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 .
This action is in response to the documents received on July 19, 2024.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2 and 4-7 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 is drawn to type of seal formed by the claimed apparatus, not any additional limitation of structure configured to produce the desired seal; claims 4-7 are drawn to the configuration of an object capable of being formed by or used with the claimed apparatus. Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims comply with the statutory requirements.
For purpose of examination, Examiner has examined claims 2 and 4-7 in accordance to structure of the apparatus that can produce the desired product of claims 2 and 4-7
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.
Claims 1, 3-5 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IMAZEKI (US 2006/0113043)
In reference to claim 1, IMAZEKI discloses a system comprising: a housing comprising a first panel 11A similar to a second panel 11B; a tape core pathway configured to position a sealing system, the sealing system including a tape dispenser core 13A supporting a tape roll 13 between the two panels 11A, 11B, a tape support 21 positioned to dispense a portion 12 of the tape roll 13 proximal a sealing pathway (figure 8); a wheel 29 with a plurality of protrusions 29A configured to rotate into the sealing pathway (figure 8); a cutting implement 37 positioned to be at least partially within the sealing pathway (figure 8); wherein the sealing pathway ends at a pathway end 18 configured so as the dispensed portion passes through the sealing pathway (figure 8); a positioning tool 30 with a positioning portion, the positioning tool 30 configured to position an object W during operation of the sealing system (figures 10-19); and wherein the housing and the positioning tool 30 are configured to seal a portion of the object W as the object W contacts the dispensed portion and moves through the sealing pathway (figures 10-19).
With respect to claim 3, IMAZEKI further discloses the protrusions of the wheel are configured to wrap (figures 10-19) the dispensed portion around (figure 22) the object W.
In reference to claims 4 and 5, IMAZEKI further discloses the housing having an inlet 16 configured such that the object can extend on opposing sides of the housing (figures 10-22).
Regarding claim 6, the system of IMAZEKI is capable of sealing multiple objects with the dispensed portion of the tape roll 13.
Regarding claim 12, SANTORINEOS further discloses a tape back assist 25 positioned proximal to the sealing pathway upstream of the positioning tool 29.
Claims 1-11, 14- are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SANTORINEOS (US 4,721,545).
Regarding claims 1-2, SANTORINEOS discloses a system comprising: a housing comprising a first panel 2 similar to a second panel 3; a tape core pathway configured to position a sealing system (figure 1), the sealing system including a tape dispenser core 18 supporting a tape roll 20 between the two panels 2, 3, a tape support (track supporting core 18; figure 1) positioned in the panels 2, 3 of the housing to dispense a portion 12 of the tape roll 13 proximal a sealing pathway (figure 2); a wheel 11 with a plurality of protrusions 11’ configured to rotate into the sealing pathway (figure 3); a cutting implement 24 positioned to be at least partially within the sealing pathway (figures 4-5); wherein the sealing pathway ends at a pathway end 9 configured so as the dispensed portion passes through the sealing pathway (figure 5); a positioning tool 23 with a positioning portion 23”, the positioning tool 23 configured to position the neck 28 of an object 27 during operation of the sealing system (figures 1 and 4-5); and wherein the housing and the positioning tool 23 are configured to establish an air-tight (column 1 lines 14-18) seal at the neck 28 of the object 27 as the object 27 contacts the dispensed portion and moves through the sealing pathway (figures 1 and 3-6).
With respect to claim 3, SANTORINEOS further discloses the protrusions 11’ of the wheel 11 are configured to wrap (figures 3-6) the dispensed portion around the neck 28 of the object 27.
In reference to claims 4 and 5, SANTORINEOS further discloses the housing having a channel 8 configured such that the object 27 can extend on opposing sides of the housing (figure 1).
Regarding claim 6, the system of SANTORINEOS is capable of sealing multiple objects with the dispensed portion of the tape roll 20.
With respect to claim 7, the system of SANTORINEOS is capable of sealing a paritally knotted and/or stretched portion 28 of the object 27 with the dispensed portion of the tape roll 20 (figure 1).
In reference to claim 8, the system of SANTORINEOS further discloses the positioning tool 23 to include a curved end 23’ (figure 2).
Regarding claims 9 and 10, SANTORINEOS further discloses a plurality of spacers 4, 5 creating a gap between the housing panels 2, 3 substantially equal to the width of the tape roll 20 (figure 1).
With respect to claim 11, SANTORINEOS further discloses the system to have a tool pathway (figure 4) proximal to the sealing pathway, the tool pathway sized to allow the positioning tool 23 to at least partially pass into the sealing pathway; and the tool pathway is proximal to the pathway end 9 of the sealing pathway.
In reference to claim 14, SANTORINEOS discloses a system comprising: a housing comprising a first panel 2 similar to a second panel 3; a tape core pathway configured to position a sealing system (figure 1), the sealing system including a tape dispenser core 18 supporting a tape roll 20 between the two panels 2, 3, a tape support (track supporting core 18; figure 1) positioned in the panels 2, 3 of the housing to dispense a portion 12 of the tape roll 13 proximal a sealing pathway (figure 2); a wheel 11 with a plurality of protrusions 11’ configured to rotate into the sealing pathway (figure 3); a cutting implement 24 positioned to be at least partially within the sealing pathway (figures 4-5); wherein the sealing pathway ends at a pathway end 9 configured so as the dispensed portion passes through the sealing pathway (figure 5); a positioning tool 23 with a positioning portion 23”, the positioning tool 23 configured to position the neck 28 of an object 27 during operation of the sealing system (figures 1 and 4-5); and wherein the housing and the positioning tool 23 are configured to establish an air-tight (column 1 lines 14-18) seal at the neck 28 of the object 27 as the object 27 contacts the dispensed portion and moves through the sealing pathway (figures 1 and 3-6); a tool pathway (figure 4) proximal to the sealing pathway, the tool pathway sized to allow the positioning tool 23 to at least partially pass into the sealing pathway; and the tool pathway is proximal to the pathway end 9 of the sealing pathway.
Regarding claim 15, the system of SANTORINEOS further discloses the positioning tool 23 to include a curved end 23’ (figure 2).
With respect to claim 16, SANTORINEOS discloses a method of non-permanently sealing a flexible container 27, the method comprising: filling the flexible container 27 with an internal content (e.g. air; abstract); providing a sealing system of claim 14; positioning a neck portion 28 of the flexible container 27 around a positioning portion 23’ of a positioning tool 23; positioning the neck portion 28 and the positioning tool 23 above a pathway end 9 of a sealing pathway (figures 4-6); sealing the neck portion 28 by advancing the neck portion and a dispensed portion through protrusions 11’ of the wheel 11; cutting 24 excess tape from the sealed neck portion by advancing (figures 4-6) the sealed neck portion to the pathway end 9 such that the dispensed portion is separated from the tape roll 20; removing the neck portion 28 from the systems (figure 6); such that the seal formed on the neck portion 28 prevents the internal content from exiting the flexible container 27.
In reference to claim 17, figure 6 of SANTORINEOS discloses the neck portion 28 folded and sealed such that an opening of the flexible container 27 are removed from the sealing pathway of the housing, thus are on the same side of the housing.
Regarding claim 18, figure 1 of SANTORINEOS discloses the neck portion 27 unfolded and positioned such that an opening of the flexible container 27 is on a first side of the housing and a body of the flexible container 27 is on an opposing side of the housing.
Allowable Subject Matter
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 19 and 20 are allowed.
The following is an examiner’s statement of reasons for allowance: Upon examination, the art considered as a whole, alone or in combination, neither anticipated nor renders obvious the claimed method of non-permanently sealing a first flexible container to a second flexible container comprising the steps of filling a first flexible container with a first internal content and filling a second flexible container with a second internal content; forming a partial knot between a neck of the first flexible container and a neck of the second flexible container to form a (joined) neck portion; and positioning the (joined) neck portion into a positioning tool configured as claimed for the purpose of simultaneously forming an air-tight seal in two flexible containers (such as balloons).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thanh Truong can be reached at 571-272-4472. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
September 26, 2025