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 without traverse of Group I (claims 1-20) in the reply filed on 11/11/2025 is acknowledged. Non-elected claim 21 is withdrawn from consideration.
Claim Rejections - 35 USC § 112
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 17-18 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.
Claim 17 is rendered indefinite by the limitation “a middle film”, in line 1, since it is unclear whether the limitation is referring to the non-breathable middle film defined previously in claim 16 or a different middle film. For examination purposes, Examiner interprets the limitation “a middle film” as “the middle film” since only a single middle film is disclosed.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaskell et al. (US 7,938,580).
Regarding claim 1, Gaskell discloses a pouch (pouch 599 shown in Fig. 5, with the cross-sectional view shown in Fig. 6C), comprising: a base layer (layer 514 – See Fig. 5 labeled below) having a base periphery (See Fig. 5 labeled below), a base back end (end of 514 near the bottom of Fig. 5) and opposing base outer edges (right and left edges of 514 in Fig. 5); a breathable first web (web 332 in Figs. 3B and 5 – See Fig. 3B labeled below, which is described as being breathable in column 9, line 17) on said base layer having a first web back end (left end of 332 in Fig. 3B) and a first web front end (right end of 332 in Fig. 3B) and adapted to permit a sterilization gas to pass therethrough (web 332 is disclosed as being breathable in column 4, line 56); a non-breathable middle film (film at 334 in Fig. 3B and also shown in Fig. 5 at 334a/334b – See Fig. 3B labeled below – described as being non-breathable in column 4, line 55) adhered to said first web (as shown in Figs. 3A-3B) having a first edge (right edge of 334 in Fig. 3B), a second edge (left edge of 334 in Fig. 3B) and opposing film side edges (top and bottom edges of 334 in Fig. 3A); a breathable second web (web 336 – See Fig. 3B labeled below, described as being breathable in column 4, line 54) attached to said middle film (as shown in Figs. 3A-3B) having a web rear edge (left edge of 336 in Fig. 3B), a web front edge (right edge of 336 in Fig. 3B) and opposing web side edges (top and bottom edges of 336 in Fig. 3A); and, a non-breathable top layer (layer 512 – See Fig. 5 labeled below) over said base layer (as shown in Fig. 5), thereby said pouch includes five layers, said top layer having a top periphery, a film rear edge (bottom edge of 512 in Fig. 5), a film front edge (top edge of 512 in Fig. 5) and opposing top layer side edges (right and left edges of 512 in Fig. 5), thereby forming a back edge (at 560 in Fig. 5) defined between the first web back end and the base back end, wherein a main pocket is formed between said base layer and said top layer (pocket formed between 512 and 514).
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Regarding claim 2, Gaskell (See Fig. 3B labeled above) discloses said second edge (left edge of 334 in Fig. 3B) of said middle film (334) adhered to said first web (332 – See Figs. 3A-3B), and said second edge underlaying said top layer (as shown in Fig. 5); said first edge (right edge of 334 in Fig. 3B) of said middle film (334) adhered to said second web (336 – See Fig. 3B), thereby forming a pocket (compartment 594) between said middle film and said top layer into which a desiccant is capable of being disposed.
Regarding claim 3, Gaskell discloses said desiccant pocket (compartment 594, which is capable of holding a desiccant therein) is sealed by a first closing seal (at 338) such that said film rear edge, said second edge and said first web front edge are sealed off.
Regarding claim 4, Gaskell discloses said first edge of said middle film adhered to said web rear edge of said second web (as shown at OL3 in Fig. 3B labeled above) thereby forming a breathable interface (the second web 336 is disclosed as being breathable in column 4, line 54) between said desiccant pocket and said second web.
Regarding claim 5, Gaskell discloses a third seal (at 550 in Fig. 5) adhering said web front edge (right edge of 336) to said top layer (512) thereby forming a path for ambient air dried by said desiccant.
Regarding claim 6, Gaskell discloses a primary seal (at 518 in Fig. 5) adhering said base layer (514) and said top layer (512) along said top periphery and said base periphery, said primary seal overlapping an entirety of said base outer edges to seal said top layer side edges.
Regarding claim 7, Gaskell discloses a secondary seal (at 550 in Fig. 5) adhering said middle film (334) and said second web (336) to said base layer (514) at said base outer edges.
Regarding claim 8, Gaskell discloses said secondary seal (550) being coextensive with said primary seal (518) at an overlap location (at 562), said secondary seal extending a partial width of said primary seal at a partial overlap portion distal to said overlap location to thereby form a setback (at the left of 562 in Fig. 5) from said base outer edges, wherein said setback allows said first web, said middle film and said second web to be formed in a single sealing step.
Regarding claim 9, Gaskell discloses said setback is proximate to said first edge of said middle film (the setback near 562 is considered proximate to 340 in Fig. 5 since 562 is located very close to 340 – See definition of “proximate” - https://www.merriam-webster.com/dictionary/proximate).
Regarding claim 10, Gaskell discloses a pouch (pouch 599 shown in Fig. 5, with the cross-sectional view shown in Fig. 6C), comprising: a base layer (layer 514 – See Fig. 5 labeled above) having a base periphery (See Fig. 5 labeled above), a base back end (end of 514 at the bottom of Fig. 5) and opposing base outer edges (right and left edges of 514 in Fig. 5); a non-breathable top layer (layer 512 – See Fig. 5 labeled above) having a top periphery, a film rear edge, a film front edge and opposing top layer side edges; a primary seal (at 518 in Fig. 5) adhering said base layer and said top layer along said top periphery and said base periphery, said primary seal overlapping an entirety of said base outer edges to seal said top layer side edges, thereby defining one or more pockets between said base layer and said top layer, said one or more pockets including a desiccant pocket (compartment 594 – which is capable of containing a desiccant) defined between a middle film (film at 334 in Fig. 3B and also shown in Fig. 5 at 334a/334b – See Fig. 3B labeled above) and said top layer into which a desiccant can be disposed; said desiccant pocket sealed by a first closing seal (at 338) transverse to said base outer edges; a secondary seal (at 550 in Fig. 5) adhering said one or more pockets to said base layer at said base outer edges, said secondary seal being coextensive with said primary seal at an overlap location (at 562) of said first closing seal, said secondary seal extending a partial width of said primary seal at a partial overlap portion distal to said first closing seal to thereby form a setback (at the left of 562 in Fig. 5) from said base outer edges, wherein said setback allows said one or more pockets to be formed in a single sealing step.
Regarding claim 11, Gaskell discloses said one or more pockets includes a breathable first web (web 332 in Figs. 3B and 5 – See Fig. 3B labeled above, which is described as being breathable in column 9, line 17) on said base layer having a first web back end and a first web front end (See Fig. 3B labeled above) and adapted to permit a sterilization gas to pass therethrough.
Regarding claim 12, Gaskell discloses said one or more pockets includes a non-breathable middle film (film at 334 in Fig. 3B and also shown in Fig. 5 at 334a/334b – See Fig. 3B labeled above, which is described as being non-breathable in column 4, line 55) adhered to said first web having a first edge (right edge of 334 in Fig. 3B), a second edge (left edge of 334 in Fig. 3B) and opposing film side edges (top and bottom edges of 334 in Fig. 3A).
Regarding claim 13, Gaskell discloses said one or more pockets includes a breathable second web (web 336 – See Fig. 3B labeled below, described as being breathable in column 4, line 54) attached to said middle film having a web rear edge (left edge of 336 in Fig. 3B), a web front edge (right edge of 336 in Fig. 3B) and opposing web side edges (top and bottom edges of 336 in Fig. 3A).
Regarding claim 14, Gaskell discloses said first edge of said middle film is adhered to said web rear edge of said second web but forming a breathable interface between said desiccant pocket and said second web (as shown in Figs. 3B and 5).
Regarding claim 15, Gaskell discloses a third seal (at 550 in Fig. 5) adhering said web front edge to said top layer thereby forming a path for ambient air dried by said desiccant.
Regarding claim 16, Gaskell discloses a pouch (pouch 599 shown in Fig. 5, with the cross-sectional view shown in Fig. 6C), comprising: a base layer (layer 514 – See Fig. 5 labeled above); a breathable first web (web 332 in Figs. 3B and 5 – See Fig. 3B labeled above, which is described as being breathable in column 9, line 17) on said base layer having a first web back end (See Fig. 3B labeled above) and a first web front end (See Fig. 3B labeled above) and capable of permitting a sterilization gas to pass therethrough; a non-breathable middle film (film at 334 in Fig. 3B and also shown in Fig. 5 at 334a/334b – See Fig. 3B labeled above, which is described as being non-breathable in column 4, line 55) adhered to said first web; a breathable second web (web 336 – See Fig. 3B labeled below, described as being breathable in column 4, line 54) attached to said middle film having a web front edge (See Fig. 3B labeled above); a non-breathable top layer (layer 512 – See Fig. 5 labeled above) over said base layer; a primary seal (at 518 in Fig. 5) adhering said base layer and said top layer along a top and a base periphery; and, a secondary seal (at 550 in Fig. 5) adhering said middle film and said second web to said base layer, said secondary seal overlapping said primary seal an entire length of said primary seal between said web front edge and said first web front end at said top periphery and said base periphery.
Regarding claim 17, Gaskell discloses a desiccant pocket (compartment 594 – which is capable of containing a desiccant) defined between the middle film and said top layer into which a desiccant can be disposed; said desiccant pocket being sealable by a first closing seal (at 338) transverse to said base outer edges.
Regarding claim 18, Gaskell discloses a third seal (at 550 in Fig. 5) adhering said web front edge to said top layer thereby forming a path for ambient air dried by said desiccant.
Regarding claim 19, Gaskell discloses said secondary seal (550) being coextensive with said primary seal (518) at an overlap location (at 562), said secondary seal extending a partial width of said primary seal at a partial overlap portion distal to said overlap location to thereby form a setback (at the left of 562 in Fig. 5) from said base outer edges
Regarding claim 20, Gaskell discloses said setback is proximate to said first edge of said middle film (the setback near 562 is considered proximate to 340 in Fig. 5 since 562 is located very close to 340 – See definition of “proximate” - https://www.merriam-webster.com/dictionary/proximate).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735