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 Species 1, Figures 1-7D in the reply filed on 1/21/2026 is acknowledged.
Claims 10-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/21/2026.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumazawa et al. (JP S 60-13370U, hereinafter ‘Kumazawa’).
Kumazawa discloses a spout pouch comprising: a pouch main body (1); and a spout (4) attached to the pouch main body, wherein the pouch main body includes: a spout attachment film to which the spout is attached (front face of 1 shown in Fig. 1); and a side film connected to the spout attachment film by a connection seal formed on both sides of the spout attachment film in a transverse direction (connection seal 2), the spout attachment film includes a flange facing region where a flange of the spout faces the spout attachment film (see Fig. 2), the pouch main body includes a shape control sealing portion (seal 5, 5’)) formed by fusing a portion of the spout attachment film positioned inward of the connection seal in the transverse direction and the side film (see Figs. 1, 3), and the shape control sealing portion includes a portion positioned in a region between the flange facing region and the connection seal in the transverse direction (see Figs. 1, 3).
Kumazawa further discloses the spout is attached at a position, among a first side and a second side in a longitudinal direction, closer to the second side than to a center of the spout attachment film in the longitudinal direction, the flange facing region includes: a first facing region that is a portion closer to the first side than a center of the flange facing region in the longitudinal direction; and a second facing region that is a portion closer to the second side than the center of the flange facing region in the longitudinal direction, and the pouch main body includes, as the shape control sealing portion, a first shape control sealing portion including a portion positioned in a region between the first facing region and the connection seal in the transverse direction (upper portion/spout 3 and seal 5 right side shown in Figs. 1, 3); the first shape control sealing portion further includes a portion positioned in a region between the second facing region and the connection seal in the transverse direction (upper portion/spout 3 and seal 5 right side shown in Figs. 1, 3); the pouch main body further includes, as the shape control sealing portion, a second shape control sealing portion formed by fusing a portion of the spout attachment film positioned inward of the connection seal in the transverse direction and the side film at a position closer to the second side than the first shape control sealing portion in the longitudinal direction, and the second shape control sealing portion includes a portion positioned in a region between the second facing region and the connection seal in the transverse direction (upper portion/spout 3 and seal 5 left side shown in Figs. 1, 3); each of the first shape control sealing portion and the second shape control sealing portion includes an innermost top portion positioned on an innermost side in the transverse direction, and a transverse direction dimension from the connection seal to the innermost top portion of the first shape control sealing portion is set to be equal to or greater than a transverse direction dimension from the connection seal to the innermost top portion of the second shape control sealing portion (upper portion/spout 3 and seals 5 shown in Figs. 1, 3 are equi-distant).
Kumazawa further discloses an end portion on the second side of the first shape control sealing portion in the longitudinal direction is set at a position lateral of the flange facing region in the transverse direction (upper portion/spout 3 and seal 5 right side shown in Figs. 1, 3); the spout is attached at a position, among a first side and a second side in a longitudinal direction, closer to the second side than to a center of the spout attachment film in the longitudinal direction, the flange facing region includes: a first facing region that is a portion closer to the first side than a center of the flange facing region in the longitudinal direction; and a second facing region that is a portion closer to the second side than the center of the flange facing region in the longitudinal direction, and the pouch main body includes, as the shape control sealing portion, a second shape control sealing portion including a portion positioned in a region between the second facing region and the connection seal in the transverse direction (upper portion/spout 3 and seals 5 shown in Figs. 1, 3); the shape control sealing portion is formed on both sides with the flange facing region interposed therebetween (upper portion/spout 3 and seal 5 left side shown in Figs. 1, 3); the shape control sealing portion is formed continuously with the connection seal (upper portion/spout 3 and seal 5 left side shown in Figs. 1, 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PETER N HELVEY/Primary Examiner, Art Unit 3734
March 30, 2026
Prosecution Insights