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, 3-7, 9-12, 14, 17-19, 22, 26 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rabiea (US 2021/0120926).
Regarding claim 1, Rabiea discloses a plastic carrier bag with a bottom end and an opposite opening end, comprising: a front wall (101) and a rear wall (103), each with a first side edge and an opposite second side edge, and an opening edge, a first (105) and an opposite second side wall (other 105) each with a first and an opposite second side edge and an opening edge, wherein the first and the second side wall are configured single-layered or multi-layered, and at least one holding loop (111a, 111b) connected to the front wall and/or at least one holding loop connected to the rear wall, each with a first and a second connecting region (113), wherein the front and the rear wall are configured single-layered or multi-layered, wherein the front and the rear wall are formed continuously, and merge into one another at a transition (at 107) at the bottom end by way of folding over, wherein the first side wall is welded in a region (Fig. 1, bottom) of its first side edge to the front wall, and in a region (Fig. 4A, bottom) of the second side edge to the rear wall, wherein the second side wall is welded in a region (Fig. 4B, bottom) of its first side edge to the front wall, and in a region (Fig. 4B, bottom) of the second side edge to the rear wall, wherein a first weld seam (222) connecting the first side wall and the front wall extends at an angle spaced apart from or from the weld connecting the first side wall and the front wall in the direction of or up to the transition, wherein a second weld seam (121) connecting the first side wall and the rear wall extends at an angle spaced apart from or from the weld connecting the first side wall and the rear wall in the direction of or up to the transition, wherein a third weld seam (222, other side) connecting the second side wall and the front wall extends at an angle spaced apart from or from the weld connecting the second side wall and the front wall in the direction of or up to the transition, wherein a fourth weld seam (121, other side) connecting the second side wall and the rear wall extends at an angle spaced apart from or from the weld connecting the second side wall and the rear wall in the direction of or up to the transition. See Figs. 1-5B.
Regarding claim 3, the first weld seam ends at a distance from the transition, and/or the second weld seam ends at a distance from the transition, and/or, the third weld seam ends at a distance from the transition and/or, the fourth weld seam ends at a distance from the transition. See Figs. 1-4B.
Regarding claim 4, the first and the second side wall each have a square, rectangular, or trapezoidal blank. See Fig. 1.
Regarding claim 5, the first and the second weld seam or a respective extension of the first or second weld seam substantially converge in a region of the transition, and/or the third and the fourth weld seam or a respective extension of the third or fourth weld seam substantially converge in a region of the transition. See Figs. 1-5B.
Regarding claim 6, the first weld seam or an extension of the first weld seam leads into the transition at a distance from the weld connecting the first side wall and the front wall, which corresponds at most to half the width of the first side wall or which corresponds to half the width of the first side wall, and/or the second weld seam or an extension of the second weld seam leads into the transition at a distance from the weld connecting the first side wall and the rear wall, which corresponds at most to half the width of the first side wall or which corresponds to half the width of the first side wall, and/or the third weld seam or an extension of the third weld seam leads into the transition at a distance from the weld connecting the second side wall and the front wall, which corresponds at most to half the width of the second side wall or which corresponds to half the width of the second side wall, and/or the fourth weld seam or an extension of the fourth weld seam leads into the transition at a distance from the weld connecting the second side wall and the rear wall, which corresponds at most to half the width of the second side wall or which corresponds to half the width of the second side wall. See Figs. 1-5B.
Regarding claim 7, when the front and the rear wall abut one another up to the transition, the first and the second weld seam run substantially congruently and/or the third and the fourth weld seam run substantially congruently. See Figs. 1-5B.
Regarding claim 9, an area enclosed by the first weld seam, the transition, and the weld of first side wall and the front wall is triangular, semicircular, rectangular or square and/or an area enclosed by the second weld seam, the transition, and the weld of first side wall and rear wall is triangular, semicircular, rectangular or square and/or an area enclosed by the third weld seam, the transition, and the weld of second side wall and front wall is triangular, semicircular, rectangular or square and/or an area enclosed by the fourth weld seam, the transition, and the weld of second side wall and rear wall is triangular, semicircular, rectangular or square. See Figs. 1-5B.
Regarding claim 10, in the region in which the first and the second weld seam or a respective extension of the first or second weld seam converge at the transition there is an omission for the passage of air, and/or in the region in which the third and the fourth weld seam or a respective extension of third or fourth weld seam converge at the transition there is an omission for the passage of air. See Figs. 1-5B.
Regarding claim 11, the front wall and the rear wall have, in a region of an opening end, a reinforcing region (115) containing at least one single-layered or multi-layered plastic film strip fastened on the inside or on the outside to the front wall and fastened on the inside or on the outside to the rear wall and extending in each case from or at a distance from the first side edge in the direction of or up to the second side edge, the single-layered or multi-layered plastic film strip of the reinforcing region of the front wall is fastened from or at a distance from the first side edge in the direction of or up to the second side edge by way of a first weld (119) present below the opening edge, and the single-layered or multi-layered plastic film strip of the reinforcing region (115, opposite side) of the rear wall is fastened from or at a distance from the first side edge in the direction of or up to the second side edge by way of a second weld (other 119) present below the opening edge. See Fig. 3A.
Regarding claim 12, the opening edge of the first side wall and the opening edge of the second side wall are each present at a level of or below the first and the second weld. See Fig. 1.
Regarding claim 14, the holding loop connected to the front wall and the holding loop connected to the rear wall are welded in each case in their first and second connecting regions to the single-layered or multi-layered plastic film strip of the reinforcing region and also to the front wall or the rear wall, respectively. See Fig. 3A.
Regarding claim 17, the first and the second side wall are single-layered and/or, the first and the second side wall have a side fold. See Fig. 1.
Regarding claim 18, the first and the second side wall have a seam at the opening edge, and/or the first and the second side wall are based on separate material blanks, and/or the bottom fold in an erected filling state of the plastic carrier bag constitutes an outwardly directed bottom fold. See Figs. 1-5B.
Regarding claim 19, the front and/or the rear wall, the single-layered or multi-layered plastic film strip of the reinforcing region and the at least one inner layer of the front and/or the rear wall, the holding loops connected to the front wall and/or to the rear wall, and the first and the second side wall comprise or consist of polyolefins. See [0031].
Regarding claim 22, the front and the rear wall are configured double-layered, and/or the front and the rear wall are formed in one piece, and/or the front and the rear wall form a bottom fold in the transition, and/or the first side wall is welded in the region of its first side edge to the front wall along the first side edge thereof and/or in the region of the second side edge to the rear wall along the first side edge thereof or up to the bottom-side end of front wall and/or first side wall, and/or the second side wall is welded in the region of its first side edge to the front wall along the second side edge thereof and/or in the region of the second side edge to the rear wall along the second side edge thereof or up to the bottom-side end of front wall and/or second side wall, and/or the first, second, third, and/or fourth weld seam extends in the region of a lower third or in the region of a lower quarter, with respect to the extension between opening end and bottom end, and/or the first, second, third, and/or fourth weld seam extends in a straight line. See Figs. 1-5B.
Regarding claim 26, the reinforcing region of the front wall and the rear wall extends up to or comprises the opening end, and/or wherein the plastic film strip is double-layered, and/or wherein the single-layered or multi-layered plastic film strip of the reinforcing region of the front wall is fastened from or at a distance from the first side edge in the direction of or up to the second side edge by way of a first weld present below the opening edge in the form of a first continuous longitudinal weld, and/or wherein the single-layered or multi-layered plastic film strip of the reinforcing region of the rear wall is fastened from or at a distance from the first side edge in the direction of or up to the second side edge by way of a second weld present below the opening edge in the form of a second continuous longitudinal weld. See Fig. 3A.
Regarding claim 30, the polyolefins are polyethylenes. See [0031].
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, 8, 23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Rabiea as applied above in further view of Kairia (US 2021/0403203).
Regarding claim 2, Rabiea does not disclose the edges as claimed. Kairia, which is drawn to a bag, discloses an opening edge (at 13) of a first side wall and an opening edge of a second side wall (other side) being each present below opening edges of a front wall and a rear wall. See Fig. 1. 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 edges of Rabiea be as disclosed by Kairia in order to better close the opening by allowing the top edges of the front and rear walls to close.
Regarding claim 8, as modified above, the extension from the first to the second side edge of the first side wall and/or the extension from the first to the second side edge of the second side wall is greater than the extension from the first to the second side edge of the front wall and/or the extension from the first to the second side edge of the rear wall. See Kairia, Fig. 1.
Regarding claim 23, as modified above, the opening edge of the first side wall and the opening edge of the second side wall are each present below the first and second connecting regions of the holding loops of front wall and/or rear wall.
Regarding claim 25, as modified above, the extension from the first to the second side edge of the first side wall and/or the extension from the first to the second side edge of the second side wall corresponds at most to the extension from the first to the second side edge of the front wall and/or the extension from the first to the second side edge of the rear wall.
Claim(s) 13, 15, 16, 20, 21, 27-29 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Rabiea as applied above in further view of Donner et al. (US 10,625,905).
Regarding claim 13, Rabiea does not disclose necessarily discloses layers as claimed. Donner, which is drawn to a bag, discloses a front wall and a rear wall (30, 34) configured multi-layered comprising at least one inner layer (28, 32), and one outer layer (at 30, 34), the at least one inner layer of the front wall and the at least one inner layer of the rear wall are formed continuously or in one piece, and the outer layers of front and rear wall are formed continuously or in one piece. See Fig. 5A. 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 layers on the bag of Rabiea, as disclosed by Donner, in order to further cushion any items therein.
Regarding claim 15, as modified above, the single-layered or multi-layered plastic film strip of the reinforcing region of the front wall is fastened via all its layers to an inner layer from or spaced apart from the first side edge in the direction of or up to the second side edge by way of the first weld forming a first connecting region, the single-layered or multi-layered plastic film strip of the reinforcing region of the rear wall is fastened via all its layers to an inner layer from or spaced apart from the first side edge in a direction of or up to the second side edge by way of the second weld forming a second connecting region, the first and second connecting regions of the holding loop connected to the front wall and the first and second connecting regions of the holding loop connected to the rear wall are present on an inner side of front or the rear wall, respectively, in a region of the single-layered or multi-layered plastic film strip of the reinforcing region, a respective continuing section adjoins an outer layer of the front and rear wall, the continuing section of the front and rear wall forms or comprises the plastic film strip of the reinforcing region, the continuing section of the front and rear wall extends at least in sections along the inner layer of front or the rear wall, respectively, and abuts the latter, the outer layer of the front and the rear wall comprises or forms the opening edge, the at least one inner layer extends with its upper edge up to the opening edge or at a distance therefrom, the outer layer and the continuing section of the front wall and the outer layer and the continuing section of the rear wall are each formed in one piece, the first connecting region is present closer to a lower edge of the reinforcing region of the front wall than to an upper edge thereof, the second connecting region is present closer to a lower edge of the reinforcing region of the rear wall than to an upper edge thereof, the outer layer of the front wall is welded to the outer side of the at least one inner layer along the extension from or spaced apart from the first side edge in a direction of or up to the second side edge forming a third connecting region, the outer layer of the rear wall is welded to the outer side of the at least one inner layer along the extension from or spaced apart from the first side edge in a direction of or up to the second side edge forming a fourth connecting region, the third and fourth connecting regions are each present closer to the lower edge of the reinforcing region than to an upper edge thereof, the first and second connecting regions, obtained by way of welding, of the holding loops connected to the front wall and/or to the rear wall are present spaced apart from the first, second, third and fourth connecting regions, the holding loop connected to the front wall and/or the holding loop connected to the rear wall is welded in each case in its first and second connecting regions, directly or indirectly, to the single-layered or multi-layered plastic film strip of the reinforcing region and to the at least one inner layer and the outer layer.
Regarding claim 16, the respective continuing section present at the inner layer of front and rear wall is configured at least double-layered by way of folding over at least in regions.
Regarding claim 20, the first and third connecting regions each overlap with the second and fourth connecting regions. See Figs. 1-5A.
Regarding claim 21, the opening edge of the first side wall and the opening edge of the second side wall are each present at a level of the first, second, third, and/or fourth connecting regions. See Fig. 1.
Regarding claim 27, as modified above, the front wall and the rear wall are configured double-layered comprising one inner layer.
Regarding claim 28, as modified above, the holding loop connected to the front wall and the holding loop connected to the rear wall are welded in each case in their first and second connecting regions to the at least one inner layer and the outer layer of the front wall or the rear wall, respectively.
Regarding claim 29, at least as modified above, the first connecting region, the second connecting region, the third connecting region, and/or the fourth connecting region is a connecting strip, and/or the single-layered or multi-layered plastic film strip of the reinforcing region of the front wall is fastened via all its layers to the inner layer from or spaced apart from the first side edge in the direction of or up to the second side edge by way of the first weld in the form of a first continuous longitudinal weld, and/or the single-layered or multi-layered plastic film strip of the reinforcing region of the rear wall is fastened via all its layers to the inner layer from or spaced apart from the first side edge in the direction of or up to the second side edge by way of the second weld in the form of a second continuous longitudinal weld, and/or the outer layer of the front wall and the rear wall comprises or forms the opening edge in the transition to the continuing section, and/or the first connecting region and/or the second connecting region is present adjacent to the lower edge of the reinforcing region, and/or the outer layer of the front wall is welded to the outer side of the at least one inner layer along the extension from or spaced apart from the first side edge in the direction of or up to the second side edge with a continuous longitudinal weld, and/or the outer layer of the rear wall is welded to the outer side of the at least one inner layer along the extension from or spaced apart from the first side edge in the direction of or up to the second side edge with a continuous longitudinal weld, and/or the third and fourth connecting regions are each present at or adjacent to the lower edge of the reinforcing region, and/or the first and second connecting regions, obtained by way of welding, of the holding loops connected to the front wall and/or to the rear wall have no overlap with the first, second, third, and fourth connecting regions.
Regarding claim 31, the first and third connecting regions each overlap with the second and fourth connecting regions forming uniform connecting regions. See Fig. 1.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Rabiea and Donner as applied above in further view of Kairia (US 2021/0403203).
Regarding claim 32, Kairia discloses an opening edge of a first side wall (13) and an opening edge of a second side wall (opposite side) each present with respect to an opening end below first, second, third, and/or fourth connecting regions (19) or below the uniform connecting regions. See Fig. 1. 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 edges of Rabiea be as disclosed by Kairia in order to better close the opening by allowing the top edges of the front and rear walls to close.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Rabiea as applied above.
Regarding claim 24, Rabiea discloses the claimed invention except for seams as claimed. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the first, second, third, and/or fourth weld seam end at a distance of not more than 1.0 cm from the transition, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233.
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.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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