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 Invention 1, Species A, Figures 5-6 in the reply filed on 2/3/2026 is acknowledged. The traversal is on the ground(s) that there is no burden to examine all species together. This is not found persuasive because examining five different species of interlocking profile shapes would require substantial duplication of work effort by requiring redundant employment of text search queries and/or significantly more image searching due to the nature of rib and groove profile disclosures frequently including dozens of images of different profile types.
The requirement is still deemed proper and is therefore made FINAL.
Claims 8, 10-13, and 19-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention of Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/3/2026.
Claims 19-23 are canceled by applicant via the 2/3/2026 response.
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.
Claim(s) 1-5, 15, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nocek et al. (US 4791710, hereinafter ‘Nocek’).
Nocek discloses (Original) a recloseable zipper closure (11) for use with a flexible package; the zipper closure comprising:(a) a female profile (17) including first and second spaced profile legs (20, 21) joined by a female base (horizontal portion between 20 and 21) to define a central, continuous, elongate receiver recess (see Figs. 2, 3); (b) a male profile (12) opposing the female profile; the male profile including a male profile member extending from a male base (13-15), the male profile member being sized and positioned to be releasably inserted in the receiver recess and engaged with the first and second profile legs (see Figs. 2, 3); (c) a female fin attached to the female profile at an attachment area along the base (18+19); the female fin being positioned to be secured to a portion of the flexible package (see Fig. 1); and (d) a male fin (16) attached to the male profile member; the male fin being positioned to be secured to an opposing portion of the flexible package (see Fig. 1).
Nocek further discloses the attachment area of the female fin is along the female base positioned between the first and second profile legs (see Figs. 1-3); the male fin is attached to the male profile member at the male base (see Figs. 1-3); the male profile member includes a male rib projection with a head remote from the male base and first and second, opposite side arms on opposite sides of the rib projection; the side arms providing for engagement recesses thereunder for locking engagement with portions of the first and second profile legs (see Figs. 1-3; col. 3, ll. 48 – col. 4, ll. 29); (a) the first profile leg has a first hook member;(b) the second profile leg has a second hook member; wherein when the male profile member is inserted in the receiver recess, the first and second hook member are received in respective ones of the engagement recesses to interlock (see Figs. 1-3; col. 3, ll. 48 – col. 4, ll. 29).
Nocek further discloses a flexible, recloseable package (10) comprising:(a) a recloseable zipper closure as set forth above and a first panel (10b) having a top edge; the female fin secured to the first panel along the top edge (see Fig. 1); and (c) a second panel (10a), opposing the first panel, having a top edge; the male fin secured to the second panel along the second panel top edge (see Fig. 1); wherein the first panel and second panel form a surrounding package wall having an interior volume (see Fig. 1).
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, 7, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nocek et al. (US 4791710, hereinafter ‘Nocek’) as applied to claim 5 above, and further in view of MacHacek (US 2006/0179620).
Nocek discloses all limitations of the claim(s) as detailed above and further including (a) the first profile leg (20/29) is positioned as a product-side leg and having the first hook member positioned closer to an interior of a flexible package, when the closure is secured to the flexible package (see Fig. 1); (b) the second profile leg (21/30) is positioned as a consumer-side leg and having the second hook member positioned away from the interior of the flexible package, when the closure is secured to the flexible package (see Fig. 1); (c) the first side arm on the male profile member is positioned as a product-side side arm, positioned closer to the interior of the flexible package, when the closure is secured to the flexible package, and positioned to engage with the product-side leg (see Figs. 1-4); (d) the second side arm on the male profile member is positioned as a consumer-side side arm, positioned away from the interior of a flexible package, when the closure is secured to the flexible package, and positioned to engage with the consumer-side leg (see Figs. 1-4); except does not expressly disclose the engagement between the product-side leg and product-side side arm is stronger than engagement between the consumer-side leg and consumer-side side arm.
However, MacHacek teaches a similar device wherein the engagement between the product-side leg and product-side side arm (@48) is stronger than engagement between the consumer-side leg and consumer-side side arm (@46).
Because Nocek and MacHacek both teach rib and groove closure mechanisms for the opening of a pouch, it would have been obvious to one of ordinary skill in the art to substitute the offset male engagement member taught by MacHacek for the symmetrical male engagement member taught by Nocek to achieve the predictable result of providing a secure and watertight closure as taught by MacHacek.
Nocek as modified above further discloses the male base includes a lock down feature (Nocek 46) to interfere with the second profile leg; the lock down feature comprises a protuberance extending from the male base toward the female profile (see Nocek Figs. 6, 7).
Claim(s) 14, 16, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nocek et al. (US 4791710, hereinafter ‘Nocek’) as applied to claim 1 above, and further in view of Savicki (US 6996879).
Nocek discloses all limitations of the claim(s) as detailed above except does not expressly disclose the slider engaging projections as claimed.
However, Savicki teaches a similar device wherein the female fin includes a first slider-engaging projection (157) extending away from the male fin, and being spaced from the female base and the first profile leg (see Fig. 3); and(b) the male fin includes a second slider-engaging projection (167) extending away from the female fin, and being spaced from the male base (see Fig. 3) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the slider and slider-engaging projections taught by Savicki to the closure taught by Nocek, in order to allow the bag to be opened/closed by a slider as taught by Savicki (col. 1, ll. 30-35).
Nocek as modified above results in a device including a slider (132) slidably located on the zipper closure; the slider including:(a) an opening end and an opposite closing end;(b) a top wall with an internal surface;(c) first and second legs extending from the top wall and enclosing the internal surface of the top wall;(i) the first and second legs having internal surfaces converging toward each other as they extend from the opening end to the closing end;(ii) the first leg having a first hook at a terminal end, extending in a direction toward the second leg;(iii) the second leg having a second hook at a terminal end, extending in a direction toward the first leg; and(d) a splitter extending from the internal surface of the top wall at the opening end; the first hook of the slider being engaged with the first slider-engaging projection; and the second hook of the slider being engaged with the second slider- engaging projection (see Fig. 3).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nocek et al. (US 4791710, hereinafter ‘Nocek’) as applied to claim 15 above, and further in view of Savicki (US 6996879).
Nocek discloses all limitations of the claim(s) as detailed above except does not expressly disclose the first and second panels being secured together along opposing side edges as claimed.
However, Savicki is one of myriad references teaching flexible bags being constructed wherein the first and second panels are secured together along opposite side edges (15, 126).
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to seal the edges as taught by Savicki on the bag taught by Nocek, in order to allow the bag to define an enclosed compartment as taught by Savicki (col. 2, ll. 24-31).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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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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/PETER N HELVEY/Primary Examiner, Art Unit 3734
April 27, 2026
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