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 .
Election/Restrictions
Applicant's election with traverse of Species I (claims 1-4, 6, 7, 10-29 and 32-34) in the reply filed on 6/23/2026 is acknowledged. It should be noted that claims 5 and 8 do not belong in Species I as they claim semicircular and concave elements.
Examiner maintains that it would be a serious burden to spend the extra time needed to consider each piece of prior art and whether that piece of prior art discloses or renders obvious each of the many different claimed species, particularly in view of the many different ways in which each of the pieces of prior art could be claimed.
The requirement is still deemed proper and is therefore made FINAL.
Double Patenting
Claims 1-4, 6, 7, 10-29 and 32-34 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of copending Application No. 18/980,115. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim bags with angled transitioning walls.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 29 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The metes and bounds of the claims are unclear with the use of the term “substantially.”
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The metes and bounds of the claims are unclear with the use of the term “substantially.”
Claim 1 recites the limitation "the transition." There is insufficient antecedent basis for this limitation in the claim.
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) 1-4, 6, 7, 10-15, 17-29 and 32-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Donner et al. (US 10,625,905).
Regarding claim 1, Donner discloses a plastic carrier bag, comprising: a bottom end and an opposite opening end, a front wall (6) and a rear wall (8), each with a first side edge and an opposite second side edge as well as an opening edge, a first side wall and an opposite second side wall, each with a first side edge and an opposite second side edge, and at least one holding loop (20) connected to the front wall or at least one holding loop connected to the rear wall, each with a first connecting region and a second connecting region (24A, 24B), wherein the front wall and the rear wall are configured multi-layered comprising at least one inner layer (28) and an outer layer (30), wherein the front wall and the rear wall in the region of the opening end have a reinforcing region containing at least one multi-layered plastic film strip fastened to the front wall on the inside or on the outside and at least one multi-layer plastic film strip (36, 38) fastened to the rear wall on the inside or on the outside and extending in each case from or at a distance from the first side edge in a direction of or up to the second side edge, wherein the at least one inner layer of the front wall and the at least one inner layer of the rear wall are configured in one piece, wherein the outer layers of the front wall and the rear wall are configured in one piece, and wherein the front wall and the rear wall merge into one another at the bottom end by way of folding over, wherein the transition extends laterally from a first end to an opposite second end, wherein, in the case of the front wall and the rear wall abutting one another up to the transition, the lateral extension of the transition between the first end and second end is smaller than the extension of the front wall and rear wall between the respective first side edge and second side edge at the opening end, wherein the extension of the front wall and rear wall between the respective first side edge and second side edge tapers in a region of the lower third with respect to the extension between opening end and bottom end, in the direction of the transition forming a tapering/bottom surface region (Fig. 15), wherein the lateral extension of the first side wall and second side wall in the tapering/bottom surface region in each case decreases corresponding to a region in which the extension of front wall and rear wall tapers between the respective first side edge and second side edge, wherein the first side wall is welded (col. 5, ll. 50-64) in the tapering/bottom surface region in a region of its first side edge to the front wall and in a region of the second side edge to the rear wall, and wherein the second side wall is welded in the tapering/bottom surface region in a region of its first side edge to the front wall and in a region of the second side edge to the rear wall. See Figs. 1-16.
Regarding claims 2-4, 6, 7, 10-29 and 32-34, Donner sufficiently discloses the claimed invention. See Figs. 1-16.
Second Rejection
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) 1-4, 6, 7, 10-15, 17, 20-29, 32 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Lehmacher (DE 2116859) in view of Bergman et al. (US 2013/0202853).
Regarding claim 1, Lehmacher discloses a plastic carrier bag, comprising: a bottom end and an opposite opening end, a front wall (11) and a rear wall (12), each with a first side edge and an opposite second side edge as well as an opening edge, a first side wall (13) and an opposite second side wall (14), each with a first side edge and an opposite second side edge, and at least one holding loop (19) connected to the front wall or at least one holding loop connected to the rear wall, each with a first connecting region (left side 23) and a second connecting region (right side 23), wherein the front wall and the rear wall in the region of the opening end have a reinforcing region (at 20) containing at least one multi-layered plastic film strip (20) fastened to the front wall on the inside or on the outside and at least one multi-layer plastic film strip fastened to the rear wall on the inside or on the outside and extending in each case from or at a distance from the first side edge in a direction of or up to the second side edge, and wherein the front wall and the rear wall merge into one another at the bottom end by way of folding over, wherein the transition extends laterally from a first end to an opposite second end, wherein, in the case of the front wall and the rear wall abutting one another up to the transition, the lateral extension of the transition between the first end and second end is smaller than the extension of the front wall and rear wall between the respective first side edge and second side edge at the opening end, wherein the extension of the front wall and rear wall between the respective first side edge and second side edge tapers in a region (17, 18) of the lower third with respect to the extension between opening end and bottom end, in the direction of the transition forming a tapering/bottom surface region (at 17, 18), wherein the lateral extension of the first side wall and second side wall in the tapering/bottom surface region in each case decreases corresponding to a region in which the extension of front wall and rear wall tapers between the respective first side edge and second side edge, wherein the first side wall is welded in the tapering/bottom surface region in a region of its first side edge to the front wall and in a region of the second side edge to the rear wall, and wherein the second side wall is welded in the tapering/bottom surface region in a region of its first side edge to the front wall and in a region of the second side edge to the rear wall. See Figs. 1-5. Lehmacher does not necessarily disclose the walls being multi-layered.
Bergman, which is drawn to a bag, discloses a front wall and a rear wall that are configured multi-layered ([0049]) comprising at least one inner layer and an outer layer, wherein the at least one inner layer of the front wall and the at least one inner layer of the rear wall are configured in one piece, wherein the outer layers of the front wall and the rear wall are configured in one piece. See [0047]-[0049]. 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 walls of Lehmacher be multi-layered as disclosed by Bergman in order to strengthen the bag and better protect items therein.
Regarding claim 2, the first side edge and second side edge of the first side wall approach in the tapering/bottom surface region, and wherein the first side edge and second side edge of the second side wall approach in the tapering/bottom surface region. See Fig. 1.
Regarding claim 3, in the portion which is not the tapering/bottom surface region, the first side wall is welded in the region of its first side edge to the front wall, and in the region of the second side edge to the rear wall, and wherein in the portion which is not the tapering/bottom surface region, the second side wall is welded in the region of its first side edge to the front wall, and in the region of the second side edge to the rear wall. See Figs. 1-3.
Regarding claim 4, the extension from the first side edge to the second side edge of the first side wall substantially corresponds to a sum of the extension of the tapering/bottom surface region of the front wall, calculated from the transition and the extension of the tapering/bottom surface region of the rear wall, calculated from the transition, or wherein the extension from the first side edge to the second side edge of the second side wall substantially corresponds to a sum of the extension of the tapering/bottom surface region of the front wall, calculated from the transition and the extension of the tapering/bottom surface region of the rear wall, calculated from the transition.
Regarding claim 6, adjacent to or in the region of the first end of the transition, the first side wall, the front wall, and the rear wall are welded to one another in a first area, or wherein adjacent to or in the region of the second end of the transition the second side wall, the front wall, and the rear wall are welded to one another in a second area. See Figs. 1-5.
Regarding claim 7, Lehmacher discloses the claimed invention except for a layered weld. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a five-, six-, seven- or eight-layered weld in the first area and in the second area, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 10, as modified above, the at least one holding loop connected to the front wall and the at least one holding loop connected to the rear wall is welded in each of its first and second connecting regions to the multi-layered plastic film strip of the reinforcing region and also to the at least one inner layer and the outer layer, and wherein the multi-layered plastic film strip of the reinforcing region of the front wall is fastened by way of welding to the inner or outer layer from or at a distance from the first side edge in the direction of or up to the second side edge, and wherein the multi-layered plastic film strip of the reinforcing region of the rear wall is fastened by means of welding to the inner or outer layer from or at a distance from the first side edge in the direction of or up to the second side edge, wherein the first and second connecting regions of the at least one holding loop connected to the front wall and the first and second connecting regions of the at least one holding loop connected to the rear wall are present on the inner side of the front or rear wall in the region of the multi-layered plastic film strip of the reinforcing region, wherein a continuing section adjoins in each case the outer layer, wherein the continuing section forms the plastic film strip of the reinforcing region, wherein the continuing section extends at least in sections along the inner side of the at least one inner layer, and abuts thereon, wherein this continuing section present on the inner side of the at least one inner layer is configured at least double-layered at least in regions by means of folding over, wherein this continuing section is welded to the inner side of the at least one inner layer along an extension from or at a distance from the first side edge in the direction of or up to the second side edge, and wherein the outer layer of front wall and rear wall comprises or forms the opening edge, wherein the at least one inner layer extends with its upper edge up to the opening edge or at a distance therefrom, wherein the outer layer and the continuing section of the front wall and the outer layer and the continuing section of the rear wall are each configured in one piece, and wherein the multi-layered plastic film strip of the reinforcing region of front wall and rear wall is welded in each case over all its layers to the inner side of the at least one inner layer along the extension from or at a distance from the first side edge in the direction of or up to the second side edge forming a first connecting region (left side 22), wherein this first connecting region is present in each case closer to the lower edge of the reinforcing region than to the upper edge thereof, wherein the outer layer of front wall and rear wall is welded in each case to the outer side of the at least one inner layer along the extension from or at a distance from the first side edge in the direction of or up to the second side edge forming a second connecting region (right side 22), wherein the second connecting region is present in each case closer to the lower edge of the reinforcing region than to the upper edge thereof, wherein the first and second connecting regions, obtained by way of welding, of the holding loops connected to the front wall or to the rear wall are present at a distance from the first and second connecting regions, and wherein the at least one holding loop connected inside to the front wall or the at least one holding loop connected inside to the rear wall is welded in each case in its first and second connecting regions, directly or indirectly, to the multi-layered plastic film strip of the reinforcing region and to the at least one inner layer and the outer layer. See Figs. 1-5.
Regarding claim 11, the first side wall and the second side wall are single-layered. See Figs. 1-5.
Regarding claim 12, the first side wall and the second side wall have a side fold. See Figs. 1-5.
Regarding claim 13, the first side wall and the second side wall have a seam at the opening end. See Fig. 1.
Regarding claim 14, Lehmacher discloses the claimed invention except for the first side wall and the second side wall based on separate material blanks. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use separate material blanks, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. See Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 15, a bottom fold in the erected filling state of the plastic carrier bag constitutes an outwardly directed bottom fold. See Figs. 1-5.
Regarding claim 17, Lehmacher does not disclose the material as claimed. Bergman discloses a bag formed or consisting of polyolefins. See [0043]. 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 use the material as disclosed by Bergman in order to have strong but flexible bag.
Regarding claim 20, the first connecting regions overlap in each case with the second connecting regions. See Figs. 4-5.
Regarding claim 21, the front wall and the rear wall or the plastic film strips fastened to the front or rear wall are configured double-layered. See Figs. 4-5.
Regarding claim 22, the reinforcing region extends up to or comprises the opening end. See Figs. 1-5.
Regarding claim 23, the plastic film strip is fastened to the front wall on the inside. See Fig. 2.
Regarding claim 24, the extension of the front wall and rear wall tapers up to the transition. See Fig. 1.
Regarding claim 25, the lateral extension of the first side wall and second side wall in the tapering/bottom surface region in each case decreases in a corresponding manner corresponding to the region in which the extension of front wall and rear wall tapers between the respective first side edge and second side edge. See Fig. 1.
Regarding claim 26, the first side wall is welded in the tapering/bottom surface region in the region of its first side edge to the front wall along the first side edge thereof, or in the region of the second side edge to the rear wall along the first side edge thereof, or wherein the second side wall is welded in the tapering/bottom surface region in the region of its first side edge to the front wall along the second side edge thereof, or in the region of the second side edge to the rear wall along the second side edge thereof. See Fig. 1.
Regarding claim 27, the first side edge and second side edge of the first side wall approach continuously, or wherein the first side edge and second side edge of the second side wall approach continuously, or wherein the first side edge and second side edge of the first side wall converge in the region of the transition, or wherein the first side edge and second side edge of the second side wall converge in the region of the transition. See Figs. 1-3.
Regarding claim 28, in the portion which is not the tapering/bottom surface region, the first side wall is welded in the region of its first side edge to the front wall along the first side edge thereof, or in the region of the second side edge to the rear wall along the first side edge thereof, or wherein in the portion which is not the tapering/bottom surface region, the second side wall is welded in the region of its first side edge to the front wall along the second side edge thereof, or in the region of the second side edge to the rear wall along the second side edge thereof. See Figs. 1-3. R
Regarding claim 29, the extension from the first side edge to the second side edge of the first or second side wall substantially corresponds to the sum of the extension of the tapering/bottom surface region of the front wall. See Figs. 1-3.
Regarding claim 32, the first and second connecting regions of the holding loops connected to the front wall or to the rear wall have no overlap with the first and second connecting regions.
Regarding claim 33, the side fold extends as far as the transition. See Figs. 1-3.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lehmacher and Bergman as applied above in further view of Isserstedt (US 5,620,133).
Regarding claim 16, Lehmacher does not disclose the layers as claimed. Isserstedt, which is drawn to a bag, discloses an outer layer that is based on or consists of a plastic material which is transparent at least in sections and which can be printed or is printed at least in sections on the inside, or wherein the at least one inner layer can be printed or is printed at least in sections on the outside, and wherein the outer layer is based on or consists of a plastic material which is transparent at least in sections. See col. 7, ll. 66 - col. 8, ll. 4. 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 an outer layer of Lehmacher be as disclosed by Isserstedt in order to print visible indicia thereon.
Claims 18, 19 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Lehmacher and Bergman as applied above in further view of Boswell et al. (US 2015/0307264).
Regarding claim 18, Lehmacher does not disclose the material as claimed. Boswell, which is drawn to a bag, discloses at least one inner layer of the front wall and rear wall comprises or constitutes a foamed plastic film, or wherein the outer layer of the front wall and rear wall comprises or constitutes a non-foamed plastic film. See [0014]. 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 use the material as disclosed by Boswell in order to have strong but flexible bag.
Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use the claimed material in order to have strong but flexible bag, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See In re Leshin, 125 USPQ 416.
Regarding claims 19 and 34, Lehmacher as modified above sufficiently discloses the claimed invention.
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.
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 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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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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