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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 06/19/2026 is acknowledged.
Claims 9-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/20/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claims Status
Claims 1-26 are pending with claims 1-8 being examined, claims 9-26 are withdrawn.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jalenques (US 20190009193 A1; hereinafter “Jalenques), in view of (Applicant’s admitted prior art; hereinafter “AAPA”).
Regarding claim 1, Jalenques teaches a filter sampling bag (Jalenques; Title) to be used in a mixer for the preparation of samples to permit analyses and/or microbiological tests. Jalenques teaches a filter sampling bag and what the filter sampling bag is used for is a matter of intended use, wherein the sampling bag is formed of plastic material (Jalenques; [0049]), wherein the sampling bag has a bottom (Jalenques; fig. 1. 6), side walls (Jalenques; fig. 1. 3), a mouth opening (Jalenques; fig. 1. 5), and a height (Jalenques; [0049] “walls that span from top to bottom”), the height is implied as the distance from top to bottom of the bag), wherein the sampling bag is compartmentalized by a filtering partition (Jalenques; fig. 1. 12) delimiting a receiving chamber for a sample (Jalenques; fig. 1. 12) and a sampling chamber for permitting a taking of samples (Jalenques; fig. 1. 12).
Jalenques fails to teach wherein the sampling bag is marked with a visual indicator of a correct, predetermined fold position of a fold line for closure of the sampling bag after mixing, and wherein the visual indicator is placed at a distance from the mouth opening to establish a correct folded sampling bag height HF after mixing.
However Applicant’s admitted prior art (AAPA) teaches a sampling bag (AAPA; fig. 1. 1) that is marked with a visual indicator of a correct, predetermined fold position of a fold line (AAPA; fig. 3. 19) for closure of the sampling bag (AAPA; fig. 4. 19) after mixing, and wherein the visual indicator is placed at a distance from the mouth opening to establish a correct folded sampling bag height HF after mixing (AAPA; fig. 1. 19).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Jalenques’ filter sampling bag to include a visual indicator of a correct, predetermined fold position of a fold line for closure of the sampling bag after mixing, and wherein the visual indicator is placed at a distance from the mouth opening to establish a correct folded sampling bag height HF after mixing as taught by AAPA because AAPA teaches a sampling bag (AAPA; fig. 1. 1) that is marked with a visual indicator of a correct, predetermined fold position of a fold line (AAPA; fig. 3. 19) for closure of the sampling bag (AAPA; fig. 4. 19) after mixing, and wherein the visual indicator is placed at a distance from the mouth opening to establish a correct folded sampling bag height HF after mixing (AAPA; fig. 1. 19).
Providing a visual indicator to fold the bag at the fold line avoids spilling material (Applicants [0050] description related to prior art figure 3).
Regarding claim 2, modified Jalenques teaches the filter sampling bag of claim 1 (see above) to include a visual indicator of a fold position of the fold line for closure of the sampling bag (see above).
Modified Jalenques fails to teach wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the bag plus or minus 5% of the height of the sampling bag to establish a correct folded sampling bag height HF after mixing that is equal to approximately two thirds of the height of the sampling bag.
However Applicant’s admitted prior art (AAPA) teaches a sampling bag (AAPA; fig. 1. 1) that includes a visual indicator (AAPA; fig. 3. 19) wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the bag plus or minus 5% of the height of the sampling bag to establish a correct folded sampling bag height HF after mixing that is equal to approximately two thirds of the height of the sampling bag (AAPA; fig. 3. 19)
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Jalenques’ visual indicator of a fold position of the fold line for closure of the sampling bag to be at a distance from the mouth opening equal to one third of the height of the bag plus or minus 5% of the height of the sampling bag to establish a correct folded sampling bag height HF after mixing that is equal to approximately two thirds of the height of the sampling bag as taught by AAPA because AAPA teaches a sampling bag (AAPA; fig. 1. 1) that includes a visual indicator (AAPA; fig. 3. 19) wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the bag plus or minus 5% of the height of the sampling bag to establish a correct folded sampling bag height HF after mixing that is equal to approximately two thirds of the height of the sampling bag (AAPA; fig. 3. 19).
The modification allows having a fold line at a proper height to prevent spills (Applicants; [0050] referring to the prior art).
Regarding claim 3, modified Jalenqueds teaches the filter sampling bag of claim 2 (see above) to include a visual indicator of the fold position of the fold line for closure of the sampling bag (see above).
Modified Jalenques fails to teach wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the sampling bag.
However Applicant’s admitted prior art (AAPA) teaches a sampling bag (AAPA; fig. 1. 1) that includes a visual indicator (AAPA; fig. 3. 19) wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the sampling bag (AAPA; fig. 3. 4, 19).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Jalenques’ visual indicator of the fold position of the fold line for closure of the sampling bag to be disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the sampling bag as taught by AAPA because AAPA teaches a sampling bag (AAPA; fig. 1. 1) that includes a visual indicator (AAPA; fig. 3. 19) wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the sampling bag (AAPA; fig. 3. 4, 19).
The modification allows having a fold line at a proper height to prevent spills (Applicants; [0050] referring to the prior art).
Regarding claim 4, modified Jalenques teaches the filter sampling bag of claim 1 (see above) wherein the filtering partition has an impregnated surface (Jalenques; fig. 1. 2 shows what appears to be an impregnated surface shown by diagonal lines which look different than the dots which appears to be the filter pores) with a cut-off threshold of approximately 280 microns (Jalenques; [0051]).
Regarding claim 5, modified Jalenques teaches the filter sampling bag of claim 1 (see above) to include a visual indicator of the fold position of the fold line for closure of the sampling bag (see above).
Modified Jalenques fails to teach the visual indicator of the fold position of the fold line for closure of the sampling bag comprises a distinct line that traverses laterally across at least one of the side walls of the sampling bag.
However Applicant’s admitted prior art (AAPA) teaches a sampling bag (AAPA; fig. 1. 1) that includes a visual indicator (AAPA; fig. 3. 19) wherein the visual indicator of the fold position of the fold line for closure of the sampling bag comprises a distinct line that traverses laterally across at least one of the side walls of the sampling bag (AAPA; fig. 3. 19).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Jalenques’ visual indicator of the fold position of the fold line for closure of the sampling bag to include a distinct line that traverses laterally across at least one of the side walls of the sampling bag as taught by AAPA because AAPA teaches a sampling bag (AAPA; fig. 1. 1) that includes a visual indicator (AAPA; fig. 3. 19) wherein the visual indicator of the fold position of the fold line for closure of the sampling bag comprises a distinct line that traverses laterally across at least one of the side walls of the sampling bag (AAPA; fig. 3. 19).
The modification allows to fold the bag at the correct predetermined fold position to prevent leakage (Applicants; [0058] referring to the prior art).
Regarding claim 7, modified Jalenques teaches the filter sampling bag of claim 1 (see above), further comprising a graduation on one of the side walls of the sampling bag wherein the graduation has a maximum graduation level (Jalenques; fig. 2. 28, 29)
Regarding claim 8, modified Jalenques teaches the filter sampling bag of claim 1 (see above) to include a visual indicator (see above).
Modified Jalenques fails to teach the sampling bag further has a sampling bag clamping line that is proximal to the visual indicator of the correct, predetermined fold position with respect to the bottom of the sampling bag wherein the sampling bag below the sampling bag clamping line presents a clamping height He of the sampling bag from the bottom of the sampling bag to the sampling bag clamping line that is less than the correct folded sampling bag height HF indicated by the visual indicator.
However Applicant’s admitted prior art (AAPA) teaches a sampling bag (AAPA; fig. 1. 1) that includes a visual indicator (AAPA; fig. 3. 19), wherein a sampling bag clamping line (AAPA; fig. 3. 15) that is proximal to the visual indicator of the correct, predetermined fold position with respect to the bottom of the sampling bag (AAPA; fig. 3. 19) wherein the sampling bag below the sampling bag clamping line presents a clamping height He of the sampling bag from the bottom of the sampling bag to the sampling bag clamping line (AAPA; fig. 3. 15) that is less than the correct folded sampling bag height HF indicated by the visual indicator (AAPA; fig. 3. 19 and fig. 4. 3.19).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Jalenques’ filter sampling bag with visual indicator to include a sampling bag clamping line that is proximal to the visual indicator of the correct, predetermined fold position with respect to the bottom of the sampling bag wherein the sampling bag below the sampling bag clamping line presents a clamping height He of the sampling bag from the bottom of the sampling bag to the sampling bag clamping line that is less than the correct folded sampling bag height HF indicated by the visual indicator as taught by AAPA because AAPA teaches a sampling bag (AAPA; fig. 1. 1) that includes a visual indicator (AAPA; fig. 3. 19), wherein a sampling bag clamping line (AAPA; fig. 3. 15) that is proximal to the visual indicator of the correct, predetermined fold position with respect to the bottom of the sampling bag (AAPA; fig. 3. 19) wherein the sampling bag below the sampling bag clamping line presents a clamping height He of the sampling bag from the bottom of the sampling bag to the sampling bag clamping line (AAPA; fig. 3. 15) that is less than the correct folded sampling bag height HF indicated by the visual indicator (AAPA; fig. 3. 19 and fig. 4. 3.19).
The modification allows to close the sampling bag at the clamping line with an otherwise form of a hermetic closure (Applicants; [0058] referring to the prior art).
Claim 6 is rejected under 35 U.S.C. 103 and is being unpatentable Jalenques (US 20190009193 A1; hereinafter “Jalenques), in view of (Applicant’s admitted prior art; hereinafter “AAPA”), further in view of Nasco Whirl-pak; hereinafter “Nasco”).
Regarding claim 6, modified Jalenques teaches the filter sampling bag of claim 1 (see above) to include a visual indicator of the fold line position of the fold line for closure (see above).
Modified Jalenques fails to teach the visual indicator of the fold line position of the fold line for closure comprises two distinct lines comprising a low line and a high line that traverse laterally across at least one of the side walls of the sampling bag.
However, Nasco teaches the analogous art of a sampling bag that includes a low line and a high line wherein both traverse laterally across one of the sidewalls (Nasco fig. 1).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Jalenques’ visual indicator of the fold line position of the fold line for closure to include two lines as taught by Nasco because Nasco teaches each corresponding line defines a volume (Nasco; fig.1).
The modification allows to have more than one internal volume.
Double Patenting
Claims 1-7 of this application is patentably indistinct from claims 1-6 and 24 of Application No.17/372,822. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-7 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-6 and 24 of copending Application No. 17/372,822. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Claim 1 of 17/372, 822 recites A filter sampling bag to be used in a mixer for the preparation of samples to permit analyses and/or microbiological tests, wherein the sampling bag is formed of plastic material, wherein the sampling bag has a bottom, side walls, a mouth opening, and a height, wherein the sampling bag is compartmentalized by a filtering partition delimiting a receiving chamber for a sample and a sampling chamber for permitting a taking of samples, wherein the sampling bag is marked with a visual indicator of a correct, predetermined fold position of a fold line for closure of the sampling bag after mixing, and wherein the visual indicator is placed at a distance from the mouth opening.
Instant claim 2 recites The filter sampling bag of claim 1, wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the bag plus or minus 5% of the height of the sampling bag to establish a correct folded sampling bag height HF after mixing that is equal to approximately two thirds of the height of the sampling bag.
Claim 2 of 17/372,822 The filter sampling bag of claim 1, wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the bag plus or minus 5% of the height of the sampling bag.
Instant claim 3 recites The filter sampling bag of claim 2, wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the sampling bag.
Claim 3 of 17/372,822 The filter sampling bag of claim 2, wherein the visual indicator of the fold position of the fold line for closure of the sampling bag is disposed on the sampling bag at a distance from the mouth opening equal to one third of the height of the sampling bag.
Instant claim 4 recites The filter sampling bag of claim 1, wherein the filtering partition has an impregnated surface with a pore size cut-off threshold of approximately 280 microns.
Claim 4 of 17/372,822 The filter sampling bag of claim 1, wherein the filtering partition has an impregnated surface with a cut-off threshold of approximately 280 microns.
Instant claim 5 recites The filter sampling bag of claim 1, wherein the visual indicator of the fold position of the fold line for closure of the sampling bag comprises a distinct line that traverses laterally across at least one of the side walls of the sampling bag.
Claim 5 of 17/372,822 The filter sampling bag of claim 1, wherein the visual indicator of the fold position of the fold line for closure of the sampling bag comprises a distinct line that traverses laterally across at least one of the side walls of the sampling bag.
Instant claim 6 recites The filter sampling bag of claim 1, wherein the visual indicator of the fold position of the fold line for closure of the sampling bag comprises two distinct lines comprising a low line and a high line that traverse laterally across at least one of the side walls of the sampling bag.
Claim 6 of 17/372,822 he filter sampling bag of claim 1, wherein the visual indicator of the fold position of the fold line for closure of the sampling bag comprises two distinct lines comprising a low line and a high line that traverse laterally across at least one of the side walls of the sampling bag.
Instant claim 7 recites The filter sampling bag of claim 1, further comprising a graduation on one of the side walls of the sampling bag wherein the graduation has a maximum graduation level.
Claim 24 of 17/372,822 recites The filter sampling bag of claim 1, further comprising a graduation on one of the side walls of the sampling bag wherein the graduation has a maximum graduation level.
Conclusion
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/A.R./Examiner, Art Unit 1798
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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