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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the seal part (3) having a portion with a smaller width in an unsealing direction (from upper edges 1b, 2b toward 1c, 2c) at which the seal part crosses the unsealing device (9) than a width in the unsealing direction of a portion, at which the seal part does not cross the unsealing device (claim 1), and the at least one second cutting line (72) in contact with the seal part (3) at a portion other than a portion at which the seal part crosses the unsealing device (claim 1) must be shown or the features canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 3, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Document No. 2022-119130 to Miyazaki et al. (hereinafter Miyazaki).
Regarding claim 1, Miyazaki discloses a wrapping bag for food such as a sandwich, comprising:
two films (10, 1) that are overlapped to each other and sealed together along their opposite lateral edges (3A, 3B);
a seal part (2A, 2B) formed by sealing the two films between the opposite lateral edges in a vicinity of one longitudinal edges of the two films;
a header part (4A, 4B) formed between the one longitudinal edges of the two films and the seal part;
a cutting line (defining 7; machine translation paragraph [0030]), from which opening of the wrapping bag is started, being formed in the header part of one of the two films;
an opening formed in the opposite longitudinal edges of the two films that are not sealed together (machine translation paragraph [0029]);
a housing part (bag body) surrounded by the opening, the opposite lateral edges sealed together, and the seal part, of the two films (machine translation paragraph [0029]); and
an unsealing device (portion of cut tape 6 between slits 6A, and extending longitudinally along cut tape 6; Fig. 5) that is provided in the one film to extend from a vicinity of the cutting line to a vicinity of the opening while crossing the seal part (Figs. 2 and 4);
wherein the cutting line comprises a first cutting line (7A) having both ends extending toward the edges of the opposite longitudinal end and being projected toward the edges of the one longitudinal end to form a tab (7), and second cutting lines (6B) extending toward the lateral edges (Fig. 6);
the seal part has a wave-shaped portion (Fig. 2), wherein the wave-shaped portion of the seal part has a smaller width in an unsealing direction at which the seal part crosses the unsealing device (portion of cut tape 6 between slits 6A, and extending longitudinally along cut tape 6; Fig. 5) than a width in the unsealing direction of a portion, at which the seal part does not cross the unsealing device; and
the second cutting lines (6B) are located in contact with the seal part at a portion other than a portion at which the seal part crosses the unsealing device (Fig. 2).
Regarding claim 3, Miyazaki discloses the two films (10, 1) each are formed into a trapezoid shape to have a narrower longitudinal end and a wider longitudinal end, the header part is provided on the narrower longitudinal end, and the opening is provided on the wider longitudinal end (Figs. 1 and 3).
Regarding claim 4, Miyazaki discloses the opposite ends on the opposite longitudinal edges of the two films are cut out to have cutout with a narrower distance between the opposite lateral edges of the two films (Figs. 1 and 3).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Japanese Document No. 2022-119130 to Miyazaki et al. (hereinafter Miyazaki) and Taiwanese Document No. 201034910 to Fukuda (hereinafter Fukuda).
Regarding claim 5, Miyazaki discloses the claimed invention, especially the opposite ends on the opposite longitudinal edges of the two films being cut out to have cutout with a narrower distance between the opposite lateral edges of the two films, as discussed above regarding claim 4. However, Miyazaki does not disclose the cutouts each are formed in a continuous line of a circular-arc section on the side of a corresponding one of the lateral edges and a straight line section on the side of the opening. Fukuda teaches that it is known in the art to form cutouts (10) in a continuous line of a circular-arc section (10a) on a side of a corresponding one of lateral edges and a straight line section (10b) on a side of an opening in an analogous wrapping bag. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the cutouts in a continuous line of a circular-arc section on a side of a corresponding one of the lateral edges and a straight line section on a side of the opening in the wrapping bag of Miyazaki, as in Fukuda, in order to provide reduced overlapped portions of the film when the lower ed is folded to set the bottom.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-5 have been considered but are moot because of the new ground of rejection.
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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JES F PASCUA/Primary Examiner, Art Unit 3734
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