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
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 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.
Claim(s) 1-2, 4-15 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Forsblom et al. (AU 2020338696 B2; hereinafter Forsblom).
Regarding claims 1, 4-7, and 12, Forsblom discloses a bag comprising an envelope body that includes a first flexible wall (120), and a second flexible wall (130) overlying the first flexible wall and affixed to the first flexible wall about at least a portion of a pocket border (Page 20 lines 3-11, which pocket border encloses a pocket defined between the first and second flexile walls and configured and dimensioned to contain the item, at least one of the first and second flexible walls defining a pocket opening allowing access to the pocket from an exterior of the envelope for loading the item into the pocket; and a closure-sealing element (peel strip; Page 7 lines 6-20) disposed on the body and positioned to seal closed the pocket opening (127/137), the closure-sealing element being made of a hot-melt adhesive that: has a sufficiently low tackiness at room temperature to enable the closure-sealing element to be separated from the second flexible wall by hand and without damaging the first or the second flexible wall (Examiner notes that removal of the peel strip would not damage the first or second wall), and is activatable when heated to a temperature above an activation temperature and, when subsequently cooled to a temperature below the activation temperature, adheres to the second flexible wall to seal the pocket opening closed to retain the item in the pocket (Page 19 lines 9-30).
Regarding claims 2, 8-11, 13, and 15, Forsblom discloses an envelope wherein the hot-melt adhesive has a sufficiently low tackiness at room temperature to enable the closure-sealing element to be peeled from the second flexible wall (Page 7 lines 1-20).
Regarding claim 14, Forsblom discloses an envelope wherein the body further comprises a flap (129/134) connected to the first flexible wall; wherein the closure sealing element is disposed on the flap; and wherein the closure-sealing element is configured to seal closed the pocket opening by affixing the second flexible wall to the flap (see Figures 2a-e).
Regarding claim 18, Forsblom discloses an envelope comprising a plurality of the envelopes of claim 1 connected in series (Page 12 lines 20-23).
Allowable Subject Matter
Claims 16-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 01/02/2026 have been fully considered but they are not persuasive. Applicant contends that the prior art fails to disclose a closure-sealing element that can be separated from the second flexible wall by hand without damaging the first or the second flexible wall, as claimed.
-Given the broadest reasonable interpretation of the claims, Examiner considers a peel strip to be the “closure-sealing element” and it follows that a peel strip may be removed without damaging walls of a container.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN J 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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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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