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 .
Status of Claims
This office action is responsive to claims filed on April 8, 2026
Claim 1 is amended.
Claims 9 and 10 are cancelled.
Claims 1-8 and 11-20 are pending.
Claims 12-20 are withdrawn.
Claims 1-8 and 11 are being examined in this office action.
Election/Restrictions
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 8, 2026.
Applicant’s election without traverse of claims 1-8 and 11, in the reply filed on April 8, 2026, is acknowledged.
Claim Objections
Claim 7 is objected to because of the following informalities: (Claim 7, line 3) recites, “a bear0ing unit of the closure device (10),” and should read -- a bearing unit of the closure device (10). Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the bearing unit of the closure device, as recited in line 3 of claim 7, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to claim 1, the language “in a region of the closure seam…in the region of the closure seam…an inner region of the closure seam…two outer regions of the closure seam” can be found in the specification, however the specification does not appear to provide metes/bounds or define what is meant by “region.” Thus, the language is deemed relative and renders the claim indefinite. Claims 2 and 4 recite similar language, and therefore have similar issues.
For purposes of examination, Examiner has deemed “region” to mean in the general vicinity of.
Claim 1 recites the limitation "the closure seam" in lines 5, 7, 8, and 9. There is insufficient antecedent basis for this limitation in the claim. Claim 1, line 2 recites “at least one closure seam,” and thus any following recitations should read: the at least one closure seam. Claims 2-5 recite similar language, and therefore have similar issues.
Claims 6-8 and 11 are rejected as being dependent upon a rejected base claim.
Allowable Subject Matter
Examiner notes that no prior art has been applied to claims 1-8 and 11. However, claims 1-8 and 11 are rejected under 35 U.S.C. 112(b). In addition, claim and drawing objections have also been made.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith (US 6,230,781 B1, herein Smith) discloses a packaging machine device comprising: at least one closure device (30) for producing at least one closure seam (lateral crimping at ends which forms individually sealed packages, 16a, Fig. 1) on at least one packaging material (12), and a forming device (22) configured to form the packaging material (12), which has been pre-formed into a tubular bag, in a region of the closure seam.
Crawford et al. (US 3,943,686, herein Crawford).discloses a packaging machine device (Fig. 2) comprising at least one closure device (C) for producing at least one closure seam on at least one packaging material (W), and a forming device (Figs. 2 and 14) configured to form the packaging material (W), which has been pre-formed into a tubular bag, in a region of the closure seam.
However, neither Smith or Crawford expressly discloses wherein the forming device is configured to form the packaging material in the region of the closure seam at least partly before a production of the closure seam, starting from an inner region of the closure seam in a direction towards two outer regions of the closure seam.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRAACHI M. PATHAK whose telephone number is (571)272-8005. The examiner can normally be reached Monday & Tuesday 8:30 am-5:30 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Praachi M Pathak/Primary Examiner, Art Unit 3731
August 11, 2026
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