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 .
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 first side wall, the bag bottom, and the second side wall are formed continuously (Claim 10), 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 (Claim 14) 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 16, 19, 35, 36, 20, 21, and 34 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.
Claim 16 recites a first, second, third, and fourth connecting regions regarding connection of the reinforcing region. It is unclear exactly what is considered to be a third and fourth connecting regions as they are not clearly pointed out in the drawings. Additionally claim 16 recites “the first and second connecting regions” and it is unclear which set of first and second connecting regions are intended to be referred to. For this reason, the scope of claim 16 is unclear. For the purpose of examination, it is assumed that the first and second connecting regions recited can be either set of first and second connecting regions.
Claim 34 recites “the first and second connecting regions have no overlap with the first, second, third, and fourth connecting regions.” it is unclear exactly what this is intended to mean. Clarification is requested.
Claim 10 recites “the first side wall, the bag bottom, and the second side wall are formed continuously” it is unclear exactly what form this would take as it does not appear to be supported by the drawings. The drawings only appear to show the front and rear walls formed continuously. For this reason, the scope of claim 10 is unclear. For the purpose of examination, it is assumed that portions welded together are considered to be continuously formed
Claims 19, 35, 36, 20, 21, 34 and 28 are rejected as depending from claim 16 or 10 and therefore incorporating the indefinite scope.
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) 1-8, 11-12, 14-15, 17, 22-25, 29-30, and 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabiea (US 2021/0120926 A1) in view of Kairia (US 2021/0403203 A1).
Regarding claim 1, Rabiea discloses a plastic carrier bag with a bottom end and an opposite opening end (Figs. 1 and 3A), comprising, a front wall and a rear wall (101/103), each with a first side edge and an opposite second side edge (Figs. 3A and 3B, noting the left and right side edges) as well as an opening edge (noting an uppermost edge), a first and an opposite second side wall (Figs. 4A and 4B, noting instances of 105), each with a first and an opposite second side edge and an opening edge (noting the uppermost edge), wherein the first and the second side wall are configured single-layered or multi-layered, and at least one holding loop connected to the front wall (111a/111b), and/or at least one holding loop connected to the rear wall, each with a first and a second connecting region (113a-d), 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 the bottom end by way of folding over (noting they are connected along fold 107), wherein the transition extends laterally from a first end to an opposite second end (Figs. 3A and 5A), wherein in the case of the front and rear wall abutting one another up to the transition, the lateral extension of the transition between the first and second end is smaller than an extension of the front and the rear wall between the respective first and the second side edge at the opening end (Fig. 3A), wherein the extension of front and rear wall between the respective first and second side edge tapers in a region of the lower third with respect to the extension between the opening end and the bottom end, in the direction of or up to the transition forming a taper/bottom surface region (Fig. 3A), wherein the lateral extension of the first and the second side wall in the taper/bottom surface region in each case decreases corresponding to the region in which the extension of the front and rear wall tapers between the respective first and second side edge (Figs. 4A and 4B), wherein the first side wall is welded in the taper/bottom surface region in a region of its first side edge to the front wall, and in a region of its second side edge to the rear wall, and wherein the second side wall is welded in the taper/bottom surface region in a region of its first side edge to the front wall, and in a region of its second side edge to the rear wall (Figs. 4A and 4B noting 121 and 222, noting at least the outermost ends thereof).
Rabiea does not specifically disclose the opening edge of the first side wall and the opening edge of the second side wall with respect to the opening end, are respectively present below the opening edges of the front wall and the rear wall.
Kairia demonstrates a similar bag including the opening edge of the first side wall (13) and the opening edge of the second side wall (13) with respect to the opening end, are respectively present below the opening edges of the front wall and the rear wall (Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Rabiea and use the teaching of Kairia and have the side wall opening edges present below the opening edges of the front wall because such a change would have required a mere change in size of a component (i.e. shortening the side walls, or lengthening the front and rear walls). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Alternatively, such a change would make room for a sealing member on the front and rear walls as demonstrated by Kairia.
Regarding claim 2, modified Rabiea discloses the first and the second side edge of the first side wall approach in the taper/bottom surface region, and the first and the second side edge of the second side wall approach in the taper/bottom surface region (Figs. 3A and 3B).
Regarding claim 3, modified Rabiea discloses in the portion which is not the taper/bottom surface region, the first side wall is welded in the region of its first side edge to the front wall, and in the region of its second side edge to the rear wall, and in the portion which is not the taper/bottom surface region, the second side wall is welded in the region of its first side edge to the front wall, and in the region of its second side edge to the rear wall (noting Figs. 4A and 4B noting the outermost portions of 121a).
Regarding claim 4, modified Rabiea discloses the extension from the first to the second side edge of the first side wall substantially corresponds to a sum of the extension of the taper/bottom surface region of the front wall, calculated from the transition, and the extension of the taper/bottom surface region of the rear wall, calculated from the transition, and/or the extension from the first to the second side edge of the second side wall substantially corresponds to a sum of the extension of the taper/bottom surface region of the front wall, calculated from the transition, and the extension of the taper/bottom surface region of the rear wall, calculated from the transition (Figs. 3A and 3B).
Regarding claim 5, modified Rabiea discloses the first and the second side wall are configured triangular in the taper/bottom surface region (noting the lowermost portions of 105, Figs. 4A and 4B).
Regarding claim 6, modified Rabiea discloses adjacent to or in the region of the first end of the transition, the first side wall, the front wall, and the rear wall are welded to one another in a first area, and/or wherein adjacent to or in the region of the second end of the transition, the second side wall, the front wall, and the rear wall are welded to one another in a second area (noting 121, 121a, 121b, and 222).
Regarding claim 7, modified Rabiea discloses in the first area and in the second area in each case six layers are welded to one another (noting at least two layers for each of the welds 121a, 121b, and 222).
Regarding claim 8, modified Rabiea discloses the front wall tapers either straight or slightly convexly from the beginning of the taper/bottom surface region facing the opening end at the first side edge to the first end of the transition (Fig. 3A).
Regarding claim 11, modified Rabiea discloses the front and the rear wall have, in a region of the opening end, a reinforcing region (115) containing at least one single-layered or multi-layered plastic film strip which is fastened on the inside or on the outside to the front wall (Paragraph 0038), and at least one single-layered or multi-layered plastic film strip which is fastened on the inside or on the outside to the rear wall and which extend in each case from or at a distance from the first side edge in a direction of or up to the second side edge (Fig. 1), 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 a 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 of the rear wall is fastened from or at a distance from the first side edge in a direction of or up to the second side edge by way of a second weld present below the opening edge (via another instance of 119).
Regarding claim 12 and 30, modified Rabiea discloses the opening edge of the first side wall and the opening edge of the second side wall are respectively present at a or below level of the first and the second weld (noting the top edge of the side walls are below the opening edge of the front and rear wall as taught by Kairia) to the degree that it can be argued that modified Rabiea does not specifically disclose the location of the side wall opening edges at each location, such a change would require a mere change in size of a component (i.e. the height of the side walls), or a mere rearrangement of parts, (i.e. rearranging the relative locations of the upper edge with respect to the welds). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Regarding claim 14, to the degree it may be unclear that modified Rabiea disclose 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, such a change would have required a mere change in size of a component. i.e. increasing the width of the first and second side walls, or reducing the width of the front and rear walls. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Regarding claim 15, modified Rabiea disclose the holding loop connected to the front wall and the holding loop connected to the rear wall is welded in each case in its 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 (noting 113a-d).
Regarding claim 17, modified Rabiea discloses the bottom fold in an erected filling state of the plastic carrier bag constitutes an outwardly directed bottom fold (at 107).
Regarding claim 22, modified Rabiea discloses the front and the rear wall are formed in one piece, and/or the front and the rear wall merge into one another at the bottom end by way of folding over forming a bottom fold in this transition (at 107), and/or the extension of the front and rear wall between the respective first and second side edge tapers up to the transition, and/or the lateral extension of the first and the second side wall in the taper/bottom surface region in each case decreases in a corresponding manner corresponding to a region in which the extension of front and rear wall tapers between the respective first and second side edge (Figs. 4A and 4B).
Regarding claim 23-24, modified Rabiea discloses the first and the second side edge of the first and/or second side wall continuously approach in the taper/bottom surface region (Figs. 4A and 4B), the first and the second side edge of the first and/or the second side wall substantially converge in the region of the transition.
Regarding claim 25, modified Rabiea discloses in the portion which is not the taper/bottom surface region, the first side wall is welded in the region of its first side edge to the front wall along the first side edge thereof (at least at an outermost portion of 121a).
Regarding claim 29, modified Rabiea discloses the reinforcing region extends up to or comprises the opening end (115).
Regarding claim 32, modified Rabiea discloses 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 (Fig. 1).
Regarding claim 33, modified Rabiea discloses the holding loop connected to the front wall and the holding loop connected to the rear wall is welded to at least one inner layer and the outer layer of front wall or rear wall, respectively (at 113a-d noting they are attached to the reinforced double layer portion).
Claim(s) 13, 16, 18-19, 20-21, 31, and 34-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabiea (US 2021/0120926 A1) in view of Kairia (US 2021/0403203 A1) as applied to claim 1 above, and further in view of DE 202017105180 U1.
Regarding claims 13 and 31, modified Rabiea does not specifically disclose: the front wall and the rear wall are configured multi-layered, comprising at least one inner layer and one outer layer, the at least one inner layer of the front wall and the at least one inner layer of the rear wall are formed continuously, and the outer layers of the front and rear wall are formed continuously, or the front wall and the rear wall comprise one inner layer, and/or wherein the inner layer of the front wall and the inner layer of the rear wall are formed in one piece, and/or wherein the outer layers of front and rear wall are formed in one piece.
DE 202017105180 U1 demonstrates a similar bag including the front wall and the rear wall are configured multi-layered, comprising at least one inner layer and one outer layer (28/30 and 32/34), the at least one inner layer of the front wall and the at least one inner layer of the rear wall are formed continuously, and the outer layers of the front and rear wall are formed continuously (Fig. 10), the front wall and the rear wall comprise one inner layer, and/or wherein the inner layer of the front wall and the inner layer of the rear wall are formed in one piece, and/or wherein the outer layers of front and rear wall are formed in one piece.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rabiea and use the teaching of DE 202017105180 U1 and form the front and rear walls out of at least an inner layer and an outer layer because such a change would act to reinforce the walls be making them double layered, or to allow the device to have inner and outer walls having different characteristics (i.e. an outer layer is extra durable or abrasion resistant) as is well known in the art.
Regarding claim 18, modified Rabiea discloses. the front and/or rear wall, the single-layered plastic film strip of the reinforcing region and the at least one inner layer of front and/or rear wall, as well as the holding loops connected to the front wall and/or to the rear wall, as well as the first and the second side wall are formed or consist of polyolefins (noting polyethylene).
Regarding claim 16, modified Rabiea discloses the single-layered or multi-layered plastic film strip of the reinforcing region (115) of the front wall is fastened over all its layers to at least one inner layer from or at a distance from the first side edge in a direction of or up to the second side edge by way of the first weld forming a first connecting region (119), and wherein the single-layered or multi-layered plastic film strip of the reinforcing region of the rear wall is fastened over all its layers to at least one inner layer from or at a distance from the first side edge in the direction of or up to the second side edge by way of the second weld forming a second connecting region (noting the other instance of 119), wherein 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 rear wall (113a-113d), respectively, in the region of the single-layered or multi-layered plastic film strip of the reinforcing region.
Modified Rabiea does not specifically disclose wherein a continuing section adjoins an outer layer of the front and rear wall in each case, wherein the continuing section of the front and rear wall forms or comprises the plastic film strip of the reinforcing region, wherein the continuing section of the front and rear wall extends at least in sections along the at least one inner layer of front or rear wall, respectively, and abuts the latter wherein the outer layer of front and rear wall comprises or forms the opening edge, and the at least one inner layer extends with its upper edge up to the opening edge or at a distance therefrom, wherein the outer layer and the continuing section of the front wall and the outer layer and the continuing section of the rear wall are formed in each case continuously, wherein 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, wherein 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, wherein the outer layer of the front wall is welded to the outer side of the at least one inner layer along an extension from or at a distance from the first side edge in a direction of or up to the second side edge forming a third connecting region, wherein the outer layer of the rear wall is welded to the outer side of the at least one inner layer along an extension from or at a distance from the first side edge in a direction of or up to the second side edge forming a fourth connecting region, wherein the third and fourth connecting regions are present in each case closer to the lower edge of the reinforcing region than to the upper edge thereof wherein 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 at a distance from the first, second, third, and fourth connecting regions, and wherein 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.
DE 202017105180 U1 discloses a similar bag including walls including an inner and outer layers (Fig. 10) a continuing section (4/14) adjoins an outer layer of the front and rear wall in each case, wherein the continuing section of the front and rear wall forms or comprises the plastic film strip of the reinforcing region, wherein the continuing section of the front and rear wall extends at least in sections along the at least one inner layer of front or rear wall, respectively, and abuts the latter (Figs. 10 and 13) wherein the outer layer of front and rear wall comprises or forms the opening edge (at 4 and 14), and the at least one inner layer extends with its upper edge up to the opening edge or at a distance therefrom (Figs. 10 and 13), wherein the outer layer and the continuing section of the front wall and the outer layer and the continuing section of the rear wall are formed in each case continuously, wherein the first connecting region (54) is present closer to a lower edge of the reinforcing region of the front wall than to an upper edge thereof, wherein the second connecting region (54’) is present closer to a lower edge of the reinforcing region of the rear wall than to an upper edge thereof, wherein the outer layer of the front wall is welded to the outer side (outer side noting the portion facing outward and away from the outer layer) of the at least one inner layer along an extension from (noting Fig.10) or at a distance from the first side edge in a direction of or up to the second side edge forming a third connecting region (52), wherein the outer layer of the rear wall is welded to the outer side of the at least one inner layer along an extension from or at a distance from the first side edge in a direction of or up to the second side edge forming a fourth connecting region (52’), wherein the third and fourth connecting regions are present in each case closer to the lower edge of the reinforcing region than to the upper edge thereof wherein the first and second connecting regions, obtained by way of welding, of the holding loops (24A/26A) connected to the front wall and/or to the rear wall are present at a distance from the first, second, third, and fourth connecting regions, and wherein 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 (Fig. 3), 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 (Fig. 13).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rabiea and include an inner and outer material layers of the front and rear wall and configure that reinforcing region and connecting regions similar to that of DE 202017105180 U1 because such a change would allow for the inner and outer layer to have different properties as well as form a double layer thereby helping to reinforce that walls, as well as adding additional layers to the reinforcing area.
Regarding claims 19 and 35, modified Rabiea and specifically DE 202017105180 U1 demonstrates the first and third connecting regions overlap in each case with the second and fourth connecting regions, the first and third connecting regions overlap in each case with the second and fourth connecting regions forming uniform connecting regions (Fig. 12-13).
Regarding claim 36 and 20, modified Rabiea discloses the opening edge of the first side wall and the opening edge of the second side wall are respectively present below level of the first and the second weld (noting the top edge of the side walls are below the opening edge of the front and rear wall as taught by Kairia) to the degree that it can be argued that modified Rabiea does not specifically disclose the opening edge of the first side wall and the opening edge of the second side wall are in each case present with respect to the opening end at or below the first, second, third, and/or fourth connecting regions or below the uniform connecting regions such a change would require a mere change in size of component, or a mere rearranging of components (i.e. rearranging the relative locations of the upper edge with respect to the welds). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Regarding claim 21, modified Rabiea and specifically DE 202017105180 U1 discloses the continuing section in each case present at the at least one inner layer of front and rear wall is configured at least double-layered at least in regions by way of folding over (Figs. 10, 12, and 13).
Regarding claim 34, modified Rabiea and specifically DE 202017105180 U1 discloses the first, second, third, and/or fourth connecting region is a connecting strip (in the form of a weld), and/or the outer layer of front and rear wall comprises or forms the opening edge in the transition to the continuing section (Fig. 12), and/or the outer layer and the continuing section of the front wall and the outer layer and the continuing section of the rear wall are formed in each case in one piece (Fig. 12), and/or the first, second, third and/or fourth connecting region is present at or adjacent to the lower edge of the reinforcing region (Fig. 12).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabiea (US 2021/0120926 A1) in view of Kairia (US 2021/0403203 A1) as applied to claim 6 above, and further in view of Kreymborg (EP 2135818 A1).
Regarding claim 26, modified Rabiea does not specifically disclose adjacent to or in the region of the first end of the transition of the first side wall, the front wall, and the rear wall are welded to one another in a first area with omission of a portion for the passage of air in the region of the transition, and/or wherein adjacent to or in the region of the second end of the transition, the second side wall, the front wall, and the rear wall are welded to one another in a second area, with omission of a portion for the passage of air in the region of the transition.
Kreymborg discloses a packaging including welded seams between walls that further include an area of omission for the passage of air (16/17).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rabiea and use the teaching of Kreymborg and include vent portions in a welded seam in order to vent air such that a buildup of pressure would not compromise the seal otherwise. To the degree that it is unclear that the vent portion is in the transition of the first side wall, the front wall, and the rear wall, placing it there would require a mere rearrangement of parts. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
Claim(s) 9 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabiea (US 2021/0120926 A1) in view of Kairia (US 2021/0403203 A1) and Kösters (EP 3792192 A1).
Regarding claim 9, Rabiea discloses a plastic carrier bag with a bottom end and an opposite opening end (Fig. 3A), comprising, a front wall and a rear wall, each with a first side edge and an opposite second side edge as well as an opening edge (Figs. 1, 3A and 3B ), a first and an opposite second side wall (105), each with a first and an opposite second side edge and an opening edge (Figs. 4A and 4B), 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 (113a-d), wherein the front and the rear wall are configured single-layered or multi-layered, wherein the front wall and the rear wall are formed continuously, wherein the front wall and the rear wall merge into one another at a transition at the bottom end by way of folding over (via 107), wherein the transition extends laterally from a first end to an opposite second end.
Rabiea does not specifically disclose the lateral extension of the transition between the first and second end is substantially identical to an extension of the front and the rear wall between the respective first and the second side edge at the opening end, or and the opening edge of the first side wall and the opening edge of the second side wall, with respect to the opening end, are in each case present below the opening edges of front wall and rear wall.
Kairia discloses a similar bag including a lateral extension of a transition between the first and second end (noting a lowermost end) is substantially identical to an extension of the front and the rear wall between the respective first and the second side edge at the opening end noting the side edges of 10 and 30 are substantially straight and parallel (Fig. 1), and wherein the opening edge of the first side wall and the opening edge of the second side wall, with respect to the opening end, are in each case present below the opening edges of front wall and rear wall (Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Rabiea and use the teaching of Kairia and have an extension between side edges of an opening region be substantially identical to the extension of a transition region because such a change would have required a mere chance in shape of a component (i.e. the shape of the front and rear walls).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Rabiea and use the teaching of Kairia and have the side wall opening edges present below the opening edges of the front wall because such a change would have required a mere change in size of a component (i.e. shortening the side walls, or lengthening the front and rear walls). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Alternatively, such a change would make room for a sealing member on the front and rear walls as demonstrated by Kairia.
Modified Rabiea does not specifically disclose the first and the second side wall have a square, rectangular, or trapezoidal blank, wherein the front wall and the rear wall are welded in a region of their first side edges to the first side wall, wherein the front wall and the rear wall are welded in a region of their second side edges to the second side wall, and wherein the opening edge of the first side wall and the opening edge of the second side wall, with respect to the opening end, are in each case present below the opening edges of front wall and rear wall.
Kösters demonstrates a similar bag having a front and rear walls (11), as well as a first and second side walls (12/52), where the first and the second side wall have rectangular blank (Fig. 1), wherein the front wall and the rear wall are welded in a region of their first side edges to the first side wall (13), wherein the front wall and the rear wall are welded in a region of their second side edges to the second side wall (13).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Rabiea and use the teaching of Kösters and have the first and second side walls made from rectangular blanks rather than extensions of the front and rear wall because such a change would have required the mere choice of one known wall structure over another and would have yielded predictable results. Alternatively, such a change would allow the side wall blanks to have different material characteristics allowing for increased versatility.
Regarding claim 27, modified Rabiea discloses the front wall and the rear wall are formed in one piece, and/or the front wall and the rear wall merge into one another at the bottom end by way of folding over forming a bottom fold in this transition.
Claim(s) 10 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kairia (US 2021/0403203 A1) in view of Kösters (EP 3792192 A1).
Regarding claim 10, Kairia discloses a plastic (paragraph 0018) carrier bag with a bottom end and an opposite opening end, comprising: a front wall and a rear wall (Fig. 1, noting the walls to which the handles are attached), each with a first side edge and an opposite second side edge an opening edge as well as a bottom edge opposite the opening edge, a first and an opposite second side wall (13), each with a first and an opposite second side edge (noting the intersections between walls 13 and the front and rear walls) and an opening edge and a bag bottom with a first side edge and an opposite second side edge, wherein the first and the second side wall are configured single-layered or multi-layered, and at least one holding loop (18) 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, wherein the front and the rear wall are configured single-layered or multi-layered, wherein the first side wall, the bag bottom, and the second side wall are formed continuously (as they are continuous after welding, to the degree noted above), and wherein the opening edge of the first side wall and the opening edge of the second side wall, with respect to the opening end, are in each case present below the opening edges of the front wall and the rear wall (Fig. 1).
Kairia does not specifically disclose wherein the first side wall is welded in a region of its first side edge to the front wall and in a region of its second side edge to the rear wall, wherein the second side wall is welded in a region of its first side edge to the front wall and in a region of its second side edge to the rear wall, wherein the bag bottom is welded in a region of the first side edge to the front wall and in a region of the second side edge to the rear wall.
Kösters demonstrates a similar bag having a front and rear walls (11), as well as a first and second side walls (12/52), where the first side wall is welded in a region of its first side edge to the front wall (via 13) and in a region of its second side edge to the rear wall (via 13), wherein the second side wall is welded in a region of its first side edge to the front wall and in a region of its second side edge to the rear wall (via 13), wherein the bag bottom is welded in a region of the first side edge to the front wall and in a region of the second side edge to the rear wall (via 17a).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Kairia and use the teaching of Kösters and have the first and second side walls made from blanks rather than extensions of the front and rear wall because such a change would have required the mere choice of one known wall structure over another and would have yielded predictable results. Alternatively, such a change would allow the side wall blanks to have different material characteristics allowing for increased versatility.
Regarding claim 28, modified Kairia discloses the front and the rear wall are configured double-layered (noting the outer wall, and the inner liner as described in Paragraph 0018).
Conclusion
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/M.T.T./Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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