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) 1-7 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Clasca Cabre (EP 3275799 A1).
Regarding claims 1 and 5, De Clasca Cabre discloses a continuous mixed tube for forming bags made of a multilayer sheet comprising at least one outer layer made of paper material and one inner layer made of polymeric material (see Par. 0009-0012), said sheet defining a tubular envelope provided with a front wall (2) and with a rear wall (3) that are opposite and laterally connected to each other by two lateral walls (4/5), said tubular envelope being sealed at the top and at the bottom so as to define said package (see Figures 2-8); wherein said package comprises at least one upper closing fin comprising upper-sealing portions of the front wall and of the rear wall, respectively, sealed with each other with upper-folding portions of the lateral walls folded over themselves (4a/5a; see Fig. 2) and interposed therebetween; wherein said package comprises upper lateral windows (9/93) in which the outer layer is absent, thereby exposing the inner layer, said upper lateral windows at least partially occupying said upper-folding portions (see Fig. 9B). Examiner considers the container to be multilayered at the front and rear where 2 overlaps with 4b/5b and 3 overlaps with 4c/5c (see Fig. 2).
Regarding claims 2-4, De Clasca Cabre discloses a container wherein said upper lateral windows open on both opposite faces of each upper-folding portion which is folded over itself, so that the exposed inner layer is sealed on itself at the site of folding over (see Par. 0044-0046).
Regarding claims 6-7, De Clasca Cabre discloses a container wherein the multilayer sheet comprises only two layers (see Par. 0013-0014).
Regarding claim 11, De Clasca Cabre discloses a container made of a laminated (see Par. 0010 line 2; Examiner notes that De Clasca Cabre discloses using laminated paper) multilayer sheet comprising at least one outer layer made of paper material and one inner layer made of polymeric material (see Par. 0009-0012), said sheet defining a tubular envelope provided with a front wall and with a rear wall (2/3) that are opposite and laterally connected to each other by two lateral walls (4/5), said tubular envelope being sealed at the top and at the bottom so as to define said package (see Figures 2-8); wherein said package comprises at least one upper closing fin comprising upper-sealing portions of the front wall and of the rear wall, respectively, sealed with each other with upper-folding portions of the lateral walls folded over themselves and interposed therebetween (4a/5a; see Fig. 2); wherein said package comprises upper lateral windows in which the outer layer is absent, thereby exposing the inner layer, said upper lateral windows at least partially occupying said upper-folding portions (see Fig. 9B).
Regarding claim 12, De Clasca Cabre discloses a container made of a multilayer sheet comprising at least one outer layer made of paper material and one inner layer made of polymeric material (see Par. 0009-0012), said sheet defining a tubular envelope provided with a front wall (4) and with a rear wall (5; Examiner considers 4 and 5 to be the front and rear, respectively) that are opposite and laterally connected to each other by two lateral walls (2/3), said tubular envelope being sealed at the top and at the bottom so as to define said package (see Figures 2-8); wherein said package comprises at least one upper closing fin comprising upper-sealing portions of the front wall and of the rear wall, respectively, sealed with each other with upper folding portions of the lateral walls folded over themselves and interposed therebetween (4a/5a; see Fig. 2); wherein said outer layer made of paper material extends at least partially on said lateral walls (see Fig. 2; Examiner considers 2/3 to be the lateral walls); wherein said package comprises upper lateral windows (9) in which the outer layer is absent, thereby exposing the inner layer, said upper lateral windows at least partially occupying said upper-folding portions (Examiner considers the upper-folding “portion” to be the top half portion of the container).
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive. Applicant contends that the prior art fails to disclose a package made of a multilayered sheet, as claimed.
-Examiner notes that De Clasca Cabre indeed discloses a container formed of a multilayered sheet where the front and rear where 2 overlaps with 4b/5b and 3 overlaps with 4c/5c (see Fig. 2). Further, Examiner notes that De Clasca Cabre contemplates using a laminated paperboard (see Par. 0010 line 2), and laminated paperboard is inherently multilayered.
Conclusion
THIS ACTION IS MADE FINAL. 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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