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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-12, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taglini (US 20210053736 A1) in view of Chen (US 20070138204 A1).
Taglini discloses:
1. A sealed single-dose package with a break opening (figs 1-11), comprising a multi-layer semi-rigid sheet (2) having comprising a rear face and an opposite front face (bottom and top surface), and comprising a carrier layer having said rear face (layer adjacent 13),; a flexible sheet (3), having comprising an inner face and an outer face (inside and outside portion), superimposed on the multi-layer semi-rigid sheet so that the inner face faces the front face (paragraph 19), and welded to the front face of the multi-layer semi-rigid sheet (paragraph 19) so as to form an inner pocket (4) for containing one dose of a product (capable of performing the above intended use); an outer incision extending along an incision direction made in the rear face of the multi-layer semi-rigid sheet (9), adapted to guide upon a bending of the sealed single-dose package a breakage of the first multi-layer semi-rigid sheet to form an opening for the product contained in the inner pocket to escape (capable of performing the above intended use); and an inner incision extending along the incision direction, made in the front face of the multi-layer semi-rigid sheet (adjacent 11);
With the exception of the following which is disclosed by Chen: wherein the inner pocket has a narrow portion aligned with said outer incision (paragraph 44). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Taglini in view of Chen (by including a narrow portion in the above manner) in order to promote efficient expulsion. Further, Chen discloses paper, cardboard or other predominantly cellulose-based material (paragraphs 41, 60). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Taglini in view of Chen (by providing the above materials) in order to provide a known material that is capable of being recycled while also supporting desired contents in a flexible manner.
With respect to Applicant’s amendment to claim 1, the Office notes that the prior art discloses wherein said flexible sheet comprises an outer layer having said outer face (Taglini 14), and wherein said outer layer, which is single-layer or multi-layer, comprises paper, cardboard or other predominantly cellulose-based material (Chen paragraphs 41, 60; the Office notes that Applicant provides that the outer layer may comprise one layer or multiple layers; furthermore, Chen discloses cellulose as well as paper materials). The above materials are well known to provide desired characteristics such as flexibility, durability, cost-effectiveness, protection, etc. Though not required the Office notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the material because it has been held that selection of a known material on the basis of its suitability for the intended use was an obvious extension of the prior teaching. In re Leshin, 125 USPQ 416.
The Combined Reference discloses:
2. wherein the inner incision is aligned, superimposed, with the outer incision (paragraphs 35-37 Taglini).
3. wherein the flexible sheet comprises a crease, namely a fold, at the narrow portion (Taglini paragraph 37).
4. wherein the multi-layer semi-rigid sheet (2) has comprises a pair of weakened portions at the narrow portion of the inner pocket, aligned with the outer incision, on both sides of the outer incision (Taglini adjacent 16).
5. wherein each weakened portion consists of at least one incision (Taglini paragraphs 37-40).
6. wherein each weakened portion consists of a recess obtained along a peripheral edge of the multi-layer semi-rigid sheet, and wherein said weakened portions are arranged centrally with respect to the sealed single-dose package, which takes an hourglass shape (the Office notes that the device includes narrow portions of which would provide recessed and an hourglass shape).
7. wherein the multi-layer semi-rigid sheet comprises a pair of weakened portions in a form of recesses followed by a pair of weakened portions in a form of incisions both the incisions and the recesses being aligned with the outer incision, on both sides of the outer incision (Taglini adjacent 16, paragraphs 37-40).
8. wherein said recesses are triangular in shape with a tip pointing toward the outer incision (the Office notes that the device includes narrow portions of which would provide the above shape with a tip).
9. wherein the flexible sheet is welded to the multi-layer semi-rigid sheet by a weld comprising a peripheral portion which follows a peripheral edge of the multi-layer semi-rigid sheet and a pair of protruding portions, and wherein said protruding portions are arranged facing each other, are aligned with said outer incision made in the multi-layer semi-rigid sheet, and extend towards the inner pocket which takes an hourglass shape (the Office notes that the device includes narrow portions of which would provide recesses, protruding portions and an hourglass shape, and further discloses welds paragraph 19 Taglini).
10. wherein the multi-layer semi-rigid sheet comprises a pair of weakened portions at the narrow portion of the inner pocket, aligned with the outer incision, on both sides of the outer incision, and wherein said weakened portions are made at the protruding portions of the weld (Taglini adjacent 16, paragraphs 37-40).
11. wherein the multi-layer semi-rigid sheet comprises a barrier layer suited for forming a barrier to passage of gas and/or vapor (Taglini 15).
12. wherein the barrier layer has a micro-hole separated from an external environment by an interposition of a portion of the barrier carrier layer (Chen adjacent 23).
14. wherein the inner pocket has a maximum width (width of pocket), and the narrow portion has a width between 20% and 95% of the maximum width. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference (by providing the above) in order to provide a desired expulsion rate depending on the desired contents. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a specific range because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges was an obvious extension of the prior teachings. In re Aller, 105 USPQ 233.
Re claim 15, as discussed above, the applied prior art teaches the product as claimed. To the extent that the claimed product performs the claimed method, the prior art product performs the method steps, as claimed.
Response to Arguments
Applicant's arguments filed 04/13/2026 have been fully considered but they are not persuasive. Applicant states that “In Chen, any such cellulose based materials are exclusively referred to in relation to the rigid base or the dispensing member (50) (e.g., a spatula-like foam or paper layer for spreading the product)...Moreover, Chen does not teach or suggest utilizing paper or cardboard for the flexible sheet (bladder material) itself. In Chen, the bladder (30) must typically be suitable for containing and then expelling fluid under pressure, and there is no teaching or suggestion that the outer flexible layer should be cellulose-based.” It appears that Applicant has failed to consider the language selected by Applicant, such as “single layer or multi-layer”. Furthermore, the element in the prior art includes paper on an outer layer as the layer is on the outside of the device. For example, with respect to Applicant’s amendment to claim 1, the Office notes that the prior art discloses wherein said flexible sheet comprises an outer layer having said outer face (Taglini 14), and wherein said outer layer, which is single-layer or multi-layer, comprises paper, cardboard or other predominantly cellulose-based material (Chen paragraphs 41, 60; the Office notes that Applicant provides that the outer layer may comprise one layer or multiple layers; furthermore, Chen discloses cellulose as well as paper materials). The above materials are well known to provide desired characteristics such as flexibility, durability, cost-effectiveness, protection, etc. Though not required the Office notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the material because it has been held that selection of a known material on the basis of its suitability for the intended use was an obvious extension of the prior teaching. In re Leshin, 125 USPQ 416. Accordingly, Applicant/Appellant has not demonstrated error in the factual findings or reasoning set forth by the Office and the Office must maintain the rejection.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
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