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 because they appear to be photographs and do not clearly show the invention when scanned into the system. Drawings should be black and white line drawings including leader lines and reference numbers pointing out portions of the invention. 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 Objections
The claims are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
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 1-7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 6 recite the limitation "both corners". There is insufficient antecedent basis for this limitation in the claim. It is noted that the limitations regarding opening portion does not include any previously stated corners or details thereof. For the purpose of examination, it is assumed that any portion with or near a point that can be considered a corner will be considered to meet this limitation.
Claims 2-5 and 7 are rejected as depending from claims 1 or 6 and therefore incorporating the indefinite scope.
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) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moehlenbrock (US 2011/0038572 A1).
Regarding claim 1, Moehlenbrock discloses a partial easy-peel pouch, comprising, a sealing portion (30/32) provided on right and left edges of front and rear films (Figs. 3-4 and 28-29), an opening portion (Fig. 2) having a designated area on top of the front and rear films, an easy-peel film (10, Paragraph 0273) heat-sealed (Paragraph 0251) to inner surfaces of the front and rear films on the opening portion (Figs. 1 and 2) and an opening handle (26/28) provided on top of the opening portion.
Regarding claim 2, Moehlenbrock discloses the partial easy-peel pouch is provided in one of a three-side seal pouch (Fig. 3, noting 30/32/34, and Paragraph 0269, which notes 34 can be either a fold or a seal).
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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moehlenbrock (US 2011/0038572 A1) in view of Varanese et al. (US 2005/0031233 A1)(Varanese).
Regarding claim 3, Moehlenbrock demonstrates an easy peel film, but does not specifically disclose wherein the easy-peel film comprises, an easy-peel layer, a strength reinforcement layer provided on an outer surface of the easy-peel layer; and a sealing layer provided on an outer surface of the strength reinforcement layer.
Varanese discloses an easy-peel film that comprises, an easy-peel layer (301/302), a strength reinforcement layer (303/304 as it will provide some degree of support and reinforcement) provided on an outer surface of the easy-peel layer; and a sealing layer (305/306) provided on an outer surface of the strength reinforcement layer.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Moehlenbrock and use the teaching of Varanese and have the easy peel strip include the aforementioned portions because such a change would have required a mere choice of one known easy peel strip structure over another and would have yielded predictable results. Further adding additional layers would allow the peel strip to have additional attributes via including additional layers.
Regarding claim 4, modified Moehlenbrock and specifically Varanese discloses wherein the strength reinforcement layer (303/304 noted as carrier layers) is made of one of polyamide (Paragraph 0061) and the sealing layer is one of a polyethylene (PE) film, a polypropylene (PP) film (Paragraph 0098).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moehlenbrock (US 2011/0038572 A1) in view of Loyd et al. (US 7,422,105 B2)(Loyd).
Regarding claim 5, Moehlenbrock does not specifically disclose the opening handle has front and rear handles and of different sizes and/or heights.
Loyd demonstrates a peel package having opening handles (61/62) including front and rear handles and of different sizes and/or heights (Fig. 5E).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Moehlenbrock and include differently sized tab portions that help the user locate, grasp, and peel the package open as demonstrated by Loyd.
Regarding claims 6-7, Moehlenbrock discloses a method for manufacturing a partial easy-peel pouch (Figs. 8a and 14), the method comprising, a sealing step of sealing right and left edges of front and rear films (forming 30/32), a pouch processing step (S2) of taping an easy-peel film (10) on an inner surface of the sealed film (noting seals 22/23) and applying heat (Paragraph 0251) thereto, the easy-peel film is to be taped at regular intervals along the upper portion of the film (Figs. 14-15, noting 74).
Moehlenbrock does not specifically disclose an opening handle cutting step (S3) of forming opening handles on both corners or top of an upper portion of the film, wherein the opening handle is cut into a shape such as a square, a square with rounded corners, a triangle, a circle, or an oval; and wherein the opening handle has front and rear handles and of different sizes and/or heights.
Loyd demonstrates a peel package having opening handles (61/62) including cutting a front and rear handles into a circle, or an oval and of different sizes and/or heights (Fig. 5E).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Moehlenbrock and include differently sized tab portions that help the user locate, grasp, and peel the package open as demonstrated by Loyd.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW T THEIS whose telephone number is (571)270-5700. The examiner can normally be reached 7:00 am - 5:00 pm Monday - Thursday.
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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.
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/M.T.T./ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734
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