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 1-4, 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over German Document No. 295 00 157 (hereinafter DE ‘157) in view of Japanese Document No. 1-254557 to Sugitani (hereinafter Sugitani).
Regarding claim 1, DE ‘157 discloses a pouch-type bag made of paper having a first ply (6) and a second ply (4), which are connected to one another on their lateral edges (Figs. 1 and 2) and form a filling space (2), wherein, at its closed end, the pouch-type bag comprises a block-type base or cross-type base (base surface 10; Fig. 1) and, at its open end (insertion opening 32) via which the filling space (2) can be filled, the lateral edges of the first and second plies terminate on the same plane (Fig. 2), wherein a sheet (20) is connected to the first ply (6), which sheet extends beyond the lateral edges of the first and second plies (Figs. 1 and 2a), wherein the sheet (20) is arranged in particular on the side of the first ply facing away from the filling space (Figs. 1 and 2a).
DE ‘157 discloses the claimed invention, the sheet (20) being fastened on the second ply (4) in a state of being pleated onto the second by an adhesive element (machine translation paragraph [0049]). However, DE ‘157 discloses the adhesive element is fastened on the tabs of the sheet instead of on the second ply. Sugitani shows that an adhesive element fastened on a second ply is an equivalent structure known in the art (Figs. 1 and 2). Therefore, because these two adhesive element locations were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the adhesive element fastened on the tabs in DE ‘157 for the adhesive element fastened on the second ply.
Regarding claim 2, DE ‘157 discloses the sheet (20) is a separate workpiece, being connect the to the first ply (6) by means of an adhesive connection (22).
Regarding claim 3, DE ‘157 discloses handle strips (12) are provided, which extend beyond the lateral edge of the first and second plies (Figs. 1 and 2), wherein the sheet (20) comprises recesses (distances between tabs 14, 16, and 18) in the region of the handle strips (Fig. 1).
Regarding claim 4, DE ’157 discloses the sheet (20) can be pleated onto the second ply (4), in order to close the open end (Fig. 3a).
Regarding claim 6, DE ‘157 discloses the tab surfaces facing the front large area (4) are provided with an adhesive which, when delivered, is provided with a removable protective film (machine translation paragraph [0038]), which meets the recitation “the adhesive element is covered with a protective element before use.”
Regarding claim 9, the sheet includes recesses in the region of the handle strips. See Fig. 1.
Response to Arguments
Applicant's arguments filed 11/28/2025 have been fully considered but they are not persuasive. Applicant argues that it would not make sense to put an adhesive on the first and second ply because it would take multiple steps. However, Sugitani discloses that it is art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to place adhesive on the first or second ply. Arguendo, that an additional step would preclude such a combination, there is no additional step as adhesive can be placed on the first or the second ply. As such, there is a clear teaching, suggestion, and motivation to combine the references. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
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.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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