DETAILED ACTION
Status of Application
Applicant’s arguments filed on December 11, 2025 have been fully considered but they are not persuasive. The previous claim objections and 112 rejections have been withdrawn in light of Applicant’s amendments. Claims 1, 2, 5 and 6 have been amended. Claims 3 and 4 have been cancelled. Claims 1, 2, 5 and 6 remain pending in the application.
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
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.
Claims 1, 2, 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Namba (WO 2016/163349 A1) in view of Kasai (JP 11-292158 and Translation) and Yodo (JP 2009-269640 A and Translation).
Regarding claim 1, Namba teaches a zipper-attached packaging bag, comprising:
a bag body (1) in which inner surfaces of a first packaging film and a second packaging film (11A, 11B) overlap each other and peripheral edges (12, 13, 14) of the first and second packaging films are adhered to each other; and
a zipper attached to an inside of the bag body, wherein the zipper includes:
a first zipper tape (21) including a base portion (21A) and a first fitting portion (21B); and
a second zipper tape (22) including a second fitting portion (22B), the second fitting portion being configured to fit the first fitting portion to seal the zipper (Fig. 2),
the first zipper tape is welded to the inner surface of the first packaging film (Fig. 2 and Translation-First Embodiment),
in a state in which the second zipper tape cover the first zipper tape, a first portion of the second zipper tape, which is located on a first side of the second fitting portion, is welded to the inner surface of the first packaging film (Fig. 2 and Translation-First Embodiment),
wherein an opening of the bag body is formed by tearing part of the first packaging film between a first welded portion and a second welded portion, the first welded portion is formed between the first zipper tape and the inner surface of the first packaging film, and the second welded portion is formed between the first portion of the second zipper tape and the inner surface of the first packaging film (Fig. 2, 3A, 3B and Translation-First Embodiment) (Translation-First Embodiment and Fig. 1-4).
Namba fails to teach two parts of the base portion of the first zipper tape between which the first fitting portion is interposed being provided with a steam-passing section through which steam generated inside the bag body passes, wherein the steam-passing section releases steam generated inside the bag body from the opening of the bag body formed after opening the bag body to an outside of the bag body.
Kasai teaches an analogous zipper attached to a packaging bag and comprising a first zipper tape including a base portion (31) and a first fitting portion (33) and a second zipper tape including a second fitting portion (32), wherein the second fitting portion is configured to fit the first fitting portion to seal the zipper (Fig. 4-6). Kasai further teaches that it is known and desirable to configure the zipper and the packaging bag to be microwave oven applicable whereby two parts of the base portion of the first zipper tape between which the first fitting portion is interposed are provided with a steam-passing section (34, 35), wherein steam generated inside the packaging bag passes through the steam-passing section and the steam passing section releases the steam generated through an opening formed in the packaging bag (Translation paragraphs 9, 10 and Fig. 4-6).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Namba by configuring the zipper and the packaging bag to be microwave oven applicable whereby two parts of the base portion of the first zipper tape between which the first fitting portion is interposed are provided with a steam-passing section, wherein steam generated inside the packaging bag is configured to pass through the steam-passing section and be released through the opening formed in the packaging bag, as taught by Kasai, in order to configure the packaging bag for packaging foods and for cooking the packaged foods in the packaging bag.
Namba also fails to teach a second portion of the second zipper tape, which is located on a second side of the second fitting portion opposite to the first side, being welded to the inner surface of the first packaging film through an easy peeling tape peelably adhering the second zipper tape to the inner surface of the first packaging film.
Yodo teaches an analogous packaging bag comprising a bag body having overlapped first and second packaging films including inner surfaces and a zipper attached to an inside of the bag body, wherein the zipper includes a first zipper tape including a base portion (22) and a first fitting portion (32) and a second zipper tape including a second fitting portion (34) configured to fit the first fitting portion to seal the zipper, wherein the first zipper tape is welded to the inner surface of the first packaging film (Fig. 2 and Translation-First Embodiment), and wherein in a state in which the second zipper tape covers the first zipper tape, a first portion of the second zipper tape, which is located on a first side of the second fitting portion, is welded (43) to the inner surface of the first packaging film (Fig. 2 and Translation-First Embodiment). Yodo further teaches that it is known and desirable to configure a second portion of the second zipper tape, which is located on a second side of the second fitting portion opposite to the first side, to be welded (45) to the inner surface of the first packaging film through an easy peeling tape (45a/45b) peelably adhering the second zipper tape to the inner surface of the first packaging film in order to prevent contents of the packaging bag from contacting and/or contaminating the zipper during filling and/or prior to opening (Fig. 4, 5 and Translation-First Embodiment).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Namba by configuring a second portion of the second zipper tape, which is located on a second side of the second fitting portion opposite to the first side, to be welded to the inner surface of the first packaging film through an easy peeling tape peelably adhering the second zipper tape to the inner surface of the first packaging film, as taught by Yodo, in order to prevent contents of the packaging bag from contacting and/or contaminating the zipper during filling and/or prior to opening.
Regarding claim 2, Namba as modified by Kasai and Yodo teaches the packaging bag of claim 1 above, wherein the steam-passing section includes either one of a rift or a hole (34) and both thereof provided in the base portion of the first zipper tape (Kasai: Translation paragraphs 9, 10 and Fig. 4-6).
Regarding claim 5, Namba as modified by Kasai and Yodo teaches the packaging bag of claim 1 above, wherein the packaging bag further comprises a cut tape (5) attached to the first inner surface of the first packaging film (Namba: Fig. 2), and wherein the opening is formed by pulling a tab (61) provided at one end of the cut tape and tearing the first packaging film along the cut tape (Namba: Translation-First Embodiment and Fig. 2-3B).
Regarding claim 6, Namba as modified by Kasai and Yodo teaches the packaging bag of claim 1 above, wherein a liquid content is stored inside the bag body (Namba: Translation-First Embodiment).
Response to Arguments
Applicant's arguments filed December 11, 2025 have been fully considered but they are not persuasive.
Applicant’s argument that Namba and Kasai fail to teach an easy peeling tape as claimed, is not persuasive.
The prior art applied in the previous rejection of record was not intended to teach the argued limitation as the argued limitation is a new limitation not presented in the previously examined claims.
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 NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST.
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/NINA K ATTEL/ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734