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 § 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) 1-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hawkins (WO 1988/002339) in view of Perell et al (US 2023/0134697).
Regarding Claim 1, Hawkins discloses a seal bar (Fig. 2, "a pair of heat-sealing plates 21 and 22"; page 5 line 10-12) for sealing a pouch (Fig. 1, item 10), the seal bar comprising: a face (Fig. 2-3, "non-etched areas 25"; Page 6 line3-4), the face configured to apply heat to seal the pouch (Page 6 line 3-6); a cavity (Fig. 2-3, etched areas), the cavity configured to form a nozzle shape (Fig. 2-3, "spout 12") in the pouch; and a heating element, the heating element configured to heat the face (Page 5 line 15-18, "The backplate 23 may be heated by various well-known means such as embedded resistive elements and the like.").
However, Hawkins fails to explicitly disclose a seal dot, the seal dot configured to apply heat to the pouch. Regarding this difference, the applicant is directed to the reference of Perell.
Perell discloses a seal dot (Fig. 5, seal dots comprising at least seal 40; barrier 24b and 24c adjacent fluid outlet channel 20; see paragraph 0086-0088), the seal dot configured to apply heat to the pouch (paragraphs 0112-0113; "the bubble seal 41 can be made using thermal bonding, ultrasonic bonding, or an adhesive. The bubble seal 41 can be made by placing a heated sealing bar against the outer periphery of the bubble and exerting heat and pressure so as to form the breachable bubble 40. In this embodiment, the breachable bubble 40 can be made from polymer films. The breachable point 42 of the bubble seal 41 can also be made using different techniques and methods. When using a sealing bar to form the bubble seal 41, the breachable point 42 can be constructed by varying the pressure, varying the temperature, or varying the time in which the sealing bar is contacted with the materials along the portion of the bubble seal 41. The barrier member may be formed by welding or gluing the first flexible film 11 and the second flexible film 12 together at a location near the second end 22 of the fluid channel 20. See paragraph [0087].
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss. See Perell - paragraph [0076].
Regarding Claim 2, modified Hawkins discloses the seal bar of claim 1, wherein the cavity comprises a recessed area (Page 5 line 17-22; "Area 24 of the working face of each backplate which corresponds to the liquid-holding pouch 13, the outlet 11 and the spout 12 indicated by stippling in Figure 2 has been etched to a depth of a few millimeters.") in the face.
Regarding Claim 3, modified Hawkins discloses the seal bar of claim 1. Hawkins fails to explicitly disclose wherein the seal dot is located within the cavity. Perell teaches wherein the seal dot (Fig. 5, seal dots comprising at least seal 40; barrier 24b and 24c adjacent fluid outlet channel 20; see paragraph 0086-0088) is located within the cavity (recessed portion of sealing bar that forms portion 15 and outlet channel 20 of pouch).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss. See Perell - paragraph [0076].
Regarding Claim 4, modified Hawkins discloses the seal bar of claim 3. Hawkins fails to explicitly disclose wherein the seal dot comprises a raised area within the cavity. Perell teaches a sealing bar (paragraphs 0087 and 0112-0113) with corresponding raised shape features within the cavity configured to form the sealing dots (Fig. 5, seal dots comprising at least seal 40; barrier 24b and 24c adjacent fluid outlet channel 20; see paragraph 0086-0088) as would be understood to persons of ordinary skill in the art.
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide "an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss." (Perell, Paragraph 0076)
Regarding Claim 5, modified Hawkins discloses the seal bar of claim 1. Hawkins fails to explicitly disclose wherein the seal dot is configured to seal a central portion of the nozzle shape in the pouch. Perell teaches wherein the seal dot is configured to seal a central portion of the nozzle shape in the pouch (Fig. 5, seal dots comprising at least seal 40; barrier 24b and 24c adjacent fluid outlet channel 20; see paragraph 0086-0088).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss. See Perell - paragraph [0076].
Regarding Claim 6, modified Hawkins discloses the seal bar of claim 1, wherein the seal bar further comprises a plug opening (Fig. 3, respective bores for receiving inserts 33 and 34).
Regarding Claim 7, modified Hawkins discloses the seal bar of claim 6, wherein the plug opening comprises an opening within the cavity (Fig. 3, respective bores for receiving inserts 33 and 34 are formed within the etched areas shown in Fig. 2-3).
Regarding Claim 8, modified Hawkins discloses the seal bar of claim 6, wherein the seal bar further comprises a plug (Fig. 3, inserts 33 or 34) that is interchangeably (Fig. 3, see threaded fastener attaching plug to seal bar) placed within the plug opening within the cavity of the seal bar. Hawkins fails to explicitly disclose wherein the seal dot is located on the plug.
Perell teaches wherein the seal dot (Fig. 5, seal dots comprising at least seal 40; barrier 24b and 24c adjacent fluid outlet channel 20; see paragraph 0086-0088) are formed adjacent fluid outlet channel of the pouch in order to provide an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss. See paragraph [0076].
Hawkins and Perell fail to explicitly discloses where the seal dot is located on the plug. However, it would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell to include where the seal dot is located on the plug. The motivation would have been to provide an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it
has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss. See Perell - paragraph [0076] and to provide the ability to easily change plugs and corresponding seal dot configurations in the sealing bar face.
Regarding Claim 9, modified Hawkins discloses the seal bar of claim 8, wherein the plug is configured to be interchangeably placed within the plug opening within the cavity (Fig. 3, see threaded fasteners attaching plugs to seal bar).
Regarding Claim 10, modified Hawkins discloses the seal bar of claim 1. Hawkins fails to explicitly disclose wherein the seal dot is square in shape. Perell teaches wherein the seal dot is square in shape (Paragraph 0125; "In the embodiments illustrated, the breachable bubble 40 has a circular shape. It should be understood, however, that the breachable bubble 40 can have any suitable shape. For example, in other embodiments, the breachable bubble 40 may have an oval shape, may be triangular, may have a heart-like shape, may have a rectangular-like shape, or may have a more complex configuration." and (Paragraph 0171); " the barrier member can have any suitable shape, such as rectangular, square, or a complex shape.".)
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide "an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss." (Perell, Paragraph 0076)
Regarding Claim 11, modified Hawkins discloses the seal bar of claim 1. Hawkins fails to explicitly disclose wherein the seal dot is triangular in shape. Perell teaches wherein the seal dot is triangular in shape (Paragraph 0125; "In the embodiments illustrated, the breachable bubble 40 has a circular shape. It should be understood, however, that the breachable bubble 40 can have any suitable shape. For example, in other embodiments, the breachable bubble 40 may have an oval shape, may be triangular, may have a heart-like shape, may have a rectangular-like shape, or may have a more complex configuration." and (Paragraph 0171); " the barrier member can have any suitable shape, such as rectangular, square, or a complex shape.".)
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide "an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss." (Perell, Paragraph 0076)
Regarding Claim 12, modified Hawkins discloses the seal bar of claim 1. Hawkins fails to explicitly disclose wherein the seal dot is oval in shape. Perell teaches wherein the seal dot is oval in shape (Paragraph 0125; "In the embodiments illustrated, the breachable bubble 40 has a circular shape. It should be understood, however, that the breachable bubble 40 can have any suitable shape. For example, in other embodiments, the breachable bubble 40 may have an oval shape, may be triangular, may have a heart-like shape, may have a rectangular-like shape, or may have a more complex configuration." and (Paragraph 0171); " the barrier member can have any suitable shape, such as rectangular, square, or a complex shape.".)
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide "an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss." (Perell, Paragraph 0076)
Regarding Claim 13, modified Hawkins discloses the seal bar of claim 1. Hawkins fails to explicitly disclose wherein the seal dot is circular in shape. Perell teaches wherein the seal dot is circular in shape (Paragraph 0125; "In the embodiments illustrated, the breachable bubble 40 has a circular shape. It should be understood, however, that the breachable bubble 40 can have any suitable shape. For example, in other embodiments, the breachable bubble 40 may have an oval shape, may be triangular, may have a heart-like shape, may have a rectangular-like shape, or may have a more complex configuration." and (Paragraph 0171); " the barrier member can have any suitable shape, such as rectangular, square, or a complex shape.".)
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide "an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss." See Perell - paragraph [0076].
Regarding Claim 14, modified Hawkins discloses the seal bar of claim 1. Hawkins fails to explicitly disclose wherein the seal dot is linear in shape. Perell teaches wherein the seal dot is linear in shape (Fig. 5, seal dots comprising at least seal 40; linear barriers 24b and 24c adjacent fluid outlet channel 20; see paragraph 0086-0088).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss. See Perell, paragraph [0076].
Regarding Claim 15, modified Hawkins discloses the seal bar of claim 1.
Hawkins fails to explicitly disclose wherein the seal bar comprises at least two seal dots. Perell teaches wherein the seal bar comprises at least two seal dots (Fig. 5, seal dots comprising at least seal 40; linear barriers 24b and 24c adjacent fluid outlet channel 20; see paragraph 0086-0088).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Perell. The motivation would have been to provide "an easy to open package which can be made simply and inexpensively, which prevents unwanted spilling of its contents. The package may be used and reused multiple times after it has been opened, transforming a single use container to a multi-use container. The package also reduces product waste and loss." (Perell, Paragraph 0076)
Regarding Claim 20, modified Hawkins discloses the seal bar of claim 1, wherein the heating element distributes heat evenly across the face of the seal bar (See Page 5 line 10 to Page 6 line 6; "Figure 2 illustrates the working face of the upper part of a pair of heat-sealing plates 21 and 22. Each plate is preferably made of a highly heat-conductive metal which, as shown in Figure 3 is bonded to a backplate
23. The backplate acts as a heat distributing element. The backplate 23 may be heated by various well-known means such as embedded resistive elements and the like. Area 24 of the working face of each backplate which corresponds to the liquid-holding pouch 13, the outlet 11 and the spout 12 indicated by stippling in Figure 2 has been etched to a depth of a few millimeters. When two overlaid sheets of eight-syllable material are pressed together between two of such plates where the working - face of each plate is a mirror image of the other, the non-etched areas 25 of the plates by a combination of heat pressure cause a sharply delineated adherence of the two sheets thus forming the edge and upper part of the pouch 13.").
4. Claim(s) 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hawkins (WO 1988/002339) in view of Perell et al (US 2023/0134697) as described above in further view of Basque (US Patent 6,656,310).
Regarding Claim 16, modified Hawkins discloses the seal bar of claim 1.
Hawkins fails to explicitly disclose wherein the heating element comprises a heating rod. Basque teaches wherein the heating element comprises a heating rod (Fig. 2 and 3A; heating rod 32 is inserted into bore 31 of each sealing jaw assembly 19 and 19'.)
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Basque. The motivation would have been "to form a perfect seal for the juxtaposed sealable sheet material." (Basque; Col. 5 line 17-25)
Regarding Claim 17, modified Hawkins discloses the seal bar of claim 16.
Hawkins fails to explicitly disclose wherein the seal bar comprises an opening configured to contain the heating rod. Basque teaches wherein the seal bar comprises an opening (Fig. 2 and 3A, bore 31) configured to contain the heating rod (Fig. 2 and 3A; heating rod 32 is inserted into bore 31 of each sealing jaw assembly 19 and 19'.)
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Basque. The motivation would have been "to form a perfect seal for the juxtaposed sealable sheet material." (Basque; Col. 5 line 17-25)
Regarding Claim 18, modified Hawkins discloses the seal bar of claim 17.
Hawkins fails to explicitly disclose wherein the heating rod is configured to transfer heat to the face of the seal bar through the opening. Basque teaches wherein the heating rod is configured to transfer heat to the face of the seal bar through the opening (Fig. 2 and 3A; heating rods 32 are inserted into bores 31 of each sealing jaw assembly 19 and 19' and configured to heat the face of each sealing jaw.)
It would have been obvious to one of ordinary skill in the art before the priority date to modify Hawkins with the teaching of Basque. The motivation would have been "to form a perfect seal for the juxtaposed sealable sheet material." (Basque; Col. 5 line 17-25).
Regarding Claim 19, modified Hawkins discloses the seal bar of claim 16.
Hawkins fails to explicitly disclose wherein a distance between the heating rod and the seal dot is adjustable. However, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide a sealing bar assembly wherein a distance between the heating rod and the seal dot is adjustable, since the provision of adjustability where needed involves only routine skill in the art. The motivation for doing so would have been to suitably adapt the heat transfer characteristics of the sealing jaw to suit the requirements of different synthetic sheet materials. (Page 8 line 3-21; Hawkins discloses that the bonding of two layers of a given synthetic material is dependent on a combination of three parameters: heat, pressure, and dwell time.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES D SELLS whose telephone number is (571)272-1237. The examiner can normally be reached M-Th 8:30-5.
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JAMES D. SELLS
Primary Examiner
Art Unit 1745
/JAMES D SELLS/Primary Examiner, Art Unit 1745