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 without traverse of Species 3, Figure 6A in the reply filed on 2/18/2026 is acknowledged.
Claims 4, 7, 8, 10, 13, and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/18/2026.
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, 6, 9, 11, 12, 14, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Borchardt et al. (US 2014/0334749, hereinafter ‘Borchardt’).
Borchardt discloses a thermoplastic bag comprising: an outer first thermoplastic bag comprising first and second opposing sidewalls joined together along a first side edge, an opposite second side edge, an open first top edge, and a closed first bottom edge; an inner second thermoplastic bag positioned within the outer first thermoplastic bag, the inner second thermoplastic bag comprising third and fourth opposing sidewalls joined together along a third side edge, an opposite fourth side edge, an open second top edge, and a closed second bottom edge (see Figs. 9, 10 for example bag; Fig. 13B showing double layers, resulting in the bag-in-bag configuration claimed); a region in the first sidewall and the third sidewall comprising a plurality of deformations; a plurality of bonds joining the first sidewall to the third sidewall, the plurality of bonds aligned with the plurality of deformations (see Fig. 13B, 23); and a subregion within the region, wherein bonds of the plurality of bonds between the first sidewall and the third sidewall in the subregion are broken, wherein the subregion has a greater puncture resistance than portions of the region comprising intact bonds (see Fig. 23, section 498 subregion; para 0150 describes broken bonds and increased puncture resistance).
Borchardt further discloses the subregion is adjacent a closure mechanism of the thermoplastic bag (see Fig. 23); the subregion is adjacent the first side edge and the third side edge (see Fig. 23); the plurality of deformations are arranged in a diamond pattern (see Fig. 23).
Borchardt further discloses a thermoplastic bag comprising: a first multi-film sidewall comprising a first thermoplastic film layer and a second thermoplastic film layer; a second multi-film sidewall comprising a third thermoplastic film layer and a fourth thermoplastic film layer (see Figs. 9, 10 for example bag; Fig. 13B showing double layers, resulting in the mullti-layered configuration claimed); a first region in the first multi-film sidewall (488), the first region comprising: a first plurality of deformations in both the first and second thermoplastic film layers and a first plurality of bonds joining the first thermoplastic film layer to the second thermoplastic film layer, the plurality of bonds being aligned with the plurality of deformations (see Figs. 18, 19), the first region comprising a first puncture resistance; and a second region in the first multi-film sidewall (498), the second region comprising a second plurality of deformations in both the first and second thermoplastic film layers, wherein: the second region is devoid of bonds joining the first thermoplastic film layer to the second thermoplastic film layer; andthe second region has a second puncture resistance that is greater than the first puncture resistance of the first region (see Fig. 23, section 498 subregion; para 0150 describes lack of bonds and increased puncture resistance).
Borchardt further discloses a closure mechanism (440, 470) along a top of the thermoplastic bag, wherein: the closure mechanism is configured to selective close the thermoplastic bag; and the first region is adjacent the closure mechanism (see Fig. 23); the second region is adjacent the bottom of the thermoplastic bag (see Fig. 23); the first region is larger than the second region (see Fig. 23); the second region comprises less than half of a total area of the first multi-film sidewall (see Fig. 23); and the first and second plurality of deformations comprise SELF'ing deformations (see Figs. 18, 19; para 0057).
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) 2, 3, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borchardt et al. (US 2014/0334749, hereinafter ‘Borchardt’).
Borchardt discloses all limitations of the claim(s) as detailed above except does not expressly quantify the exact difference in increased puncture resistance as claimed.
However, it is noted that the general knowledge of those having ordinary skill in the art prior to the invention by applicant includes the ability/knowledge to pick a particular amount of increased puncture resistance desired for the intended use and characteristics of the device and modify the design accordingly.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the second region have specifically 10 percent or 25 percent higher puncture resistance, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
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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/PETER N HELVEY/Primary Examiner, Art Unit 3734
April 28, 2026
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