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 Species 2 in the reply filed on 2/10/2026 is acknowledged. The traversal is on the ground(s) that the claims do not recite the mutually exclusive characteristics of the Species. This is found persuasive and the requirement is withdrawn.
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) 12-14, 21-26, and 28-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cui (WO 2015/058427).
Cui discloses a zipper assembly for a resealable enclosure, the zipper assembly comprising: an elongated flange (1) having a first side and an opposite second side, at least one of the first side or the second side configured to be coupled with an inner surface of a panel of the resealable enclosure (Fig. 3); an interlocking element (3) protruding from the flange, the interlocking element shaped to mate with another interlocking element (2) of another flange to close the enclosure and shaped to be pulled apart to open the enclosure; and a tear strip (4) configured to be pulled to tear through the panel of the resealable enclosure to provide access to the zipper assembly inside the enclosure (Fig. 4), the tear strip located between opposing edges of the flange with gaps between each of the opposite edges and the tear strip (Fig. 2).
Cui further discloses the flange includes a recess with an interconnecting web extending across the recess from one of the opposing edges of the flange to another of the opposing edges of the flange (between 5s, see Fig. 2); the flange includes flange portions (5s) on opposite sides of the tear strip that are spaced apart from the opposing edges of the flange by the gaps (Fig. 2).
Cui further discloses a zipper assembly for a resealable enclosure, the zipper assembly comprising: a first elongated flange (right side of 1) having a first panel side and a first facing side, the first panel side positioned to be coupled with an inner surface of a first panel of the resealable enclosure (Fig. 3), the first facing side positioned to face away from the inner surface of the first panel to which the first side is coupled; a second elongated flange (left side of 1) having a second panel side and a second facing side, the second panel side positioned to be coupled with an inner surface of a second panel of the resealable enclosure (Fig. 3), the second facing side positioned to face away from the inner surface of the second panel to which the second panel side is coupled; a first interlocking element (3) protruding from the first facing side of the first elongated flange; and a second interlocking element (2) protruding from the second facing side of the second elongated flange, the first interlocking element shaped to mate with the second interlocking element to close the resealable enclosure and to be pulled apart to open the resealable enclosure (Fig. 3); and wherein the first elongated flange includes a recess in which a tear strip (4) is disposed with a gap between each of opposite edges of the tear strip (between 5s), the tear strip configured to be pulled to tear through the first panel of the resealable enclosure to provide access to the zipper assembly inside the enclosure (Fig. 4).
Cui further discloses the tear strip is thinner than the first flange (4 thinner than 5s); the first elongated flange includes a thinner connecting web extending across the recess in the first elongated flange (portion between 5s); the tear strip is on the thinner connecting web (Fig. 3); the tear strip on the thinner connecting web does not project beyond the first panel side of the first elongated flange (Fig. 3, 4 does not extend past 5s); the tear strip and the thinner connecting web is no thicker than the first elongated flange (Fig. 3).
Cui further discloses a zipper assembly for a resealable enclosure, the zipper assembly comprising: an elongated flange (right side of 1) configured to be coupled with an inner surface of a panel of the resealable enclosure, the flange including a recess (between 5s); an interlocking element protruding from the flange (3), the interlocking element shaped to mate with another interlocking element of another flange to close the enclosure and shaped to be pulled apart to open the enclosure; and a tear strip (4) disposed within the recess of the flange, the tear strip configured to be pulled to tear through the panel of the resealable enclosure to provide access to the zipper assembly inside the enclosure (Fig. 4).
Cui further discloses the flange has a panel side configured to be coupled with the inner surface of the panel and an opposite facing side that faces away from the inner surface of the panel while the panel side is coupled with the inner surface of the panel, the flange including an interconnecting web extending across the recess (between 5s); the tear strip is coupled with the interconnecting web (Fig. 4); a combined thickness of the tear strip and the interconnecting web is no thicker than the flange (Fig. 2); opposite edges of the tear strip are spaced apart from the flange by gaps (Fig. 2); the tear strip is thinner than the flange (Fig. 2); the tear strip does not project beyond the flange (Fig. 2, 4 does not extend past 5s).
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) 27 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cui (WO 2015/058427).
Cui discloses all limitations of the claim(s) as detailed above except does not expressly disclose the particular materials of construction as claimed.
However, it is noted that each of the claimed materials was known in the art prior to the invention by applicant.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to use polypropylene and cyclic olefin copolymer in the construction of the Cui device, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Allowable Subject Matter
Claim 15 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.
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
May 19, 2026
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