding claim 15, Plourde discloses a zipper assembly for an enclosure, the zipper assembly comprising:
a flange having an interlocking side and an opposite panel side, the interlocking side having interlocking members protruding from first areas of the interlocking side and shaped to releasably engage and release from other interlocking members to alternate between closed and open states of the enclosure, the panel side configured to be cold sealed to panels (72, 74) of the enclosure (70) to affix the zipper assembly to the enclosure (70) (see annotated Fig. 2); and
posts protruding from the panel side of the flange in second areas of the panel side, the posts configured to collapse upon compression of the posts during cold sealing of the panel side of the flange to the panels (72, 74) of the enclosure (70) to allow the panel side of the flange to be sealed to the panels (72, 74) (see annotated Fig. 2 and Fig. 5; also, paragraph [0017]).
Plourde does not disclose the posts configured to prevent compression of the posts and maintain a spatial separation between the panel side of the flange and the interlocking side of the flange while the zipper assembly is wound onto a supply roll.
However, Bentsen teaches the posts (55) configured to prevent compression of the posts (55) and maintain a spatial separation (57) between the panel side of the flange (54) and the interlocking side of the flange (54) while the zipper assembly is wound onto a supply roll (32) (see Fig. 8).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to wound the zipper assembly from Plourde and maintain a spatial separation of the post as taught by Bentsen, in order to retain the spirally wound zipper assembly against such lateral displacement as would permit entanglement during payoff or unwinding of the zipper assembly.
Regarding claim 19, Plourde discloses, wherein the first and second areas are non-overlapping areas (see Fig. 1).
Regarding claim 20, Plourde discloses, wherein the posts have one or more of a pointed shape, a rounded shape, or a square shape (see annotated Fig. 2).
Regarding claim 21, Plourde discloses, wherein the posts are formed from a foam material (see annotated Fig. 2 and paragraph [0017]).
Regarding claim 23, Plourde discloses, wherein the posts are formed from a foam material (see annotated Fig. 2 and paragraph [0017]).
Claims 4, 5, 11, 12, 18, 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Plourde (US Publication No. 2011/0293204), in view of Bentsen (US Patent No. 4,673,383) as applied to claim 1 above, and further in view of Gould (US Patent No. 4,835,835).
Regarding claim 4, the combination of Plourde in view of Bentsen discloses, wherein the posts configured to collapse upon compression of the posts during cold sealing of the panel side of the flange to the panels (72, 74) of the enclosure (70) to allow to be sealed between the panels (72, 74) and the panel side of the flange without sealing the posts to the panels (72, 74) (see annotated Fig. 2, Fig. 5, and paragraph [0017]).
Plourde as modified by Bentsen does not disclose a cold sealant adhesive disposed on one or more of the panel side of the flange or the panels.
However, Gould teaches a cold sealant adhesive (14) disposed on one or more of the panel side (13) of the flange (11) or the panels (see Fig. 1, Col. 4, lines 58-68, and Col. 5, lines 1-4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the zipper assembly from Plourde by adding adhesive on the panel side as taught by Gould in order to facilitate the panel side to be secured to a substrate.
Regarding claim 5, the combination of Plourde in view of Bentsen discloses, wherein the posts are positioned and protrude from the panel side of the flange while the zipper assembly is wound onto itself on a spool (32) such that the posts prevent from adhering to the interlocking side of the flange while the zipper assembly is wound onto itself on the spool (32) (see annotated Fig. 2 from Plourde, and Fig. 8 from Bentsen).
Plourde as modified by Bentsen does not disclose a cold sealant adhesive disposed on the panel side of the flange.
However, Gould teaches a cold sealant adhesive (14) disposed on the panel side (13) of the flange (11) (see Fig. 1, Col. 4, lines 58-68, and Col. 5, lines 1-4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the zipper assembly from Plourde by adding adhesive on the panel side as taught by Gould in order to facilitate the panel side to be secured to a substrate.
Regarding claim 11, the combination of Plourde in view of Bentsen discloses, wherein the posts are formed to collapse upon compression of the posts during cold sealing of the panel side of the flange to the panels (72, 74) of the enclosure (70) to allow to be sealed between the panels (72, 74) and the panel side of the flange (see annotated Fig. 2, Fig. 5, and paragraph [0017]).
Plourde as modified by Bentsen does not disclose a cold sealant adhesive disposed on one or more of the panel side of the flange or the panels.
However, Gould teaches a cold sealant adhesive (14) disposed on one or more of the panel side (13) of the flange (11) or the panels (see Fig. 1, Col. 4, lines 58-68, and Col. 5, lines 1-4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the zipper assembly from Plourde by adding adhesive on the panel side as taught by Gould in order to facilitate the panel side to be secured to a substrate.
Regarding claim 12, the combination of Plourde in view of Bentsen discloses, wherein the posts are formed in locations to protrude from the panel side of the flange such that the posts prevent from adhering to the interlocking side of the flange (see annotated Fig. 2 from Plourde, and Fig. 8 from Bentsen).
Plourde as modified by Bentsen does not disclose applying a cold sealant adhesive on the panel side of the flange.
However, Gould teaches a cold sealant adhesive (14) on the panel side (13) of the flange (11) (see Fig. 1, Col. 4, lines 58-68, and Col. 5, lines 1-4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the zipper assembly from Plourde by adding adhesive on the panel side as taught by Gould in order to facilitate the panel side to be secured to a substrate.
Regarding claim 18, the combination of Plourde in view of Bentsen discloses, wherein the posts are positioned and protrude from the panel side of the flange such that the posts prevent from adhering to the interlocking side of the flange while the zipper assembly is on the supply roll (32) (see annotated Fig. 2 from Plourde, and Fig. 8 from Bentsen).
Plourde as modified by Bentsen does not disclose a cold sealant adhesive disposed on the panel side of the flange.
However, Gould teaches a cold sealant adhesive (14) disposed on the panel side (13) of the flange (11) (see Fig. 1, Col. 4, lines 58-68, and Col. 5, lines 1-4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the zipper assembly from Plourde by adding adhesive on the panel side as taught by Gould in order to facilitate the panel side to be secured to a substrate.
Regarding claim 22, the combination of Plourde in view of Bentsen, and further in view of Gould discloses, wherein the posts protrude from the panel side of the flange beyond an outer surface of the cold sealant adhesive (14) on the panel side of the flange (see annotated Fig. 2 from Plourde, and Fig. 1 from Gould).
Regarding claim 24, the combination of Plourde in view of Bentsen, and further in view of Gould discloses, wherein the posts protrude from the panel side of the flange beyond an outer surface of the cold sealant adhesive (14) on the panel side of the flange (see annotated Fig. 2 from Plourde, and Fig. 1 from Gould).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Plourde (US Publication No. 2011/0293204), in view of Bentsen (US Patent No. 4,673,383) as applied to claim 9 above, and further in view of Ren (US Patent No. 6,086,970).
Regarding claim 10, Plourde as modified by Bentsen does not disclose the posts are one or more of formed of the shape or formed from the material that causes the posts to collapse upon receiving at least one hundred pounds per square inch of the compressive force.
However, Ren discloses a material (high density polyethylene (HDPE)) that collapse upon receiving at least one hundred pounds per square inch of the compressive force (Marlex 4903 HDPE that collapse at 340 psi, see Table 1).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to make the posts from Plourde with a HDPE material as taught by Ren in order the posts can withstand high collapsible pressure during storage and transportation.
Response to Arguments
Applicant’s arguments, see pages 7 and 8, filed 01/22/2026, with respect to the rejection(s) of claims 1 and 15 under 35 USC § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in Plourde, in view of Bentsen. Plourde discloses a post that is made of foam and collapse upon compression (see annotated Fig. 2 and Fig. 5; also, paragraph [0017]).
Examiner’s Comment
In view of applicant’s amendments to the claims submitted in the reply filed on 01/22/2026, the claim objections and the claim rejections under 35 USC § 102 indicated in the prior Office action have been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS A MERCADO whose telephone number is (571)270-5388. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason W. San can be reached at 571-272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
Prosecution Insights