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) 21, 25-28, 30, 32, 33, 35-38 and 41-46 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bannister (US 2009/0159192).
Regarding claim 21, Bannister discloses a bag comprising: a front wall (22) comprising a first end and a second end and a first side and a second side; a back wall (24A, 24B) comprising a first end and a second end and a first side and a second side; and a first side wall (at 20) and a second side wall (other side at 20), wherein the first side wall connects the first side of the front wall to the first side of the back wall and the second side wall connects the second side of the front wall to the second side of the back wall, and wherein the first side wall and the second side wall each comprise a first end and a second end; wherein each of the front wall, the back wall, the first side wall, and the second side wall comprise (i) a first layer comprising a woven polymer ([0037]) and (ii) a second layer comprising a polymer film ([0037]); wherein the first end of the bag comprises a step cut configuration (Fig. 4A) formed from the first end of each of the first side wall and the second side wall extending farther than the first end of the front wall, and the first end of the back wall extending farther than the first end of each of the first side wall and the second side wall (Fig. 3); and wherein one of the first end of the front wall or the first end of the back wall comprises a tab (Fig. 8B, end of 11) that extends from the respective first end of the front wall or the back wall. See Figs. 1-8B.
Regarding claim 25, the first layer and the second layer each comprise polyethylene, polypropylene, or a combination thereof. See [0001].
Regarding claim 26, the step cut configuration comprises a plurality of connections (Fig. 4A), each connection of the plurality of connections being formed to extend between and to connect one of a first edge of the back wall, the first side wall, and the front wall with a respective second edge of the back wall, the second side wall, and the front wall, wherein the plurality of connections each define at least one of a curved connection or an angled connection. See Figs. 1-8B.
Regarding claim 27, each angled connection is between 15° and 75° with respect to the first end of the front wall. See Fig. 4A.
Regarding claim 28, each curved connection comprises a portion of an elliptical, parabolic, or hyperbolic curve. See Fig. 4A.
Regarding claim 30, the second end of the bag comprises a second step cut configuration formed from the second end of the front wall extending farther than the second end of each of the first side wall and the second side wall, and the second end of each of the first side wall and the second side wall extending farther than the second end of the back wall. See Fig. 3.
Regarding claim 32, each of the first side wall and the second side wall further comprise a gusset (at 20) having a fold line extending from the second end to the first end dividing the first side wall into a first front side wall and a first back side wall and dividing the second side wall into a second front side wall and a second back side wall. See Fig. 3.
Regarding claim 33, Bannister discloses a bag comprising: a front wall (22) comprising a first end and a second end and a first side and a second side; a back wall (24A, 24B) comprising a first end and a second end and a first side and a second side, wherein the back wall further comprises a seam (at 202) extending from the first end of the back wall to the second end of the back wall; and a first side wall (at 20) and a second side wall (at other 20), wherein the first side wall connects the first side of the front wall to the first side of the back wall and the second side wall connects the second side of the front wall to the second side of the back wall, and wherein the first side wall and the second side wall each comprise a first end and a second end; wherein each of the front wall, the back wall, the first side wall, and the second side wall comprise (i) a first layer comprising a woven polymer and (ii) a second layer comprising a polymer film ([0037]); wherein the first end of the bag comprises a step cut configuration (Fig. 3 and 4A) formed from the first end of each of the first side wall and the second side wall extending farther than the first end of the front wall, and the first end of the back wall extending farther than the first end of each of the first side wall and the second side wall. wherein the second end of the bag comprises a second step cut configuration (Fig. 3) formed from the second end of the front wall extending farther than the second end of each of the first side wall and the second side wall, and the second end of each of the first side wall and the second side wall extending farther than the second end of the back wall; wherein the seam comprises a tab (Fig. 8B, end of 11) that extends from the first end or the second end of the back wall. See Figs. 1-8B.
Regarding claims 35-38 and 41, Bannister sufficiently discloses the claimed invention. See Figs. 1-8B and [0037].
Regarding claim 42, Bannister discloses a bag comprising: a front wall (22) comprising a first end and a second end and a first side and a second side; a back wall (24A, 24B) comprising a first end and a second end and a first side and a second side, wherein the back wall comprises a seam (at 202) extending from the first end of the back wall to the second end of the back wall; and a first side wall (at 20) and a second side wall (at other 20), wherein the first side wall connects the first side of the front wall to the first side of the back wall and the second side wall connects the second side of the front wall to the second side of the back wall, and wherein the first side wall and the second side wall each comprise a first end and a second end; wherein each of the front wall, the back wall, the first side wall, and the second side wall comprise (i) a first layer comprising a woven polymer and (ii) a second layer comprising a polymer film ([0037]); wherein the first end of each of the first side wall and the second side wall extend farther than the first end of the back wall, and the first end of the front wall extends farther than the first end of each of the first side wall and the second side wall; and wherein the seam comprises a tab (Fig. 8B, end of 11) that extends from the seam. See Figs. 1-8B.
Regarding claim 43, the first end of each of the first side wall and the second side wall that extend farther than the first end of the back wall and the first end of the front wall that extends farther than the first end of each of the first side wall and the second side wall are folded over the first end of the back wall and sealed to the back wall. See Figs. 3-8B.
Regarding claim 44, the tab is sealed to the front wall (at least indirectly). See Fig. 8B.
Regarding claim 45, the tab is rectangular. See Fig. 8B.
Regarding claim 46, the tab helps form a seal effective to prevent leakage or infestation of contents of the bag. See Figs. 1-8B.
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) 22-24 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Bannister as applied above in further view of Wallander (US 2013/0279833).
Regarding claim 22, Bannister does not disclose a cut out. Wallander, which is drawn to a bag, discloses one of a second end of a front wall or a second end of a back wall comprising a cut out (29). See Fig. 2. 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 use a cut out, as disclosed by Wallander, on the wall of Bannister in order to facilitate identification or opening of the seam.
Regarding claim 23, as modified above, the tab and the cut out are located proximal a seam of the bag.
Regarding claim 24, as modified above, a seam of the bag comprises the tab and the cut out.
Regarding claim 34, as modified above, the seam comprises a cut out, wherein the tab and the cut out are located at opposing ends of the seam. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the tab and cut out located at opposing ends of the seam, since it has been held that rearranging parts of an invention involves only routine skill in the art. See In re Japiske, 86 USPQ 70.
Claim(s) 29 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Bannister as applied above in further view of Saito (US 3,508,701).
Regarding claims 29 and 39, Bannister discloses curved connections, but does not disclose angled connections as claimed. Saito, which is drawn to a bag, discloses a plurality of connections defining an angled connections. See Fig. 4. 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 use an alternation of curved and angled connections in order to better fit to certain items therein. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use an alternation of curved and angled connections since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. See Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Claim(s) 31 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Bannister as applied above in further view Rogers (US 2009/0148081).
Regarding claim 31, Bannister does not disclose an access feature as claimed. Rogers, which is drawn to a bag, discloses an easy open or easy access feature (28) comprising a weakened area comprising a line of perforations proximal a first end of a front wall, and extending from the front wall across the first side wall and onto the back wall. See Figs. 1-3. 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 use an easy open or easy access feature, as disclosed by Rogers, on the bag of Bannister in order to facilitate access to contents therein.
Regarding claim 40, as modified above, an easy open or easy access feature comprises a weakened area that comprises a line of perforations proximal the first end of the front wall, and extending from the front wall across the first side wall and onto the back wall. See Rogers, Figs. 1-3.
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
