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 § 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(s) 1, 4, 5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cobler (US 2016/0031610).
Regarding claim 1, Cobler discloses a thermoplastic bag (Fig. 20) comprising: a first sidewall and an opposing second sidewall of a thermoplastic material, the first and second sidewalls (102, 104) connected at a bottom fold and at opposing first and second side edges; a top opening formed by the first and second sidewalls opposite the bottom fold; and the top opening comprising a first top edge of the first sidewall folded over and secured by a first hem seal (1972) to form a first hem channel, wherein: the first hem seal extends between the first and second side edges of the first sidewall with a substantially uniform width on a first surface of the first sidewall, and the first hem seal extends between the first and second side edges of the first sidewall with a variable width on a second surface of the first sidewall opposite the first surface. See Fig. 20.
Regarding claim 4, the first hem seal comprises a lamination gradient (concave shape) such that a lamination strength of the first hem seal decreases in a direction extending away from a central longitudinal axis of the first hem seal. See Fig. 4.
Regarding claim 5, a stress concentration induced by the first hem seal on first sidewall is capable of decreasing in the direction extending away from the central longitudinal axis of the first hem seal (as a result of the shape and pressure).
Regarding claim 7, the first hem seal comprises a non-linear pattern extending between the first and second side edges of the first sidewall. See Fig. 20.
Regarding claim 8, a second hem seal (1974) forms a second hem channel by securing a second top edge of the second sidewall folded over at the top opening. See Fig. 20.
Regarding claim 9, the first hem seal is formed of one or more contact areas. See Fig. 20.
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) 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Cobler as applied above in further view of Boyd (US 4,558,463).
Regarding claim 2, Cobler does not disclose the seals formed as claimed. Boyd, which is drawn to a bag, discloses a first hem seal formed by simultaneous application of heat and pressure. See col. 3, ll. 12-27. Thus, it 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 form the hem seals of Cobler as disclosed by Boyd in order to create a strong and secure hem seal.
Regarding claim 3, as modified above, the first hem seal can be formed by heat applied to the first surface while pressure is applied between the first and second surfaces.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Cobler as applied above in further view of Borchardt (US 20120134606).
Regarding claim 6, Cobler does not disclose the hem seal as claimed. Borchardt, which is drawn to a bag, discloses a first hem seal that is configured to separate before the thermoplastic material of the first sidewall fails when subjected to peel forces. See [0032]. Thus, it 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 to have the first hem seal of Cobler be configured to separate before the thermoplastic material of the first sidewall fails when subjected to peel forces, as disclosed by Borchardt, in order to prevent the bag from failing at certain areas.
Allowable Subject Matter
Claims 10-20 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
Prosecution Insights