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 Objections
Claim 15 is objected to because of the following informalities: “oppoiste" should be “opposite.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 1-5, 7-10, 14-16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Forman (US 6,350,057).
Regarding claim 1, Forman discloses a flexible package comprising: a film having a right edge, a left edge, a top edge, and a bottom edge; and a closure device (22) coupled with and extending across the film transverse to the right edge and the left edge of the film, the closure device elongated from a first end to an opposite second end, the film having a first sealing edge region extending along and adjacent to the right edge of the film, the film also having a second sealing edge region extending along and adjacent to the left side of the film, the first sealing edge region and the second sealing edge region sealed to each other by a lap seal (48), wherein the first end of the closure device is sealed to the film inside the lap seal and the second end of the closure device is sealed to the film outside the lap seal (Fig. 3). See Figs. 1-4.
Regarding claim 2, the second end of the closure device is adjacent to the lap seal. See Fig. 1.
Regarding claim 3, the closure device is a resealable zipper closure. See Figs. 1-4.
Regarding claim 4, the first end of the closure device extends partially into the lap seal. See Figs. 1-3.
Regarding claim 5, the first end of the closure device is spaced apart from the right edge of the film and the left edge of the film in the lap seal. See Fig. 1.
Regarding claim 7, the second end of the closure device is located against an inside edge of the lap seal. See Figs. 1-3.
Regarding claim 8, Forman discloses a flexible package comprising: a film having opposite edges coupled with each other by a lap seal (48); and a zipper closure (22) device coupled to an inside surface of the film and configured to repeatedly open and close the flexible package, the zipper closure device including interlockable members connected with an elongated body that extends from a first end to an opposite second end, the first end of the zipper closure device located in the lap seal and the second end of the zipper closure device located outside the lap seal. See Figs. 1-4.
Regarding claim 9, the first end of the zipper closure device is sealed to the film inside the lap seal and the second end of the zipper closure device is sealed to the film outside the lap seal. See Figs. 1-4.
Regarding claim 10, the second end of the zipper closure device is adjacent to the lap seal. See Figs. 1-4.
Regarding claim 14, the second end of the zipper closure device is located against an inside edge of the lap seal. See Figs. 1-4.
Regarding claim 15, Forman discloses a flexible package comprising: a web of flexible material having opposite left and right edges and opposite top and bottom edges, each of the left and right edges including a seal region extending along the respective left or right edge, the seal regions of the left and right edges coupled with each other by a lap seal (48); and a zipper closure (22) having an elongated body with interlockable bodies, the elongated body extending from a first end to an opposite second end, the zipper closure sealed to the web between the left edge and the right edge with the first end of the zipper closure sealed to the web inside the lap seal and the second end of the zipper closure sealed to the web outside the lap seal. See Figs. 1-4.
Regarding claim 16, the second end of the zipper closure is adjacent to the lap seal. See Fig. 1.
Regarding claim 19, the second end of the zipper closure is located against the elongated body of the zipper closure along an edge of the lap seal. See Figs. 1-4.
Regarding claim 20, the first end of the zipper closure extends into the lap seal and the second end of the zipper closure is adjacent to the lap seal to eliminate an air gap in the lap seal. See Figs. 1-4.
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.
Claim(s) 6, 11-13, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Forman as applied above in further view of Plourde (US 2018/0327128).
Regarding claim 6, Forman does not disclose the location as claimed. Plourde, which is drawn to a package, discloses a first end of the closure device is located partially into the first sealing edge region. See [0017]; and Figs. 1-6. Thus, it 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 to have the zipper of Forman extend as disclosed by Plourde in order to assist the user in feeling that the reclosed package is more secure. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the first end of the closure device be located halfway into the first sealing edge region in order to assist the user in feeling that the reclosed package is more secure, since it has been held that rearranging parts of an invention involves only routine skill in the art. See In re Japiske, 86 USPQ 70.
Regarding claim 11, Forman does not necessarily disclose the zipper extending as claimed. Plourde, which is drawn to a package, discloses a first end of a zipper (12) closure device that extends partially into a lap seal. See [0017]; and Figs. 1-6. Thus, it 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 to have the zipper of Forman extend as disclosed by Plourde in order to assist the user in feeling that the reclosed package is more secure.
Regarding claim 12, as modified above, the first end of the zipper closure device is spaced apart from the edges of the film in the lap seal. See Plourde, [0017]; and Figs. 1-6.
Regarding claim 13, as modified above, the first end of the zipper closure device is located halfway into the lap seal.
Regarding claim 17, as modified above, the first end of the zipper closure is spaced apart from the left and right edges of the web in the lap seal.
Regarding claim 18, as modified above, the first end of the zipper closure extends halfway into the lap seal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734