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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patent Application Publication No. 2002/0141665 to Shigeta et al. (hereinafter Shigeta).
Regarding claim 1, Shigeta discloses a paper package (bag 10) comprising at least a first wall (11c) and a second wall (closure flap 14), as well as an adhesive stripe (21) between the first wall (11c) and the second wall (14), the adhesive stripe (21) forming a seam closing the package on that side of the package where the package is arranged to be opened (Fig. 3), which package is configured to be opened by pulling the first wall (11c) and the second wall (14) apart in a direction transverse to the adhesive stripe (21), wherein the adhesive stripe (21) further constituting a seal configured to seal the package is formed by heat sealing, ultrasonic sealing or hot melt adhesive (hot-melt adhesive 17), the paper package also comprises at least one fibre rip stopper (20) at the edge of the adhesive stripe (21; Figs. 2 and 3), and the fibre rip stopper (20) being configured to delimit the point separating the first wall (11c) and the second wall (remaining piece 14b of the closure flap 14; paragraph [0048]).
Regarding claim 2, Shigeta discloses the paper package further comprises a third wall (11d) which is permanently attached to the second wall (14) to form a seam (16) closing the upper edge of the package (Fig. 3), wherein the second wall (14) constitutes a flap, under which the adhesive stripe (21) is arranged between the first wall (11c) and the second wall (14; Fig. 3).
Claims are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 3,453,661 to Repko.
Regarding claim 1, Repko discloses a paper package (20) comprising at least a first wall (22) and a second wall (cover 34), as well as an adhesive stripe (pressure-sensitive adhesive coating cover 34; column 3, lines 1-6) between the first wall (22) and the second wall (34), the adhesive stripe forming a seam closing the package on that side of the package where the package is arranged to be opened (Fig. 2), which package is configured to be opened by pulling the first wall and the second wall apart in a direction transverse to the adhesive stripe (Fig. 4), wherein the adhesive stripe further constituting a seal (between the tops of heat-sealable sheets 21, 22) configured to seal the package is formed by heat sealing, ultrasonic sealing or hot melt adhesive (Fig. 2; column 2, lines 30-49), the paper package also comprises at least one fibre rip stopper (outlets 25, 27, 29, 30, 32, 32, or 33) at the edge where the adhesive stripe meets the fibre rip stopper (Figs. 3 and 4), and the fibre rip stopper (outlets 25, 27, 29, 30, 32, 32, or 33) being configured to delimit the point separating the first wall (22) and the second wall (34; Fig. 4).
Regarding claim 3, Repko discloses the paper package further comprises a third wall (21) which is permanently attached to the first wall (22) to form a seam closing the upper edge of the package (Fig. 2), wherein the second wall (34) constitutes a flap, under which the adhesive stripe is arranged between the first wall (22) and the second wall (34; Fig. 2).
Regarding claim 5, Repko discloses the fibre rip stopper is arranged as a slit or incision (25, 27, 29, 30, 32, 32, or 33) in the first wall (Fig. 3).
Claims 1, 4, and 6-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Patent Application Publication No. 2022/0324617 to Beelen (hereinafter Beelen).
Regarding claim 1, Beelen discloses a paper package (bag 10) comprising at least a first wall (20) and a second wall (30), as well as an adhesive stripe (150) between the first wall (20) and the second wall (30), the adhesive stripe (150) forming a seam closing the package on that side of the package where the package is arranged to be opened, which package is configured to be opened by pulling the first wall (20) and the second wall (30) apart in a direction transverse to the adhesive stripe (150), wherein the adhesive stripe (150) further constituting a seal configured to seal the package is formed by heat sealing, ultrasonic sealing or hot melt adhesive (paragraph [0040]). Beelen discloses the bag comprises a first flexible angle (120) located at a distance from the adhesive (150) in the direction of the interior of the bag (Fig. 2) or a second flexible angle (170) located at the edge of the adhesive (150) in the direction of the interior of the package (Fig. 3), which meets the recitation “the paper package also comprises at least one fibre rip stopper at the edge of the adhesive stripe or at a distance from it in the direction of the interior of the package” and the structure implied by the recitation “the fibre rip stopper being configured to delimit the point separating the first wall and the second wall.”
Regarding claim 4, Beelen discloses the package is provided with two fibre rip stoppers so that the first fibre rip stopper (120) is provided on the side of the adhesive stripe (150) facing the first wall (20), and the second fibre rip stopper (170) is provided on the side of the adhesive stripe (150) facing the second wall (30; Fig. 3).
Regarding claim 6, Beelen discloses the fibre rip stopper (120) is formed of a tab provided between the first wall (20) and the adhesive stripe (150) or the fibre rip stopper (170) is formed of a tab provided between the second wall (30) and the adhesive stripe (150) so that the edge of the tab and the edge of the adhesive stripe (150) are substantially overlapping (Fig. 3), or the edge of the tab extends to a distance from the edge of the adhesive stripe, in the direction of the interior of the package (Fig. 3).
Regarding claim 7, Beelen discloses the claimed invention, as discussed above regarding claim 6. Beelen further discloses the first and second flexible angles (120, 170) are paper based substrates (paragraph [0053]), which meets the recitation “wherein the tab is formed of a slip of paper.”
Regarding claim 8, Beelen discloses the claimed invention, as discussed above regarding claim 6. Beelen further discloses the first and second flexible angles (120, 170) are formed from paper tape attached to the respective side panel by a double sided tape (paragraph [0069]), which meets the recitation “wherein the tab consists of double-sided adhesive paper tape.”
Regarding claim 9, Beelen discloses the package comprises two fibre rip stoppers, one (120) in the first wall (20 and the other (170) in the second wall (30; Fig. 3).
Regarding claim 10, Beelen discloses the claimed invention, as discussed above regarding claim 9. Beelen further discloses the first and second flexible angles (120, 170) are paper based substrates (paragraph [0053]), which meets the recitation “wherein at least one of the two fibre rip stoppers is formed of a slip of paper.”
Regarding claim 11, Beelen discloses the claimed invention, as discussed above regarding claim 9. Beelen further discloses the first and second flexible angles (120, 170) are formed from paper tape attached to the respective side panel by a double sided tape (paragraph [0069]), which meets the recitation “wherein at least one of the two fibre rip stoppers is formed of double-sided adhesive paper tape.”
Regarding claim 12, Beelen discloses pressure sensitive adhesive (150) is repositionable (paragraph [0022]), which meets the recitation “comprising resealable closure.”
Regarding claim 13, Beelen discloses a method for making a paper package (bag 10) comprising: providing at least one piece of paper as the first wall (20) and the second wall (30) for the paper package, fastening the first wall (20) of the paper package and the second wall (30) of the package to each other by means of an adhesive, by ultrasonic sealing or heat sealing (paragraph [0040]), providing an adhesive stripe (150 on backing layer 155; paragraph [0061]) by heat sealing, ultrasonic sealing or hot melt adhesive the backing layer (155) between the first wall (20) and the second wall (30) of the package to form a seam closing the openable side of the paper package (Fig. 7) and a seal sealing the paper package (Fig. 5), and providing a fibre rip stopper (120, 170) in connection with at least the first wall (20) or the second wall (30) of the package configured to be opened by pulling the first wall (20) and the second wall (30) apart in a direction transverse to the adhesive stripe (150).
Regarding claim 14, Beelen discloses providing the fibre rip stopper (120) in connection with the first wall (20) or the fibre rip stopper (170) in connection with the second wall (30) of the package before the first wall (20) and the second wall (30) are fastened to each other and before the seam for closing the openable side is provided by means of the adhesive stripe (150; paragraphs [0069]-[0070]).
Regarding claim 15, Beelen discloses arranging at least one tab of the fibre rip stopper (120) made of paper of fibre material (paragraph [0053]) onto the first wall (20) or arranging at least one tab of the fibre rip stopper (170) made of paper of fibre material (paragraph [0053]) onto the second wall (30) of the paper package by means of adhesive (paragraph [0069]), between the first wall (20) and the second wall (30), wherein the openable side of the paper package is closed by material provided on the surface of the tab to form the adhesive stripe (150) of the package (Fig. 3), and wherein the longitudinal edge of the tab facing the interior of the package constitutes the fibre rip stopper (120, 170; Fig. 3).
Regarding claim 16, Beelen disclose arranging at least one tab of the fibre rip stopper (120, 170) made of paper or fibre material (paragraph [0053]) and comprising pressure sensitive adhesive (double sided tape; paragraphs [0069]-[0070]; and considered to be “compostable or recyclable” to the same degree as disclosed and claimed) on its first planar surface and heat-sealable or ultrasonically sealable material (pressure sensitive adhesive 150 carried on backing layer 155; paragraph [0041]) on its second planar surface, by means of the adhesive on the first planar surface to the first wall (20) or the second wall (30) of the paper package (Fig. 7), between the first wall (20) and the second wall (30), wherein at least part of the heat-sealable or ultrasonically sealable material of the second planar surface constitutes the adhesive stripe (150) of the package, and the longitudinal edge of the tab, facing the inner part of the package, constitutes the fibre rip stopper (120, 170; Fig. 7).
Regarding claim 17, Beelen discloses gluing (via double sided tape; paragraphs [0069]-[0070]) two tabs of paper or fibre material (120, 170), the first one (120) onto the first wall (20) of the paper package and the second one (170) onto the second wall (30) of the paper package, wherein the adhesive stripe (150) is formed between the tabs (Fig. 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.” A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 714.02 and MPEP 2163.06. The “disclosure” includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JES F PASCUA whose telephone number is (571)272-4546. The examiner can normally be reached M-F; 9:00 am - 5:00 pm.
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/JES F PASCUA/Primary Examiner, Art Unit 3734