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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 24, 2026 has been entered.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fish et al. (US 2011/0044566 A1, hereinafter Fish).
Regarding claim 1, Fish teaches a bag component for a product, the bag component comprising a first plastic film (102) and a second plastic film (104), the first plastic film and the second plastic film being placed on top of each other,
wherein a product space is delimited by mutually opposite sides of the first plastic film and the second plastic film and a boundary,
wherein the first plastic film and the second plastic film are joined to each other along a first portion (110, 112, 114) of the boundary,
wherein the first plastic film and the second plastic film are not directly joined to each other to form a reception space (124) for the product and/or an insert component along a second portion (120, 122) of the boundary, and
wherein:
at least one of the first plastic film and the second plastic film comprises at least one recess (140, 142,144 and the like) in or adjacent to the second portion of the boundary and at a location where the first plastic film and the second plastic film are not directly joined to each other (FIG. 1-4, 20, 21, 25-33), and
the mutually opposite sides of the first plastic film and the second plastic film forming the product space do not include any recesses (FIG. 1) (paragraphs 48-59, 62-64, 69-82, 85-91 and FIG. 1-4, 20, 21, 25-33).
Regarding claim 2, Fish teaches the bag component of claim 1 above, wherein the at least one recess is cup-shaped (FIG. 21, 27-33).
Regarding claim 3, Fish teaches the bag component of claim 1 above, wherein the at least one recess is grid-shaped (FIG. 21).
Regarding claim 4, Fish teaches the bag component of claim 1 above, wherein the at least one recess comprises a plurality of recesses in or adjacent to the second portion of the boundary (FIG. 1-4, 20, 21, 25-33).
Regarding claim 5, Fish teaches the bag component of claim 4 above, wherein the plurality of recesses form a regular pattern or an irregular patter (FIG. 1-4, 20, 21, 25-33).
Regarding claim 6, Fish teaches the bag component of claim 4 above, wherein all of the plurality of recesses have a same geometry (FIG. 1, 20, 28-31).
Regarding claim 7, Fish teaches the bag component of claim 4 above, wherein at least two of the plurality of recesses have a different geometry (FIG. 26, 27, 32, 33).
Regarding claim 8, Fish teaches the bag component of claim 4 above, wherein adjacent recesses of the plurality of recesses are spaced from one another (FIG. 21, 27, 29, 31, 33).
Regarding claim 9, Fish teaches the bag component of claim 4 above, wherein the first plastic film and the second plastic film each comprise at least one of the plurality of recesses in or adjacent to the second portion of the boundary (FIG. 1, 21, 27, 29, 31, 33).
Claims 1, 2, 4-6 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muth (WO 2007/088026 A1).
Regarding claim 1, Muth teaches a bag component for a product, the bag component comprising a first plastic film (120) and a second plastic film (130), the first plastic film and the second plastic film being placed on top of each other (Fig. 2-6),
wherein a product space is delimited by mutually opposite sides of the first plastic film and the second plastic film and a boundary (Fig. 2),
wherein the first plastic film and the second plastic film are joined to each other along a first portion (230) of the boundary,
wherein the first plastic film and the second plastic film are not directly joined to each other to form a reception space for the product and/or an insert component along a second portion (240) of the boundary, and
wherein:
at least one of the first plastic film and the second plastic film comprises at least one recess (355, 385) in or adjacent to the second portion of the boundary and at a location where the first plastic film and the second plastic film are not directly joined to each other (Fig. 6), and
the mutually opposite sides of the first plastic film and the second plastic film forming the product space do not include any recesses (Fig. 2) (Translation and Fig. 2-6).
Regarding claim 2, Muth teaches the bag component of claim 1 above, wherein the at least one recess is cup-shaped (Fig. 6).
Regarding claim 4, Muth teaches the bag component of claim 1 above, wherein the at least one recess comprises a plurality of recesses in or adjacent to the second portion of the boundary (Fig. 2-6).
Regarding claim 5, Muth teaches the bag component of claim 4 above, wherein the plurality of recesses form a regular or irregular pattern (Fig. 2-6).
Regarding claim 6, Muth teaches the bag component of claim 4 above, wherein all of the plurality of recesses have a same geometry (Fig. 2-6).
Regarding claim 8, Muth teaches the bag component of claim 4 above, wherein adjacent recesses of the plurality of recesses are spaced from one another (Fig. 2-6).
Regarding claim 9, Muth teaches the bag component of claim 4 above, wherein the first plastic film and the second plastic film each comprise at least one of the plurality of recesses in or adjacent to the second portion of the boundary (Fig. 2-6).
Regarding claim 10, Muth teaches the bag component of claim 1 above, wherein said insert component (210, 250, 150, 155) is arranged in the reception space and fixed to the first plastic film and/or the second plastic film (Translation and Fig. 2-6).
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.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Muth, as applied to claim 1 above, in view of Balteau et al. (US 5,431,496 A, hereinafter Balteau).
Regarding claim 16, Muth teaches the bag component of claim 1 above, but fails to teach the first plastic film and the second plastic film being bonded to each other in the product space to define a plurality of product chambers within the product space.
Balteau teaches an analogous bag component for a product comprising first and second films, wherein a product space is delimited by mutually opposite sides of the first plastic film and the second plastic film and a boundary. Balteau further teaches that it is known and desirable in the prior art to bond (22, 58) the first and second plastic film to each other in the product space to define a plurality of product chambers within the product space for enabling housing, mixing and dispensing of a plurality of products from a single bag component (column 2 line 10-column 5 lines 37 and FIG. 1-5).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Muth by bonding the first plastic film and the second plastic film to each other in the product space to define a plurality of product chambers within the product space, as taught by Balteau, for enabling housing, mixing and dispensing of a plurality of products from a single bag component.
Response to Arguments
Applicant’s arguments filed August 24, 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST.
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/NINA K ATTEL/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
