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 .
Summary
This communication is a First Office Action Non-Final Rejection on the merits.
Claim(s) 1-33 is/are currently pending and considered below.
Election/Restrictions
Applicant’s election without traverse of claims 3-32 in the reply filed on 24 September 2025 is acknowledged.
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.
Claim(s) 5-6 and 25 is/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 pre-AIA the applicant regards as the invention.
Regarding claim 5, introduction of “which the web restraint is retained disengaged from the web” in the final line renders the claim indefinite because the limitation as written is unclear if it is a typographical error of “retained or disengaged from the web” (since the term “retained” is synonymous to “engaged”) or if it should be interpreted as “the web restraint continues to be disengaged”. For the purposes of examination, it will be interpreted as “the web restraint continues to be disengaged”.
Regarding claim 25, introduction of “assume an approximately hexagonal shape” renders the claim indefinite because the limitation what degree of resemblance falls under the scope of “approximately hexagonal shape”, especially for a bag-type material that is easily deformable during opening. For the purposes of examination, the bag showing 6 “corners” will be considered to assume an “approximately hexagonal shape”.
All dependent claims of the above claims inherit all of the limitations and thus are likewise rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 3-12 and 22-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hess (US 2020/0115082 A1).
Regarding claim 3, Hess discloses a bagging machine (Figs. 1-15I) for loading envelopes (11), comprising:
a web restraint (161) configured to engage a web at a restrained area (retrained area by 161 in Figs. 15E-I) thereon proximate a region of weakness (19) in the web that extends transversely and divides the web between a remainder portion (remainder portion 12 shown in Fig. 15F) and an envelope (11) and that is configured to promote tearing along the region of weakness to separate the envelope from the remainder portion (see Fig. 15F); and
a wall handling device (170) configured to engage at a pulling location (location engaged by 177 and 163 in Figs. 15A-I) a first wall of the envelope (first wall held by 177, Fig. 15A-F) that is overlayed on a second wall of the envelope (second wall held by 161, Fig. 15F) in a first position, the wall handling device being associated with the web restraint to move in an opening direction away from the restrained area to pull the engaged first wall away from the second wall and from the restrained remainder portion to form an opening in the first envelope through which an item can be inserted into an interior pocket of the envelope between the first and second walls (see 177/163 moving away to form an opening, Figs. 15A-F);
wherein the restrained area is sufficiently near the region of weakness in a longitudinal direction along the web to restrain the remainder portion against movement in the opening direction as the wall handling device pulls the first wall in the opening direction, thereby causing the second wall to tear progressively from the remainder portion as the wall handling device pulls the first wall in the opening direction (see 11 tearing progressively from 12, Fig. 15F).
Regarding claim 4, Hess discloses the bagging machine of claim 3, wherein the web restraint is operable to move from a restraint engaged position (see 161 in Figs. 15E/F/G) in which the web restraint is engaged with the web, to a restraint disengaged position, in which the web restraint is disengaged from the web to allow another remainder portion to be placed in position for subsequent engagement with the web restraint (see 161 in Figs. 15B/C/D).
Regarding claim 5, Hess discloses the bagging machine of claim 4, further comprising a sealer configured to close and seal the first and second walls together in a closure area to form a closure seal between the first and second walls (pressure plate 174; para 42-46);
wherein the web restraint is operable to be placed in a first restraint mode in which the web restraint is operable to move between the engaged (Figs. 15E/F/G) and disengaged positions (Figs. 15B/C/D), and in a second restraint mode in which the web restraint is retained disengaged from the web (Fig. 15A).
Regarding claim 6, Hess discloses the bagging machine of claim 5, further comprising a controller (310, Fig. 12) configured to operate the bagging machine and having:
a first controller mode in which the controller operates the web restraint in the first restraint mode and the sealer in a first sealer mode, in which the sealer applies a first set of sealing conditions to seal the first and second walls together, which first set is appropriate for sealing the first and second walls of a first material configuration; and
a second controller mode in which the controller operates the web restraint in the second restraint mode and the sealer in a second sealer mode, in which the sealer applies a second set of sealing conditions to seal the first and second walls together, which second set is appropriate for sealing the first and second walls of a second material configuration (para 4 and 30-33 describes wherein the machine can accommodate different material types).
Regarding claim 7, Hess discloses the bagging machine of claim 3, wherein the restrained area includes a first contact point (First contact point of left 161 in Fig. 15E) disposed nearer a first transverse edge (see the traverse edge tearing on the left, Figs. 15E) of the web than the pulling location to cause the second wall to tear progressively inward from the first outer edge when the wall handling device moves in the opening direction (Figs. 15E-F).
Regarding claim 8, Hess discloses the bagging machine of claim 7, wherein the web restraint comprises a transversely elongated restraint surface (elongated surface of 161) configured such that the restrained area is elongated along at least a portion of the region of weakness (see Fig. 15F).
Regarding claim 9, Hess discloses the bagging machine of claim 7, wherein the restrained area includes a second contact point (point of contact of right 161 in Fig. 15E) disposed nearer a second transverse edge (see the traverse edge tearing on the right, Figs. 15E) of the web than the pulling location to cause the second wall to tear progressively inward from the second transverse edge when the wall handling device moves in the opening direction (Figs. 15E-F).
Regarding claim 10, Hess discloses the bagging machine of claim 9, wherein the web restraint comprises first and second restraint portions that are rigidly connected to each other and are disposed for engaging the web at the first and second contact points (left and right 161 are rigidly connected and engaging at the first and second contact points, respectively; Figs. 15E-F).
Regarding claim 11, Hess discloses the bagging machine of claim 9, wherein the web restraint comprises first and second web restraint portions that are spaced from each other on opposite transverse sides from the pulling location (Figs. 15E-F).
Regarding claim 12, Hess discloses the bagging machine of claim 9, wherein the first and second contact points are disposed proximate the first and second transverse edges of the web (Figs. 15E-F).
Regarding claim 22, Hess discloses the bagging machine of claim 3, wherein the web includes a series of envelopes (Fig. 3), each separated from each other by regions of weakness (19), the bagging machine further comprising a web advancer (42, Fig. 1) configured to advance the web to position subsequent envelopes in a loading position for engagement by the wall handling device and the web restraint (para 32).
Regarding claim 23, Hess discloses a bagging system (Fig. 1), comprising:
the bagging machine of claim 3; and
the web (11).
Regarding claim 24, Hess discloses the bagging system of claim 23, wherein the web, the wall handling device, and the web restraint are configured such that the second wall is torn along the region of weakness from the remainder portion as an angle of at least 30° as the web handling device pulls the front wall in the opening direction (See Fig. 15F where the angle is much greater than 30 degrees).
Regarding claim 25, Hess discloses the bagging machine of claim 24, wherein the web, the wall handling device, and web restraint cause the opening to assume an approximately hexagonal shape as the web handling device pulls the front wall in the opening direction (See 112(b) rejection above; as the bag tears open in Fig. 15E there will be 6 corners forming – 2 at the points of tear, 2 at the points of bag’s edges, and 2 at 182).
Regarding claim 26, Hess discloses the system of claim 23, wherein the first and second walls of the envelope comprise paper (envelope is made of paper).
Regarding claim 27, Hess discloses the system of claim 23, wherein the web includes a longitudinal seal extending along the web proximate a transverse edge of the web, a portion of the longitudinal seal fixing the first and second walls of the envelope to each other (seal 18).
Regarding claim 28, Hess discloses the system of claim 27, wherein the portion of the longitudinal seal extends along less an entirety of a length of the first envelope so that the longitudinal seal is interrupted between the first envelope and the regions of weakness (Fig. 3).
Regarding claim 29, Hess discloses the system of claim 23, wherein the web includes a sealing material configured to form a closure seal that seals the first and second walls of the first envelope together in a closure area (145, para 58).
Regarding claim 30, Hess discloses the system of claim 29, wherein the sealing material is a heat-activatable material (para 58).
Regarding claim 31, Hess discloses the system of claim 23, wherein the envelope has a transversely-extending cut formed therein and defining an upper edge of the first wall, the transversely-extending cut being formed at a longitudinal position along the web proximate the longitudinal position of the line of weakness (18 proximate 19, Fig. 3).
Regarding claim 32, Hess discloses the system of claim 30, wherein the pulling location is located proximate the upper edge of the first wall. (Figs. 15E-F)
Allowable Subject Matter
Claim(s) 13-21 is/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.
The following is a statement of reasons for the indication of allowable subject matter:
The claims in this application have been allowed because the prior art of record fails to disclose or make obvious the claimed invention including the following features:
Claim 13, “the wall handling device is configured to close the bag by moving the first and second walls towards each other adjacent the opening after loading of the envelope; and
the bagging machine further comprises a seal flattener configured to engage the web to smooth a sealing region on the first envelope as the web handling device moves the first and second walls towards each other to reduce or eliminate wrinkles in a closure area where the first and second walls are brought together.”
The closest prior art of record, Hess, fails to disclose above limitation. Other prior art of record (see PTO-892 mailed herewith), fails to make obvious Hess’s deficiencies.
The combination of the claimed limitations are novel and found to be allowable over the prior art. The cited references taken singly or in combination do not anticipate or make obvious the Applicant's claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892 Notice of References Cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Himchan Song whose telephone number is (571)272-4142. The examiner can normally be reached M-Th 9:00 a.m. - 4:30 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571) 270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIMCHAN SONG/Examiner, Art Unit 3731