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 .
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 1-2, 6, 9-10 and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Remus et al. (12,178,692)(based on its earlier publication and filing dates)(Figures 12A and 12B or 13A and 13B). Remus et al. disclose a package (1) comprising one or more absorbent articles (as disclosed) comprising a package material comprising natural fibers (see column 2, lines 13-15), the package material forms a front panel (14), a back panel (15) opposite the front panel, a first side panel (12), a second side panel (13) opposite the first side panel, a top panel (11) and a bottom panel (10) opposite the top panel, wherein the panels define an interior compartment of the package and wherein the one or more absorbent articles are disposed in the interior compartment, the package comprises a primary seal (defining 11c) and the package is sealed by the primary seal such that the one or more absorbent articles are enclosed within the interior compartment, wherein the package comprises a secondary closing element (see column 25, lines 37-50) and the secondary closing element is reclosable, and wherein the secondary closing element is located in between two gussets (11b, 11b) of the top panel.
As to claim 2, Remus et al. disclose the package material has a basis weight between 50 gsm and 120 gsm (see column 2, lines 13-31).
As to claim 6, Remus et al. disclose the secondary closing element (see column 25, lines 35-50) selected from the group of an adhesive, a cohesive and a mechanical fastener.
As to claim 8, Remus et al. disclose the secondary closing element (see column 25, lines 35-50) is closable after first opening of the primary seal (at 700 or at 60).
As to claim 9, Remus et al. disclose the package is sealed by the primary seal (at 11c) such that the secondary closing element (see column 25, lines 3-50) is adjacent the primary seal, including enclosed within the package.
As to claim 10, Remus et al. disclose the secondary closing element (see column 25, lines 35-50) is located closer to the one or more absorbent articles (as disclosed; 100) than the primary seal.
As to claim 12, Remus et al. disclose the secondary closing element (see column 25, lines 37-50) to be complete would extend 100% of the distance between the two gussets (11c and 11c).
As to claims 13 and 14, Remus et al. disclose a weakened region (700) disposed in the packaging material to form an opening, with the weakened region located between the primary seal (11c) and the secondary closing element (see column 25, lines 37-50 located adjacent internally).
As to claim 15, Remus et al. disclose the package material comprises at least 50 percent by weight natural fibers (see column 5, lines 21-33).
As to claim 16, Remus et al. disclose the package material has a recyclable percentage between 60 percent and 99.9 percent (see column 7, lines 16-36).
As to claim 17, Remus et al. disclose the package (1) as a bag comprising five surfaces (10 and 12-15), an open end (at 11 prior to rendering 11c) opposite the first bottom surface (10) and one of the remaining surfaces (11) comprising the secondary closing element (see column 25, lines 37-50).
As to claims 18 and 20, Remus et al. disclose two or more surfaces selected from one of the five surfaces comprises adhesive to form the primary seal (closing 11).
As to claim 19, Remus et al. each disclose the surface opposing the surface comprising the secondary closing element being inherently receptive to receiving a label.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Remus et al. as applied to claim 1 above, and further in view of Moehlenbrock (8,822,618). Remus et al. disclose the primary seal (defining 11c) to be adhesive and the secondary closing element (see column 25, lines 35-50) to be adhesive, but not of the particular peel strength. However, Moehlenbrock discloses the recited peel strengths of 50 mN/mm (about 129gram/inch) and 500 mN/mm (about 2.84 pounds/inch) to be within a range of conventional peel strengths (25 grams/inch to 5 pounds/inch, see column 3, lines 48-49). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the package of Remus et al. with adhesive with a desired peel strength for a desired effect in the manner of Moehlenbrock as claimed, as such a modification would predictably provide a peel force within a conventional range as evidenced by Moehlenbrock.
As to claim 5, to maintain or only slightly lose peel force over use is also a normal expected to one of ordinary skill in the art.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 1 above, and further in view of Wehrmann (2013/0308883). Remus et al. each disclose the reclosable secondary closing element (see column 25, lines 37-50) to possibly be adhesive, but not a double-sided tape. However, Wehrmann discloses a reclosable closing element comprising a double-sided adhesive tape (see paragraph 0102). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the package of either one of Remus et al. and Zimmer et al. with reclosable adhesive as a double-sided adhesive tape in the manner of Wehrmann as claimed, as such a modification would predictably provide a reclosable closing element of conventional construction.
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any limitation applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The new grounds of rejection employing other embodiments of Remus et al. meet the limitations now set forth.
This action has been made non-final in view of the slight change in grounds of rejection employing Remus et al. and the dropping of Zimmer et al., which requires a change in grounds of rejection.
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles, can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG
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