DETAILED ACTION
Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/15/2026 has been entered.
Claims 1-8, 10-18, 21, 23, 25-26, 29, 31 and 33-34 remain pending in the application.
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 11-18, 21, 23, 25-26, 29, 31 and 33-34 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 pre-AIA the applicant regards as the invention.
Claim 11 (an apparatus claim) depends on claim 1 (a method claim) making the claim indefinite. Specifically, claim 11 is claiming two statutory categories (method and apparatus). Therefore, it is unclear when infringement of claim 11 occurs. Is it when apparatus structure is taught, when the method steps are taught, or when both apparatus structure and method steps are taught? See MPEP 2173.05(p) II. In order to prosecute the application, Examiner assumes only apparatus structure is required for anticipation.
Claims 12-18, 21, 23, 25-26, 29, 31 and 33-34 are rejected for depending on a rejected claim.
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 1-8, 10-18, 23, 25-26, 31 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over USP# 4,207,021 of Burdett, Jr. (henceforth Burdett) in view of USPGP# 20090304463 of Dance et al. (henceforth Dance) and JP2015231843 of Fujiyoshi (henceforth Fujiyoshi).
Regarding claim 1, Burdett teaches
A method of processing a plastic liner bag (abstract, B in fig. 2) filled with contents, the method comprising the sequential steps of:
(a) positioning a lower surface of the plastic liner bag (40, bottom surface of bag as shown in fig. 2) on a plate (30) configured with at least two slots (slot 60 for cutter 29 and inherent slot in table for cutter 28), wherein the at least two slots are substantially perpendicular to each other (c. 8, l. 17-19);
(b) penetrating a surface of the plastic liner bag (top surface of B as shown in fig. 13) with one or more aeration spears (47);
and
(d) cutting the lower surface of the inflated plastic liner bag with a bag opener (28, 29, figs. 7-12),
wherein the bag opener is configured with at least two blades (28, 29) and
the at least two blades are substantially perpendicular to each other and pass through the slots of the plate (c. 8, l. 17-19).
Burdett teaches (c) inflating the plastic liner bag with a gas (air) delivered from the one or more aeration spears, thereby fluidizing the contents (c. 10 l. 25-31) after cutting (step d) and therefore Burdett does not teach inflating the bag (step c) occurs before cutting (step d).
Dance teaches
A similar method of processing a bag (para 0001) filled with contents, the method comprising the sequential steps of
positioning a lower surface of the plastic liner bag (bottom surface of bag as shown in fig. 2) on a plate (10);
penetrating a surface of the plastic liner bag (top surface of bag as shown in fig. 9) with one or more aeration spears (9);
inflating the plastic liner bag with a gas (para 0068, 0221) delivered from the one or more aeration spears, thereby fluidizing the contents (para 0057-0059 and 0224)
cutting the surface of the inflated plastic liner bag with a bag opener (14, fig. 10),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Burdett such that inflating by spears occurs prior to cutting, as taught by Dance, in order to reliably cut soft, saggy or crease filled bags (Dance: para 0060).
The combination of Burdett and Dance does not teach
the two slots bisect each other and the at least two blades bisect each other and pass together through the slots of the plate.
Fujiyoshi teaches
A method of processing a plastic liner bag (B) filled with contents, the method comprising:
positioning a lower surface of the plastic liner bag (bottom surface of bag as shown in fig. 2) on a plate (13A) configured with at least two slots (13B), wherein the at least two slots are substantially perpendicular to and bisect each other (see figs. 1-4); and
cutting the lower surface of the plastic liner bag with a bag opener (11A),
wherein the bag opener is configured with at least two blades (11A, para 0026) and
the at least two blades are substantially perpendicular to and bisect each other (para 0027) and pass together through the slots of the plate (para 0044, see also 0036-0037 and 0039 for additional details).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of the combination of Burdett and Dance such that, the two slots bisect each other and the at least two blades bisect each other and pass together through the slots of the plate, as taught by Fujiyoshi, in order to efficiently and quickly cut the bags (Fujiyoshi: para 0017). Additionally, both Burdett and Fujiyoshi teach a method of cutting a bag, it would have been obvious to one skilled in the art to substitute one method (cutting wheels of Burdett) for the other (X-shaped knife of Fujiyoshi) to achieve the predictable result of reliably cutting the bag. KSR Int’l Co. V. Teleflex Inc. 550 U.S. 398, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR).
Regarding claim 2, as shown in claim 1, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the plastic liner bag is pushed onto the plate (Burdett : c. 13, l. 19-26).
Regarding claim 3, as shown in claim 1, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the one or more aeration spears are displaced vertically downwards to penetrate the plastic liner bag (Burdett: see figs. 13-14, c. 8, l. 9-14 and c. 9, l. 9-18).
Regarding claim 4, as shown in claim 1, the combination of Burdett, Dance and Fujiyoshi does not teach
wherein a seal is formed around the penetrated surface of the plastic liner bag prior to inflating the plastic liner bag.
Dance teaches
A similar method of processing a bag (para 0001) filled with contents, the method comprising
positioning a lower surface of the plastic liner bag (bottom surface of bag as shown in fig. 2) on a plate (10);
penetrating a surface of the plastic liner bag (top surface of bag as shown in fig. 9) with one or more aeration spears (9);
inflating the plastic liner bag with a gas (para 0068, 0221) delivered from the one or more aeration spears, thereby fluidizing the contents (para 0221); and
cutting the surface of the inflated plastic liner bag with a bag opener (14, fig. 10),
wherein the gas is an inert gas (para 0068).
wherein a seal is formed around the penetrated surface of the plastic liner bag prior to inflating the plastic liner bag (para 0125, 0127, 0129, 0132).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of the combination of Burdett and Dance such that a seal is formed around the penetrated surface of the plastic liner bag prior to inflating the plastic liner bag as taught by Dance in order to prevent loss of contents of the bag from the penetrated surface/area during fluidization (Dance: para 0125). This improves the efficiency of the method by reducing product/content loss.
Regarding claim 5, as shown in claim 1, the combination of Burdett, Dance and Fujiyoshi does not teach
wherein the gas is an inert gas.
Dance teaches
A similar method of processing a bag (para 0001) filled with contents, the method comprising
positioning a lower surface of the plastic liner bag (bottom surface of bag as shown in fig. 2) on a plate (10);
penetrating a surface of the plastic liner bag (top surface of bag as shown in fig. 9) with one or more aeration spears (9);
inflating the plastic liner bag with a gas (para 0068, 0221) delivered from the one or more aeration spears, thereby fluidizing the contents (para 0221); and
cutting the surface of the inflated plastic liner bag with a bag opener (14, fig. 10),
wherein the gas is an inert gas (para 0068).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Burdett such that gas used for fluidization is an inert gas as taught by Dance in order to allow sterile processing of the bag (Dance: para 0026). This reduces the chance of contents of the bag from reacting with the fluidization gas.
Regarding claim 6, as shown in claim 1, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the bag opener is moved vertically upwards relative to the plate to cut the lower surface of the bag (Burdett: see fig. 23, springs 165, 166 vertically move the cutter 28 towards the bag and cutter 29 is moved up by assembly 171. c. 14, l. 31-37, Fujiyoshi: para 0036-0037, 0039, 0044).
Regarding claim 7, as shown in claim 1, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the plate is moved vertically downwards relative to the bag opener to cut the lower surface of the bag (Burdett: see fig. 13, c. 8, l. 29-40).
Regarding claim 8, as shown in claim 1, the combination of Burdett, Dance and Fujiyoshi teaches
after the plastic liner bag has been cut, pivoting at least a portion of the plate downwards to empty the plastic liner bag (Burdett: see fig. 13, c. 8, l. 29-40).
Regarding claim 10, as shown in claim 1, the combination of Burdett, Dance and Fujiyoshi does not teach
wherein the contents of the plastic liner bag comprises milk powder.
Dance teaches
A similar method of processing a bag (para 0001) filled with contents, wherein the contents of the plastic liner bag comprises milk powder (para 0045)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the contents of the method of the combination of Burdett, Dance and Fujiyoshi with milk powder as taught by Dance in order to make the method more versatile (i.e. allow the method to be used with different types of contents including milk powder).
Regarding claim 11, as shown in claim 1, the combination of Burdett, Dance and Fujiyoshi teaches
An apparatus (Burdett: apparatus in fig. 1) used in the method of processing a plastic liner bag (Burdett: abstract, B in fig. 2) filled with contents as claimed in claim 1 (see claim 1 above), the apparatus comprising:
a plate (Burdett: 30) to receive the plastic liner bag;
one or more aeration spears (Burdett: 47) arranged to penetrate a surface (Burdett: top surface of B as shown in fig. 13) of and deliver a gas (Burdett: air, c. 10 l. 25-31) into the plastic liner bag;
a bag opener (Burdett: 28, 29) configured to open the plastic liner bag; and
a vessel (Burdett: H) arranged beneath the plate to receive the contents of the plastic liner bag once opened (Burdett: see fig. 1);
wherein the plate is configured with at least two slots (Burdett: slot 60 for cutter 29 and inherent slot in table for cutter 28), the at least two slots are substantially perpendicular to each other (Burdett: c. 8, l. 17-19); the bag opener is arranged beneath the plate (Burdett: see figs. 7-12) and is configured with at least two blades (Burdett: 159 of cutter 28 and 167 of cutter 29), and the at least two blades are substantially perpendicular to each other and, in use, pass through the slots of the plate (Burdett: c. 8, l. 17-19).
The combination of Burdett and Dance does not teach
the two slots bisect each other and the at least two blades bisect each other and pass together through the slots of the plate.
Fujiyoshi teaches
An apparatus (device in fig. 1) for processing a plastic liner bag (B) filled with contents, the apparatus comprising:
a plate (13A) to receive the plastic liner bag;
a bag opener (11A) configured to open the plastic liner bag; and
wherein the plate is configured with at least two slots (13B), the at least two slots are substantially perpendicular to bisect each other (see figs. 1-4);
the bag opener is arranged beneath the plate (fig. 6) and is configured with at least two blades (11A, para 0026), and the at least two blades are substantially perpendicular to and bisect each other and, in use, pass together through the slots of the plate (para 0044, see also 0036-0037 and 0039 for additional details).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus of the combination of Burdett and Dance such that, the two slots bisect each other and the at least two blades bisect each other and pass together through the slots of the plate, as taught by Fujiyoshi, in order to efficiently and quickly cut the bags (Fujiyoshi: para 0017). Additionally, both Burdett and Fujiyoshi teach an devices for cutting a bag, it would have been obvious to one skilled in the art to substitute one device (cutting wheels of Burdett) for the other (X-shaped knife of Fujiyoshi) to achieve the predictable result of reliably cutting the bag. KSR Int’l Co. V. Teleflex Inc. 550 U.S. 398, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR).
Regarding claim 12, as shown in claim 11, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the apparatus comprises a housing (Burdett: 12, Fujiyoshi: 13) containing the plate and the bag opener.
Regarding claim 13, as shown in claim 11, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the apparatus comprises a conveyor (Burdett: 17) for the plastic liner bag.
Regarding claim 14, as shown in claim 13, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the apparatus comprises a pusher device (Burdett: 20, 21) arranged to move the plastic liner bag from the conveyor to the plate (Burdett: c. 11, l. 41-44).
Regarding claim 15, as shown in claim 11, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the apparatus comprises a bag holding means (Burdett: 45, 46, 247) configured to contact and engage the plastic liner bag when on the plate (Burdett: c. 17, l. 13-27).
Regarding claim 16, as shown in claim 15, the combination of Burdett, Dance and Fujiyoshi does not teach
wherein the bag holding means comprises one or more vacuum gripping devices.
Dance teaches
An apparatus (apparatus in fig. 1) for processing a plastic liner bag (“bag”), the apparatus comprising:
a plate (10) to receive the plastic liner bag;
one or more aeration spears (9) arranged to penetrate a surface (top surface of Bag as shown in fig. 9) of and deliver a gas (para 0068) into the plastic liner bag;
a bag opener (14) configured to open the plastic liner bag; and
a vessel (4) arranged beneath the plate to receive the contents of the plastic liner bag once opened (see fig. 1);
wherein the apparatus comprises a bag holding means (“vacuum grip assembly”, para 0125) configured to contact and engage the plastic liner bag when on the plate (para 0138-0141)
wherein the bag holding means comprises one or more vacuum gripping devices (para 0138).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the bag holding means of the combination of Burdett, Dance and Fujiyoshi such that the bag holding means comprises one or more vacuum gripping devices as taught by Dance in order to prevent loss of contents of the bag from the penetrated surface/area during fluidization (Dance: para 0141). This improves the efficiency of the apparatus by reducing product/content loss.
Regarding claim 17, as shown in claim 11, the combination of Burdett, Dance and Fujiyoshi does not teach
wherein the one or more aeration spears is configured with an outer housing configured as an annular ring and including a series of vacuum points.
Dance teaches
An apparatus (apparatus in fig. 1) for processing a plastic liner bag (“bag”), the apparatus comprising:
a plate (10) to receive the plastic liner bag;
one or more aeration spears (9) arranged to penetrate a surface (top surface of Bag as shown in fig. 9) of and deliver a gas (para 0068) into the plastic liner bag;
a bag opener (14) configured to open the plastic liner bag; and
a vessel (4) arranged beneath the plate to receive the contents of the plastic liner bag once opened (see fig. 1);
wherein the one or more aeration spears is configured with an outer housing configured as an annular ring and including a series of vacuum points (para 0138)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the bag holding means of the combination of Burdett, Dance and Fujiyoshi such that the one or more aeration spears is configured with an outer housing configured as an annular ring and including a series of vacuum points as taught by Dance in order to prevent loss of contents of the bag from the penetrated surface/area during fluidization (Dance: para 0141). This improves the efficiency of the apparatus by reducing product/content loss.
Regarding claim 18, as shown in claim 11, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the apparatus includes a displacement means (Burdett: 27) for the one or more aeration spears, and the displacement means is configured to move the aeration spears substantially vertically downwards (Burdett: c. 8, l. 13-14, c. 17, l. 13-27).
Regarding claim 23, as shown in claim 11, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the plate is formed from two or more segments (Burdett: 31, 32, Fujiyoshi: four quadrants of 13A), and the slots are formed between adjacent segments (Burdett: 60 is between 31, 32, Fujiyoshi: see figs. 1-4).
Regarding claim 25, as shown in claim 23, the combination of Burdett, Dance and Fujiyoshi teaches
wherein an edge or side of each segment is hinged (Burdett: hinges at 156, c. 14, l. 50-51).
Regarding claim 26, as shown in claim 11, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the plate is mounted to a frame (Burdett: 12) including a displacement means (Burdett: 33, 34), and the plate is configured to be displaced vertically downwards relative to the bag opener (Burdett: fig. 13, Fujiyoshi: para 0044).
Regarding claim 31, as shown in claim 11, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the at least two blades (Burdett: two blades 159 of cutter 28, Fujiyoshi: 11A) of the bag opener are mounted to a frame (Burdett: 12 (at least indirectly, Fujiyoshi: 13), and the bag opener comprises a displacement means (Burdett: springs 165, Fujiyoshi: para 0036-0037, 0039, 0044) that is operative on the frame.
Regarding claim 33, as shown in claim 26, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the bag opener is configured to be displaced vertically upwards relative to the plate (Burdett: see fig. 23, springs 165, 166 vertically move the cutter 28 towards the bag and cutter 29 is moved up by assembly 171. c. 14, l. 31-37, Fujiyoshi: para 0036-0037, 0039, 0044).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Burdett, Dance and Fujiyoshi in view of USPGP# 20040055438 of Ours et al. (henceforth Ours).
Regarding claim 34, as shown in claim 11, the combination of Burdett, Dance and Fujiyoshi teaches
wherein the apparatus comprises a control system (Burdett: c. 3, l. 65-68 and c. 26, l. 46-50) and the control system receives inputs from sensors (Burdett: c. 18, l. 39+ and c. 19, l. 1-20) provided to the apparatus.
The combination of Burdett, Dance and Fujiyoshi does not teach the control system is a programmable logic controller.
Ours teaches
An apparatus (apparatus in fig. 1) for processing a container (202) filled with contents, the apparatus comprising: a control system (para 0053) including a programmable logic controller (para 0053), and the PLC receives inputs from sensors (para 0056) provided to the apparatus.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the control system of the combination of Burdett, Dance and Fujiyoshi with a programmable logic controller as taught by Ours in order to allow easy programming and controlling of the various aspect of the apparatus using commercially available technology. This makes the apparatus easy to use and more cost effective to manufacture since new controller does not have to be created.
Allowable Subject Matter
Claims 21 and 29 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 21, the prior art of record, in combination with other limitations of the claim, is silent on “the plate is configured with at least three slots, and a first slot is relatively elongate and bisected by a second slot and third slot spaced equidistantly apart”. the combination of Burdett, Dance and Fujiyoshi teaches all of the limitations of the claim except for a third slot that bisects the first slot. USPGP 20210309404 of Werfring teaches an apparatus (apparatus in figs. 1-2) for processing a bag (1), comprising: a bag opener (18, fig. 5) configured to open the bag; and a plate (17) to receive the plastic liner bag; wherein the plate is configured with at least three slots (the slots forming the H shape as shown in fig. 1), and a first slot (central slot of the H-shape) is relatively elongate and a second slot (right slot of H-shape) and third slot (left slot of H-shape) are spaced equidistantly apart. However, Werfring does not teach the second and third slot bisects (divide into multiple sections) the first slot. Rather, the first slot ends at the intersection of the second and third slot. Furthermore, it would not have been obvious to one of ordinary skill in the art to add/modify such a configuration without hindsight. Therefore, the prior art, taken alone or in combination, fails to read on the present claims.
Regarding claim 29, the prior art of record, in combination with other limitations of the claim, is silent on “the bag opener includes at least three blades, and a first blade is relatively elongate and bisected by a second and third blade spaced equidistantly apart.”. the combination of Burdett, Dance and Fujiyoshi teaches all of the limitations of the claim except for a third blade that bisects the first blade. USPGP 20210309404 of Werfring teaches an apparatus (apparatus in figs. 1-2) for processing a bag (1), comprising: a bag opener (18, fig. 5) configured to open the bag; and a plate (17) to receive the plastic liner bag; the bag opener includes at least three blades (three blades 39 of the H-shape), wherein a first blade (central blade of the H-shape) is relatively elongate and a second (right blade of H-shape) and third blade (left blade of H-shape) are spaced equidistantly apart. Werfring does not teach the second and third slot bisects (divide into multiple sections) the first blade. Rather, the first blade ends at the intersection of the second and third slot. Furthermore, it would not have been obvious to one of ordinary skill in the art to add/modify such a configuration without hindsight. Therefore, the prior art, taken alone or in combination, fails to read on the present claims.
Response to Arguments
Applicant’s arguments filed on 11/17/2025 have been fully considered:
Applicant' s arguments with respect to claims 1 and 11 have been considered but are moot because the arguments do not apply to the additional reference of Fujiyoshi being used in the current rejection.
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 MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731