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 § 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) 1 and 3-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (JP 2013256323) in view of Takahagi et al. (US 2005/0255200, hereinafter ‘Takahagi’).
Kondo discloses a pouch (10) having an accommodation space that accommodates contents between a bottom part and a top part on an opposite side to the bottom part (Fig. 2), the pouch comprising: a pair of stacked sheet parts; and a pair of side seal parts that are provided at both edges extending in a first direction of the pair of sheet parts and sealed so that the pair of sheet parts forms the accommodation space (15, 16); wherein of the pair of side seal parts, at least one side seal part has a first seal part that is positioned close to the top part, a second seal part that is positioned closer to the bottom part than the first seal part is and separated from the first seal part (see Fig. 2, right side), and a steam releasing seal part for releasing steam that connects the first seal part and the second seal part (see Fig. 3), and projects onto the accommodation space side, the steam releasing seal part exhibits a triangular shape having a peak part on the accommodation space side (see Figs. 2, 3), and is symmetrical with respect to a first virtual line passing through the peak part and orthogonal to the first direction, a region surrounded by the steam releasing seal part is a non-sealed region (44), and the non-sealed region of at least one sheet part among the pair of sheet parts has a penetration part that penetrates the at least one sheet part in a thickness direction (44A-44D); except does not expressly disclose the particular shape of the penetration part as claimed.
However, Takahagi teaches a similar packaging bag wherein the penetration part has a first end, and a second end on an opposite side to the first end, and a region of the penetration part other than between the first end and the second end is separated from a second virtual line that connects the first end and the second end; the penetration part exhibits an arc shape (see Fig. 4, arc 18).
Because Kondo and Takahagi both teach venting mechanisms for a pouch, it would have been obvious to one of ordinary skill in the art to substitute the arc shaped penetration part taught by Takahagi for the penetration part taught by Kondo to achieve the predictable result of venting pressure/steam from the packaging.
Kondo as modified above further discloses at least part of the penetration part is on the first virtual line (see Kondo Fig. 3); a part of the penetration part is further toward an accommodation space side than to a third virtual line that virtually extends an edge of the first seal part and the second seal part that is positioned most toward the accommodation space side (see Kondo Fig. 3); the penetration part is formed in both of the pair of sheet parts (see Kondo Fig. 6).
Response to Arguments
Applicant’s arguments, see the response, filed 1/27/2026, with respect to the rejection(s) of claim(s) 2 and 3 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Takahagi.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment (claims 7-10) 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 PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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/PETER N HELVEY/Primary Examiner, Art Unit 3734
February 24, 2026