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 .
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.
Claims 1-2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 20030062282 A) in view of Luccheseus (US 2017/0144800).
Regarding claims 1-2 and 7, Lee discloses a spout pouch (see fig.1, see attached translation [0011]) comprising: a front side film (11); a rear side film (12); a first gusset film (13) thermally sealed to the front side film and the rear side film by using a first side seal (via 15); a second gusset film (14) disposed facing the first gusset film in a front-back direction with a content liquid accommodating portion interposed between the first gusset film and the second gusset film (see container body 10), the second gusset film being thermally sealed to the front side film and the rear side film by using a second side seal (via 15); a spout (20, 16) attached to the first gusset film; wherein the first gusset film includes a first front side sealing region thermally sealed to the front side film at the first side seal, a first rear side sealing region thermally sealed to the rear side film at the first side seal, and a first non-sealing region serving as a region inside the first front side sealing region and the first rear side sealing region (see sealed area of the films 13 associated with 20 and 16), the first non-sealing region includes a first front side outer edge serving as a boundary with the first front side sealing region, and a first rear side outer edge serving as a boundary with the first rear side sealing region, each of the first front side outer edge and the first rear side outer edge includes a first base edge portion, the first base edge portion of the first front side outer edge and the first base edge portion of the first rear side outer edge being disposed spaced apart from each other in a front-rear direction, and a first upper side inclined edge portion extending from an upper end of the first base edge portion to a first upper end coupling portion coupling an upper end of the first front side outer edge and an upper end of the first rear side outer edge (see the layout of the film under 16 in conjunction to the upper side of 13), the second gusset film includes a second front side sealing region thermally sealed to the front side film at the second side seal, a second rear side sealing region thermally sealed to the rear side film at the second side seal, and a second non-sealing region serving as a region inside the second front side sealing region and the second rear side sealing region, the second non-sealing region includes a second front side outer edge serving as a boundary with the second front side sealing region, and a second rear side outer edge serving as a boundary with the second rear side sealing region, each of the second front side outer edge and the second rear side outer edge includes a second base edge portion, the second base edge portion of the second front side outer edge and the second base edge portion of the second rear side outer edge being disposed spaced apart from each other in the front-rear direction, and a second upper side inclined edge portion extending from an upper end of the second base edge portion to a second upper end coupling portion coupling an upper end of the second front side outer edge and an upper end of the second rear side outer edge (see the layout of the film opposite to 16 in conjunction to the upper side of 14), at least a portion of a flange of the spout is disposed facing a region between the first upper side inclined edge portion of the first front side outer edge and the first upper side inclined edge portion of the first rear side outer edge (see shape of 20 at connection point area 16 to the bag 1), and the second side seal includes a second side sealing region positioned on a side of the second base edge portion and a second upper side sealing region positioned more upward than the second side sealing region (see location of the flange 16 on the upper side of 13).
Lee is silent in disclosing a grip-use film penetrating portion configured to be gripped by a user; at least a part of the grip-use film penetrating portion is formed in the second upper side sealing region; and at least a part of the grip-use film penetrating portion is formed in each of the second upper side sealing regions at both sides in the front-rear direction, and a fixing control portion fixing the second upper side sealing regions at the both sides in the front-rear direction to each other is provided. However, Luccheseus teaches the commonality of a grip-use film penetrating portion configured to be gripped by a user; at least a part of the grip-use film penetrating portion is formed in the second upper side sealing region (see location of 4 in fig.2); and at least a part of the grip-use film penetrating portion is formed in each of the second upper side sealing regions at both sides in the front-rear direction, and a fixing control portion fixing the second upper side sealing regions at the both sides in the front-rear direction to each other is provided (see sealing area of 4 on the front rear direction in fig.2). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add a penetrating grip as taught by Luccheseus to the second upper side sealing region of the pouch of Lee, in order to carry and operate the dispenser conveniently.
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.
Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (KR 20030062282 A).
Lee discloses a spout pouch (see fig.1, see attached translation [0011]) comprising: a front side film (11); a rear side film (12); a first gusset film (13) thermally sealed to the front side film and the rear side film by using a first side seal (via 15); a second gusset film (14) disposed facing the first gusset film in a front-back direction with a content liquid accommodating portion interposed between the first gusset film and the second gusset film (see container body 10), the second gusset film being thermally sealed to the front side film and the rear side film by using a second side seal (via 15), and a spout (20, 16) attached to the first gusset film, wherein the first gusset film includes a first front side sealing region thermally sealed to the front side film at the first side seal, a first rear side sealing region thermally sealed to the rear side film at the first side seal, and a first non-sealing region serving as a region inside the first front side sealing region and the first rear side sealing region (see sealed area of the films 13 associated with 20 and 16), the first non-sealing region includes a first front side outer edge serving as a boundary with the first front side sealing region, and a first rear side outer edge serving as a boundary with the first rear side sealing region, each of the first front side outer edge and the first rear side outer edge includes a first base edge portion, the first base edge portion of the first front side outer edge and the first base edge portion of the first rear side outer edge being disposed spaced apart from each other in a front-rear direction, and a first upper side inclined edge portion extending from an upper end of the first base edge portion to a first upper end coupling portion coupling an upper end of the first front side outer edge and an upper end of the first rear side outer edge (see fig.1, the top and bottom section of the front gusset 13), the second gusset film includes a second front side sealing region thermally sealed to the front side film at the second side seal, a second rear side sealing region thermally sealed to the rear side film at the second side seal, and a second non-sealing region serving as a region inside the second front side sealing region and the second rear side sealing region, the second non-sealing region includes a second front side outer edge serving as a boundary with the second front side sealing region, and a second rear side outer edge serving as a boundary with the second rear side sealing region, each of the second front side outer edge and the second rear side outer edge includes a second base edge portion, the second base edge portion of the second front side outer edge and the second base edge portion of the second rear side outer edge being disposed spaced apart from each other in the front-rear direction, and a second upper side inclined edge portion extending from an upper end of the second base edge portion to a second upper end coupling portion coupling an upper end of the second front side outer edge and an upper end of the second rear side outer edge (see fig.1, the top and bottom section of the rear gusset 14), at least a portion of a flange of the spout is disposed facing a region between the first upper side inclined edge portion of the first front side outer edge and the first upper side inclined edge portion of the first rear side outer edge (see location of 20 and 16 and the flange in fig.1), a top seal fixing the front side film and the rear side film between the first side seal and the second side seal in the front-back direction is provided (see top marked area 15), the top seal includes a top seal inner edge facing a side at which the content liquid accommodating portion is provided (see top marked area 15), and the top seal inner edge includes a portion downwardly inclined from a side at which the first upper end coupling portion is provided toward a side at which the second upper end coupling portion is provided, and is formed to couple the first upper end coupling portion and the second upper end coupling portion (see fig.1).
Allowable Subject Matter
Claims 3-6 and 8 are 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.
State of the Prior Arts
Regarding claim 1, the prior arts to Lee (KR 20030062282 A), Luccheseus (US 2017/0144800), Hibino (JP H1095461 A), Sullivan (US 2005/0220369), Hartley (US 9,463,969) and Kenmotsu (US 2015/0125097) as cited in PTO-892 are also citing significant pertinent structures or features to the applicant’s claimed invention with regard to a spout pouch having front and rear films with a gusset on the side of the pouch or the films, additionally the pouch having a spout and grip holding area on the upper side of the gusset. It appears that claim 1 does not provide any inventive concept over the cited prior arts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob Zadeh whose telephone number is (571)270-5201. The examiner can normally be reached Monday-Friday 8am-4pm E.
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/BOB ZADEH/Primary Examiner, Art Unit 3754
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