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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1 – 8) in the reply filed on April 17, 2026 is acknowledged.
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.
Claim(s) 1 – 2 & 4 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ricketts et al. (*WO 2021/011783 A1), in view of Mass (WO 2009/133422 A2).
*submitted by Applicant with IDS filed 5/10/2024
With regard to claim 1, Ricketts et al. (‘783) teach a bale wrap comprising a wrapping layer (160) (i.e., “a base layer”) composed of cotton (i.e., “natural material”) (paragraph [0042]) and an adhesive layer (162/189) for bonding a section of the wrap to another section of the wrap. Adhesive activation may activate only certain strips of the adhesive layer and/or only strips at certain locations along the length of the bale wrap (paragraph [0043] & Figs. 6 & 8 shown below). Adhesive layer forms blocks arranged in strips extending along portions of the widths and rows extending along portions of the length (paragraph [0049], Figs. 6 & 8, shown below) (i.e., a first section, second section, and a third section formed by strips of adhesive blocks). Certain blocks 189 of the adhesive layer (162 of Fig. 6 or 184 of Fig. 8) are activated in contact with another portion of the wrapping layer 182 of the bale wrap 180 (paragraph [0051]).
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In certain embodiments, the adhesive layer may only be disposed on an interior side of the wrapping layer (paragraph [0042]). Therefore, the adhesive layer on an interior side of the second section is configured to engage the first section, and the adhesive layer on an interior side of the third section is configured to engage the second section.
Ricketts et al. (‘783) do not teach the second section comprises a water-resistant membrane configured to block water penetration into the agricultural bale while the bale is wrapped around the agricultural bale.
Mass teaches a bale wrapping material comprising a base wrap material may comprise a web, a film, a breathable film, an adhesive tape, a netting, or a combination thereof, or other suitable wrapping materials that have two sides or surfaces. The breathable films include films that are impermeable to liquid water but permeable to water vapor (i.e., “water-resistant membrane”) that will effectively prevent external water from passing through the wrapping material and into the bale, while allowing water vapor to escape from the interior of the bale through the wrapping material (pgs. 4 – 5). The wrap comprises predefined, discrete, spaced adhesive areas (120/122) disposed on each of the opposite upper and lower surfaces of the wrapping material. The size and spacing of the discrete adhesive areas may be predetermine so that the adhesive areas contact any of the other adhesive areas on the other of the top or bottom surface (pg. 3 & Figs. 1B & 2 – 3 shown below).
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Therefore, based on the teachings of Mass, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to combine the base layer taught by Ricketts et al. (‘783) with a breathable film form of a water impermeable breathable film to prevent external water from passing through the wrapping material taught by Ricketts et al. (‘783) while also allowing water vapor to escape.
With regard to claim 2, Ricketts et al. (‘783) teach the wrapping comprises a wrapping layer (160) (i.e., “base layer”) composed of cotton (paragraph [0042]).
With regard to claim 4, as discussed above, Ricketts et al. (‘783) teach the wherein the bale wrap comprises a wrapping layer (i.e., “base layer”) forming at least a portion of the first section, a portion of the second section, and a portion of the third section (Figs. 6 & 8 above). Mass teaches a base wrap comprising a combination of a web or film and a breathable film that is a water impermeable film (i.e., “the water-resistant membrane of the second section is coupled to the base layer). Ricketts et al. teach the adhesive layer is disposed on the wrapping layer (i.e., “base layer”).
With regard to claim 5, Ricketts et al. (‘783) teach the wrapping comprises a wrapping layer (160) (i.e., “base layer”) composed of cotton (paragraph [0042]).
With regard to claim 6, Mass does not limit how the web/film and the breathable film (i.e., water-resistant membrane) are positioned relative to each other to form the base wrap material (130). In other words, the web/film and the breathable film are laminated, and adhesive layers (120/124) are applied to both sides, such that wherein the breathable film (i.e., “water-resistant membrane) is positioned on an opposite side of the web/film (i.e., “base layer”) from the adhesive (120) and the adhesive (122) is positioned on an opposite side of the breathable film (i.e., “water-resistant membrane”) from the web/film (i.e. “base layer”) (Figs. 1B & 2 above).
With regard to claim 7, Ricketts et al. (‘783) do not teach the first, second, and third sections form a first set (88’) of sections, the bale wrap comprises a second set (90’) of sections, and the first and second set of sections are coupled to one another by a weakened section configured to break during a process of wrapping the agricultural bale with the bale wrap.
Mass teaches the roll of wrapping material may be manufactured in an endless continuity. A plurality of wrapping units (150) (i.e., “first and second sets of sections”), wherein each of said plurality of wrapping units comprises a predetermined length of base wrapping material (110) that extends in a longitudinal direction and ends with a leading edge (152) at one end thereof and a trailing edge (154). Each unit comprises a base wrapping material, film, breathable film, or combination thereof, and plurality of discrete spaced adhesive areas. Each connection point between leading edge (152) and means (156) which also comprises a separation or disconnection means (156) which allows each unit to separate or disconnect (i.e., “break”) from the continuous roll during a wrap cycle (i.e., “process of wrapping the agricultural bale with the bale wrap”) (pg. 6).
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Therefore, based on the teachings of Mass, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to adjust the length of the continuous wrapping material taught by Rickets et al. (‘783) as desired by incorporating weakened sections in the wrap material that configured to break during a wrap cycle (wrapping process).
With regard to claim 8, as shown in Figs. 6 & 8 above, Ricketts et al. (‘783) teach the first section comprises an adhesive. In certain embodiments, the adhesive layer may only be disposed on an interior side of the wrapping layer (paragraph [0042]). Therefore, adhesive layer on an interior side of the first section is configured to be positioned between the cotton base layer (i.e., “one or more natural materials”) of the first section and the agricultural bale while the bale wrap is wrapped around the agricultural bale. Furthermore, the adhesive layer on an interior side of the second section is configured to engage the first section, and the adhesive layer on an interior side of the third section is configured to engage the second section.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ricketts et al. (‘783) and Mass, as applied to claim 1 above, and further in view of Ricketts et al. (WO 2021/011770 A1).
With regard to claim 3, Ricketts et al. (‘783) and Mass do not teach the first section is coupled to the second section by a first stitched connection, and the second section is coupled to the third section by a second stitched connection.
Ricketts et al. (‘770) teach a bale wrapping system wherein a first portion of a wrapping material and a second portion of a wrapping material are overlapping, wherein overlapping portions are coupled to each other via stitches by a sewing system. In addition to the sewing system, other types of coupling system may be utilized to secure the portions of the wrapping material, such as adhesive connections (paragraph [0049]). The overlapping portions of the flexible material are sewn together, thereby securing the flexible material onto the bale to reduce distortion of the shape of the bale and maintain the shape and quantity of the crop material in the bale (paragraphs [0019] & [0049]).
Therefore, based on the teachings of Ricketts et al. (‘770), it would have been obvious to one of ordinary skill in the art prior to the effective filing date to couple the first section of a bale wrapping material to a second section (and the second section coupled to the third section) via the combination of adhesive and stitches to secure the flexible bale wrapping material onto the bale to reduce distortion of the shape of the bale and maintain the shape and quantity of the crop material in the bale.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE T GUGLIOTTA whose telephone number is (571)270-1552. The examiner can normally be reached M - F (9 a.m. to 10 p.m.).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE T GUGLIOTTA/Examiner, Art Unit 1781
/FRANK J VINEIS/Supervisory Patent Examiner, Art Unit 1781
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